Course Descriptions

Unless otherwise noted within the course descriptions, courses are considered “in-class” credit and graded on an A-F scale.

Note: Not all of the courses described will be offered during any one academic year. Schedules for the various terms and accompanying notes should be consulted to select courses comporting with student interest and law school requirements.

Course Name Number Cr. Prerequisites Description
Accounting and Financial Concepts for Lawyers 169 2

This course introduces you to accounting issues that arise in the normal practice of law. An understanding of some of the fundamentals of accounting and financial statements is useful in many respects. For example, a labor lawyer representing the Union who understands the company's accounting and financial statements can do a better job than one who is ignorant about finance. A business lawyer negotiating a deal sometimes can change a few technical words and save or gain the client triple digit thousands. Lawyers also need to understand accounting concepts and their embodiment in the various documents which represent the client's income, tax position, net worth, liabilities, liquidity, and general financial position. A lawyer with solid legal expertise whose conversation with the client can range over these topics is a huge asset both for the client and for the firm.

Administrative Law 116 3

An inquiry into the powers and processes of federal administrative agencies, and the control of agency action through judicial review and other means.

Administrative Law Clinic 364 2 Administrative Law

The Administrative Law Clinic will involve students in all aspects of the administrative process, including monitoring agency activity, participating in ongoing matters, analyzing relevant legislative proposals, and writing briefs on important administrative-law issues. This course will provide students with the opportunity to work closely with supervising attorneys from Consovoy McCarthy PLLC attorneys on behalf of pro bono clients to identify subjects of interest, research administrative-law issues, and draft comments and briefs before agencies and in active litigation.

This will be a year-long, letter-graded course, with two credits awarded each semester. Students must enroll in both courses each semester. Space is limited, and students must have completed Administrative Law (or commit to taking Administrative Law concurrently) to be eligible to apply for the program.

Administrative Law: Adjudication 753 1-2

This course focuses on the adjudication of cases by federal agencies and Administrative Law Judges. Students will receive an overview of general administrative law principles before moving on to agency-specific processes, to include Medicare, Social Security, and the DEA. The course will explore how different federal agencies use their regulatory and rulemaking powers to affect preferred public policy. Students will evaluate administrative records to prepare a legally defensible decision and understand how that decision will be evaluated for legal sufficiency.

Administrative State and its Critics 734 2 Administrative Law

Students will become familiar with both classic and modern arguments for an administrative state of permanent government employees who are largely insulated from political control. Students will become familiar with arguments based on economics against central planning by the administrative state. Students will be exposed to the main legal and constitutional arguments against the administrative state, reaching their own conclusions about the pluses and minuses of the administrative state.

Administrative State and the Courts 152 2 Administrative Law

This seminar assesses the reconsideration of the Administrative State by the judiciary. The course will begin with a brief review of the intellectual foundations and aspirations for the Administrative State thru the works of its creators Woodrow Wilson and James Landis. We turn next as background to a few of the key 20th century cases defining the current regime of agency independence and deferential judicial review. We then consider critiques of the current regime including those by Philip Hamburger and Philip K. Howard. The second half of the course analyzes recent and pending cases in the Supreme Court and the lower federal courts reassessing and limiting the powers of the administrative state. Our study includes guest lectures by participants, as well as reading briefs, oral arguments and opinions. A prior course in administrative law is helpful but not required.

Advanced Civil Procedure 163 2 Civil Procedure

This is a casebook course in advanced federal civil procedure. Topics considered include pleading, intervention, joinder, a brief introduction to class actions, discovery, multi-district litigation, minimal diversity, abstention, coordinating jurisdiction between state and federal courts and related topics in complex federal civil litigation. Particular emphasis is given to case management, electronic discovery, settlement, and issues of legal ethics arising in complex civil litigation. Recommended for upper level students who wish to continue their study of procedure or who want a refresher in civil procedure before entering practice or clerking.

Advanced Constitutional Law: Freedom of Religion 234 2

This class examines the original meaning of the Free Exercise and Establishment Clauses as well as contemporary constitutional jurisprudence and conflicting schools of interpretation.

Advanced Constitutional Law: Freedom of Religion Seminar 442 2

This class examines the original meaning of the Free Exercise and Establishment Clauses as well as contemporary constitutional jurisprudence and conflicting schools of interpretation. This course is identical to Law 234 with the exception that it is conducted as a seminar and will require a seminar paper.

Advanced Criminal Procedure 207 2 Criminal Procedure: Investigation

This course closely examines significant, complex and emerging constitutional issues in the investigation, prosecution and defense of criminal cases. The course is also structured to give students practical experience in the litigation of Fourth, Fifth and Sixth Amendment suppression motions. The course is broken into eight categories: (1) The impact of new technologies and novel investigative techniques on Fourth, Fifth and Sixth Amendment case law; (2) Due Process and pandemics; (3) Criminal discovery and Brady issues in the age of terabytes; (4) The opioid crisis and its effect on charging and sentencing decisions; (5) The most difficult and challenging ethical issues confronting prosecutors and public defenders; (6) The past decade of Supreme Court criminal procedure jurisprudence; (7) Recent trends in the administration of criminal justice; and (8) Litigation of Fourth, Fifth and Sixth Amendment suppression motions. The course will be taught through a combination of lectures, assigned readings, and class discussions. Each student will also be responsible for preparing and submitting a Defendant’s Motion to Suppress and a Government’s Opposition to Defendant’s Motion to Suppress, as well as a final paper on an approved criminal procedure topic.

Advanced Federal Courts 276 3

This class explores the federal judiciary’s place within our system of separated powers. It starts with the Constitution, Federalist 78, Marbury v. Madison, and Lincoln’s First Inaugural. At times we will look at specific legal doctrines, including stare decisis, standing, qualified immunity, nationwide injunctions, political questions, and severability. At other times, we’ll look at more general legal topics like departmentalism, court packing, and the Supreme Court’s emergency docket. The common theme will be the limits of federal courts: What should federal judges have the power to do, what should they not be allowed to do, and why? The course assumes no previous knowledge of the topics, and the standard Federal Courts course is not a prerequisite.

Advanced Legal Research 118 2

This class aims to develop students’ knowledge of research resources and hone research methods in topics both familiar and previously unknown. We will take an in-depth look at areas introduced in LRWA I and II, and explore topical subjects such as foreign & international law, intellectual property, administrative law, and historical sources. Ultimately, the class goal is for students to become nimble and critical judges of the tools and information they use.

Advanced Legal Research Writing Seminar 500 2-3
Limited to Writing Fellows in LRWA Program.
Advanced Public Interest Litigation 299 2

This course will provide a deep dive into the procedures and tactics of public interest litigation through the lens of a particular issue or subject matter, such as free speech, property rights, occupational licensing, or administrative law.

Advanced Trial Advocacy 331 2 Evidence , Trial Advocacy
(Trial Advocacy for Competitors may be substituted for the Trial Advocacy prerequisite.)

Continuation of skills of trial and courtroom argument with emphasis on individual technique and jury persuasion. In-depth analysis of criminal and civil cases of complex nature. The course is graded "CR". Evidence and Trial Advocacy or Evidence and Trial Advocacy for Competitors are prerequisites.

Alternative Dispute Resolution 348 2

Examines the various modes of resolving civil disputes and focuses on alternatives to litigation, including attorney negotiation, mediation, and arbitration. Concentrates on the structure of alternative methods of dispute resolution and implicated legal skills. The ethical considerations for a new model of attorney practice are also considered.

American Legal History Seminar 667 2

This seminar will explore the development of American law and legal thought from the founding of the United States through the Warren Court. Topics include the Revolution and the creation of the Constitution, the law of slavery and race, the Civil War and Reconstruction, Immigration and Industrialization, the New Deal, World War II and the Civil Rights movement. We will consider the way changes in American social and political life helped drive legal change, and also how changes in legal doctrine and legal thought helped shape American history. The seminar will rely on primary sources and secondary materials that help highlight different historical interpretations and schools of thought. Students will write a seminar paper, and the course will rely on extensive class discussion. 

American Legal History Survey 379 1-3

This is a profession-specific civics course for aspiring lawyers. It is about the evolution of American law and legal institutions from colonial times to the end of the 19th century. By the end of the course you should have anecdotal knowledge of, and a comprehensive appreciation for, the development of courts and their relations with legislatures, executives, interest groups, and the general public; of legislation, regulation, and doctrine; of legal education; and of the organized bar — up to about the year 1900.This course is not an introduction to modern American law or government; rather, students are expected to have an understanding of those subjects sufficiently deep and current to enable them to understand analogical and passing references to modern topics.

Animal Law 177 2
An exploration and discussion of the treatment of captive and wild animals under state, federal, and international law. The course will address the historical status of animals in the law; legislative efforts and citizen initiatives to strengthen animal protection laws; the application of federal laws concerning captive animals, wildlife, and farm animals; the role of international conventions concerning trade in animals and animal products, free trade, and comparative animal protection laws; the limitations on state laws addressing anti-cruelty, hunting, trapping, and animal fighting; the emerging areas of veterinary malpractice and other animal-related torts; the use of consumer protection statutes to address animal welfare concerns; the effect of free speech, religious expression, and other Constitutional principles on animals protection statutes; legal constraints on animal advocacy such as libel and defamation, invasion of privacy, and the Animal Enterprise Terrorism Act; and the movement to obtain legal recognition of the rights of animals.
Animal Law Seminar 637 2
This course is identical to Law 177 with the exception that it is conducted as a seminar and will require a seminar paper.
Antitrust Economics 237 2 Economics for Lawyers

The goal is to understand the role of economists and economics in competition policy and enforcement, the economic theory applicable to antitrust issues, and to apply economic theory to the facts of real antitrust and merger cases. Each week we will study and discuss at least one major case. We will also read relevant economic literature. We will cover the following subjects including introduction to antitrust economics, estimation of cartel damages, economics of cartels, abuse of dominance: rebates, monopolies: market power and loss estimation, market definition, joint venture economics, vertical restraints, free-riding, and intellectual property. Economics for Lawyers (formerly Economic Foundations of Legal Studies) (Law 108) is a prerequisite for JD students. LLM students must have completed, or be taking Economic Foundations for LLM Students (Law 114) contemporaneously, in order to register for this course.

Antitrust I: Principles 156 3

Antitrust I: Principles (formerly "Antitrust") examines judicial doctrines, enforcement guidelines, and policies relating to competition as a means of ordering private economic behavior. Specific topics include agreements involving competitors, dominant firm behavior, joint ventures, mergers, distribution, practices, and international competition policy.

Antitrust II: Applications 162 3 Antitrust I: Principles

This course examines advanced topics in antitrust law. Specific topics include vertical restraints, innovation markets, exemptions and immunities, the territorial scope of U.S. antitrust law,and remedies. We will examine Supreme Court doctrine, influential modern lower court decisions, and government enforcement guidelines. Economic concepts and thinking characteristic of modern antitrust analysis are integrated throughout the course. No background in economics is necessary or assumed.



Antitrust III: Advanced Antitrust Seminar 640 2 Antitrust I: Principles

This seminar has three components: (1) Readings and discussion of materials on current issues in antitrust in high tech markets and in relation to intellectual property. Readings will include court decisions, pleadings in pending cases, and secondary materials; (2) Guest speakers with diverse careers in antitrust; and (3) Your completion of a seminar paper on an approved topic, a draft of which you will present in class. Grades will depend upon the paper and your contribution to classroom discussion. Antitrust I: Principles is a prerequisite for this course.

Antitrust IV: Mergers & Acquisitions Seminar 668 2 Antitrust I: Principles

The goal of the seminar is to help you learn to identify critical antitrust issues related to mergers and acquisitions. We will discuss substantive and procedural issues that have arisen in recent merger cases, as well as recent agency policy developments. Our discussions will be supplemented by visits from guest experts throughout the semester. This seminar is intended to help you (1) understand the process and substance of contemporary antitrust merger law, policy, and enforcement; (2) identify important issues that may arise during an agency merger investigation and enforcement action; (3) understand the factors that influence an agency’s decision to challenge a merger, and (4) understand key issues that bear on a court’s determination of the legality of a merger. The seminar is intended to help prepare you for practice with an agency, law firm, or in-house legal team. Antitrust I: Principles is a prerequisite for this course.

Appellate Advocacy 159 2 LRWA III - Appellate Writing

This course focuses on brief writing and oral advocacy for students participating in extramural moot court competitions. Rules of the Supreme Court, which govern most moot court contests, receive special emphasis. All class participants must be registered for an extramural competition during the semester in which they take the course, must receive permission of the instructor, and must have taken LRWA III - Appellate Writing as a prerequisite. As of Fall 2010, students receive two (2) total credits for this class. One (1) credit is "in-class" and one (1) credit is "out-of-class."

Appellate Courts: Operation and Reform Seminar 665 2

This course will examine the practices and powers of American appellate courts, with a particular emphasis on the federal courts of appeals.  Discussion will focus on the goals of these institutions and the extent to which individual components of the appellate decision-making process—including oral argument and opinion-writing—further those goals.  The class will then consider, in the mode of the Biden Commission, proposals to reform various American appellate courts—from increasing the number of jurists on the bench to limiting the courts’ jurisdiction (and many more in between).  Over the course of the semester, the goal is to have students evaluate what they think are the fundamental objectives of appellate review and whether the current structure of the courts allows them to meet those goals. 

Arts & Entertainment Advocacy Clinic 224 2 Copyright Law, Entertainment Law, Intellectual Property Law
(unless waived)

Students in the Arts & Entertainment Advocacy Clinic represent artists and small businesses in the arts in copyright and related areas of law. Past projects have included filing amicus briefs in groundbreaking copyright litigation in federal circuit courts and the Supreme Court, representing arts clients in agency proceedings including testifying in administrative hearings and roundtables, counseling clients launching various arts-oriented businesses, counseling a documentary filmmaker on aspects of her production work and interacting with foreign government representatives on IP treaties. Clinic class sessions will include significant opportunities to meet with and learn from industry and law firm leaders, and students will be mentored in their client work by practitioners in the Washington, D.C. area. Students also participate in artist counseling sessions organized in partnership with entities such as the Washington Area Lawyers for the Arts. This clinic is a graded course offered in the fall and spring, and students may receive 2 credits total each semester (1 in class credits and 1 out of class credit). Registration is open only to students who have taken Copyright Law, Intellectual Property Law, or Entertainment Law or are taking one of these courses contemporaneously with the Clinic, or obtain a waiver from the instructor. 

Asset Management Law 275 2-3

The course examines the evolving U.S. regulation of the asset management sector which holds and manages approximately four times the amount of investor funds that U.S. banks manage. The course will address the post-Dodd Frank structure, operation, economics and regulation of mutual funds (including money market funds), private equity and hedge funds, and separately managed accounts, as well as the regulation of investment advisors, which takes place under the Investment Advisers Act (1940), the Investment Company Act (1940), ERISA (1975), the Pension Protection Act (2006), the Securities Act (1933), the Securities Exchange Act (1934), and various other sources of law.

Automated Vehicles Law 247 2

This class considers the laws regarding unmanned aircraft systems (drones) and driverless (or self-driving) cars. The class will address certification, regulation, and enforcement authority, the allocation of responsibilities among Federal, State, and local governments, and current tort law. It will also consider how Congress and the States might change these laws and whether tort law might be adapted in light of the highly automated nature of these technologies.

Aviation Law 151 2-3

This is a survey course of aviation law, covering both U.S. and international domestic law and regulation. Students will receive an introduction into all major aspects of aviation law, with special emphasis placed on Government regulation of aircraft, air carriers, airmen, and airports. Students will gain a basic understanding of the structure and forms of federal and international aviation law and regulation. The course will expose students to administrative law, constitutional law, international law, federal jurisdiction, and to a lesser extent antitrust law and environmental law. Materials consist of cases, statutes, treaties, regulations, and policy statements.

Bankruptcy 167 3

Studies legal, economic, and social issues in bankruptcy through a survey of the Bankruptcy Code and the previous Bankruptcy Act. Considers bankruptcy liquidation and reorganization, as well as the role of the courts and trustees in the bankruptcy process.

