LAW COURSE DESCRIPTIONS

Course Descriptions 2016-2017

LAW COURSE DESCRIPTIONS

LAW-2005 Accounting for Lawyers Mr. Kevin Wall, 3 credits day; 3 credits evening.

There will be a mid-term and final exam, representing 20% and 80% of the course grade, respectively.

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. Faculty comments : 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.

Elective Course

Meets Financial Services Concentration Requirements

Meets Legal Technology and Innovation Concentration Requirements

Final Exam Required

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LAW-2020 Administrative Law Prof. Renee M. Landers, Prof. Elizabeth M. McKenzie, 3 credits day; 3 credits evening.

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. Faculty comments : 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. Professor McKenzie will assign 1 problem per week, which in total will make up 26% of the course grade. You will receive a model answer for each problem after turning in your answer.

The problems should give you some idea of how well you are understanding the concepts as we go along.

• I will assign students for each case on the syllabus to brief the case. By the class BEFORE we discuss your case, please send me your briefed case: o Facts (including the procedural facts if they are relevant), o Issues, o Holding, and o Rationale. • Your brief counts for 4% of your final grade in the class. You will receive a model brief and a grade. • Final Exam is 70%

Elective Course

Meets Base Menu Requirement

Meets Health/Biomedical Concentration Requirements

Meets Labor and Employment Law Concentration Requirements

Final Exam Required

Final Paper Required

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LAW-2025 Admiralty Mr. John Bromley, 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.

Elective Course

Meets International Law Concentration Requirements

May Fulfill Legal Writing Requirement

Final Exam or Paper Required

LLM Course

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LAW-2580 Advanced Civil Procedure Prof. Linda Sandstrom Simard, 3 credits day; 3 credits evening.

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 (i.e. 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. Faculty comments : 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.

Enrollment is limited: 20

Elective Course

Meets Civil Litigation Concentration Requirements

Take Home Exam Required

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LAW-2592 Advanced Health Law & Policy Prof. Marc A. Rodwin, 3 credits day; 3 credits evening.

NOT OFFERED 2016-2017

This course is explores advanced issues related to the law, organization and finance of the American health care system. It builds on knowledge developed in the introduction course, Health Law & Policy, so having completed that course (taught by either Professor Landers or Rodwin) is a prerequisite for enrollment. Topics covered include: fraud and abuse and the Stark law; corporate transactions—joint venture between hospitals and physician; health care compliance; new insurance regulation under affordable care act; health law antitrust and markets; Medicaid nursing home eligibility and spend down for long term care; private long term care insurance and regulation of nursing facilities; liability issues for health care institutions and other topics. There will be exercises and assignments to help students understand the interaction of various topics and integrate their knowledge

Prerequisite: Health Law or written permission from Professor Rodwin.

Elective Course

Meets Health/Biomedical Concentration Requirements

May Fulfill Legal Writing Requirement

Final Exam or Paper Required

LLM Course

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LAW-2403 Advanced Legal Research - Tax Prof. Michaele L. Morrow, 2 credits day; 2 credits evening.

This course is designed to introduce law students with the tools to research the specialized materials for federal tax practice, both digital and print. The course will provide tips on better legal issue analysis and advanced formation of online queries to help students become power researchers.

Prerequisite: Basic Federal Income Tax or concurrent enrollment in Basic Federal Income Tax.

Enrollment is limited: 10 Elective Course

Meets Skills Menu Requirement

Final Project Required

JD/LLM Course

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LAW-2265 Advanced Legal Writing Prof. Dyane O'Leary, Prof. Herbert N. Ramy, Ms. Ann McGonigle Santos, Prof. Philip C. Kaplan, 3 credits day; 3 credits evening. 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. Faculty comments : 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.

Enrollment is limited: 15

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Meets Advanced Legal Writing Standard

Final Paper Required

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LAW-2265 Advanced Legal Writing: Criminal Topics Ms. Ann McGonigle Santos, 3 credits day; 3 credits evening. 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.

Faculty comments : 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.

