Initial Course Assignments & New Course Descriptions: Fall 1999
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ABBOTT/ BROWN, NEW TECHNOLOGIES SEMINAR
ALLARD & BERRESFORD, SEMINAR: ADVANCED COMMUNICATIONS AND INFORMATION TECHNOLOGY LAW
ANTHONY, FEDERAL COURTS (Day and Evening)
Coursebook: Redish & Sherry, Federal Courts -- Cases, Comments and Questions (4th edition 1998)
You will also need a student edition federal code and rules compilation that includes the Judicial Code (28 U.S.C.) and the Federal Rules of Civil Procedure. Either the West 1999-2000 Educational Edition or the Foundation Press 1999 Students' Edition will suffice.
For Monday, August 23: Casebook 658-679
PLEASE NOTE: Although this is the first day of classes, I expect students to be fully prepared on August 23 for a normal full discussion of the materials assigned for this class.
For Wednesday, August 25: Casebook 679-705
For Monday, August 30: Casebook 705-726, 273-274
For Wednesday, September 1: Casebook 727-751
BERKOWITZ, ADVANCED CONSTITUTIONAL LAW
Short selections dealing with the fundamental premise of liberalism, the natural freedom and equality of all, will be distributed in class and discussed. Passages will be taken from Hobbes, Leviathan, Chaps. 13 - 14; Locke, Second Treatise, Chaps. 1- 4; the Declaration of Independence; Kant, Groundwork of the Metaphysic of Morals; Mill, On Liberty, Chaps. 1 and 2; and Marx, Economic and Philosophic Manuscripts of 1844.
BERNSTEIN, ENVIRONMENTAL REGULATION I
Fall 1999 (Prof. Bernstein)
Page blocks in Plater, Abrams, and Goldfarb,
Environmental Law and Policy: Nature, Law and Society [NLS], (2d
ed.1998)
PM=Photocopied materials to be purchased on the Copy CenterStudents should register with *TWEN* at http://lawschool.westlaw.com.
Class 1: An introduction to environmental concerns; The ecological
perspective and its critics.
NLS 3-13
Reitze, It is Time for a New Beginning
http://www-personal.umich.edu/~rabrams/np12b.htm;
Ayn Rand, *The New Left: Anti-Industrial Revolution* (pick up from
envelope outside my office)
Excerpts from Easterbrook, A Moment on Earth
http://www.theatlantic.com/unbound/prauth/easter/preface.htm
http://www.theatlantic.com/unbound/prauth/easter/manifest.htm
http://www.theatlantic.com/unbound/prauth/easter/balance.htm
Volokh, review of A Moment on Earth
http://www.reasonmag.com/9507/SASHAbk.jul.html
Class 2: Economics and the environmentNLS 16-23, 100-04
Paule Heyne: Ecology, Economics, and Ethics, chapter in *Taking the
Environment Seiously* (PM)
Adler, *Rent-Seeking Behind the Green Curtain*
http://www.cato.org/pubs/regulation/reg19n4b.html
BLANTON/FERNANDEZ, Legal Research, Writing, and Analysis I
William Blanton (Room 311, 993-8038)
Alexander Fernandez (Room 312, 993-8084)
Dean's Scholars
Required TextsAlan L. Dworsky, Users Guide to the Bluebook (Rothman, rev. 1996)
C. Edward Good, Legal Research...Without Losing Your Mind (Word Store, 1993)
Harvard Law Review, The Bluebook: Uniform System of Citation (Harvard Law Review Association, 16th ed. 1996)
Robin S. Wellford, Legal Analysis and Writing (with Workbook) (Lexis Nexis) (Note: a CD-Rom is included with these books. We will not be working with the CD-Rom.)
Reading assignment for August 27, 1999
- Read pages 9-40 in Legal Research . . . Without Losing Your Mind.
- Recommended: review your Orientation reading (pages 7-25 in Legal Analysis and Writing).
Course Notes
- A syllabus and course rules will be posted on our web page this first week of class.
- Please bring your Legal Analysis and Writing text and workbook to class.
- Your LRWA Room and Dean's Scholar assignments will be posted outside of Room 312 on Friday, August 27. Check these listings before you go to your first class.
- If you missed your Orientation LRWA classes, you should contact Professors Blanton or Fernandez.
BLANTON/FERNANDEZ, Legal Research, Writing, and Analysis III
Professors, William Blanton (Room 311, 993-8038)
Alexander Fernandez (Room 312, 993-8084)
Adjunct Professors (contact information handed out on the first day of class)
Required TextsRuggero J. Aldisert, Winning on Appeal (National Institute for Trial Advocacy, 1996).