Bankruptcy Externship 270 1 Bankruptcy

Members of the Bankruptcy Bar in Northern Virginia run a free Bankruptcy Assistance Clinic to help individual consumers with questions or problems related to bankruptcy, including how to prepare voluntary bankruptcy petitions and other papers that must be filed to initiate a bankruptcy case.  These will be individual consumers who cannot otherwise afford to engage and pay for an attorney to help them prepare the necessary papers. Students are invited to participate in the court clinic through a one-credit externship program. Students will conduct initial interviews of the individual consumers in order to identify for the attorneys the help the individuals need. This is an opportunity for students to have direct client contact and counseling along with experienced bankruptcy lawyers. The course will meet at the U.S. Bankruptcy Court, 200 South Washington Street, Alexandria, VA 22314 on the 2nd and 4th Friday of each month. Students must have previously taken a course in Bankruptcy Law or must receive permission of the instructor to participate. Special permission will be granted to students who have not taken Bankruptcy Law but have clerked for or otherwise worked for a bankruptcy lawyer or a bankruptcy judge. Students completing the course will receive one out-of-class credit and the course will be graded “CR/NC.”

Bankruptcy Reorganization Seminar 454 2 Bankruptcy

This Seminar will cover the procedures, the strategies and the dynamics of corporate reorganization under Chapter 11 of the U.S. Bankruptcy Code. Among other topics, the Seminar will examine management of the debtor's business, financing the debtor while in bankruptcy, what goes into a plan of reorganization and confirmation of the plan. The Seminar will use as a case study a current or recent corporate chapter 11 reorganization case including student access to the Court's electronic docket. Bankruptcy is a prerequisite for this course.

Biotech Patent Law Seminar 660 2 Patent Law I, Patent Law

The focus of this seminar is the analysis of six case studies, based on practical situations confronting leaders in today’s biotech industry. We will analyze how the presence or absence of enforceable patents may inform commercial decisions. The case studies will be described in handouts at the beginning of the Seminar. They will relate to the commercialization of 1) a vaccine for COVID-19, 2) a purified natural antibiotic, 3) a personalized medicine protocol, 4) a therapeutic antibody, 5) a transgenic seed, and 6) a research tool. These case studies will lead to an analysis of the relevant law in biotechnology patents, and to an application of the law to decision-making in each situation. The idea is to use the most recent case law to analyze the interplay between the strength and enforceability of patents and the probable commercial outcomes of having (or not) patent exclusivity. Each case study will span approximately two classes. Pre-requisites for the course are Patent I (Law 284) or Patent Law (Law 338).

Business Associations 172 4

Provides a detailed introduction to the law and economics of agency, partnerships, limited partnerships, and corporation law. The second half of the course focuses on publicly traded corporations.

Business Bootcamp 083 1-2

Most lawyers will interact with business concepts in their careers, even if they do not specialize in corporate law or transactional work. This class is designed to teach law students the basics of finance, accounting, and business in an abbreviated format. The course is not designed to go in depth into all topics, but will move quickly over a variety of different business concepts and terminology. In addition to gaining some institutional knowledge, students will hear from industry experts, both lawyers and business professionals. By the end of the course, students should feel more comfortable talking about and working on cases or deals with corporate/business clients. This course is graded “CR/NC.”

Child Welfare Law 335 2

This course will provide an in depth examination of the child welfare system in Virginia. The focus will be on the legal frameworks and contemporary issues in child welfare. Students will gain practical skills in working with child welfare agencies, children and families in need. We will explore the juvenile justice system in Virginia and its impact on child welfare. We will also have guest speakers from the child welfare/juvenile justice system who will present real world perspectives on the issues unique to children and family services in Virginia.

Civil Procedure 112 4
This basic course is for the study of the legal process, with emphasis on the powers and operations of courts deciding disputes between private parties. Examines the organization of state and federal courts and the relations between them; the processes by which courts resolve disputes; and the extent to which judicial decisions are conclusive of subsequent disputes. Among the topics studied are jurisdiction of courts over persons, property, and subject matter; the finality of judgments; the choice of applicable law; the scope of litigation as to claims, defenses, and parties; the processes of stating claims and exchanging information in discovery; trials and the division of functions between judge and jury; the right to jury trial; a brief introduction to the law of evidence; summary methods of decision without trial; and appellate review.
Civil Rights Prosecutions 120 3

This class will first cover a general history and background of civil rights prosecutions, which will include Construction-era Klan violence, the history of peonage statutes and prosecutions, combatting lynching in the Jim Crow South, and cases from the Civil Rights era. After covering these historical perspectives, we will move into an in-depth analysis of three areas of modern civil rights prosecutions--(1) human trafficking; (2) hate crimes; and (3) color of law violations.

Class Action and Mass Litigation 251 2 Civil Procedure

This course examines the role class actions and other forms of mass litigation play in the fair and efficient administration of justice, as well as various practical and constitutional limitations unique to cases of this sort. While the course focuses primarily on Federal Rule of Civil Procedure 23 and the ways in which the Rule’s requirements and constraints shape these complex cases, the practical case-management hurdles that arise in litigating them also is explored. Civil Procedure (Law 112) is a prerequisite for this course.

Commercial Paper 176 3
This course covers the workings of the finance and payments systems, and the legal doctrines on which they are based, focusing on UCC Articles 3 (Negotiation, Defenses, Holder in Due Course, and the status of parties to an instrument) and 4 (the bank collection system) and Regulation CC. It also considers negotiation in Funds Transfer Systems and in the context of personal property leases, letters of credit, bank acceptances, and personal property security interests. Related doctrines of agency, suretyship, insolvency, contracts, sales of goods, bankruptcy, and assignment and transfer are reviewed. Attention will also be given to drafting and litigation, the conduct of discovery, and trial tactics.
Communications Law 181 3

A treatment of basic telecommunications law, policy, and regulation.

Comparative Constitutional Law 346 3

In a world of increasing global interaction it is critical for American lawyers to understand the legal systems of other nations. This course will introduce students to comparative legal methods with an emphasis on comparative constitutional law. It will examine the general features of common and civil law systems, their underlying principles, and the scope of their constitutional protections. It will focus in particular on British and Canadian common law, French and German civil law, and examine the impact of European Union law on member states.

Comparative Constitutional Law Seminar 663 2

This seminar examines the constitutional law of 15 of the G-20 nations, which are constitutional democracies: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Mexico; Indonesia; and the European Union. The 13 class sessions will compare cases from all of these countries on the following topics: 1) Introduction; 2) Constitutionalism and Amendment rules; 3) Foundational Judicial Review cases; 4) Separation of Powers; 5) Federalism; 6) Bills of Rights and Unenumerated Rights; 7) Equality Rights; 8) Freedom of Expression; 9) Freedom of Religion; 10) Comparative Civil, Criminal, and Appellate Procedure; 11) Property Rights and Economic Liberties; 12) judicially enforceable entitlement benefits; and 13 Constitutional Guarantees of Democracy.

Comparative Law 439 3

This course offers an introduction to comparative legal systems. The course will survey the two main legal families, civil and common law. It will also look briefly at mixed legal systems. The second part of the course looks at specific areas of the law from a comparative perspective, in particular at comparative judicial politics. The final part of the course looks at recent developments in comparative law and economics, particularly the legal origins literature and the controversial relationship between law and development.

Comparative Regulation & Policy 378 2

The purpose of this course is to provide students with knowledge about the foundations of regulation and how they relate to public policies. Introductory classes focus on assessing the concepts of public policy and regulation, followed by remarks on market failures and social matters as reasons for regulating certain markets. The course discusses the theory of public choice and the risks of regulatory capture as alternative explanations for regulation. After assessing the pros and cons of regulation, we discuss the merits of privatization and the different reasons for countries deciding to delegate public services under concession agreements and public-private partnerships or having them delivered by public agencies or stated-owned enterprises. A second part of the course dives into the tools available to reduce the risks of regulatory failures, such as public consultation, regulatory impact assessments, and agencies’ governance. As per the tools available for regulators to reach the outcomes envisaged by regulatory policies, besides administrative penalties, the course addresses the roles of other instruments such as information disclosure and nudge, taking into consideration the contributions of behavioral law and economics. The last part of the course is dedicated to discussing how to evaluate the results of regulatory policies; regulatory policies’ oversight; and how alternative dispute resolution mechanisms may be useful to prevent and settle regulatory conflicts. The course adopts a comparative approach.

Compliance Law 124 1-2

This course will outline the fundamental pillars of an Ethics and Compliance program, examining how the relevant elements fall within the context of international and domestic legislation including the U.S. Anti-kickback Statute, False Claims Act, Stark Law, Foreign Corrupt Practices Act and UK Bribery Act. Landmark cases will be referred to throughout classes as real life examples demonstrating the operationalization of Compliance, as well as real world Compliance failures and associated root causes. The classes will contain interactive elements for students to be immersed in topical Compliance analysis affecting today’s Compliance practitioners and will assist students pursuing legal careers in understanding the interrelationship of Legal and Compliance functions.

Computer Crimes Seminar 493 2

This course will introduce students to the basic laws of computer crimes, including the Computer Fraud and Abuse Act and various laws relating to online piracy, inappropriate content, intellectual property protection, and the like.  The course will also cover challenges relating to the investigation and prosecution of computer crimes including the gathering and validation of digital evidence and attribution of online activities.

Conflict of Laws 186 3

Focuses on choice of law problems, particularly in relation to property, family law, contracts, torts, trusts, and the administration of estates. Consideration is given to acts of jurisdiction, effects of judgments, special problems of federalism, and transnational regulation.

Congressional Oversight 171 1-2

This course will introduce students to the rapidly growing world of Congressional Oversight and investigations. Sitting at the intersection of law and politics, this class will explore the ways in which Congress exercises oversight of both the executive branch and the private sector, and the authorities underlying each. It will discuss the legal tools that Congress has at its disposal and prompt students to think about how best to conduct effective oversight and advise clients on how to respond to the same. It will also cover the practical side of oversight and allow students to hear from congressional investigators on the day-to-day practice of conducting investigations in the legislative branch.

Constitutional Law (LLMs Only) 221 4

This course will introduce students to some of the foundational concepts and questions of United States constitutional law. Students will first consider the nature and function of a constitution in general, along with methods of constitutional interpretation that have played an important role in U.S. constitutional jurisprudence. The majority of the term will be spent examining two core aspects of the U.S. Constitution: its provision for government structure and the distribution of power, and its protections for individual rights. Students will learn how to read constitutional cases to understand their holdings and arguments, trace the development of legal rules, and analyze and critique the Supreme Court’s constitutional interpretations. Additionally, the course will address how such concepts are tested on the bar exam. Course enrollment is limited to LLM students at the law school.

Constitutional Law I: Structure of Government 121 4
Analysis of the structure of American government, as defined through the text of the Constitution and its interpretation. The course focuses on the allocation of powers and responsibilities among governmental institutions, including the separation and coordination of the legislative, executive, and judicial functions at the federal level, and the relation between the state and federal governments (including an introductory treatment of the Fourteenth Amendment).
Constitutional Law II: The 14th Amendment 158 2-3 Constitutional Law I: Structure of Government

This course is a continuation of Constitutional Law I: Structure of Government, and examines the interpretations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment, and the scope of congressional authority to enforce these constitutional provisions.

Constitutional Theory Seminar 409 3 Constitutional Law I: Structure of Government

The subject of our course is the legitimacy and desirability of judicial review. The first part of the course will explore different schools of constitutional thought (e.g., living constitutionalism and originalism), asking how each of them justifies judicial review and how those justifications inform their approaches to constitutional interpretation. The second part of the course will explore the actual practice of judicial review by different courts around the world, asking which, if any, of the normative theories can justify judicial review as practiced. (One of the most important and yet largely unknown developments in global government over the last thirty or eighty years, depending on how one counts, is the global spread of judicial review.) The goal is to see whether any of the normative theories has descriptive uptake and, if not, to ask anew whether judicial review can be justified, not in the abstract, but as practiced.

Consumer Financial Protection 193 2

This class will examine the law, economics, history, and policy of consumer financial protection. The course will study evolving cultural and economic understanding of consumer finance and financial protection and the influence of technological evolution on consumer financial protection policy. Particular topics of analysis will cover the legal and economic aspects of state regulation (such as usury laws and debt collection), developments of interstate markets in consumer finance and financial protection regulation in the post-World War II era, the 2008 financial crisis and the creation of the Consumer Financial Protection Bureau, and the emergence of fintech as a disruptive economic and regulatory technology.

Consumer Protection Law 332 3

This course (formerly Unfair Trade Practices) examines several areas of consumer protection law, including entry into the market, unfair and deceptive practices, interference with business relations, trade secrets, and misappropriation. The course will cover relevant common law and federal enactments such as the Federal Trade Commission Act and the Lanham Act, and will examine how consumer protection statutes affect, among other things, advertising, data security, and privacy. 

Contracts (JM Only) 075 4

This course will provide JM students with an introduction to the principles of contract law, including the consideration doctrine, offer and acceptance, promissory estoppel, and the regulation of the bargaining process; as well as the relationship of contract law in government and business organizations. The course will also provide an overview of contractual interpretation, and basic knowledge regarding excuse and remedies.  

Contracts I 102 2
Introduction to the principles of contract law, including the consideration doctrine, offer and acceptance, promissory estoppel, and the regulation of the bargaining process.
Contracts II 103 3
Continuation of Contracts I, with emphasis on interpretation, excuse, and remedies.
Copyright Claims Board (CCB) Field Program 283 1 Arts & Entertainment Advocacy Clinic

The Copyright Claims Board (CCB) Field Program is a supplement to the Arts & Entertainment Advocacy Clinic (Law 224), which must be taken prior to or concurrently with the CCB Field Program. Students in the CCB Field Program represent individuals, artists, and small businesses before the Copyright Claims Board at the U.S Copyright Office. Students also participate in efforts to educate creators about the Copyright Claims Board and how to utilize it. Course is graded CR/NC; students will receive one out-of-class credit.

Copyright Law 191 3

This course covers the basics of copyright law, including determinations of what is copyrightable, formalities for obtaining protection, and copyright registration practices and procedures. The substantive and procedural elements of infringement actions are examined, including defenses. Technological developments affecting copyright are also addressed, including issues related to computer software and the Internet.

Corporate Acquisitions 194 2 Business Associations

Focuses principally on state corporate law, though consideration is also given to federal securities, tax, and antitrust laws. Topics covered include business and tax considerations relevant to acquisitions, methods of corporate combinations, directors' duties in connection with sales of control, appraisal rights, and target defensive tactics. Business Associations is a prerequisite.

Corporate National Security Law 147 2

This course will cover a range of national security related laws and related matters particularly applicable to companies operating both in the United States and abroad, including sanctions laws, trade laws, executive orders, the Foreign Corrupt Practices Act, the Foreign Agents Registration Act, the National Emergencies Act, the International Economic Emergency Power Act, the Foreign Sovereign Immunities Act, the Logan Act, and matters relating to the Committee on Foreign Investments in the United States.

Corporate National Security Law Seminar 659 2

This course is identical to Law 147 with the exception that it is conducted as a seminar and will require a seminar paper.

Corporate Tax 198 3-4 Income Tax

Focuses on the taxation of corporations and their shareholders. Consideration is given to the tax consequences of the formation of a corporation, distributions, redemptions, liquidations, and reorganizations. Income Tax is a prerequisite to this course.

Corruption, Human Rights, and the Rule of Law Seminar 495 3

Bribery, human trafficking, forced labor, and other human rights violations remain widespread around the world, but a rising tide of global legal obligations on individuals and corporations designed to counter these practices continues to grow. This course will examine how the law can most effectively combat global corruption and human rights violations, with a focus on violations in business conducted around the world and product supply chains.  We will also consider the relationship between corruption and the global rule of law, explore the impact of multinational corporate behavior on corruption and human rights, and examine the current and emerging individual and corporate legal initiatives aimed at ending these practices. The causes, incidence, and impact of violations will be addressed, as well as the effectiveness of expanding tools to address violations, including the US Foreign Corrupt Practices Act, disclosure and certification regimes, private rights of action, and other individual and corporate compliance requirements.

Counterterrorism Law Seminar 654 2

This seminar course will provide students with exposure to the laws and policies relating to U.S. government counterterrorism efforts and will survey the wide range of legal issues implicated by such efforts at home and overseas.  Issues to be addressed will include international and domestic law applicable to counterterrorism activities, the authorities for the use of force, offensive operations overseas, domestic counterterrorism efforts, surveillance of terrorists, capture, detention, and interrogation of terrorism suspects, prosecutions in military commissions and domestic courts, immigration matters, and other legal authorities for addressing terrorism issues.

Covert Action, Clandestine, and Special Operations Law 148 2

This course will introduce students to the domestic and international authorities, laws, and policies applicable to the use of covert action authorities abroad and the use of clandestine and military special operations forces.  The course will cover the core separation of powers related issues regarding oversight of such activities by Congress, including specifically in the areas of counterterrorism operations and cyber activities.  The course will review both the historical legal constraints and policies applicable to such activities as well as ongoing debates over the appropriate nature and scope of such activities and the relevant reporting and disclosure of such activities.  The course will teach the law in this area in part by examining declassified examples of such activities and focusing on the laws applied in such cases, the oversight conducted both before and after the activities, as well as the potential applicability of other laws and policies.