Enrollment is limited: 15

Elective Course

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Meets Advanced Legal Writing Standard

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LAW-2265 Advanced Legal Writing: Intellectual Property Litigation Prof. Dyane O'Leary, 3 credits day; 3 credits evening. This section of Advanced Legal Writing offers students the opportunity to further develop legal research, writing and analysis skills in the context of intellectual property law topics such as copyright, trademark and patent. The course is structured around interactive, practice-oriented assignments that mirror what junior attorneys do as part of the pre-trial, trial, and post-trial procedures in an intellectual property case. No scientific or technical background is required. Our written work will address matters ranging from small, pro-bono trademark disputes over company names to larger, multi-billion dollar disputes over patent rights to smartphone technology. The numerous written and oral assignments will provide students with extensive individual feedback, and the course is designed to provide “real world” exposure to intellectual property litigation (including, for example, group work, guest lectures, partner conferences, and analysis of pleadings from recent docketed federal cases). The final draft of the appellate brief may be used to satisfy the legal writing requirement.

Enrollment is limited: 15

Elective Course

Meets Skills Menu Requirement

Meets Intellectual Property Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required

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LAW-2398 Advanced Survey of Core Legal Principles Prof. Sabrina DeFabritiis, Prof. Herbert N. Ramy, 2 credits day; 2 credits evening.

May only be taken by students in their last year.

This course is designed to provide a review of substantive law in three areas that are heavily tested on the bar exam (Contracts, Evidence, and Torts) and to develop the skills necessary to apply the substantive law to answer bar exam multiple choice and essay questions. Students will be exposed to a variety of essay questions with a focus on Massachusetts specific essay topics. The course is intended to assist students in: (1) Learning how to tackle multiple choice questions tested on the bar exam; (2) Learning how to write essays for the bar exam; and (3) Reviewing the substantive law that many students have not seen since their first year of law school. To achieve the objective of not only passing this class but also passing the bar exam (your ultimate goal to practicing as a lawyer), you must commit yourself to completing the assignments in a timely and satisfactory manner and participating in class. To measure your success, and your ability to pass the bar exam, you will have assignments each week consisting of pre-class videos, multiple choice questions and/or essays that will be collected and count toward your final grade. You will also have a mid-term as well as a comprehensive “mini bar” final exam.

Elective Course

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LAW-2404 Advanced Topics in International Tax Law Ms. Jo-Ann Nessralla, 2 credits day; 2 credits evening.

NOT OFFERED 2016-2017

This course is designed to give those students who have taken International Tax a deeper understanding of the U.S. income tax rules governing the taxation of U.S. persons doing business overseas and foreign persons doing business in the United States. This course will cover a number of international tax topics including foreign currency, transfer pricing, reorganizations, and special issues related to U.S. anti-deferral rules (controlled foreign corporations and passive foreign investment companies), and to the application of the U.S. foreign tax credit.

Prerequisite: International Tax. Recommended: Corporations

Elective Course

Final Exam Required

JD/LLM Course

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LAW-2992 Advanced Topics in Legal Practice in International and Comparative Law Ms. Christine Bustany, 2 credits day; 2 credits evening.

This two credit graded seminar is for students who engaged in international fieldwork or an internship over the summer and are interested in pursuing a follow-up project growing out of that experience. As part of the seminar, students will produce a culminating project, such as a Note, fact-finding report, public presentation, or legislative proposal related to their summer internship. The emphasis of this course is public interest related work. Students will be encouraged to incorporate a comparative framework into their project, fitting into one of the two tracks of: Global to Local, or Private to Public. -Global to Local Track: Students engage an issue with global dimensions from different vantages - through a comparative frame that puts the global in conversation with the local in an applied manner. What are the global/local manifestations, dimensions and tensions of a particular issue or area of law; what is the interplay between the global and local? Private to Public Track: Students examine what are the public dimensions of a particular issue or practice area of private international law. What overlap, conflicts and/or synergies exist between private and public international law and legal practice? This seminar may be used to satisfy the Law School's legal writing requirement. This course is limited enrollment and requires the approval of instructor.

Elective Course

Final Paper Required

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LAW-2035 Advanced Torts Prof. Steven M. Eisenstat, 2 credits day; 2 credits evening.

This course will cover topics usually not covered in the first year Torts course, with particular regard to those topics often on the Massachusetts Bar examination.

Faculty comments : Prof. Eisenstat: Subjects studied include defamation, misrepresentation, business torts, product liability, and privacy. Alternative compensation systems will also be examined.