Stephen V. Armstrong and Timothy P. Terrell, Thinking Like a Writer (1992).Reading and writing assignments for August 27, 1999
- Reading Assignment
Required reading: pages 17-26, 41-53, 113-26, and 137-45 in Winning on Appeal.
Suggested reading: pages 3-16, 103-12, 127-36 in Winning on Appeal.- Writing Assignment
Prepare a resume and cover letter to be submitted to your Adjunct Professor in class. The cover letter should explain that you are seeking legal employment (summer, part-time, or permanent) and can be written to any potential employer.
Course Notes
- A syllabus and course rules will be posted on our web page the first week of class.
- Please bring your Aldisert text to class.
- Your LRWA Room and Adjunct Professor assignments will be posted outside of Room 311 on Friday, August 27. Check these listings before you go to your first class.
- Your appellate problem for the fall semester will be available on the web page the first week of class. You should bring a copy of the appellate record to class.
BUCKLEY, CONTRACTS I
Read the David Hume and Charles Fried excerpts in the handout. You can purchase the handout at the School of Law Print Services.*
The Contracts casebook will be available in the School of Law Bookstore.**
BYRNE, ELECTRONIC CONTRACTING
Assignment for Initial Class Meeting
1. Course materials include:
- Various papers and articles which are maintained on reserve in a five volume looseleaf set of which there are three sets. These materials will be available for reference in class. Subject to copyright restrictions, they may be copied for personal use by students or checked out for use in the library.
- Selected commercial statutes. Either the West or Foundation volume is satisfactory if it is 1998 or later. Please bring a copy to each class.
- We will develop an electronic library of materials.
2. The initial class session will focus on issues addressed in the looseleaf volume labeled "EDI: Introduction" which is on reserve. You may also wish to refer to Baum & Perritt, Electronic Contracting, Publishing, and EDI Law.
3. Be prepared to discuss the following issues:
- What is "EDI" or Electronic Data Interchange? How does it differ from a legal perspective from telegraphic messages (or smoke signals)?
- What are the types of situations in which the utilization of electronic data methodology can facilitate commerce? How and why?
- What is electronic commerce?
- Is there a legally significant difference between consumer (e.g. internet) and commercial applications of EDI? What is it?
- What is an "electronic contract"? In what situations does an electronic contract occur?
- What issues are introduced into traditional bilateral contract law by electronic contracting?
- What are the other legal and practical issues which impact the use of EDI?
4. Be prepared to discuss whether a class trip to NYC is desirable and feasible. To that end, kindly bring a calendar and be prepared to identify week days when such a trip could be undertaken.
BYRNE, LETTER OF CREDIT SEMINAR
Assignment for Initial Class Tuesday 22 August 1999
1. Materials are contained in Materials on Letter of Credit Law available from the Institute of International Banking Law & Practice (www.iiblp.org or 1-301-869-9840). This collection contains texts which are not readily available elsewhere.
2. Cases to be used are listed in the Syllabus (available from the Faculty Secretary) and will be posted on West's TWEN so that many of them can be immediately accessed. The first class will address issues of scope. The cases for the first class session are:
Sources & Definitions
Kumagai-Zenecon Constr. Pte. Ltd. V. Arab Bank Plc
1997 SRL Lexis 152 (CA) (Singapore)Petra International Banking Corporation v. First American Bank
758 F. Supp. 1120 (E.D. VA 1991)Banca del Sempione v. Suriel Finance
852 F. Supp. 417 (D. MD 1994)Banco General Ruminahui, S.A. v. Citibank
97 F.3d 480 (11th Cir 1996)3. Please bring your calendars and be prepared to discuss whether it is desirable and feasible to visit with LC bankers and lawyers.
See Course Syllabus
CAMPOS, PROPERTY I
Read pp. 19-30 in Dukeminier & Krier, Property, 4th ed. This casebook will be available at the School of Law Bookstore.**
CAVANAUGH, INTERNATIONAL COMMERCIAL LAW
International Commercial Trans. (8:00 p.m. - Cavanaugh) will be held each Monday. The first class will begin August 30, 1999.
COSTELLO, VIRGINIA PRACTICE
Virginia Practice: Read Chap. 1 and 7 pages of Chap. 2 in the Outline.
Do readings assigned there.