Criminal Law 106 3
General principles of the substantive criminal law and its major processes are derived from study of its common law origins and the effects of such variables as societal values, legislation, and judicial activity. Inquires into uses of the coercive power of the state, the federal-state relationship, and the concepts of group criminality, liability for uncompleted crimes, and rationale for punishment.
Criminal Procedure: Adjudication 389 2-3

This course examines the criminal litigation process. Topics covered may include: the charging decision; bail and detention pending trial; right to a speedy trial, to a jury trial, other trial rights; discovery; guilty pleas; double jeopardy; sentencing; appeals; and collateral remedies. Criminal Procedure: Investigation is recommended, but not a prerequisite.

Criminal Procedure: Investigation 206 3

Acquaints students with the criminal justice system, its procedures, and Fourth, Fifth, Sixth, and Fourteenth Amendment rights.

Cryptocurrency 252 2

Cryptocurrency Law and Practice is a 2-credit course which helps to prepare law students to interact with cryptocurrency issues encountered in daily practice. Cryptocurrency is a fast-growing field which has the potential to touch on nearly every aspect of digital commerce. Lawyers play a key role in advising clients on how to navigate overlapping and often contradictory regulatory regimes which govern this fundamentally digitally native and cross-border technology. This course will help law students understand the core areas of regulation in the United States of which they will need to be aware prior to entry into practice and equip them to deal with these issues in practice.

Cybersecurity Law Seminar 416 2

This seminar course will provide students exposure to the key legal and policy issues related to cybersecurity, including the legal authorities and obligations of both the government and the private sector with respect to protecting computer systems and networks, as well as the national security aspects of the cyber domain including authorities related to offensive activities in cyberspace. The course will include a survey of federal laws, executive orders, regulations, and cases related to surveillance, cyber intrusions by private and nation-state actors, data breaches, and privacy and civil liberties matters, among other things. The course will also explore the legislative and technology landscape in this dynamic area and will provide students with opportunities to discuss cutting-edge issues at the intersection of law, technology, and policy.

Death Penalty in America: Law, History, and Policy 138 2

The use of the death penalty as the ultimate punishment upon a conviction for a capital crime continues to spark heated debate in our courts, within legislatures and among the public. This course will analyze the law and history of the death penalty in the context of the Eighth Amendment’s prohibition against cruel and unusual punishments, in addition to the due process rights and jury trial rights afforded to all citizens. After the Supreme Court’s decision in Gregg v. Georgia (1976), Congress and state legislatures created death penalty laws and procedures seeking to limit the class of murders eligible for the death penalty to the “worst of the worst.” The Supreme Court has also revised the death penalty in several cases since Gregg with the effect of limiting the application of the death penalty: e.g., for juveniles; for those with low mental capacities; and by limiting how the death penalty may be imposed (juries only) and the manner in which the death penalty can be carried out. But the Supreme Court has not (yet) revisited the notion of abolishing the death penalty as unconstitutional under the Eighth Amendment. Is the answer that the imposition of the death penalty in the appropriate case is lawful, constitutional and just? Or, will the Supreme Court abolish the death penalty? If so, why?

Death Penalty in Virginia 707 1

Virginia’s recent enactment of a law abolishing the death penalty—the first Southern state to do so—is a remarkable development. Over the course of American history, no state has executed more people than Virginia. And between 1976 and 2020 only one state (Texas) has more frequently resorted to capital punishment. Is Virginia’s decision to abolish the death penalty simply evidence of a politically and culturally changing Commonwealth or does it portend abolitionist developments throughout the country and the world? This course will be graded CR/NC.

Derivatives Law & Policy 730 1-2 credits

Modern capital and financial markets rely on a wide variety of complex instruments, including Treasury securities, structured debt and equity instruments, and derivatives of various kinds. Public awareness regarding these instruments has grown since the Financial Crisis of 2008 because they are thought to have played an important role in both the rapid growth of financial markets (“financialization”) and their destabilization. These instruments and the role they play in modern markets are often not well understood. Yet a basic understanding of these instruments has now become important in modern financial law practice and any discussions on financial policy and regulation.

This course will review the workings of derivative instruments in the capital markets and how such instruments themselves are used. The relationship between banking and capital markets, and between government and the private markets, will be explored, as will the most important legal and fiduciary responsibilities involved. While not highly technical, the various principal types of derivatives will be examined. We will therefore also consider the numerous public policy issues relating to derivatives, their role in the Crisis of 2008, the history of attempts to regulate these instruments, and the current regulatory structure.

Disability Law Seminar 639 2
This course surveys American law as it relates to people with disabilities. Primary focus is on discrimination in employment, education, government services, public accommodations run by private entities, and housing. The course will also cover issues involving the civil rights of institutionalized persons.
Discrimination in Employment 210 2-3

Examines the federal regulatory structure governing employment practices that make distinctions based on race, color, religion, sex, national origin, and age.

Diversity & Inclusion Predictive Analytics 085 1

The Diversity & Inclusion Predictive Analytics course educates students on varying methods of examining employee data to answer a range of questions about an organization’s relative level of equity, diversity, integration, and inclusion. Students will learn how to uncover hidden patterns, correlations, and other insights. This will equip students to better understand a series of analytics that will help organizations calculate Diversity Return on Investment (“ROI”).

Diversity and Inclusion: Foundations and Strategies 084 1

This course is designed to educate students about the social and economic benefits derived from diversity and inclusion. Topics studied include the marketplace demand for diversity and inclusion, how diversity and inclusion efforts dovetail with equal employment opportunity laws, understanding and recognizing implicit bias, methods for building and retaining a diverse workforce, and management tools (such as consensus building).

Economics for Lawyers 108 3

Economics for Lawyers (formerly Economic Foundations of Legal Studies) exposes students to a broad survey of economic, statistical, finance and accounting concepts in which those concepts play a crucial role in determining the outcome of legal disputes. Students will not become expert in these technical areas but will be exposed to both the mechanics and subtleties of these tools. The goal is to educate and train students so that they will be better prepared to understand a dispute, craft an argument, or prepare a witness.

eDiscovery 204 3

Increasingly, attorneys are becoming “general contractors” when it comes to certain highly technical areas of the law. This is certainly true of the practice of eDiscovery. Unless you have chosen to make eDiscovery the focus of your practice, you will most likely instead be charged with assembling – and then managing – the right team of attorney specialists, technologists, and allied professionals who will conduct the eDiscovery components of cases on your behalf and under your direction. Any attorney serving in such a capacity will need to know enough about the law and technical aspects of eDiscovery to assemble the right team, keep costs under control, and ensure that legal and ethical obligations to clients, the court, and opponents are met and discharged. This course endeavors to impart such “general contractor” knowledge and expertise.

Education Law 165 2

In Fall 2023, this course will cover select topics in Education Law in a half-semester format. Students will receive two (2) total credits for this class. One (1) credit is “in-class” and one (1) credit is “out-of-class,” awarded for the submission of a significant paper on an education law topic. This course will cover select topics in K-12 or higher education law, including the right to a public education, issues regarding religious education, school choice, school governance, rights of students, No Child Left Behind, the Every Student Succeeds Act, the Higher Education Act, Title VII, Title IX, and FERPA.

Election Law 382 3
This course covers a broad range of topics involving campaigns and elections. Specific areas typically covered include districting, nominating candidates, campaigning for office, and voting, with some coverage of tax issues, administrative and judicial enforcement, and ethics law. Students will gain an appreciation for the historic record, and the inherent conflict faced by officeholders when they are given the means to regulate politics. There are no prerequisites. Constitutional Law I and/or Administrative Law are recommended.
Emerging Issues in National Security 705 1-2

This course is offered periodically as part of a series of courses focused on important new issues in national security law, including emerging technologies, such as hypersonics, artificial intelligence, directed energy weapons, and quantum computing.  This course first examines the federal institutional framework governing emerging technologies. Second, it introduces the major legal practice areas that national security attorneys must understand to advise defense sector clients on emerging technologies matters. Third, it teaches students effective client briefing and presentation techniques.  Students will complete written and oral exercises on course topics and receive instructor feedback to improve their briefing and presentation skills.

Emerging Law of AI 758 2

This course provides an overview of emerging legal issues, governance structures, and authorities that relate to artificial intelligence (AI). This course aims to prepare students to be informed participants in the current and unfolding legal debates surrounding this rapidly evolving technology in its many forms including machine learning, predictive AI, and generative AI. This course will survey a broad array of legal and policy topics as they relate to AI, including intellectual property, ethics, criminal law, torts, consumer protection, trust, safety, and security, cybersecurity and data privacy, national security, and business law, as well as practice of law itself and the use of AI in the legal academy. As such, this course will provide students with a background in the interplay between these areas of law and AI, as well as in the legal, regulatory, and policy structures that are being developed to address these issues.

Emerging Law of Internet Privacy Seminar 497 2

Increasingly technology has served as a disruptive force which challenges society to make important decisions about what privacy is and how it should be respected and/or protected. Students will survey the historical, policy and technological bases of privacy and information governance. Particular attention will be paid to notions of "relationship dependent context" as it relates to the collection, use and disclosure of information. Leading legal academic scholarship in the field of information privacy will be discussed and students will apply knowledge of the law of privacy and technology to current legal and policy problems. Each student will apply their acquired knowledge both in class as well as through the preparation of a scholarly student paper. Issues such as Do-Not-Track and Online Advertising, Security Breaches, Workplace Monitoring, Comparative International Approaches, Ownership of Facts and Information, Health and Financial Privacy and more will be covered.

Employment Law 365 2

Surveys the law governing the employment relationship in the absence of a collective bargaining agreement. The first section of the course will cover the agency law foundations of the employment relationship including the meaning of employee and the duties of loyalty and obedience. The course will then examine the special contract doctrines applicable to employment contracts, including employment at will and the public policy exception. Next, the course will cover tort law issues that arise in employment, including vicarious liability, worker's compensation, and tortious interference with contractual relations. The course will then examine some basic principles of discrimination law under Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. We will conclude with a brief survey of the Employee Retirement Income Security Act.

Energy Law 746 2

This course will cover the basic law and policy surrounding the extraction and use of energy resources in the United States. Energy production is central to our economy, and we use energy in practically every activity we engage in, often without even knowing it or thinking about it. As you will see, managing the U.S. energy system is an incredibly complex physical, commercial, and legal challenge. Thus, the overarching goal in this two-credit survey course is to provide foundational knowledge about these aspects of managing the energy system.

We will focus on building an understanding of the basic physical constraints under which energy systems operate, the fundamental legal principles and statutory regimes at play in U.S. energy law and policy, and the enduring themes that have emerged in over a century of modern energy law and policy development. We will also explore the ways that energy law and policy is changing in response to market forces, technological development, and policy innovation.

Entertainment Law 209 3

This course will focus on legal issues of particular salience to the “entertainment industry,” defined for this purpose as those individuals and firms concerned with the commercial creation and distribution of fixed expressive content marketed for its entertainment value. The course will survey several areas of legal doctrine that are common to the entire industry: domestic and international copyright law, trademark and right of publicity, industry organization, expressive torts and their First Amendment limitations, and contracts pertaining to credit and control. Grades will be based on a final paper which will be targeted for submission to one of several recognized IP & entertainment law writing competitions, and in-class discussion of casebook problems.

Environmental Law 218 3

A complex set of laws and regulations, developed over the past five decades, manages various environmental risks, ranging from risks to water, air, and land, among others. This course is designed to provide a general introduction to the theory and practice of environmental law, with an emphasis on the major pollution control statutes. Some of the recurring themes of the course will be the balance between federal and state authority, the economic justifications for environmental regulation, the distributional effects of environmental policy, the choice of regulatory instruments, and the role of agencies, legislatures, and courts. We will also discuss the political backdrop for the development of environmental policy, especially the role of interest groups and public perceptions.

ERISA Law 352 2

This course introduces students to the laws governing employee benefits, principally the Employee Retirement Income Security Act, or ERISA. The course will examine selected topics related to both employee pension and welfare benefits including regulation of plans, preemption, plan administration, fiduciary duties, enforcement, plan operation, and termination. Students will also gain an understanding of the tax implications associated with employee benefit plans, both from an employer and employee perspective.

Estate and Gift Taxation 219 3 Income Tax, Trusts and Estates

Provides a detailed examination of the estate, gift, and intergenerational transfer taxes, and considers their interaction with individual, partnership, and corporate tax provisions. Income Tax and Trust and Estates are prerequisites to this course.

Estate Planning Seminar 604 3 Estate and Gift Taxation, Income Tax, Trusts and Estates

Includes a substantial writing requirement, with an emphasis on organization of facts, the development of problem-solving thought patterns, and performance of research, drafting, and writing skills that are involved in the practice of law. Income Tax, Trust and Estates, and Estate and Gift Taxation are prerequisites to this course.

Ethics in National Security Law 149 2

This course will closely examine the myriad ethical issues inherent in national security law, including exploring the various roles a national security lawyer may play in the government, including the roles and ethical responsibilities of a policy lawyer examining various options for legislation or policymaking inside the executive branch, an oversight lawyer examining activities conducted after the fact, a lawyer appearing in national security matters before a neutral third party magistrate, including to prosecute national security cases as well as to obtain surveillance, and lawyers advising military commanders in the field, among others. The course will also examine the various ethical challenges associated with highly classified or sensitive operations, including those that may involve the use of techniques and capabilities that may approach the boundaries of the law, as well as those that require limited disclosure even within the confines of the executive branch.

European Union Competition Law 259 2 Antitrust I: Principles

European Union Competition Law impacts significantly on the ways in which companies, both large multinational corporations, and small and medium-sized enterprises, conduct themselves in the competitive environment. The primary focus of this course will be on the control of multi-lateral and unilateral anti-competitive conduct. The course will focus on the operation of the EU Competition Law regime, based on articles 101 and 102 of the TFEU, and procedural and implementing legislation. The course will also consider the main provisions of American Antitrust Law, as enshrined in Sections 1 and 2 of the Sherman Act 1890, and Section 5 of the FTC Act. In both cases the outline of the institutional processes, and the relationship between public and private enforcement will be considered. The course will also consider the context within which the law operates, focusing on the relevant economic principles and theories, as well as the tensions in the economics debate, underpinning the application of the law. Antitrust 1: Principles is a prerequisite for this course.

European Union Law Seminar 642 2-3

This course aims to give students a comprehensive introduction to European Union law in light of the ongoing economic and political challenges facing the 28-country bloc. In the opening weeks, the course will survey the succession of treaties that have led to today’s EU and the institutions that govern the Union, and lay out key legal and political themes and principles associated with European integration. The middle portion of the course delves into the nature of the EU legal order, including the role of the judiciary, interaction with the domestic law of member states and with international law, and the Union’s increasingly important fundamental rights framework. The final segment, after spring break, covers data privacy law and migration issues, the basics of the EU internal market and competition (antitrust) framework, and the EU’s increasingly prominent and ambitious role as an international actor in its own right. The course offers a compressed survey of the constitutional, administrative, human rights, justice and home affairs, economic and foreign relations law of the European Union. The emphasis throughout is on institutional aspects and on the relationship between the EU and its member states, with comparisons to U.S. law as appropriate. In addition to the assigned reading in preparation for each week’s meeting, the instructors will provide brief topical primary and other documents during each class period for reading and discussion. The course will also give attention to EU law research methods and sources, and students will write a 20- to 25-page research paper.

Evidence 222 3-4 Civil Procedure

Examines legal rules governing the proof of disputed issues of fact during adversary proceedings. The emphasis is on rules determining the admissibility of various types of evidence, including testimonial evidence (hearsay rules and impeachment of witnesses), documentary evidence, and scientific and expert evidence. The course also considers judicial notice as substitute for evidence, burdens of proof, and the effect of jury trial on rules of evidence. Civil Procedure is a prerequisite for this class.

Family Law 212 3

The course is focused on the formation of families, marriage, marital dissolution and the division of marital assets, cohabitation, issues connected with children, and contemporary directions in the reform of family law.

FDA Regulation 310 2

Covers the regulation of food, drugs, cosmetics and medical devices by the U.S. Food and Drug Administration (FDA), including basic statutory provisions, regulations, and case law. The history of regulation is discussed, as well as the development of new legal and procedural mechanisms for regulation in light of advancing technology and new theories of consumer protection. Since the FDA has been important in establishing legal precedents governing U.S. regulatory agencies, a familiarity with this field will provide a basic understanding of how the government regulates and how administrative law works. May be 2 or 3 credits.