Prerequisite: Torts

Elective Course

Recommended for the Mass Bar

Final Exam Required

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LAW-2052 AM Affordable Care Act Prof. Marc A. Rodwin, 3 credits day; 3 credits evening.

This course builds on the Health Law and Policy course, which is a prerequisite. After uncovering the structure of the legislation we will analyze the public philosophy of the ACA and its effect on the health system. The course explores several topics including: litigation challenging the legality of the ACA; health insurance exchanges; the Medicaid expansion; accountable care organizations; the new system of independent medical review of insurer decisions to deny medical care; insurance subsidies; insurance mandates; health system reforms; new rules for tax-exempt hospitals and collection of unpaid bills; and topics of interest to students. We will vary topics each year to include current controversial issues. We will also critique the ACA, the law’s implementation, and explore options for future reforms. We will read legal cases, appellate briefs, regulations, articles and news reports. Students will investigate selected issues and make presentations on their findings. Grading: One half of the course grade will be based on either a paper or take-home exam (whichever the student chooses). The second half of the grade will be based on student presentations. Students may use the course to meet their upper class writing requirement only if they have had a paper proposal approved by the instructor at least two weeks before the first class meeting.

Prerequisite: Health Law or permission of the instructor

Enrollment is limited: 20

Elective Course

May Fulfill Legal Writing Requirement

Meets Advanced Legal Writing Standard

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LAW-2038 Antitrust Prof. Elbert L. Robertson, 3 credits day; 3 credits evening.

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

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LAW-2518 Appellate Practice and Advocacy Ms. Melissa Allen Celli, Hon. William J. Meade, 3 credits day; 3 credits evening.

This seminar type course has two aims: 1. To provide an understanding of appellate law (court structure and jurisdiction, rules of appellate practice, and standards of review); and 2. To develop persuasive advocacy skills, both written and oral. The course will begin with a discussion of the structure and jurisdiction of both Massachusetts and federal courts and the post-conviction interplay between those courts. We will also examine rules of appellate practice, including pre-appeal preservation of rights and record preparation, and how those pre-appeal factors affect the standards of review. We will then proceed to the core of the appeal: the brief and oral argument. We will discuss elements of persuasive written advocacy and tactics for effective oral argument. To this end, there will be short written assignments throughout the course, which will be discussed and critiqued as a group. The course will culminate in the drafting of an appellate brief and a mock oral argument. The final appellate brief may be used to satisfy the student’s Legal Writing Requirement.

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Meets Experiential Learning Requirement

Final Paper Required

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LAW-2113 Assisted Reproductive Technology Law Mr. Bruce Hale, 2 credits day; 2 credits evening.

Grade will be based on the quality of the written paper.

The law around Assisted Reproductive Technology (ART) is often referred as the “wild West” of law. Recent advances in medical science and increased societal acceptance of different family structures challenge many aspects of existing law and provide opportunities for new law and regulation. Legislatures, judges, and practitioners regularly chart new paths in this evolving legal terrain. In this course we will examine the shifting legal and ethical framework surrounding ART which can include issues that touch on many legal disciplines such as Family Law, Property, Contracts, Torts, Constitutional Law, International Law, Health Law, Reproductive Rights and more.

Enrollment is limited: 15

Elective Course

Meets Health/Biomedical Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required

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LAW-2544 Banking Law Mr. Michael W. McCurdy, 3 credits day; 3 credits evening.

This course will survey the complex regulatory regime governing the operations of commercial banking organizations in the United States. The primary focus will be on federal regulation of banks and bank holding companies. Nevertheless there will also, of necessity, be coverage of federal regulation of other types of depository institutions and holding companies -- such as credit unions, savings associations, and savings and loan holding companies -- as well as of state regulation of depository institutions and their holding companies. Current issues relating to bank mergers, diversification of banking organizations into other forms of financial and commercial activities, regulatory responses to troubled banks (including federal enforcement authority), and regulation of foreign bank activities will be covered. Faculty comments : This introductory course in banking law is focused on state and federal regulation of banks and bank holding companies and the changing landscape of financial regulation generally as a result of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act. Each student will be evaluated based upon the final exam (100%). Regular attendance in class, active interest and participation in class discussions and exercises, and preparation for class are required of each student. The instructor tries to also make use of group exercises to help problem solve and analyze various issues.