GELLHORN, ADVANCED ADMINISTRATIVE LAW SEMINAR
See Course Syllabus
GILLESPIE, INSURANCE LAW
Casebook: INSURANCE LAW AND REGULATION, 2d ed., edited by Kenneth S. AbrahamIn the Casebook: Read pages 1-5
GILLESPIE , PROFESSIONAL RESPONSIBILITY (Day & Evening)
Casebook: THE LAW AND ETHICS OF LAWYERING, 3d ed., edited by Hazard, Koniak and Cramton
In the Casebook: Read pages 1-20; review p. 156, (elements for the tort of legal malpractice);and come to class prepared to analyze Spaulding v. Zimmerman.
GRADY, TORTS - 10:00 a.m. section
Read pp. 1-10 in Chapter 1 of Cases and Materials on Torts, by Grady & Farnsworth. This coursebook must be purchased at Print Services.*
GREEN, CIVIL PROCEDURE (full-time students only)
The first assignment is a reading that will be available for purchase at the School of Law Print Services.* This first assignment will also be available on the web approximately 10 days before classes start. The website is:
HASNAS, TORTS 3:00 p.m. and 6:00 p.m. sections
Read pp. 1-36 in Cases and Materials on Torts, by Prosser, Wade, and Schwartz. This casebook will be available in the School of Law Bookstore.*
HOFFMAN, REGULATION OF FOOD AND DRUGS
If you are planning a career in intellectual property law, you may well wish to consider taking the GMUSL course in Regulation of Food and Drugs.
The U.S. pharmaceutical and medical-device industries are among the most research-intensive and IP-dependent industries in the country, and indeed in the world. If you practice with an IP law firm you may well be asked to work on matters in these industries, and if you seek to join a corporate patent or legal staff these industries offer many job opportunities. These industries also are the most pervasively regulated industries in the world. Virtually everything a pharmaceutical or device manufacturer does, from animal studies to human clinical trials to manufacturing to marketing to advertising, is closely regulated by FDA. In addition, special rules of patent law apply to pharmaceuticals, novel medical devices, and food additives. These special rules are closely intertwined with the regulatory provisions administered by FDA. For these reasons, any lawyer seeking to represent or advise an FDA-regulated manufacturer, and any lawyer employed by an FDA-regulated manufacturer in any capacity, including not just regulatory law but also contract negotiation or patent prosecution, or even in a "non-legal" management position, should be acquainted with the regulatory milieu in which the company operates. An efficient and effective way of doing that would be to take the GMUSL course in Regulation of Food and Drugs.
Course Materials:
- Hutt & Merrill, Food and Drug Law: Cases and Materials (2nd ed. 1991) (available from Bookstore)
- FDLI, Compilation of Food and Drug Laws Supplement (1998) (available from Bookstore)
- Statutes Supplement prepared by instructor (available from Copy Center)
- Supplemental Course Materials prepared by instructor (available from Copy Center)
IPPOLITO, LEGAL & ECONOMIC CONCEPTS I
Read pp. 61-88 and pp. 584-592 in Pindyck and Rubinfeld, Microeconomics, 4th ed., Prentice Hall, 1998. This textbook will be available at the School of Law bookstore.**
KAMENAR , PUBLIC INTEREST LITIGATION I
KOBAYASHI
See web page: http://mason.gmu.edu/~bkobayas/
KRAUSS, TORTS
See web page: http://classweb.gmu.edu/classweb/mkrauss/
Be sure to register for TWEN before the first class at http://lawschool.westlaw.com
LANDAU, THE LAW OF BRANDING: TRADEMARKS, TRADE DRESS & UNFAIR COMPETITION
LASH, CORPORATE ACQUISITIONS AND MERGERS
For the first class, please read pgs 230-280, Hamilton, Corporation Finance.
LASH, INTERNATIONAL ENVIRONMENTAL LAW SEMINAR
For the first class, please read pgs 1-35, D'Amato and Engel, International Environmental Law Anthology.
LUND, DISCRIMINATION IN EMPLOYMENT
There is no assignment for the first class (Monday, August 23, 1999).
For Wednesday, August 25, 1999, read Payne v. Western & Atl. R.R., 81 Tenn. 507 (1884). (The text of this opinion does not appear to be available on Westlaw or Lexis. Copies have been placed on reserve in the Library.)
There is no casebook for this course. Materials will either be accessible through The West Education Network (TWEN) or on reserve in the Library.
MCNAMERA, INTERNET AND ON-LINE LAW
See web page : http://www.foleylardner.com/PG/IP_SOFT/Course_Outline.html
O'HARA, CONFLICT OF LAWS
First Assignment: Please read pages 1-22 of the assigned textbook (Lea Brilmayer, CONFLICT of LAWS, 4th ed.)