Federal Budget Law 228 2
Studies the law underlying the federal budget process, including the preparation of the president's budget, the Congressional Budget Resolution, and the appropriations and reconciliation bills. Also examines the Constitutional provisions underlying the federal budget process.
Federal Budget Law Seminar 651 2

This course is identical to Law 228 with the exception that it is conducted as a seminar and will require a seminar paper.

Federal Circuit Practice Seminar 437 2

A seminar on the practical aspects of appearing before the Federal Circuit, as well as the most relevant substantive issues currently before the Court. The seminar discusses the history of the Court, the purpose for its creation, the Court's jurisdiction, rules of practice, and the practical workings of the Court. Practical aspects of appearing before the Court will include opinion analysis, brief writing, and oral argument. The seminar also explores some of the more complex issues currently faced by the Court. Finally, the seminar will discuss Federal Circuit cases recently heard by the Supreme Court.

Federal Consumer Protection Litigation 750 2

Consumer protection matters have a significant place on the dockets of our federal courts. This course will immerse students in the subject using practical, “real world” applications over the span of 13 weeks. Upon completion of the course, students will be equipped with tools for: understanding the life cycle of a consumer protection case in federal court, applying knowledge of civil procedure to substantive law not previously studied, identifying strategies for obtaining your client’s desired relief, and recognizing perspectives that drive the prosecution and defense of consumer cases.

Federal Courts 226 3

Jurisdiction of the federal district courts, including federal question, diversity, and supplemental jurisdiction; appellate jurisdiction of the Supreme Court; federal common law; aspects of the relations of the federal and state courts, including removal, abstention, and the Anti-injunction Act; and state sovereign immunity in the federal courts.

Federal Indian Law 706 3

This course provides an overview of federal Indian law. There are currently 574 federally recognized tribes in the United States, and each tribe is a sovereign government. Accordingly, federal Indian law explores the division of power between tribes, states, and the federal government. The course will examine topics including criminal law, natural resources, taxation, and gaming. This course may also cover contemporary federal Indian law issues that arise during the course of the semester. When addressing issues of tribal sovereignty, students will be forced examine the unique constitutional status of tribes and the history of United States-Indian relations. Students enrolled in this course should gain an understanding of federal Indian policy and the federal-tribal relationship.

Federal Sector Employment 129 2

This course introduces students to the unique laws, rules, and regulations that govern employment in the federal government, and is designed for students interested in a potential career as an attorney specializing in federal labor/employment law. In particular, this class provides an overview of employment discrimination, labor relations, employee discipline, and whistleblower retaliation, among other areas of law. 

Federalism Seminar 620 2

This seminar will examine a variety of topics in the political economy of constitutional federalism. Issues to be covered include the advantages and disadvantages of political decentralization, competition between state and local governments, the impact of federalism on the status of minority groups, the Founding Fathers' view of federalism, and the role of the judges in enforcing federalism through judicial review. While most of the course focuses on federalism in the United States, some readings will also employ a comparative perspective. Each student will be required to write a research paper on a federalism-related topic of his or her choice. Grading will be based partly on written work, and partly on class participation.

Field Study for International Students 025 1-3

Under the international student field study program, students supplement their academic experiences by using their knowledge and skills in a legal or policy field outside of their home country.  Field study for international students is open only to JD students participating in a field study following their first year of law school in a country other than their home country. The field study may be paid or unpaid. This course shall be graded CR/NC and is for one, two or three out-of-class credits.  Approval of the professor is required prior to enrolling in the course.  The Syllabus will be available to enrolled students prior to the start of the term/semester and may include a combination of (1) one or more meetings with the professor and/or (2) a final project or paper on a comparative law or legal profession topic related to the country in which the field study took place and/or (3) a project or paper/s reflecting on the field placement.  Students enrolled in this course should ensure they have appropriate work permission in the country in which the field study takes place.  Students studying on an F-1 visa should be able to use Curricular Practical Training (CPT) work authorization to take this course. Please see the Office of International Programs (OIPS) for instructions regarding CPT.

Financial Crises, Panics and Regulation: 1837-2008 393 2

Markets and regulation continuously interact, often in unanticipated ways, to prevent or create financial crises, which inevitably impact the next iteration of the regulatory regime developed by Congress and regulators to oversee U.S. financial institutions, including banks, securities firms, insurance companies, mutual funds, nonbank financial companies and Government Sponsored Entities. This course will consider significant financial crises of the 20th and 21st Centuries including the Panic of 1907, the Great Depression, the 1989 Savings and Loan Crisis, the 1989 S&L and Bank Crisis, the Long Term Capital Management Crisis of 1998 and the 2008 Global Financial Crisis. It will explore the legal, business, economic and regulatory factors that led up to and/or facilitated these crises and the responses that the Administrations, Congress and the regulators pursued in their aftermath. Students will be graded on a written paper and an oral presentation and defense of the paper.

Financial Services Workshop 740 1

Financial markets are dynamic.  This seminar exposes students to current and open issues of the business and finance world.  In the course of the seven seminars, seven guest speakers will discuss timely topics spanning from banking regulation, crypto, corporate and securities law, to derivatives and commodities markets.  This course is offered on a CR/NC basis.

FinTech Seminar 407 2

The deployment of new forms of financial technology by established financial institutions and by new entrants into the sector both in partnership and competition with each other is transforming how financial services are delivered.  The development of new models such as marketplace lending and new technologies such as Bitcoin and other virtual currencies, blockchain technology and artificial intelligence raise a range of new issues for institutions, investors, consumers, regulators, and policymakers that the course will explore.  The rapid development of FinTech increases the importance of robust cybersecurity defenses and risk management directed at preventing illegal activity and deterring malicious disruption of the functioning of the financial system or particular products or services. The course will explore these potential threats and the responses that are being pursued by the private sector and the government.  Students will be graded on a written paper and an oral presentation and defense of the paper.  

Firearms Law 319 3 Criminal Law

Gun control remains politically controversial and legally significant. In both state and federal court, a significant percentage of criminal law cases involve weapons offenses, and recently courts have considered whether these laws may violate the right to bear arms. This course surveys how the law regulates firearms. Students will examine the state and federal statutes that regulate the manufacture, possession, carrying, transfer, and use of firearms. Students will also considers criminal law topics with relevance beyond firearm laws, including mens rea, possession, the categorical approach, the rule of lenity, “stop and frisk,” and the right of self-defense. Students will also consider how firearms intersect with other areas of law. This part of the course will cover tort law, products regulation, administrative law, and local government law. Topics in this part include federalism, products liability, nuisance, licensing, remedies, and state preemption laws. Previous classes on statutory interpretation, administrative law, constitutional law, and criminal procedure are helpful, but not required.

First Amendment Law 164 2-3

This course will cover the basic principles of First Amendment law related to free expression. Individual topics include the development of modern First Amendment law, the categories of unprotected speech, forum analysis, corporate political speech, and “hate speech." 

Food Law & Policy Seminar 481 2

This seminar will explore a variety of timely issues and topics in the field of Food Law & Policy, which looks at the basis and impact of laws and regulations that govern the food and beverages we grow, raise, produce, transport, buy, sell, distribute, share, cook, eat, and drink. Through readings that include law review articles; features in the mainstream press; book excerpts; case law; and research, reports, and other materials produced by a variety of governmental and non-governmental sources, students will study the relationship between the laws and policies that structure our food system – and their intended and unintended consequences. The course focuses on myriad issues related to government action (or inaction) pertaining to food and discusses issues pertaining to laws and regulations created at all levels of government. Topics this course highlights may include New York City’s ban on large sweetened drinks; local regulations pertaining to food trucks, farmers markets, and urban farming; state cottage food laws and craft beer regulations; the federal Farm Bill and farm subsidies; the USDA school lunch program; and local, state, and federal rules pertaining to GMO foods. Students will consider these topics as they relate to issues like the environment, food freedom, food safety, and the public health.

Free Speech Clinic 136 2

The Free Speech Clinic allows students to gain legal practice experience through pro bono representation in actual First Amendment cases (excluding the religion clauses). Clinic students work closely with experienced attorneys to identify cases of interest, research legal issues, and draft motions and briefs. In addition, clinic students will receive weekly classroom instruction on procedural and substantive issues relevant to their cases, federal and state court decisions, and recent developments in First Amendment law. The Free Speech Clinic is year-long, and open to second and third-year Law students, with preference given to those who have taken Constitutional Law. The application process requires a short statement of interest (maximum of 500 words), resume, and transcript. Enrollment is capped at twelve students.

FTC Seminar 612 2

The seminar will examine the FTC as an institution in its many facets. The Commission's two main missions, consumer protection and antitrust, provide it with a platform for involvement with major sectors of the economy. We will examine the Commission's structure, its legal authority, and how it uses that authority in pursuing its many activities. We will address numerous issues that currently occupy so much of the agency's time, including intellectual property, health care, privacy, consumer fraud, and many others. The seminar will conclude with presentation of research projects involving particular issues the Commission faces.

Giles Rich Moot Court Competition 125 2 Federal Circuit Practice Seminar

The purpose of this course is to prepare students for the Giles Sutherland Rich Moot Court Competition. Students may only register with the permission of the instructor. As of Fall 2010, students receive two (2) total credits for this class. One (1) credit is “in-class” and one (1) credit is “out-of-class”. Federal Circuit Practice Seminar is a prerequisite to this course.

Global Antitrust Law Seminar 645 2

The seminar will cover hot topics in global antitrust, including international due process; multinational case coordination and cooperation; efforts at international convergence, such as soft law recommendations by multilateral organizations like ICN and OECD; the use of non-competition factors in competition analysis, extraterritorial application of antitrust laws; and the intersection of antitrust and trade policy. The seminar will also provide an overview of competition law and major investigations and cases in key jurisdictions, such as Brazil, Canada, China, the European Union, India, Japan, and Korea. The course will include guest speakers, including from the U.S. antitrust agencies and leading practitioners.

Government & Commercial Contracts Negotiation 180 2

This course will provide students with practical training and understanding of the contract negotiations which occur between government contractors. This course will focus primarily on contract negotiation in the federal government contracting sphere. The course will be a combination of lectures, group discussions, and simulated contract negotiations and advocacy activities. Group discussions and negotiations will allow students to apply these concepts to practical scenarios they may encounter in commercial transactions. The simulated contract negotiations will give students insights in the importance of communication, analysis, and outcome-driven strategy development. Students will receive feedback on their work products and participation in the activities that will occur throughout the semester.

Government Contracts 230 2
Examines the processes by which private parties establish and perform contracts with the federal government. Specific subjects include the appropriations mechanism; the authority of government agents, sealed-bid and negotiated procurement methods; competition requirements, contract pricing, award protests; inspection, acceptance, and warranties; changes; termination; the prosecution and defense of claims; and civil and criminal sanctions for fraud. For factual illustrations, the course draws heavily upon the procurement activities of major purchasers such as the Department of Defense.
Health Law Seminar 427 2

This seminar will provide students with an overview of the U.S. health care system and the laws and regulations affecting such complex industry in the provision of health care services and supplies to its direct and indirect consumers.  Students will learn the fundamentals of health laws, regulatory compliance, legislative and policy landscape.  They will also gain a basic understanding of the ethical considerations governing health law and public health policy.

History & Foundations of Administrative State Seminar 646 2

In this seminar, students will study the history and development of administrative agencies. Starting from the Founding era around the time of the Constitution’s ratification in 1788, the course will trace the law and theory surrounding administration, including the influence of intercontinental thought and theory on the development of American administration in the nineteenth and twentieth centuries. The course will consider questions related to the constitutional foundations of various forms of administrative action and administrative structure. The course will also trace the development of the contemporary relationship between administrative agencies and Congress, the President, and federal courts. The seminar will conclude with an examination of how this history might relate to modern controversies about the legal limits of administration.

History of American Legal Education 340 2

How should lawyers be trained to become lawyers? Should new lawyers be trained primarily by practicing lawyers? As undergraduates? Or should there be law schools as part of a separate three-year training after college? Should students learn primarily how to practice law or how to “think like a lawyer?” From the 17th to the 21st century, American lawyers have been trained in an astonishing variety of ways. This course will study how lawyers became lawyers over the centuries and up until the present. The training of lawyers is particularly important given the central role of law and lawyers in American social, political, and economic life. Particular attention will be paid to the creation of the American law school in the 19th century, to the codification movement of the 19th century, to comparative ways of training lawyers around the world, and to modern controversies over law school admissions, how students pay for law school, and entrance requirements to join the profession.

Homeland Security Law 388 3

This course provides an introduction to the policy, strategy and practical application of homeland security through an understanding of the authorizing laws, regulations, and polices that established DHS. This is a multi-faceted course that will expose students to complex intergovernmental and public-private sector policymaking, operational planning, and crisis management. The course is designed to promote subject matter understanding, critical analysis of issues, and insight into senior leader decision making. It also includes a practical examination of stakeholder interaction and key subject matter areas through an interactive tabletop exercise as well as other interactive opportunities throughout the course.

Homeland Security Law Seminar 426 2

This course is identical to Law 388 with the exception that it is conducted as a seminar and requires a seminar paper.

Immigration Law 235 3

Examines fundamental issues in immigration law of inadmissibility and deportability, relief from removal, asylum and refugee status, citizenship, nonimmigrant and immigrant visas, including labor certification, and administrative and judicial review.

Immigration Litigation Field Program 203 4

The Immigration Litigation Field Program, offered in partnership with Legal Aid Justice Center (LAJC), gives students an opportunity to represent clients in a range of immigration litigation matters before the immigration court in Arlington, the Board of Immigration Appeals in Falls Church, the federal district court in Alexandria, and the U.S. Court of Appeals for the Fourth Circuit.

This course is year-long (fall and spring semesters) with students earning four letter-graded credits each semester (for eight credits total). Two (2) credits each semester will be in-class credits, and two (2) credits will be out-of-class. Out-of-class credits will be for work directly with clients, written work for clients’ cases and other advocacy projects, appearances in court, and supervision. Note that student appearance before the immigration court does not require a third-year practice certificate.

Immigration Policy Seminar 422 2

This course will examine U.S. immigration policy as it is embodied in our laws and procedures and will ask how our nation’s immigration policy reflect on our values as a nation. The course will discuss whom we let in, whom we keep out, how do we treat the people already here, and why. The course is broken down topically along the lines of a typical immigration law class, but this course is not concerned with the mechanics of the immigration laws. The class is intended to reach into the policy goals, the implications of policy, and the unintended consequences of poorly designed policies.

Income Tax 236 4

The fundamental statutory and regulatory principles upon which the federal income tax structure is based are considered, with emphasis on individual income taxation. Topics include definition and characterization of income, deductions, and the tax treatment of property transactions.

Independent Study 238 1-3
Each independent study course must be approved in writing by the Associate Dean for Academic Affairs, who will require a written syllabus or similar detailed description of the content of the course and the means by which the student will be evaluated. May be 1 to 3 credit hours. All credits are considered "out-of-class" credit. Students may propose to complete an independent study for a letter grade or "CR" credit.
Insurance Law 242 2-3

Acquaints students with the various problems involved in risk-spreading through private and public insurance. Concepts of risk, uncertainty (or compound risk), and insurability are discussed as well as contractual problems such as mistake, fraud, and coinsurance. The impact of insurance upon the development of tort doctrines such as strict and vicarious liability and relaxed standards of causation are addressed. Government regulation of the insurance industry receives some attention.

Insurance Law Seminar 608 2-3

This course is identical to Law 242 with the exception that it is conducted as a seminar and will require a seminar paper.

Intellectual Property & Antitrust Seminar 432 2

The seminar will focus on the U.S. approach to antitrust matters involving intellectual property rights, including conduct involving standard-essential patents, with comparison to foreign approaches by courts and agencies in Canada, China, Europe, Korea, Japan, and India. The course will include guest speakers from the U.S. antitrust agencies, as well as leading practitioners. Grading will be based on class participation and a seminar paper. There are no course prerequisites, but Antitrust I: Principles as a prerequisite, or concurrent enrollment in the course, is recommended.

Intellectual Property Law 367 3

This course focuses on the protection of proprietary rights in inventions, writings, creative expression, software, trade secrets, trade designations, and other intangible intellectual products by federal patent, copyright, trademark and unfair competition law, and by state trade secrecy and unfair competition law. Consideration will be given to the challenges posed for traditional intellectual property paradigms by new technologies and the shift to an information-based economy. This course is designed for the non-specialist, but also serves as a foundation for the specialist.