Elective Course

Meets Base Menu Requirement

Meets Financial Services Concentration Requirements

Final Exam Required

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LAW-2545 Bankruptcy Introduction Prof. Carter G. Bishop, 3 credits day; 3 credits evening.

This course studies bankruptcy relief for individual and business debtors under chapter 7 (liquidation) and chapters 11 (reorganization) and 13 (rehabilitation). Topics covered include pre-bankruptcy planning, the means test, eligibility, property of the estate, the automatic stay, exemptions, lien avoidance, non-dischargeable debts including domestic support and other marital obligations, jurisdiction issues, reaffirmation and redemption rights, the trustees avoiding powers, avoidance actions (preferences and fraudulent transfers), chapter 11 and 13 plans, and the bankruptcy discharge. Students should take this course if they plan to practice in a small firm, represent consumers and small business owners, or apply for a bankruptcy court clerkship.

Prerequisite: Suggested Commercial Law Survey or Secured Transactions

Elective Course

Meets Financial Services Concentration Requirements

Final Exam Required

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LAW-2200 Basic Federal Income Taxation Prof. Meredith Conway, Prof. William T. Corbett, 4 credits day; 4 credits evening.

This course is an introduction to the federal income tax system. Topics include items of inclusion and exclusion from gross income, deductions from gross income, capital gains and losses, basic tax accounting, and the identification of income to the appropriate taxpayer. The course will give consideration to the private attorney's role in administering the tax law and in advising clients on the interaction of the tax law with their businesses, investments, and personal activities.

Elective Course

Meets Base Menu Requirement

Meets Financial Services Concentration Requirements

Meets Labor and Employment Law Concentration Requirements

Final Exam Required

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LAW-2057 Biomedical Law and Public Policy Prof. Marc A. Rodwin, 2 credits day; 2 credits evening.

This course explores legal and ethical issues in medicine and health policy. It focuses on tensions between individual rights and the welfare of groups and populations, the conflicts of interest of key actors, and competing values. Topics include: informed consent, the right to refuse treatment, assisted death, regulation of research on human subjects, rationing/ allocation of medical care and human organs, confidentiality and public health surveillance, genetic screening, the relation between public health and medical care, social determinants of health, personal and social responsibility for health, prevention and health promotion. Students will be graded on two take-home written assignments, each of which count for ½ of the written grade. Student will also receive a participation grade that can increase or decrease the final grade by ½ letter grade.

Enrollment is limited: 20

Elective Course

Meets Health/Biomedical Concentration Requirements

Meets Intellectual Property Concentration Requirements

Final Paper Required

LLM Course

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LAW-2604 Biotech Patent Law Mr. N. Scott Pierce, 2 credits day; 2 credits evening.

Grading will be based upon weekly written assignments and class participation. Not offered 2015-2016.

This seminar will explore the application of Patent Law to Biotechnology, one of the most exciting and rapidly developing areas of Intellectual Property protection. Important case law decisions relating to Biotechnology will be studied and discussed. Topics which will be explored in regard to Biotechnology include: claim construction; conception and reduction to practice of an invention; written description, enablement and best mode requirements; obviousness, novelty, statutory; patent infringement; doctrine of equivalents and collaborative research and development.

Prerequisite: Patent Law, which may be taken concurrently, or patent law experience