O'NEILL, CRIMINAL PROCEDURE
August 24: 1-30 (Saltzburg)
August 26: 31-68 (Saltzburg)
PARKER, EVIDENCE
INITIAL ASSIGNMENTS
Course Materials. The only required material is the Waltz and Park casebook entitled Evidence (9th ed. 1995). The bookstore also has two optional items: (1) a pamphlet entitled West Group's Federal Rules of Evidence 1999-2000 Edition; and (2) the Mueller & Kirkpatrick hornbook on Evidence (Aspen: 2d ed. 1999). Neither is required, but the rules pamphlet is strongly recommended, because it reprints the texts of both the Federal Rules of Evidence and the California Evidence Code. While the Federal Rules and California Code also are reprinted in the back of the casebook (Appendices A-D), students will find that it is much more useful to have a separately bound copy of the rules and code to study alongside the casebook readings.
Class Meetings. This is a three-hour course that will meet twice weekly, on Tuesdays and Thursdays for both day and evening sections, in one session without a break. (See the posted schedule for exact meeting times and rooms.) Given the importance of oral advocacy in Evidence, student participation in class discussions will be stressed and is likely to affect your grade. A seating chart will be distributed at the first class meeting, so choose a location where you would like to stay for the remainder of the semester. The seating chart will be relied upon in determining your presence for purposes of class discussion.
Initial Reading Assignments and Syllabus. In preparation for our first meeting on Tuesday, August 24, read of Chapter 1 of the Casebook ("Making the Record") (pages 1-62), together with a review of the text of the Federal Rules of Evidence (Casebook Appendix A, or the rules pamphlet), which will be our primary model of evidence law throughout the semester, with the California Code (Casebook Appendix D) used as a secondary example of codified evidence rules. Familiarize yourself with the structure and content of the Federal Rules, and think about the functions of the advocate within the trial process.
At our second class meeting on August 26, we will begin a unit on relevance, consisting of Chapter 2 (Casebook pages 63-87) and Chapter 4.A (Casebook pages 361-75). Thereafter, we will continue with a unit on hearsay, covering all of Chapter 3 in the casebook, and then return to complete Chapter 4. A full syllabus giving reading assignments for the remainder of the semester will be distributed during the first week of classes.
Please note that the Chapter 2 materials include a series of short hypotheticals (Casebook pages 86-87) that you should analyze and be prepared to argue in class (on both sides of the issue). The use of the Casebook's hypotheticals as a focus for oral advocacy in class will continue throughout the semester.
RIBSTEIN, BUSINESS ORGANIZATIONS
See web page: http://mason.gmu.edu/~lribstei/index.htm
The materials in this course are Ribstein & Letsou, Business Associations, 3d ed (1996), the Document Supplement and the 1999 Supplement, all published by Matthew Bender. Assignments include the pages from the supplement that relate to the casebook assignment (only longer supplement assignments are noted below), as well as all relevant statutory and other material from the documents supplement.
The course grade is based primarily on the final exam, subject to possible downward revision for class preparation. All students must attend at least 80% of the classes in order to receive a grade in the course. My office hours are Tuesday and Thursday, 4:00-5:45 and otherwise by appointment. To reach me, call 993-8041 and leave a message or email me at lribstei@osf1.gmu.edu.
I will post all notices concerning the class, including the Syllabus as revised from time to time and supplementary materials, on my web page, http://mason.gmu.edu/~lribstei/index.htm as well as on TWEN (www.lawschool.westlaw.com). TWEN will also include discussion groups. You should register for this class on TWEN to receive email notices.
First Week Casebook Assignments
August 24: 1-20
August 26: Appendix 1
SMITH, GOVERNMENT CONTRACTS
STEARNS, CONSTITUTIONAL LAW (Day & Evening)
The book is Gunther and Sullivan, Constitutional Law (13th edition) and the 1999 supplement. The reading assignment for Monday, August 23, is pp.1-29 and Appendix A (A1-A15) (the Constitution). The Supplement will probably not become available until around the beginning of next week, August 23.
Be sure to register for Professor Stearns' class on TWEN at www.lawschool.westlaw.com.
TORREY/STAVIS, MENTAL ILLNESS AND THE LAW
This course will examine the significant developments of mental health law over the last half-century. In what has been called the largest government-sponsored social movement in history, persons with severe mentally illness have be subjected to "deinstitutionalization" and "transinstitutionalization," i.e., moving out of treatment in psychiatric hospitals and into community treatment, or increasingly, into the country jails and prisons.