Intelligence Law 131 2

This course will provide students with an overview of the U.S. Intelligence Community (IC) and its sources of legal authority. Students will engage in exercises (both written and oral) to analyze and draft practical guidance on relevant legal issues for the IC. Although questions of policy will inevitably be part of any analysis of the IC, this course is not a policy class. The main point is to develop a strong understanding of the establishment and evolution of the IC’s legal authorities, how the IC agencies interact with one another and the other branches of government, the respective oversight roles and responsibilities of the executive, legislative, and judicial branches of the federal government, and the role of the private sector in the IC. The course will conclude with a written exam.

Intelligence Law Seminar 492 2

This seminar will provide students with an overview of the U.S. Intelligence Community (IC) and its sources of legal authority. Students will engage in exercises (both written and oral) to analyze and draft practical guidance on relevant legal issues for the IC. Each class will involve an overview of the specific topic followed by either the drafting of a short memorandum addressing a hypothetical client question or a simulated inter-agency meeting. No security clearance is required since all materials and discussions will be at the unclassified level. Although this seminar is focused on issues most relevant to IC agencies, each week’s practical exercise will focus on drafting and/or negotiating skills useful and relevant to any government attorney.

Interbranch and Federalism Conflicts in National Security 022 1-2

This course will cover various actual and potential disputes between the three coordinate branches over the conduct of foreign relations and the carrying out of national security policy including surveillance matters, authorizations for the use of military force and the conduct of specific military operations, the conduct of intelligence operations other than surveillance, including covert action and specific counterterrorism related programs, and the making of international agreements. The course will also examine federalism conflicts in foreign relations and national security law including interactions with foreign states, trade, investments, and sanctions-related matters, as well as the application of federal authorities in the states in times of national crisis.

International Commercial Arbitration 391 1

This is a course on the law and practice of arbitration as a means of commercial dispute resolution. The course places arbitration in the continuum of overall methods of dispute resolution from negotiation to litigation. It then deals with the laws which encourage agreements to arbitrate. The bulk of the course will be the development of an actual arbitration matter from the drafting of a demand for arbitration to the issuance of an arbitration award.

International Commercial Transactions 245 2

This course provides the foundation for understanding and working with international commerce. It approaches the subject from the perspective of essential payment mechanisms such as open account, banker's acceptances, collections, and letters of credit. From this perspective, it will consider contract terms for payment and delivery, the role of international custom, transport law and practices that impact commercial transactions and the role of third party intermediaries. In addition to judicial opinions from the US and elsewhere and drafting exercises based on actual documentation from actual transactions, the course will provide an option to visit the operations department of a local bank if there is sufficient interest.

International Criminal Law 360 3

This course will focus on the prosecution of international crimes, including genocide, crimes against humanity, war crimes, and aggression. We will study the development of the law of these crimes, including jurisdiction, the elements of crimes, modes of liability, and defenses, as well as the institutional, political, logistical, and procedural challenges faced by prosecutors, defense lawyers, and judges who adjudicate these crimes. Students will be expected to engage throughout with the question of whether, and if so to what extent, individual criminal prosecution by international criminal courts and tribunals is a legitimate and effective tool for addressing mass human rights violations during or after conflict.

International Finance and Regulation Seminar Law 693 2

This seminar will provide the tool-kit for students to achieve a critical understanding of the legal, regulatory, and policy debate around the global financial markets. The seminar has two aims: 1) to analyze the principles and rationales of financial regulation; and 2) to survey the primary transactions, institutions, and regulatory regimes that characterize the modern global financial markets. While focused on the international financial regulatory framework, the main reference jurisdiction is the United State, with a secondary focus on the European Union and the United Kingdom. The final grade in the seminar is based primarily on a major research paper.

International Intellectual Property and Policy Seminar 418 2

This seminar examines the major treaties and other international agreements providing protection for patents, trademarks, and copyrights and other forms of intellectual property, including the World Trade Organization TRIPS Agreements, the US free trade agreements and the World Intellectual Property Organization treaties. Particular attention will be given to the roles of the WTO and the WIPO. The course also examines some of the recent issues that have attracted controversy in the international arena as well as relevant recent developments in foreign countries, including the European Union member states and China.

International Law 248 3

Considers traditional public international law issues and analyzes them in an economic and game-theoretic perspective. Emphasis is on basic concepts of public international law, including sources and evolution of international law; relation of international law to municipal law; subjects of international law; peaceful settlement of disputes; international agreements; jurisdictional competence; state responsibility and treatment of aliens; the use of force; and the evolving role of international organizations.

International Tax 250 3 Income Tax

International taxation profoundly shapes modern business activities. Large companies, such as Apple, Google and Microsoft, structure their activities in sophisticated ways to minimize their tax liabilities. The importance of international taxation is bound to increase with the predicted rise in global economic activity and integration. Consequently, most tax lawyers practice today, at least to some extent, in the international arena. This course introduces students to U.S. income tax laws, treaties, and policies relating to international transactions. The course emphasizes fundamental issues and legal concepts as they relate to the taxation of foreign income of U.S. persons, and U.S. income of foreign persons. Income Tax is a prerequisite, unless a student has prior tax experience. There are no other prerequisites, and a review of the relevant material from Income Tax will be done in the beginning of the course.

International Trade Law and Regulation 253 3

Covers the theory and practice of international trade law including U.S. laws and the World Trade Organization (WTO) regime.  Includes trade remedy litigation (e.g. antidumping, countervailing duty, and safeguard investigations) and export controls for U.S. national security purposes (including the Directorate of Defense Trade Controls, U.S. Department of State (DDTC); the Bureau of Industry and Security, U.S. Department of Commerce (BIS);  Office of Foreign Assets Control, U.S. Department of Treasury (OFAC)).  Also examines domestic and international anti-bribery issues (including the U.S. Foreign Corrupt Practices Act (FCPA)).

Introduction to United States Law (JM Only) 070 3

This course is designed to provide JM students with an overview of United States law. This course will cover general areas of law, including regulatory and business law, as well as contracts, property and tort law, and their applicability in public institutions and business settings. This course will not provide an exhaustive survey of each topic, but rather provide exposure to a large amount of foundational information in a short period of time.

Introduction to US Law (LLM Only) 093 2

This course is designed to provide LL.M. students who did not receive their legal education in the United States with an overview of U.S. law. Students will develop basic research and writing skills necessary for the study and practice of law in the U.S., while covering substantive areas of law, including contracts, torts, and Constitutional law. This course will not provide an exhaustive survey of each topic, but rather exposure to a large amount of foundational information in a short period of time.

Jessup International Moot Court Competition 126 2

The purpose of this course is to prepare student for effective participation in the Jessup International Moot Court Competition. All class participants must be members of the GMU Jessup International Moot Court Team. As of Fall 2010, students receive two (2) total credits for this class. One (1) credit is “in-class” and one (1) credit is “out-of-class”.

JM Capstone I 076 2

This course is designed to provide JM students with an avenue to draw upon the legal knowledge they have received, and to further develop the problem solving orientation and skills to interact with attorneys, recognize legal issues and flag applicable law. As a “capstone,” students will select their own topic within their field of employment and directly related to their profession on which they will write a thesis under faculty supervision.

JM Capstone II 077 2

This course is an extension of Capstone I. Students will research and draft their theses under the guidance of a faculty member.

Jurisprudence 350 2
This course is an introduction to the philosophy of law. The first half will deal with the descriptive problem of what the law is. Is the law reducible to sociological facts — in particular power? Is it reducible to ethics? Is it something completely different — neither sociological nor ethical? Readings will consist of the classics in the field, including John Austin, H.L.A. Hart, Hans Kelsen, Ronald Dworkin and the American Legal Realists. The second half of the course will deal with normative problems of what the law ought to be. Should the law promote economic efficiency? Should it promote some other conception of justice? Special emphasis will be placed on economic and corrective justice accounts of tort law. Readings will consist of more recent discussions of these and other topics, including material by Richard Posner, Jules Coleman, Ernest Weinrib, Jeremy Waldron and David Brink. May be 2 or 3 credits.
Jurisprudence Readings Seminar 622 2

This seminar is devoted to a close reading of major works of legal and political philosophy. For instance, the seminar might consider justice and rhetoric in Plato, Aristotle, and Cicero, or the contributions of Adam Smith to American legal philosophy. Students who enrolled in Law 622 in prior years may enroll in the course a second time because the assigned readings change semester to semester.

Jurisprudence Seminar 435 3
This is an interdisciplinary course introducing students to the fundamental question of post-World War II Anglo-American jurisprudence, the problem of deriving meaning from written texts. The derivation of meaning from written documents characterizes attorneys' work (interpreting cases and contracts, for instance), and is the essence of judges' work. But it also characterizes the work of biblical exegetes and of literary critics, and it turns out that the debates in those disciplines mirror those of modern jurisprudence. This course explores those debates, all the while examining the legal function as something possibly unique.
Labor Law 256 2-3

An overview of the law of union and management relations in the private sector: development and coverage of federal labor law; representation elections; unfair labor practices; relations between employees and their union; employee concerted activity; anti-union discrimination; union picketing, strikes, and violence; regulation of collective bargaining; and enforcement of collective bargaining agreements.

Law & Economics 123 2

Law & Economics (formerly Advanced Economic Foundations of Legal Studies) studies how legal systems, and subsequent decisions, promote economic efficiency. In this course we first examine the process of inter-temporal voluntary exchange as an important source of market inefficiency. We then examine how private treaty solutions, such as reputations, sanctions and exclusion, attempt to overcome this inefficiency. The course then proceeds from the assumption that the law should act incrementally to maximize the gains from exchange by working with and improving on private solutions. At the same time we assume that the legal process is subject to rent seeking, within, by legal professionals, and without, by regulatory capture. This susceptibility implies a need for checks and balances on how the law is used and leads to the recognition that society must be willing to limit the scope of the law as an instrumental tool for social justice.

Law and Economics Colloquium 208 2

This is an advanced course that will bring together outside scholars, resident faculty, and Scalia Law students for discussion of cutting-edge research papers in the law and economics tradition. Approximately two of every three weeks will feature a leading scholar presenting a paper growing out of his or her research in the law and economics tradition. On weeks for which there is no outside speaker, the seminar will meet to review prior workshops and to discuss papers to be presented in later sessions. Students must write short critiques of the papers and are expected to engage in the discussion. The critiques are due at the beginning of each workshop. JD students who have taken the course once may enroll a second time because course content changes semester to semester.

Law and Literature 239 2
The class reads a variety of classic and contemporary texts to illustrate how law and legal problems are portrayed in literature. This is both an exercise in our understanding of law as well as a lesson in how to read texts. We also can think of a text as a kind of evidence, legal or otherwise. Grading is based on a combinations of papers; students have an option of one long paper or two or three shorter papers, focusing on the works read and key themes of the class. Readings change each year, but typical readings include the Bible, Shakespeare, Kafka, Melville, James, and others.
Law and Regulation of Financial Institutions 240 3

This course explores the law and regulation of financial institutions and financial markets in the United States.  Over the course of the semester, we will explore the history and evolution of the U.S. regulatory and supervisory architecture for financial services, and we will survey and study different segments of the financial system.  We will explore the regulatory framework for depository institutions; securities firms - i.e. brokers; trading venues; payment systems; the role of central banks as lender of last resort; mutual funds and other asset managers; shadow banking; the regulation of derivatives; and the role and regulation of emerging financial technologies within the financial system.  The course will offer students a solid understanding of U.S. financial regulatory framework and perimeter and will provide them with the foundations to engage in the debate on current policy issues such as climate finance, digital assets, and in general the future of finance.

Law and Religion Seminar 635 3

The Law & Religion Seminar treats the law of the First Amendment to the U.S. Constitution, both the Free Exercise and the Nonestablishment Clauses, and the Religious Freedom Restoration Act, using the leading textbook in the field (McConnell, Garvey and Berg), and some supplementary readings to keep the student abreast of this area’s continual evolution. There is also some treatment of history, religious freedom in connection with family law topics, natural law, international religious freedom law, and leading religions’ doctrines and teachings concerning religious freedom. It is a paper course, requiring a 25-40pp paper, which accounts for 55% of the student’s grade. Class participation accounts for the remainder.

Law Journal Management 511 1
Limited to incoming editorial board members of the law school’s academic journals. As of Fall 2010, students receive one (1) credit for this class which is “out-of-class” credit and graded “CR”.
Law of Armed Conflict and Military Operational Law 211 2

This course will involve a deep examination of domestic and international law related to both jus ad bellum, the law applicable to the potential use of armed force, and jus in bello, the law applicable in the course of an armed conflict.  The course will also examine the domestic authorities applicable to authorizing the use of force, as well as the laws and policies applicable to the actual conduct of war in an operational setting.  The course will also specifically discuss the role of lawyers in warfighting today, including the role of lawyers in advising military commanders and others in the field.  The course will cover matters related to the DOD Law of War Manual as well as the Operational Law Handbook for Military Commanders.

Law of Government Oversight and Internal Investigations Seminar 448 2
This seminar is intended to provide students with the knowledge and skills necessary to become effective practitioners in the fields of government oversight and internal investigations. In particular, this course will examine the role of the Department of Homeland Security, Office of Inspector General in protecting national security. Class sessions will rely on the case study method to illustrate relevant concepts related to internal investigations and program reviews. Discussion will focus heavily on Inspector General legal authorities, the report writing process, and effective interviewing techniques. In addition, collaborative partnerships are imperative to conducting oversight of domestic intelligence activities and national security investigations. Thus, legal authorities of the Department of Justice, the Office of the Director of National Intelligence, and the Department of Defense will also be discussed at length.
Law Practice Management 394 2

This course is intended to give students who intend to enter private practice the basic foundation in the business aspects of law necessary to enable them to operate their own practice or to become a financially productive member of a firm. The course will expose students to all aspects of the administrative and business side of a law firm whether the student wants to hang out a shingle or become a partner in a medium to large size firm. It will acquaint students with the practical and ethical issues surrounding billing, trust accounts, and collections; marketing for lawyers; and client interaction from the initial consult to conclusion of the representation. Classes will include lecture, discussion, interactive role playing, and written projects.

Law, Capitalism, Wealth, and Inequality 704 1

This one-credit course focuses on two recent, deep, and thoughtful books that explore the role that the law plays in creating both wealth and inequality. As practicing lawyers, students will have to handle the law—as an instrument—on a daily basis. This course is designed to help students to become better-informed users of the law and to show how strongly the law can shape the economy. Students will read and discuss two books in the course. Prof. Pistor’s book explores the role that the law—code—has played in supporting the creation of capital and capitalism. A different perspective is found in Prof. Baradaran’s book, which offers an enlightening discussion of the reasons behind the unsuccessful evolution of black capitalism

Leadership and Management Skills for Lawyers 082 1-2

This is a 1 or 2 credit course that helps to prepare law graduates for leadership positions in multiple contexts. Lawyers lead law firms, legislatures, non-profit organizations, businesses, government agencies, and a wide variety of other organizations and causes. Lawyers also exercise leadership roles heading teams, leading committees, overseeing projects, and advising clients who exercise managerial authority. While the need for lawyer-leaders with vision, values, and technical competence is evident, a traditional assumption was that leaders were born, not made, and law schools rarely devoted attention to leadership education. Today, it is well understood that leadership’s major competencies can be learned through understanding and practice. The course will address key issues in leadership to build awareness and habits that will prepare students for leadership and management roles and for success in the organizations and for the causes they may serve.

Legal and Economic Theory of Intellectual Property 264 2

A survey of the legal and economic theory of intellectual property including the common law premises for the protection of ideas and their embodiments and the evolution of statutory and judge-made law. The first half of the course concentrates on the underlying economic and property theory and law, and the second half develops the application to the statutory and common law classes of intellectual property: patents, copyright, trademarks, mask works, and trade secrets.

Legal Clinic - Mason Veterans and Servicemembers Legal Clinic (MVETS) 309 4

M-VETS enables students to assist active-duty members of the armed forces, their families and veterans in a wide variety of civil and administrative, litigation and non-litigation matters, including consumer-protection, landlord-tenant, family law, contracts, and military law and entitlement matters. Students are supervised by law school instructors or private practitioners with subject matter expertise, attend 2 hours of weekly classroom instruction and status meetings, and conduct an average of 6-10 hours per week (fall & spring), and 10-12 hours per week (summer), of out-of-class casework. Students registered for the fall or spring session of the clinic will receive four (4) total graded credits for this course, two (2) of which are “in-class” credits and two (2) of which are “out-of-class” credits. Students registered for the summer session of the clinic will receive four (4) total graded credits for this course, one (1) of which is “in-class” and three (3) of which are “out-of-class.” Visit for additional information. Application and permission of the Director are required for registration. Information about application deadlines and process is circulated prior to registration each semester. Although not dispositive, preference and priority may be given to students who express an interest in participating in M-VETS as Student Advisors for two (2) consecutive semesters (student may take M-VETS up to two times) and students who possess a third-year practice certificate or ability to acquire one, and who have completed Family Law, Virginia Practice, Trial Advocacy and/or Pretrial Practice.