Enrollment is limited: 20

Elective Course

Meets Health/Biomedical Concentration Requirements

Meets Intellectual Property Concentration Requirements

LLM Course

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LAW-2058 Biotechnology and Life Science Start Up for Lawyers and Business Professionals Ms. Heather Duffy, Prof. Scott L. Young, 3 credits day; 3 credits evening. The biotechnology field is a large industry that continues to grow. While scientists are often the ones to start biotech companies, it is the lawyers and business people that keep the companies going. This job sector is rapidly growing and understanding how a biotechnology company is born, lives and dies will give the students a unique understanding of this business. In this class students will be asked to come up with an idea for a biotechnology company and throughout the class will build a biotech company around that idea, piece by piece. Each week we will spend the majority of the time discussing general principles of the biotechnology business. Each week some time will be spent on student projects where students work with each other and with the Professor to grow their biotech companies. The final project will be a presentation and a full report on the company that they developed during the semester. Faculty comments : Grading Weekly Assignments 20% Class Presentation 30% Final Project 40% Class Discussion 10% Weekly Assignments The weekly assignments are the building blocks of the final project. They are designed to have students take what was discussed in class that day and apply them to the building of their own “biotech company”. The weekly assignments will begin with the students generating a “great idea” based on the criteria for great ideas that is presented in class. They will spend the entire semester building a “company” around this idea, piece by piece. Class Presentation This presentation will be given the last day of class. Each student will give a power point presentation on the idea, research design, IP development, investment strategy, business model and business plan, regulatory and FDA requirements, clinical trial process, IPO plans and final disposition of the company (exit strategy). In essence this is the integration of the weekly assignments and makes the basis for the final project. Final Project For this project the students will take all of the weekly projects that they did during the semester and expand on each section to develop a final report on their “company”. This will include everything from the idea generation through development, incorporation, investment and to the final exit strategy. Class Discussions this course is designed to be interactive with student ideas being vetted and worked on through discussions with their peers in class and with the Professors. Time will be set aside each class period to discuss projects and help students past hurdles in the development of their companies.

Elective Course

Meets Intellectual Property Concentration Requirements

Final Project Required

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LAW-2985 Boston: Urban Law and Policy Prof. John Infranca, 3 credits day; 3 credits evening.

This three-credit course will use Boston as a case study for examining legal, political, social, and economic issues in modern American cities. The course will consider issues including the division of powers between the state and the city, local government structure, land use and housing policy, economic development, municipal finance, sustainability, regionalism, residential segregation, and education policy. The ambition of the course is both to build a deeper understanding of unique characteristics of Boston and to glean larger lessons for local governments in urban areas. In addition to legal materials in these areas, assignments will include readings from urban planning, history, and policy literature. The course will be useful to students interested in working in local government, real estate and land use law, and a range of public policy areas. The course will be taught using a mixture of lecture, question and answer, and class discussion. Each student will complete a final paper examining a specific legal or policy issue related to the course topics. Students will also have a few shorter assignments during the semester. Class participation will also factor into each student’s grade.

Enrollment is limited: 24

Elective Course

Final Paper Required

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LAW-2945 Business of Practice: Hit the Ground Running Mr. Andrew Garcia, 2 credits day; 2 credits evening.

Students using this course to fulfill the experiential learning requirement may not also use this same course to meet the legal writing requirement.

For decades lawyers at local courthouses have sat around complaining to each other about topics such as: How do I get more clients? What do I do with this problem secretary? How do I make more money? The common refrain has always been, “why didn’t they teach me that in law school?” In this course, Suffolk intends to solve that problem. The practice of law is a noble profession and a necessary component of any advanced society. But, in the modern world, a law firm must be viewed as a business like any other business. So, it should take in more than it spends, reward its principals for their risks and investment, attract more of the “right” clients to help it grow, and provide high quality and valuable services. This practical course covers the development and management of a small law business in today’s ever-changing economy and is taught by a small law business owner who has lived through the ups and downs (and the major mistakes) of almost 20 years of running a law business. The course will consist of lectures, including various guest speakers, text and relevant practice management article assignments and various weekly projects that, taken as a whole, will constitute a comprehensive plan for starting a law practice. WARNING: the course is centered around projects performed by “class law firms” (i.e., group projects) consisting of 2 – 4 students. If you do not enjoy working in a group setting, then this course may not be for you. Ultimately successful students will leave the course with a “law business in a box” consisting of a business plan, an ethical marketing plan and some innovative ideas that will allow them to “hit the ground running” when they are ready to hang up their shingle.

Elective Course

Meets Skills Menu Requirement

Meets Legal Technology and Innovation Concentration Requirements

Meets Experiential Learning Requirement

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LAW-2555 Business Planning: Formation and Financing of Start-Up Businesses Mr. Karl-Otto Hartmann, 2 credits day; 2 credits evening.

Students using this course to fulfill the experiential learning requirement may not also use this same course to meet the legal writing requirement.

