Law Courses (LAW)
COURSE DESCRIPTIONS
Required Courses
LAW 6100 Contracts and Sales (4). This course studies the creation, enforcement, transfer, and termination of contract rights and duties, as well as performance and enforceability of contracts, contract defenses, and contract remedies. Fundamental common law principles such as capacity to contract, mutual assent, consideration, and legality of subject matter will be addressed. Pertinent portions of the Uniform Commercial Code, particularly Article 2 dealing with sales, will be covered.
LAW 6110 Property (3 or 4). This course studies rights and interests in personal and real property. Topics covered include the acquisition of rights in property, possessory and non-possessory interests, estates in land, concurrent ownership, landlord-tenant relations, and land-use regulation.
LAW 6120 Legal Information and Communication I, Practicum (3). This course provides an introduction to legal analysis, research, and writing through the preparation of legal memoranda and other written assignments.
LAW 6121 Legal Information and Communication II, Practicum (3). This course builds upon the legal research, analysis, and writing skills taught in Legal Information and Communication I. Students will develop their persuasive writing skills through the preparation of briefs and other assignments. Oral advocacy will also be covered.
LAW 6130 Torts (4). This course explores the legal rules that determine whether non-contractual civil liability arises from conduct resulting in harm to others. Topics covered include intentional torts, negligence, and strict liability torts, as well as defenses commonly asserted in tort actions.
LAW 6150 Civil Procedure (4). This course explores the techniques for attaining judicial enforcement of substantive rights and will cover topics such as venue, pleadings, joinder of claims and parties, discovery, and issue and claim preclusion. Federal and state jurisdiction will also be examined, including the constitutional aspects of such jurisdiction.
LAW 6160 Constitutional Law (4). This course studies the principles of American constitutional law, including judicial review, federalism, and separation of powers. It also studies specific provisions of the Constitution, including the Due Process Clause and the Equal Protection Clause.
LAW 6170 Criminal Law (3);.This course studies substantive criminal law, including an examination of crimes and their elements. Specific common law and statutory crimes and defenses will be covered.
LAW 6180 Criminal Constitutional Law (2-3). The major constitutional restraints upon the criminal justice process are the focus of this course. Particular attention is given to the provisions of the Fourth, Fifth, and Sixth Amendments to the United States Constitution, including such specific issues as arrest, search and seizure, interrogations and confessions, the exclusionary rule, and the right to defense counsel.
LAW 6200 Business Associations (4). This course studies basic corporate law, including formation, management, and dissolution of corporations, and the rights and duties of those involved with corporations. The law related to business organizations such as partnerships and limited liability companies will also be covered.
LAW 6210 Evidence (4). This course studies the techniques by which facts are presented in litigation before judicial tribunals. It focuses on the Federal Rules of Evidence, but will also touch on the Tennessee Rules of Evidence and common law evidentiary rules.
LAW 6220 Intellectual Property (3). This course covers the basic principles of intellectual property law in the United States and internationally. The course provides an overview of the law governing the securing and exploitation of property and other rights in ideas, including protection by patents, copyrights, trademarks, state legislation, and the common law.
LAW 6240 Family Law (3). This course covers a variety of laws impacting the family unit and defining the rights and duties of family members. Topics covered include marriage, annulment, separation, divorce, support, custody, and equitable distribution.
LAW 6250 Professional Responsibility (2). This course explores the professional obligations of attorneys and judges as prescribed by regulation and tradition.
LAW 6260 Wills and Trusts (3). This course explores the gratuitous transfer of property at death, including intestate and testate succession. It also examines the nature, establishment, management, and termination of inter vivos and testamentary trusts.
LAW 6350 Bar Refresher (5). This course is designed to prepare students for the Multistate Bar Examination and state essay examinations. The primary focus of the course will be to refresh the following topics: real property, contracts, sales, criminal law, criminal procedure, torts, evidence, constitutional law, and professional responsibility. The course also may refresh the following subjects: negotiable instruments, secured transactions, civil procedure, family law, remedies, wills, and trusts. The course will include practice and graded essay and multiple-choice examinations.
Required Experience Courses
LAW 6230 Client Interviewing, Counseling & Communication, Practicum (2). This course focuses on the skills lawyers need when dealing with clients, including interviewing and counseling skills and the ability to communicate (orally and in writing) effectively with a client.