Legal Fundamentals 178 3

This course, which is open to students in their final year, offers a substantive review of topics typically covered on the bar exam, along with practice exams and individual counseling on study techniques. The class is designed for students who need or want a supplement to other traditional methods of preparing for the bar exam. This course is not a substitute for the commercial bar courses that most students take after graduation. The learning methodology will be iterative, consisting of substantive lectures and materials followed by practice-testing and analysis. The course will begin by reviewing the Multistate Bar Examination (MBE) subjects; the majority of the course will then cover heavily-tested Essay Examination subjects. Although designed to meet the particular needs of Virginia applicants, much of the substantive coverage will be relevant for other jurisdictions as well. Practice-testing will include actual MBE and Essay Examination questions, and all substantive materials will be written by the instructor specifically for this course. Students will be able to monitor their progress during the semester, both individually and relative to their peers. All students will also meet individually with the instructor to discuss their progress and specific steps they can take to maximize their odds on the Bar Exam. Grading will be Pass/Fail (CR/NC) based on timely and complete submission of assignments. Students will be expected to complete weekly assignments and are advised to plan their time accordingly.

Legal Issues in a Global Pandemic 117 1-2

This course will survey the major legal issues raised by the recent pandemic. It will start by establishing a background in legal regulatory tools in contagious disease settings, and examine how such responses have been conducted in past epidemics. It will then examine various challenges to COVID-19 measures, including cases on religious liberty and other individual rights; freedom of travel; business closures; and the federal eviction and vaccination mandates, among other topics. 

Legal Practicum - Regulatory Comments 300 2

This course teaches students to effectively influence the U.S. federal rulemaking process. Students will learn a) how the federal regulatory process works, b) the role that public comments play in agency decision making, c) practical strategies for producing comments that are more likely to affect regulatory decisions than the typical comment submitted to the agencies, and d) the content and style of writing best suited to this aspect of administrative law.

Legal Practicum: Atrocities and Criminal Law 146 3

This practicum will focus on the prosecution of atrocity crimes in international and domestic law, including genocide, crimes against humanity, war crimes, aggression, and terrorism. The course will cover development of the law of these crimes as well as the institutional, political, logistical, and procedural challenges faced by prosecutors, defense lawyers, and judges who adjudicate these crimes. Through the practicum, students will develop expertise in substantive international and domestic criminal law, as well as other legal issues related to transitional justice for victims of atrocities. Students will also develop concrete skills and abilities needed to represent clients by undertaking projects involving real and/or simulated cases. The practicum will meet for two hours each week, and students will spend at least one additional hour each week pursuing related research and/or attending legal proceedings. Students will receive 3 credits for this letter-graded course, 2 in-class and 1 out-of-class.

Legal Practicum: Global Antitrust Regulatory Comments 304 3

This course provides students with the opportunity to engage in the global antitrust community by analyzing an active proposal by a competition agency or legislative body to modify existing competition law in a foreign jurisdiction. The course combines practical lectures with hands-on experience in research and writing comments on behalf of the Global Antitrust Institute (GAI), along with the GAI faculty. It is designated both a "Writing" ("W") and an "Experiential" ("E") course.

Legal Profession: Writing Under Pressure 081 1

Senior lawyers frequently say the best new lawyers are the ones who show up knowing how to listen and write on demand – that is, to receive an assignment and simply do it, pronto. The purpose of this course is to help you strengthen four listening and writing skills that will come in handy no matter what kind of lawyering you do. This course will be graded CR/NC. 

Legal Research & Writing (JM Only) 071 2

This course is designed to introduce JM students to legal research methods, knowledge of general legal concepts, and the art of reading and interpreting legal writing.  Students will learn the research, analysis and writing process through an assigned series of open and closed memoranda.  

Legal Writing for Law Clerks 201 1

This course is designed for students who are interested in securing or who have secured a judicial clerkship, and will explore the responsibilities of a judicial law clerk and provide practical training so that enrollees will hit the ground running when they start in chambers. Enrollees will study a range of writings including: articles by judges and scholars on the role of the judicial law clerk; judicial opinions written in various styles by judges from all levels of the judiciary; and briefs filed on both sides of pending cases. As part of the course, students will write a bench memo, a final judicial opinion, and give an oral presentation.

Legislation and Statutory Interpretation 266 2

An introduction to the theory and practice of statutory interpretation. This course begins with an examination of the process by which statutes are generated and the application of economic analysis to that process. The remainder of the course considers the implications of this analysis for a variety of legal issues arising in the interpretation and implementation of statutes, especially the principles and techniques of statutory construction.

Litigation and Dispute Resolution Theory 205 3

Provides the cornerstone of the Litigation Law track. It introduces the theory and practice of litigation and other forms of dispute resolution, and draws upon the basic tools of decision theory, game theory, and economic analysis to address some of the key features of the litigation process and its institutions. Among the topics addressed are the decision to commence litigation and whether to settle or go to trial; settlement negotiations; strategic behavior as affecting decision making by both private actors and the courts; economic analyses of litigation; agency or moral hazard problems presented by both lawyers and courts; the impact of attorney's fee arrangements, fee-shifting rules, and court-imposed sanctions; party versus court control of proceedings; and the effect of enforcement costs on competing substantive legal rules.

Litigation Law Track Thesis 271 2
Requires the student to develop, expand, and refine a research paper into an article suitable for publication in a law journal. This course is limited to students in the Litigation Track.
Local Government Law 272 3-4
Decision-making processes of local government bodies; types and authority of city, county, and special-function local government units; intergovernmental relations; organizational structure and modifications.
LRWA I - Introduction to Legal Research, Writing and Analysis 096 2
Introduces the student to research methods, analysis of legal concepts, and the art of legal writing. Students begin to learn the research, analysis and writing process through an assigned series of open and closed memoranda.
LRWA II - Trial Level Writing 097 3
Students continue developing their research, analytical and writing skills by working through a trial-level problem. Students will also participate in an oral argument.
LRWA III - Appellate Writing 098 2

Appellate Writing builds on the practical legal writing skills students mastered during their first year. This course provides an opportunity to perform in-depth legal research and a high level of legal analysis as students brief both sides of an appellate case and participate in oral arguments.

LRWA IV - Legal Drafting 099 2

Legal Drafting introduces students to research, analytical, and writing skills related to drafting legal documents that govern future behavior. In the transactional drafting class, students practice drafting skills used in private transactions by drafting and revising private party contracts. In the legislative and regulatory drafting class, students practice drafting skills related to public laws by drafting and revising statutes and regulations. Both classes emphasize modern drafting concepts and practical skills.

Mediation 279 2-3

This course focuses on the structure and goals of the mediation process and on the skills and techniques used to assist parties in overcoming barriers to dispute resolution. Skills are learned through readings and discussions of the theoretical bases for mediation and through interactive participation in simulations, exercises, and role plays. The course also examines the roles of attorneys and clients in mediation, ethical issues for lawyers and mediators, dealing with difficult people, power imbalances, and cultural considerations.

Mental Illness Law 357 2

This course covers various aspects of Virginia mental illness law. Class lectures, discussions, and assignments will cover the history of mental illness law, the involuntary commitment process in Virginia, how a mental illness diagnosis can affect constitutional rights, alternatives to involuntary commitment, guardianships/conservatorships, medication over objection orders, competency to stand trial, and civil commitment of sexually violent offenders. There is no textbook for this course. Assignments will include periodical articles, case law and law review articles.

Music Law 216 3

This course covers the broad range of legal issues at play in the music ecosystem—broadly construed as the chain of composition, performance, recording, distribution, and playback. Music recording and playback devices have often been at the forefront of each stage of media technology and so the course covers not only copyright issues, but also patents, other IP, and contract issues. The course will cover both policy considerations as well as practical skills aspects of representing different players in the ecosystem. Grading is based primarily on quizzes and legal document drafting.

National Security Impact of Immigration Law 401 2

This course will explore the relationship between national security and immigration. The course will first provide a historical backdrop of this issue and continue with threshold national security issues that have immigration implications. Particularly, the current legal framework that surrounds this issue will be explored to include specific provisions in the Immigration and Nationality Act, as well as peripheral legal issues such as material support of a terrorist organization. Other national security questions will be discussed to include protecting the borders, criminal immigration prosecutions, and population control. Lastly, this course will explore the conflict between individual rights and national security and attempt to answer the threshold question of whether it is appropriate to use immigration laws as a national security enforcement tool.

National Security Law 384 3

This lecture course will explore the distribution of national security powers amongst the three coordinate branches of government and engage students in understanding the laws and policies that govern the legality of war, military operations in wartime, intelligence collection, protection of national security information, foreign intelligence surveillance, covert action, special military operations, offensive counterterrorism operations, the detention, interrogation, and prosecution of terrorism suspects, including military commissions, the domestic use of the military, homeland security, cybersecurity, and other current issues in the national security area. The class will also include discussion of materials declassified in recent months relating to foreign intelligence collection and offensive counterterrorism operations, as well as materials previously declassified, and will examine the legal analysis supporting these specific efforts and the policy questions raised by them.

National Security Law Seminar 406 2

This course is identical to Law 384 with the exception that it is a 2 credit conducted as a seminar and will require a seminar paper.

Negotiation and Legal Settlement 303 3

This interactive course introduces students to the theory and practice of negotiations. Topics include strategy, ethics, communication, collaborative lawyering, deal-making, mediation and settlement of disputes. Students will be introduced to negotiation theory, including game theory, and develop negotiating skills by participating in simulations, analyzing bargaining behavior, discussing negotiation concepts and receiving critique. A particular focus will be the iterative process of text-based negotiations -- from contracts, to writing for publication, to international treaties. Negotiation simulations will focus on typical negotiation problems faced by lawyers such as the settlement of lawsuits and the negotiation of various business transactions. Grades are based on class participation and command of negotiation principles as demonstrated in simulations, as well as several writing assignments. The class is limited to 16 students. Class attendance is required. Note: Students must attend the first class in order to be enrolled.

Nonprofit Law 269 2

Introduces the regulation of nonprofit organizations from both the federal tax and state fiduciary regulatory standpoints. Students consider the major aspects of nonprofit regulation, including substantive law, and the major public policy controversies over the proper role of tax-exempt nonprofit organizations emerging today.

Partnership Taxation 282 2-3

Examines the taxation of partnerships and limited liability companies.

Patent and Know-How Licensing 286 2 Patent Law I

Covers the business and legal criteria necessary to implement and maintain successful patent licensing programs. Subject areas covered are business objectives in licensing; rights and duties of license parties; determining and negotiating the terms and clauses of the contract; administering and enforcing the license; antitrust and misuse constraints on the business and law of licensing; and special problems in trade secrets, know-how, and show-how contracts. Patent Law I is a prerequisite to this course.

Patent Law 338 4

This course provides an introduction to the basic principles of the law of patents in the United States. The course covers the history, origin and function of the patent system; the nature of patents as property and as legal instruments; comparisons with other forms of intellectual property; subject matter eligible for patenting; the conditions for patentability of an invention; the disclosure requirements for a patent application; the meaning and function of patent claims as property definitions; patent prosecution, including conduct giving rise to the unenforceability of a patent; post-grant procedures; infringement of a patent, including claim interpretation and acts giving rise to infringement; equitable defenses to a charge of infringement; remedies; patent enforcement; and patent misuse.

Patent Law I 284 2

Provides an introduction to the basic principles of the law of patents in the United States. Covers the history, origin and function of the patent system; the nature of patents as property and as legal instruments; comparisons with other forms of intellectual property; subject matter eligible for patenting; the conditions for patentability of an invention; and the disclosure requirements for a patent application.

Patent Law II 292 2 Patent Law I

A continuation of Patent Law I. This course focuses on the meaning and function of patent claims as property definitions; patent prosecution, including conduct giving rise to the unenforceability of a patent; post-grant procedures; infringement of a patent, including claim interpretation and acts giving rise to infringement; equitable defenses to a charge of infringement; remedies; patent enforcement; and patent misuse. Patent Law I is a prerequisite to this course.

Patent Litigation and Dispute Resolution Seminar 438 3 Patent Law I

The course covers all core stages of a patent infringement action--from the filing of a complaint, to trial before judge and jury. Students work together as a litigation team representing one party in a patent infringement case against a team of students from Suffolk Law School in Boston. The course culminates in a trial either in DC or in Boston depending on the year. Throughout the semester, the students participate in the various aspects of the case including drafting pleadings, working on written and document discovery, briefing and arguing claim construction (before a judge), taking and defending depositions, preparing expert reports, drafting summary judgment motions, and presenting at trial. A wide variety of roles and responsibilities are available and involve varying degrees of writing, research, and oral advocacy skills. Patent Law I is a prerequisite for this course.

Patent Litigation at the ITC 349 2 Patent Law I

This course provides an in-depth examination of the U.S. International Trade Commission and its adjudication of patent litigation disputes under Section 337 of the Tariff Act of 1930. The course will focus on all aspects of litigation at the ITC, from the institution of an investigation under Section 337 through the Commission’s review of an Administrative Law Judge’s decision, as well as key Federal Circuit decisions involving the ITC. Students will not only learn the unique procedures of the ITC, but will also be exposed to policy considerations and the practical application of U.S. patent law in ITC investigations. Patent Law I is a prerequisite for this course.

Patent Office Litigation 306 2

The recent passage of the Leahy-Smith America Invents Act (AIA) has shifted the battleground of certain patent challenges from district court to the USPTO by creating new, more powerful, fast-track, litigation-like review proceedings, including post-grant review, inter partes review, and the transitional program for covered business method patents. This course will cover practical aspects of how patent office litigation proceedings are used on their own and in conjunction with district court litigation to achieve client aims. The course also explores the interface between the proceedings and the district courts, the USITC, and the Federal Circuit, presents hypothetical scenarios addressing situations that are expected to occur, and provides an overview of comparable proceedings in selected countries to provide students with an international perspective. The course will involve lecture with frequent opportunities for student input and consideration of how to counsel clients on available patent office litigation options and limitations. Practical strategies and a working case study for analysis will be used. Patent Law I and Patent Law II are recommended for this course.

Patent Prosecution 294 2 Patent Law I, Patent Law II

This course builds upon Patent Law I and II by providing an in depth analysis of the substantive and procedural law relating to the prosecution of patent applications in the Patent and Trademark Office. The course emphasizes various strategies for responding to office actions, avoiding and overcoming objections and rejections, and avoiding prosecution history estoppels arising under Supreme Court and Federal Circuit case law. The course stresses how patent prosecution affects the value of patents. Patent Law I and Patent Law II are prerequisites to this course.

Patent Remedies 285 2 Patent Law I, Patent Law II

This seminar studies examines the legal doctrines and theoretical principles comprising remedies for infringement of patents. The seminar will study both legal and equitable remedies: damages (lost profits and reasonable royalties) and injunctions (preliminary and permanent). It will also study related remedies doctrines, such as enhanced damages, and attorney fees. Among these legal topics, the seminar will address “hot topics” in patent remedies, such as the remedies available to owners of standard essential patents committed to FRAND licensing, patent holdup, and patent trolls. The purpose of this seminar is to gain a better understanding of the theoretical, policy, and economic justifications for patent remedies doctrines. Remedies are not only the primary reason why a patent owner pursues an infringement claim in court, they are also the legal framework that defines the incentives (or disincentives) in commercial negotiations that comprise patent licensing.

Patent Writing Theory and Practice 351 2 Patent Law I, Patent Law II

This course applies principles learned in earlier patent law courses to the writing of applications for patents to accord them their maximum legal effect. The readability of patents by lay judges and jurors is also stressed. Patent Law I and Patent Law II are prerequisites to this course.

Perspectives on Regulation 289 2-3

This course introduces students to regulatory institutions and the political economy of regulatory processes. With this foundation, students will examine current or proposed regulation and the costs, benefits, and incentives they create.

Perspectives on the Individual, Family, and Social Institutions 344 2-3

Wealth (capital) creation and transmission in the context of the individual rather than the firm unifies this sequence. Wealth, in the broad sense considered here, means not only the person's accumulation of financial assets but also his or her earning capacity, moral values and contributions to society. Although much of the approach will be law-and-economics based, other disciplines will necessarily inform the discussion as well. Biology, sociology, political science, history, and philosophy all will play a part.