Boston is a dynamic innovation center for the U.S. and world. Every day new businesses are being created and financed. At the heart of a corporate and securities lawyer’s practice is the provision of advice and guidance to businesses and their owners. Such advice is transactional in nature, distinct from litigation counsel. Successful attorneys develop the skills necessary to understand business objectives, offer intelligent solutions and effectively communicate and work with business executives. The Business Planning class is designed to help students develop such critical planning and counseling skills. The course provides a general survey of the basic factors to be considered in the organization, financing, operation, and liquidation of the non-public business venture. The material covered is multi-disciplinary in scope, including choice of entity, taxation, intellectual property, venture capital, and securities regulation. Prior completion of the following courses is highly recommended: LLCs and Partnerships, Corporations and/or Securities Regulation. The course will have a skills focus. Most students will be assigned (and graded based on) a variety of business lawyer practice-oriented assignments such as the reviewing or drafting of various documents (business plans, term sheets, LLC operating agreements, founding shareholder agreements, etc.). In addition, third year day students, who need to fulfill the legal writing requirement, can elect to be graded on the basis of a paper (relevant course-related topic to be selected by student) in lieu of the practical written assignments. Students will be asked to select the paper or written assignments option during the first two weeks of class: up to five students will be allowed to exercise this option.

Prerequisite: Prior completion of the following courses is highly recommended: LLCs and Partnerships, Corporations and/or Securities Regulation.

Enrollment is limited: 16

Elective Course

Meets Skills Menu Requirement

Meets Financial Services Concentration Requirements

Meets Legal Technology and Innovation Concentration Requirements

May Fulfill Legal Writing Requirement

Meets Experiential Learning Requirement

Final Exam or Paper Required

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LAW-2063 Child Custody and Visitation Law Hon. Edward M. Ginsburg (Ret.), Mr. Paul Kane, 2 credits day; 2 credits evening.

This course has been specifically designed to consider questions relating to custodial and parenting issues within and without the family. Within this context, the course will review the constitutional issues affecting and defining family. The concerns addressed include custodial designations in divorce and paternity cases, including parenting plans and the legal standards applicable to each; the effect of domestic violence, ethnicity, religion, psychological factors and cultural differences in determining custodial designations as well as effective parenting plans. The course will also address the standards for and substantive and procedural issues surrounding the removal of children from the jurisdiction; permanent removal of children from parents, "de facto" parents, grandparent's rights and post judgment custodial modifications. The course will consider the role of children within the process and how and under what circumstances their voices should be heard. Dispute resolution options such as the role of the court probation officers, guardians and item, and attorneys for children are explored. Students write a paper and may submit the paper for the writing requirement.

Faculty comments : Co-taught by Ginsburg and Kane

Enrollment is limited: 20

Elective Course

May Fulfill Legal Writing Requirement

Final Paper Required

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LAW-2557 Children and Disability Law Mr. Daniel Ahearn, 3 credits day; 3 credits evening.

This is a survey course addressing issues under federal disability statutes and case law and their impact on children. Specific issues include special education, mental health, guardianship, medical competency, commitment, treatment, suspension and expulsion, and access to programs.

Elective Course

Meets Health/Biomedical Concentration Requirements

Final Exam Required

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LAW-2071 Children and the Law Hon. Stephen Limon, 2 credits day; 2 credits evening.

The theme of this course is the role of law in the division of power among the child, the parents, and the state. Selected topics include: the extent of parental rights to rear children without state intervention, First Amendment rights of children, rights of children in school, children's economic relationship with the family, child abuse and neglect, child custody, state-enforced limitations on the liberty of children, delinquency, and status offenses. Taught as a seminar, the course requires a final paper.

Enrollment is limited: 20

Elective Course

Final Paper Required

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LAW-104 Civil Procedure Prof. Steven M. Eisenstat, Prof. Joseph W. Glannon, Prof. Linda Sandstrom Simard, 4 credits day; 4 credits evening. Litigation of the modern unitary civil action. Jurisdiction of state and federal courts; law applied in federal courts; pleading, pretrial motions, and discovery; trial by jury and evidentiary law; the binding effects of adjudications. Civil Procedure is offered as a one-semester course in the day division; offered as Civil Procedure I (2 credits) in the fall and Civil Procedure II (2 credits) in the spring semester for evening students.

Required Course

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