LAW 6232 Pretrial Litigation, Practicum (2 or 3). This course covers the major steps in the pretrial litigation process. Topics covered include litigation planning, fact investigation, legal research, pleading, discovery, pretrial motions, and settlement strategy.
LAW 6233 Negotiations, Practicum (2). This course examines and practices theories of effective negotiating in a transactional context.
LAW 6245 Global Health and Human Rights (3). This interactive course explores the dynamic relationship between global human rights and health. The course utilizes an evidence based approach, studying examples of success and failure around the world, to evaluate different means for improving global health. While the course focuses on major international and regional human rights documents, it also emphasizes the complex web of economic, political, social, and environmental decisions that influence health. Through the course, students will gain a better understanding of the impact of human rights abuses on health, the impact of health policy and practice on human rights, and how the law can help shape both.
LAW 6270 Public International Law (2 or 3). This course studies the basic rules and principles governing the conduct of nation-states and international organizations and their relations with each other. Topics include the law of treaties and customary law, the relationship between international law and municipal law, human rights law, the use of force in international relations, and international criminal law.
LAW 6271 International Business Transactions (3). This course explores selected issues encountered in private international transactions and emphasizes the options available to counsel engaged in the preventive practice of law.
LAW 6272 International Humans Rights Law (3). This course offers a thorough introduction to the theory and practice of international human rights law, with particular emphasis on the changing ways in which human rights law is made and used. Topics to be covered include: an introduction to basic principles of international law; the philosophical foundations of universal human rights; core international human rights norms and their foundations in the UN Charter and other treaties; recent human rights-based challenges to the idea of state sovereignty; and an overview of international humanitarian law and the law of war, human rights, and development.
LAW 6300 Alternative Dispute Resolution, Practicum (2). This course studies various forms of ADR, including mediation and arbitration. The course will examine the appropriateness and effectiveness of various forms of ADR in particular situations and types of action.
LAW 6301 Contract Drafting (2). This course reinforces the substantive law learned in Contracts and Sales by allowing students to apply the law they have learned. Students learn about contract negotiation, planning, and drafting, and draw on these practical skills, as well as their substantive knowledge, in representing clients in simulated contract exercises.
LAW 6310 Trial Advocacy, Practicum (2 or 3). This is an intensive course in the analysis, skills, and techniques of trials. The course includes simulated exercises on all aspects of in-court trial practice, including opening statements, development of witness testimony on direct and cross-examination, use of illustrative aids and exhibits in evidence, impeachment, expert testimony, and summations.
LAW 6311 Business Planning, Practicum (2). This course equips students to effectively formulate a business plan. The course covers the legal authority and the techniques involved in this area, including those dealing with the organization, maintenance, and termination of businesses.
LAW 6320 Clinics (2). The clinics will afford students the opportunity to represent actual clients under the supervision of a faculty member. The types of clinics that will be offered by the College of Law are yet to be determined.
LAW 6325 Field Placement (2). The externship allows students to apply the skills learned in the core curriculum to live-client situations. Externship students work in a judges’ chambers, public law office, public interest organization, or for in-house counsel under the direct supervision of a licensed attorney. A minimum of 100 hours of work is required to successfully complete the externship. The types of externships that will be offered by the College of Law are yet to be determined.
LAW 6330 Advanced Trial Advocacy, Practicum (2 or 3). This course builds on the skills learned in Trial Advocacy. Each participant will take part in at least one full simulated trial.
LAW 6331 Appellate Practice, Practicum (2). This course focuses on the art of oral advocacy and provides further instruction in persuasive writing. Students write appellate briefs and present oral arguments.
LAW 6332 Real Estate Transactions, Practicum (2). This course focuses on how commercial and residential real estate is conveyed. Topics covered include legal theories of title, transfer, and ownership issues. The skills portion of this course may include real estate title search; drafting of purchase and sales agreements, deeds, mortgages, UCC statements, closing settlement statements, and leases; drafting and review of easements, attachments, and other encumbrances; and drafting and scheduling of foreclosure sales.