Perspectives on the Individual, Family, and Social Institutions Seminar 429 2

This course is identical to Law 344 with the exception that it is conducted as a seminar and will require a seminar paper.

Poverty Law Field Program 202 4

The Poverty Law Field Program, offered in partnership with Legal Services of Northern Virginia (LSNV), provides students with first-hand experience practicing poverty law — laws that apply particularly to the poor and disadvantaged members of our community in the most important aspects of an individual’s life: housing (preventing homelessness and ensuring habitable living conditions); safety (protective orders for the health and safety of families); financial stability (consumer protection matters which combat illegal business tactics and protect limited income); and elder advocacy (assisting senior citizens with personal declarative documents, fighting elder abuse, and nursing home discharge matters).

The course will be year-long (fall and spring semesters) with students earning four letter-graded credits each semester (for eight credits total). Two credits each semester will be in-class credits, and two credits will be out-of-class. The course is open to students who have completed their first year of law school. There are no course prerequisites.

Presidential Criminal Liability 749 2

This class involves an in-depth look at the legal issues that surround potential criminal liability for current and former Presidents. The class will utilize both historical cases such as Watergate and the Monica Lewinsky Scandal, as well as current events (including the four pending indictments against former President Trump). This class will explore substantive legal issues (such as racketeering and conspiracy principles, the overlap between civil and criminal law, etc.); evidentiary law (e.g. the admissibility of coconspirators statements); constitutional law (e.g., indicting a former President, First Amendment Considerations, search warrants and legal process); and procedural law (e.g., investigative grand juries, the federal removal statute, federal vs. state prosecution, “flipping” codefendants, etc.)

Pretrial Practice 368 2

This course is designed for students with an interest in pursuing a career in litigation. The class is divided into two law firms that litigate against each other in two cases - a tort case and a contract case. Each firm represents the plaintiff in one case and the defendant in the other. Students review and then practice the major steps in the pretrial litigation process including litigation planning, informal fact investigation, legal investigation, pleading, all facets of discovery, pretrial motions, and settlement strategy.

Privacy and Information Security Law 243 2

The course explores the rapid development of the law governing the use and disclosure of personal and other information by government entities and private sector parties. The course also examines the emerging law regarding the obligation to protect information from misuse or access by unauthorized third parties and liability arising from such misuse or access.

Private Equity 246 2

This course explores the role of private equity investors in global financial markets today.  This course will focus primarily on venture capital funds but will also discuss buyout funds.  We will discuss the structure of private equity funds, as well as private equity compensation arrangements and investment strategies.  We will also gain an understanding of private equity fund formation and private equity venture capital portfolio company transactions.  We will also discuss the regulatory environment for private equity investors, including with respect to the Securities Act of 1933, the Investment Company Act of 1940, the Investment Advisers Act of 1940, and other relevant laws and regulations.  We will discuss a number of other issues of current interest in the private equity arena.

Professional Responsibility 298 2
A study of the activities and responsibilities of lawyers and their relationships with clients, the legal profession, the courts, and the public. Problems of professional responsibility are treated in several contexts, e.g., the lawyer's duty to the client, the provision of adequate legal services to all, and the reconciliation of the lawyer's obligations to the client with the demands of justice and the public interest. 2 credits.
Property 104 4
This required course is a survey of the law of property. It emphasizes the process and rationale for the creation of private interests in tangible, intangible and intellectual property; the Anglo-American system of estates in land (including landlord-tenant law and future interests); transfers of land (including the real estate contract and deed); and methods for title assurance (including deed covenants, the recording system, and title insurance).
Prosecuting Terrorism & Cases Involving National Security Seminar 419 2

This course analyzes the tools used to investigate and prosecute acts of terrorism and violations of national security laws. A research paper is required. The class is designed to highlight in practical terms the tension between protecting the nation’s security versus protecting privacy and individual liberties. The course utilizes the “9-11 Commission Report” to give context for modern day investigations and prosecutions. It looks at constitutional issues associated with searches, seizures, confessions and freedom of the press. It looks at electronic surveillance techniques, the use of classified information at trial, and substantive statutes used to prosecute cases.

Public Choice and Public Law Seminar 445 2-3
Provides students with a critical introduction to and analysis of public-choice and social-choice literature and relates covered concepts to actual cases, statutes, and legal doctrines. Covered topics will include structural and evolutionary analyses of state and federal legislative decision-making processes; structural and evolutionary analyses of judicial decision-making processes, including the doctrines of stare decisis and justiciability; evaluating public choice and social choice based proposals to expand the reach of federal judicial review; examining the proper role, if any, of interest group theory in constitutional and statutory interpretation; delineating the spheres of public and private law; examining the role of public choice and social choice in developing a structural analysis of separation of powers and federalism; and evaluating the competing roles of efficiency and cycling on the evolution of legal doctrine. Specific coverage may vary from year to year.
Public Interest Litigation 217 2

Introductory class teaching students the history, goals, and strategies of public-interest litigation, as well as the nuts-and-bolts of effective public interest advocacy. During the course, students will learn how to draft a complaint, identify and contend with various doctrines such as ripeness and standing, and deal with ethical issues relevant to pro bono public interest representation.  Grading is based primarily on a series of written assignments.

Racial Equity Audits 214 2

ESG is the intersectionality of environmental, social, and governance issues in a company’s operations. At its core, ESG is a tool to measure a company’s risks and value proposition. ESG initiatives have the power to create sustainability, mitigate risk, and create long term value for investors and stakeholders.

Human capital management and racial equity audits are the latest ESG tools being deployed in the marketplace. Human capital management disclosures allow investors to assess the extent to which companies invest in their workforce. Students will explore which aspects of human-capital management resources are material to a business and its investors against the backdrop of concerns raised by stockholders or other stakeholders.

Racial equity audits assess a company’s policies, practices, and products or services in relation to racial equity outcomes. Students will examine the evolution of racial equity audits, explore how racial equity audits fit within the ESG paradigm, and delve into the practical implications of conducting such an audit including, but not limited to, crisis management and international considerations.

Readings in Legal Thought 342 1

Students read works representing varieties of modern legal thought, which may include empirical legal studies, economic analysis of law, legal history, comparative law, and studies of the legal profession. The course will not meet weekly but will meet on assigned dates over the course of the semester as determined by the instructor. For each meeting students submit a brief reaction paper (5-6 pages) and read each other's reaction papers, on the basis of which two or three student volunteers will prepare a discussion outline in advance of the meeting. JD students who have taken the course once may enroll a second time because course content changes semester to semester.

Real Estate Finance 295 2 Property

A study of the basic elements of construction, development, and permanent financing that uses real estate as security for the financing. This course will examine the real estate finance transaction from a practitioner's viewpoint and will cover the laws governing and normal documentation utilized in a real estate finance transaction, negotiation skills, title insurance, remedies, and other facets of a real estate secured loan. Property is a prerequisite for this course.

Refugee and Asylum Law 313 2

This course will cover the international and U.S. refugee law regime, with a focus on asylum law in the United States. The course will trace the history and development of the United Nations 1951 Refugee Convention, the 1967 Protocol, and the U.S. Refugee Act of 1980. Students will become familiar with the key actors in the asylum and refugee law arena, including the United Nations High Commission for Refugees, international non-governmental organizations, the U.S. Congress, the Departments of Homeland Security and Justice, and the federal courts. Students will gain an understanding of the refugee definition as interpreted in the U.S.

Regulated Industries 315 2

Surveys the legal and economic foundations of the various forms of regulation. The origin and development of both economic and social regulation are analyzed.

Regulation of the Tech Economy 318 2

This course will allow students to explore the laws, regulations, and evolving legal precedents impacting tech-based work, including ride-share, social marketing, home/asset share, and app-based work. Students will explore worker classification schemes, benefits and protections to gig workers, and discrimination and workplace safety issues specific to gig and app-based work. Students will learn about the use of algorithms in managing tech-based work, including the potential for unfair practices. Students will also learn about contract, privacy, speech, defamation, property, and e-discovery implications of the social media economy.

Regulatory Law Track Thesis 443 2
Requires the student to develop, expand, and refine a research paper into an article suitable for publication in a law journal.
Remedies 314 3

A legal and economic analysis of remedies given in legal proceedings. The coverage includes the forms of legal and equitable remedies, the substantive law of restitution, and methods for the measurement of damages and corresponding problems of nonmonetary forms of remedy.

Role of the Prosecutor 223 2

This course will examine the role of the modern prosecutor through readings, discussions, and guest speakers. We will address the limits and scope of prosecutorial power, the degree to which prosecutors shape the criminal justice system, the significance of electoral politics in selecting prosecutors, and the relationships between prosecutors and other actors in the criminal justice system such as police, legislators, judges, defense counsel, victims, and the communities prosecutors serve. We will also touch on prosecutorial ethics and the challenges today’s prosecutors face in their mission to be “Ministers of Justice.”

Sales 312 2
This course reviews formation issues treated in Contracts from the perspective of UCC Article 2 (Sales) and focuses on critical Sales issues not addressed in Contracts, namely performance (delivery and payment), title to goods, third party rights, and quality and warranty. It also provides an introduction to the UN Sales Convention, which the US has adopted.
Scholarly Writing 510 2

Scholarly Writing introduces students to writing and editing for scholarly legal journals. The primary emphasis of the course is the mechanics of writing a publishable quality case note or comment in one of George Mason's legal journals. The course also introduces students to editing and source checking professional pieces selected for publication by the journals. Scholarly Writing therefore seeks to improve the legal writing and editing skills of individual students, as well as the overall quality of George Mason’s legal journals. Beginning Fall 2024, students must be in the top 50% of their class at the end of their first academic year to be eligible to enroll in Scholarly Writing. Students receive two (2) total credits for this class. One (1) credit is “in-class” and one (1) credit is “out-of-class.” Course is graded “CR”.

Scientific & Expert Evidence 345 2 Evidence

This course examines the nature of scientific evidence, the recent revolution in the scientific gate-keeping role for judges following the Supreme Court’s decision in Daubert, and a variety of controversies regarding the admissibility and weight of particular types of expert testimony. After covering the basic legal tests for the admission of scientific evidence, we will proceed to examine several recurring topics in the law of expert testimony. We will give special attention to questions of scientific identification (common in criminal cases) and questions of scientific proof of causality (common in products liability and toxic tort cases). We will also consider common types of expert evidence from the behavioral sciences, including syndrome evidence and evidence regarding defects in human memory. In each instance we will examine the bases for claims of expertise and survey how these claims have fared in the courts.

Secured Finance 322 3
Explores the law and economic consequences of secured finance. The principal focus is on the Uniform Commercial Code's Article 9 (on security interests in personal property) and its influence on financial transactions between debtors and creditors. Includes examination of how bankruptcy law affects secured credit.
Securities Law and Regulation 317 3

Examines the disclosure system and securities market regulation, including registration, exemptions, and remedies under the Securities Act of 1933; reporting and accounting standards under the 1934 Act; the proxy system; Section 16(a) reporting; state "blue sky" laws; and the regulation of broker-dealers, specialists, and self-regulatory organizations.

Select Issues in Jurisprudence 290 2

This course explores questions regarding the nature of law and legal values, and considers how the answers to those questions should inform the practice of law—whether by judges, lawyers, or ordinary citizens. The goal of classroom discussions will be to foster rigor, precision, depth of thought and deeper insight into some of the most basic questions about law.

Separate Writings: The Form, Function, and Effect of Separate Opinions 727 1

This course will study the form, function, and effect of separate writings by judges (i.e., opinions that are not opinions of the court, but rather the opinion of only the judge or judges signing onto them). Concurring and dissenting opinions are often overlooked because of their lack of precedential value, but they serve important purposes in the development of the law and can also affect the scope of a majority opinion. This course is well suited for aspiring law clerks and litigators. 

Separation of Powers 373 1

This course will introduce students to the separation of powers issues inherent in the American system of government.  The course will include an examination of the historical and pre-Constitutional understandings of the various functions, roles, and structures of government, including the philosophical underpinnings of the approaches considered by the Framers for the American constitutional system.  The course will look at the various approaches, both as a legal and policy matter, taken to the separation of powers, as well as judicial decisions addressing these matters.  The course will cover separation of powers issues related to a range of areas of law, including specifically national security and administrative law.

Separation of Powers: The Political Branches Seminar 664 2 Constitutional Law I: Structure of Government

This course is an advanced seminar examining the separation of powers between the legislative and executive branches building on topics addressed in Constitutional Law I: Structure of Government, which is a prerequisite for the course. Beginning with a brief overview of broad separation of powers concepts foundational to the ratification of the Constitution, the course will cover contemporary practice and constitutional questions related to the balance of power among Congress, the White House, and executive branch agencies. Specific topics will range from the locus of national security authority and the President’s Commander-in-Chief role to emergency powers, the role of congressional appropriations in shaping executive branch practice, and congressional and inspector general oversight authority, to a study of overarching principles that govern the relationship of the White House with executive agencies and commissions. Course content will incorporate constitutional principles underlying the division of authority between the two political branches as well as insight from the instructors’ high-level government service. The course includes a 25-page writing requirement.

Sexuality and the Law 390 2

This course will cover developments in sexual orientation and gender identity law with an emphasis on current legislative developments. Topics to be discussed include employment discrimination, U.S. Military policy, marriage, and hate crimes. Participants will be encouraged to examine sexuality in the context of constitutional protections and limitations.

Space Law 261 2

This course allows students to explore the law that governs the use of outer space. This includes an understanding of the basic physics of space (including where space begins), the early history of human activity in space, and the key issues that propelled nations to enter into key outer space treaties. Students will learn to analyze whether treaty provisions are self-executing or require domestic legislation to become the force of law. From there, students will be introduced to the U.S. domestic law and regulatory agencies that regulate outer space activities. Students will explore such issues as the extraterritorial application of U.S. laws, the tragedy of the commons of orbital debris, and the role and limitations of military uses of outer space.

Sports Law 392 2

This course explores the relationship between various legal disciplines and the business of professional, Olympic, and amateur sports. Course topics include: league commissioners' scope of authority; player discipline and grievances; NCAA regulation of college sports and eligibility rules for college athletics; the fundamentals of Title IX and gender equity; an overview of the Olympic movement and Olympic sports organizations and issues; an introduction to antitrust law and its omnipresent role in the business of professional and amateur sports (the development of the baseball and labor exemptions, an overview of player restraints (drafts, restrictions on free agency, discipline, etc.) and disputes both between leagues and among the teams in a league); contract issues in professional sports, duties and regulation of agents; limited aspects of player-league labor relations and collective bargaining agreements; athletes', teams', and leagues' intellectual property rights. No prior knowledge of antitrust or labor law is necessary.

Startup Law 354 2

This course will follow the lifecycle of the startup company. Students will examine core legal and business issues facing startup companies, including in relation to formation, fundraising, scaling, operations, and exit. The Startup Company Law class will also work tasks associated with establishing the Spring 2025 Startup Company Clinic as a startup endeavor. The Fall 2024 Startup Company Law class will be a semester-long letter-graded course. Students must have taken Business Associations (or commit to concurrent enrollment), or possess substantially equivalent experience as determined by the instructor.

State and Local Taxation 359 2

This course introduces students to the law of state and local taxation. Taxes covered include the real property tax, state personal and corporate income taxes, and sales taxes. Important concepts taught in the course are the federal statutory and constitutional limits on a state's jurisdiction to reach beyond its borders to tax out-of-state taxpayers. Important current developments covered will include recent case law, the creation of the Streamlined Sales Tax Project (SSTP), the impact of the Internet Tax Freedom Act and the influence exerted by the Multistate Tax Commission (MTC).

State Attorneys General Seminar 624 2
This seminar course will cover the history, powers and duties, and initiatives of the state Attorneys General around the country. It will begin with an overview of the history of the Office of Attorney General, followed by a survey of the law and related issues pertaining to the jurisdiction, powers and duties of the Office and its role in state government. Over the course of the semester, a number of contemporary issues regarding the state Attorneys General and their enforcement authority in antitrust, consumer protection, criminal law and environment as well as in state-federal relationships will be discussed. Distinguished guest lecturers, who will offer insight on various high profile topics of interest, have been invited, including Attorneys General, former Attorneys General, and other members of the legal community.
State Constitutional Law 087 2

This survey course explores the nature and significance of state constitutional law, specifically including examination of recent cases and hot topics in the field. It is a subject that has long lived in the shadow of federal constitutional law but that has become increasingly relevant in recent years. The course covers rights and structure, and in both settings it compares the federal model to the various state models. Of particular emphasis is the role of the state courts in protecting liberty and property rights under their own constitutions, and most notably whether they should construe these guarantees to offer protections that the federal courts have not provided in construing the federal constitution. This gives us the occasion to take up the most active debate in state constitutional law over the last several decades: the responsibilities of state courts when interpreting state constitutional provisions that live in the shadow of their counterparts in the federal constitution, especially the weight to be given to the U.S. Supreme Court's interpretations of the federal provisions. Particular attention will be given to a variety of current issues in state constitutional law, including litigation involving school funding, marriage, property takings, criminal procedure, and the free exercise of religion, among others. The course also will consider the amendment procedures of the state constitutions, the election of state court judges, the non-unitary executive under most state constitutions and other structural issues.