The course will study the activism of the judiciary in prescribing extensive due process procedures for certain psychiatric treatments as well as many statutory developments establishing rights of persons with mental illness. Some of the issues that will be covered include: civil commitment, rights to treatment and to refuse treatment, competency to stand trial, the insanity defense, psychiatric malpractice, governmental mental health bureaucracy, comparing the "medical model" against the "legal model" of psychiatric treatment, alternative dispute resolution methods to address some issues and the role of police, the role of hospitals and government in caring for persons with mental illness in the community and many others.
Three features of particular note in this course are:
- there will be a unique emphasis on the science of mental illness including current biological knowledge and behavior of persons with mental illness;
- there will be activities and student participation such as a moot court demonstration of a civil commitment hearing, a trip to a treatment program and a number of guest lecturers;
- this course is highly recommended as preparation for any student who desires to take the Law and Psychiatry Clinic Course.
WALDEN, AVIATION LAW
WEISS, EMPLOYEE BENEFITS
First Assignment: §§ 1.1-1.5 (pps 1-15) of the Course materials, available in the copy
This course will examine the law governing employer-provided benefits to workers. Most of the course will be devoted to the regulation of private employer pension and health plans by ERISA. Topics covered will include ERISA's protections against wrongful discharge; fiduciary duties with respect to investment decisions; vesting and anti-forfeiture rules; preemption of state law; and employer disclosure obligations. We will also examine the extent to which firms can and cannot use pension funds to advance corporate purposes, and the course should therefore be of interest to students whose primary interest is corporate law as well as those focused on employment issues.
In addition, we will examine special provisions of various anti-discrimination statutes governing employee benefits. Statutes covered include Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
The course will examine the merits of each of these statutes in advancing various public policy goals such as distributional fairness and cost effective provision of insurance and benefits.
WEISS, ISSUES IN HIGH TECH EMPLOYMENT
In the first class we will review basic intellectual property doctrines used in the course. There is no required reading, but the following review materials are suggested:
UNFAIR TRADE PRACTICES & INTELLECTUAL PROPERTY (Second Edition) Roger E. Schechter; III.Copyright §§A,B; V.Patents §§A-F; VI.Trade Secrets §A.
In bookstore.
Nimmer On Copyright; Chapter 8A. The Semiconductor Chip Protection Act Of 1984, § 8A.01; § 8A.02 ; § 8A.03.
On reserve in library, photocopies will be available in third floor reception area.
Highly skilled employees raise special legal issues. If a skilled employee invents something, who has the legal right to exploit that invention? How can employers protect their interests in their own proprietary information and processes?These problems have long existed but have suddenly become of critical importance because of the growth of the high technology sector of the economy. Issues of employee invention also raise vital public policy concerns: What legal regime will best promote the innovation that drives economic growth?
This seminar will begin by examining the historical background and policy setting of employee and employer rights to intellectual property. We will then examine a series of specific issues including ownership of patents; copyright and the work for hire doctrine; employee duties of loyalty, covenants not to compete and other post-employment restraints; trade secrets; and tortious interference with contractual relations ("stealing" employees). The course has no prerequisites. Relevant intellectual property and employment doctrines will be covered, and students with a general interest in business law are encouraged to enroll.
The course requirements consist of a final writing project on a structured topic. Writing credit
ZAPHIRIOU, COMPARATIVE LAW
Comparative Law uses the comparative method to compare critically the provisions, policies and efficiency of our own legal system with those of foreign legal systems. It deals with the formation, reception, adaptation and reform of the two dominating systems of the world, the Civil Law and the Common Law, the resurgence of the Civil Law in the former communist countries, and the law of the remaining market socialist countries in the context of a global and free trade economy, presentation to and treatment by the federal and state courts of foreign law. It deals with the differences in procedure and the convergence of substantive law, with special focus on the law of agency, corporations, joint ventures, conflict of laws, the transnational resolution of disputes and the enforcement of judgments and arbitration awards. Comparative law by means of the comparative method deepens the understanding of our own legal system, points the way to its reform and enables lawyers practicing in different countries to communicate with each other.Textbook: Schlesinger, COMPARATIVE LAW, 6th ed.(1998) Foundation Press
First week: The Comparative Method pp. 3-51
September: Foreign Law in our Courts pp. 53-173
October: Procedure in Civil Law Countries pp. 375-582
November: Agency, Corporations, Conflict of Laws pp. 853-965
At a date to be announced: Guest speaker on transnational dispute resolution ( arbitration, recognition and enforcement of foreign
judgments and arbitration awards).
Review and summing up.
Open book examination on December 8 at 6 p.m.: Five or six questions with answers limited in length and with specified maximum points for each.
ZYWICKI/BOETTKE, THE LEGAL FOUNDATIONS FOR A FREE-SOCIETY
ZYWICKI, BANKRUPTCY