Statistics for Lawyers 301 3

Statistics for Lawyers (formerly Quantitative Forensics) considers the principles of statistics and econometrics and their application to a wide range of legal applications. Topics include statistical evaluation of forensic and economic evidence and their relationship to the rules of procedure, to the rules of evidence, and to burdens of proof.

Structure of Liberty Seminar 425 2

This seminar will examine the manner in which constitutions may be designed to protect liberty, with an emphasis upon and a close reading of the debates of the Framers at their Convention in Philadelphia in the summer of 1787. The debates are the greatest and least read set of deliberations upon liberty and democracy, and have the excitement of a fine detective novel. The course will also examine the empirical literature of how presidential and parliamentary regimes have fared, when it comes to protecting liberty, and students will read Bagehot’s The English Constitution. The seminar will end with a look at the expansion of executive power in the U.S.

Supervised Externship - Capitol Hill 525 3

This course is identical to Law 325 with the exception that students in Law 525 are compensated for the work being performed during their externships.

Supervised Externship - Capitol Hill 325 3

George Mason’s Supervised Externship — Capitol Hill program presents students with the opportunity to experience the intersection of law and policy by earning credit for unpaid work in Capitol Hill offices or committees; in government affairs offices of agencies, corporations, or nonprofits; trade associations; in lobbying firms, and with government affairs groups within law firms. Scalia Law has a rich history of graduates with prominent positions “inside the Beltway” and through this program students will be introduced to the extensive alumni network of the Scalia Law Capitol Hill Law & Economics alumni group. Students who have secured their own positions with the employers described above or students who would like assistance with placement are eligible for this program. Adjunct professor David Landers, Class of 1993 and Vice President, Government Relations, Managed Funds Association, directs this program, determines individual placements, monitors students’ progress, and coordinates with field supervisors. This pass/fail program is offered in Fall 2014 and will be offered in the spring pending faculty approval. Students will earn 3 out-of-class credits for 180 hours of fieldwork. Space is limited for those students seeking placements. Applications to be placed are available through Career & Academic Services. Students seeking placement may participate in this program twice, subject to space and professor's approval. Students who have secured their own placements may participate more than two times. For more information about the program’s requirements and application process, please see the Supervised Externship - Capitol Hill Information Packet at Supervised Externship - Capitol Hill.

Supervised Externship - Fall/Spring/ Summer 520 2

This course is identical to Law 320 with the exception that students in Law 520 are compensated for the work being performed during their externships.

Supervised Externship - Fall/Spring/ Summer 521 3

This course is identical to Law 321 with the exception that students in Law 521 are compensated for the work being performed during their externships.

Supervised Externship - Virginia Practice 579 3

This course is identical to Law 179 with the exception that students in Law 579 are compensated for the work being performed during their externships.

Supervised Externship - Virginia Practice 179 3

Through this program, students are placed as interns throughout Northern Virginia, including in Judges' Chambers, the Office of the Public Defender, the Office of the Commonwealth's Attorney, a City or County attorney’s office, Legal Aid, or in a private attorney's office. Heavy emphasis is placed on developing students’ litigation skills. Senior Lecturer in Law Michael L. Davis directs this program, determines individual placements, monitors students’ progress, and coordinates with field supervisors. This pass/fail program is offered year-round, and students will earn 3 out-of-class credits for 180 hours of field work. Space is limited. Students must submit an application to CAS and interview prior to registering for this program. Applications are available through CAS. Students may participate in this program twice, subject to space and professor's approval. For more information about the program’s requirements and application process, please see the Supervised Externship - Virginia Practice. For more information on the role and responsibilities of a Supervising Attorney in this program, please see Guidelines for Supervising Attorneys found at Supervised Externship - Virginia Practice

Supervised Externship-Fall/Spring/Summer 320 2

Through this program, students have undertaken externships in such varied places as the U.S. Department of Justice, the Federal Communications Commission, Capitol Hill, the Nature Conservancy, the Recording Industry of America, a variety of federal and state courts, the Alexandria Commonwealth Attorney's Office, the U.S. Patent and Trademark Office, Legal Services offices across the country, and more. Students secure these unpaid internships on their own in a variety of ways, including through the job posting information available in Career & Academic Services and networking. This pass/fail program is offered year round, and students may earn 2 out-of-class credits for 120 hours of field work completed over the course of a semester or 3 out-of-class credits for 180 hours of field work. Students must attend tutorials during the semester. Students may register for this program after having their internship and field supervisor approved by the course instructor. For more information about the program's requirements and application process, please see the Externship Information Packet at Supervised Externships - Fall, Spring, Summer. For more information on the role and responsibilities of a Supervising Attorney in this program, please see Guidelines for Supervising Attorneys at Supervised Externships - Fall, Spring, Summer.

Supervised Externship-Fall/Spring/Summer 321 3

Through this program, students have undertaken externships in such varied places as the U.S. Department of Justice, the Federal Communications Commission, Capitol Hill, the Nature Conservancy, the Recording Industry of America, a variety of federal and state courts, the Alexandria Commonwealth Attorney's Office, the U.S. Patent and Trademark Office, Legal Services offices across the country, and more. Students secure these unpaid internships on their own in a variety of ways, including through the job posting information available in Career & Academic Services and networking. This pass/fail program is offered year round, and students may earn 2 out-of-class credits for 120 hours of field work completed over the course of a semester or 3 out-of-class credits for 180 hours of field work. Students must attend tutorials during the semester. Students may register for this program after having their internship and field supervisor approved by the course instructor. For more information about the program's requirements and application process, please see the Externship Information Packet at Supervised Externships - Fall, Spring, Summer. For more information on the role and responsibilities of a Supervising Attorney in this program, please see Guidelines for Supervising Attorneys at Supervised Externships - Fall, Spring, Summer.

Supreme Court Clinic 185 4 Constitutional Law I: Structure of Government

The Supreme Court Clinic provides pro bono legal representation before the United States Supreme Court. The year-long course will provide George Mason law students with the opportunity to work closely with supervising attorneys from Consovoy McCarthy PLLC to identify cases of interest, research legal issues, and draft Supreme Court briefs on behalf of parties and amici at both the certiorari and merits stages. In addition to working with supervising attorneys on Supreme Court cases, students accepted into the course will receive classroom instruction, analyze federal and state appellate decisions for possible litigation opportunities, and attend at least one Supreme Court argument per Term.

This will be a year-long, letter-graded course, with two credits awarded each semester. Students must enroll in both courses each semester. Students must have completed Constitutional Law I: Structure of Government in order to be eligible for the clinic.

Surveillance Law 731 2

This course will expose students to laws and policies relating to government surveillance, from traditional criminal wiretaps to high tech surveillance conducted as part of the global war on terrorism. The course will involve a survey of the Fourth Amendment’s search and seizure case law and the application of that body of law to government surveillance efforts. Issues discussed will include: wiretaps in drug and organized crime cases; warrantless surveillance programs in the ’60-‘70s; legislative efforts to constrain surveillance; the expansion of government surveillance following the attacks of 9/11; and the implications of new surveillance technologies in an increasingly cyber- and technology-oriented world.

Surveillance Law Seminar 641 2

This seminar course will expose students to laws and policies relating to government surveillance, from traditional criminal wiretaps to high tech surveillance conducted as part of the global war on terrorism. The course will involve a survey of the Fourth Amendment’s search and seizure case law and the application of that body of law to government surveillance efforts. Issues discussed will include: wiretaps in drug and organized crime cases; warrantless surveillance programs in the ’60-‘70s; legislative efforts to constrain surveillance; the expansion of government surveillance following the attacks of 9/11; and the implications of new surveillance technologies in an increasingly cyber- and technology-oriented world.

Tax Policy Seminar 446 2

This course offers an introduction to the principal policy considerations that arise by the efforts of governments to raise revenue. The topics addressed include the merits of different tax systems (e.g., income and consumption taxes), questions of tax administration and legal complexity, and the efficiency implications of taxation. The course involves reading and commenting on research articles that have been published in the areas the course examines.

Theories and Evidence of How the Internet Has Changed Society Seminar 666 2

The Internet has had a profound effect on political, economic, and social relationships, and the law is in a state of transformation as a result. Policy benefits from a good understanding of these social changes, particularly since people often hold conflicting theories about the impact of the Internet on society. In this course, the class will examine a range of theories about the Internet's impact on society, including its effect on beliefs, political organization, education, employment, markets for goods and services, privacy, physical and financial security, and equality. The course will begin with a set of readings on the theoretical and empirical support for a set of claims about the Internet, but ultimately the course will be a collaboration in which the instructor and the class jointly identify and assess the available evidence that can test the strength or weakness of competing theories. Students will integrate what they have learned into policy white papers that take and defend a position about how the Internet should or should not be regulated. 

Topics in Environmental Policy 139 2 Administrative Law

An examination of environmental policy looking at historical issues, and alternating with current topics. Topics may include the role of external influencers, regulatory processes, the Clean Air Act and climate change, the Clean Water Act and water infrastructure, chemical legislation and PFAS, waste issues and Superfund, agriculture policy, and energy policy. Students will be required to lead presentations on either an environmental case or recent/pending regulatory issue. In addition, students will be required to draft advocacy pieces as well as detailed comments for a federal regulatory rulemaking.

Topics in Securities & Governance 745 1 Securities Law and Regulation

This course will explore the evolution of the in-house securities, governance and disclosure function and the key role this function plays in the ecosystem of a publicly-traded company in the United States. We will explore the key legal and regulatory frameworks within which the role operates; other third-party standards relevant to the role (including stock exchange listing standards, institutional investor and proxy advisory voting policies and ESG rating firms criteria); the interaction of the role with internal and external stakeholders such as directors, executive officers, auditors, compensation consultants, attorneys, shareholders, activists, proxy advisory firms and ESG rating firms; and best practices for addressing legal and stakeholder requirements while also efficiently and effectively supporting the purpose, strategy and operation of the business. The course will focus in particular on the dynamic and evolving nature of the role and its opportunity to contribute to the success of a public company. Securities Law and Regulation is a prerequisite for the course.

Torts 110 4
This course examines the fundamental principles of legal obligation in the absence of voluntary contract or family relationship. In such circumstances, why, when, and to what extent should one person ever be financially liable to another? The legal rules and doctrines are considered in themselves and in relation to moral philosophy, political theory, and economics.
Trade Secrets Law 347 1-3

Considers the law and theory applicable to protection of confidential business information ranging from computer programs and manufacturing processes to customer lists. Covers reverse engineering of products; invention/idea submissions from employees and outsiders; employment agreements; consultant agreements; considerations regarding drafting of agreements; remedies; defenses; misappropriation; trade secret-defeating publications versus patent-defeating publications; implied and express duties of confidentiality; trial tactics; use of trade secret clauses to effect non-compete agreements; the inevitable disclosure doctrine; Federal Economic Espionage Act of 1996; and various public policy considerations associated with the foregoing. The procedures and requirements for preserving trade secret protection for confidential business information are reviewed. The economics of trade secret law is considered relative to other types of protection such as patents and copyrights.

Trademark Law 327 2-3

Covers procedural and substantive law in obtaining trademark registrations in the U.S. Patent and Trademark Office and enforcement and licensing of federal and state registrations after they are obtained.

Trial Advocacy 328 2 Evidence

This course trains students in the preparation and presentation of evidence in jury and non-jury trials. Evidence is a prerequisite and the course is graded "CR". Students who have previously taken Law 329 Trial Advocacy for Competitors may not register for this course.

Trial Advocacy for Competitors 329 2 Evidence

This course focuses on the same matters as Trial Advocacy, but its enrollment is limited to students participating in an extramural trial advocacy contest during the semester in which they register to take the course. All students must receive permission of the instructor to register. All students must also have taken Evidence as a prerequisite or be taking Evidence during the same semester they enroll. As of Fall 2016, students will receive two (2) total ungraded (CR/NC) credits for completing this course: one (1) credit is "in-class" and one (1) credit is "out-of-class." Students may participate in Trial Advocacy for Competitors a maximum of two times, subject to instructor approval, or one time if the student has already taken the non-competitor Trial Advocacy course.

Trusts and Estates 330 3-4

This course examines the law and practice of private wealth management and transmission, typically within the family, and often across generations.  Among the topics covered are: (1) the policy basis of inheritance and the changing character of intergenerational wealth transfer; (2) intestate succession; (3) the evolving definitions of “spouse” and “child” and their effect on the interpretation of wills and trust instruments; (4) the execution and revocation of wills; (5) the rise of will substitutes, including revocable trusts, life insurance, and pension and retirement accounts; (6) spousal protection against disinheritance; (7) the creation, modification, and termination of trusts; (8) the fiduciary duties of trustees; (9) the nature of a beneficiary’s interest in trust, the range of the trustee’s discretion, and the rights of a beneficiary’s creditors; and (10) the particular rules applicable to charitable trusts.

Virginia Practice 334 3 Civil Procedure

This course examines the rules of civil and criminal practice in Virginia, with emphasis in such areas as pleading, process, distinction between law and equity, statutes of limitation, pretrial discovery, venue, extraordinary writs, and appellate practice. Presentation of motions and strategies from procedural standpoints are included. Prerequisite: Civil Procedure.

Virginia Remedies 333 3

This course examines the law of remedies, including remedies at law and equitable remedies as separately administered in Virginia courts within current Rules of Court concerning the Unification of Practice in Circuit Courts. Will include statutory remedies that follow equity practice, such as Mechanic's Liens, but not major areas, such as Family Law or Decedent's Estates which are separate courses. This course is not a substitute for Virginia Practice, but Virginia Practice is a logical preparation for it.

Vis International Commercial Arbitration Moot 127 1-2 International Commercial Arbitration

The Willem C. Vis International Commercial Arbitration Moot, held in Vienna, Austria, is an annual competition of teams representing law schools throughout the world (the "Moot"). The goal of the Moot is to foster the study of international commercial law and arbitration for the resolution of international business disputes and to train future law leaders in methods of alternative dispute resolution. This course prepares students to compete in the Moot. Students will meet weekly with the course instructors to learn more about how international commercial arbitration, and the Vis International Moot specifically, is conducted, to receive instruction on the most important sources of law for the competition - the U.N. Convention on the International Sale of Goods and the UNCITRAL Model Arbitration Law - and to receive guidance on researching and writing the Memoranda. International Commercial Arbitration is a prerequisite to this course. Enrollment is with instructor permission only. In the fall, this is a seven-week course that starts mid-semester. Students who complete the fall course will receive one (1) credit. The spring course is a full-semester course for two (2) credits. One (1) credit is "in-class" and one (1) credit is "out-of-class." Enrollment in the fall and/or spring course is by permission of the instructor only.

Water Resources Law 225 2

This course will explore a number of legal issues regarding water resources, including prior appropriations and riparian water law regimes, federal and tribal reserved water rights, apportionment of interstate waters, interstate compacts, and regimes governing groundwater.

White Collar Crime 337 3

White collar crimes are nonviolent offenses involving lying, cheating, and stealing. This course will cover selected substantive and procedural topics in the white collar criminal law. These topics will include: perjury, obstruction of justice, fraud, public corruption, conspiracy, RICO, money laundering, and grand jury practice.

WIPO-C-IP2 Intellectual Property Program 021 3

This course aims to raise awareness of the principal concepts of intellectual property and its importance as a spur to human creativity in the advancement of economic and social development, and in the facilitation of international trade through the treaties offering multi-lateral protection. The course provides a unique opportunity for students to work with leading experts to gain a deeper knowledge of intellectual property to advance their careers. The course consists of lectures, case studies, simulation exercises, group discussions, and panel discussions on selected intellectual property topics, with an orientation towards the interface between intellectual property and other disciplines. This course is offered on a CR/NC basis.

Wrongful Convictions Seminar 450 2

This course will focus on systemic errors in our criminal justice system that lead to the conviction of innocent people. Students will learn about the causes and consequences of wrongful convictions, as well as about legal remedies available for correcting wrongful convictions and policy reforms for preventing them. Students will also be introduced to innocence case investigation and post-conviction procedure.