LAW 6333 Estate Planning, Practicum (2). This course focuses on the role of careful planning and drafting in the estate and gift transfer areas, with particular attention to the goal of minimizing estate and gift tax liability.
LAW 6334 Entertainment Law Practice, Practicum (2). This course is designed to give students a look into the actual practice of entertainment law and into the role of lawyers in the modern entertainment world.
LAW 6335 Law Office Management, Practicum (2). This course focuses on the management of a small law office. Topics include: structure of law firms; financial issues (including compensation, billing, fees, and trust accounts); business development (marketing and advertising); law practice tools; and personnel, office, and operational issues.
LAW 6402 Advanced Legal Research, Practicum (2). This course is designed to provide students with the research skills needed in the practice of law. Topics covered include the use of primary and secondary sources; case law research; statutory law and legislative history; administrative law; effective use of Lexis, Westlaw, and other electronic databases; international law research; and public records. Emphasis will be placed on appropriate and effective research strategies and evaluation of sources, both print and electronic.
Electives
LAW 6212 Land Use (2-3). This course focuses on public and private controls of land use. Topics to be considered include zoning, subdivision controls, building codes, and covenants. Students will explore how governments accommodate the conflicting interests of landowners, their neighbors and community. In addition students will consider the direct and indirect limitations on government regulation imposed by the Talking Clause.
LAW 6213 Sales (2). A study of the law of contracts for the sale of tangible, movable items. The course focuses on Articles II and IIA of the Uniform Commercial Code.
LAW 6215 National Security Law (2). This seminar will address national security law related issues, beginning with an examination of the national security structure and operation within the White House and of the national security interagency process. This seminar will also focus on the role of national security lawyers in the midst of an emergency or threat, and the authorities and processes that shape the response of decision makers in a national security crisis. Specific areas of study will include preventive detention, surveillance standards, enemy combatants, military commissions, the role of international tribunals, the targeting of foreign nationals for killings by drones, enhanced interrogation techniques, and the regulation of speech and association. Students will lead one class discussion and prepare a 20-page paper on a topic covered in the seminar.
LAW 6218 Civil Procedure I: Mechanics (3). This course is a study of the process of civil litigation from the commencement of a lawsuit through final judgement, with an emphasis on the Federal Rules of Civil Procedure. Study may include rules rules and law concerning pleading, joinder of claims and parties, trial and pretrial motions, and basic tools of discovery.
LAW 6219 Civil Procedure II: Jurisdiction (3). (Pre-req., LAW 6218). This course is a continuation of the process of civil litigation from the commencement of a lawsuit through final judgement. Study may include the binding effect of judgements, selecting the proper court (including subject matter jurisdiction, personal jurisdiction, and venue), service of process, and choice of law themes.
LAW 6225 Separation of Powers (2). This seminar addresses advanced issues raised by the interaction of the three branches of the federal government, beginning with an examination of each branch's authority to interpret the Constitution and the interplay between the branches in checking each other's assertions of power. This seminar will also examine how the political popularity and personal characteristics of decision makers affect their ability to exercise power in Washington. Specific areas of study will include executive immunity and privilege, congressional oversight of executive actions, judicial selection, foreign affairs, the war power, the issues raised by the executive branch's refusal to defend the constitutionality of acts of Congress, and judicial review of executive branch efforts to address foreign terrorism. Students will lead one class discussion and prepare a 20-page paper on a topic covered in the seminar.
LAW 6235 Tennessee Attorney General Field Placement—Consumer Advocate and Protection Division (2). As the state's chief legal officer, the Tennessee Attorney General represents state officials, departments, boards, agencies, and commissions in matters arising from their public duties. The Consumer Advocate and Protection Division protects consumers and businesses from unfair and deceptive trade practices, enforces state and federal antitrust laws, and enforces the unauthorized practice of law statutes. That division also represents the interest of consumers in utility ratemaking proceedings before the Tennessee Regulatory Authority. A student’s duties in the clinic include drafting memoranda, briefs, and motions, and researching statutory and case law on specific consumer protection related topics. Among other things, students will have the opportunity to learn about the investigation process, including the pre-filing subpoena process and the relationship between state and federal consumer enforcement authorities, and will likely assist with cases in active litigation. Students are supervised on-site by deputy and assistant attorneys general. To earn two academic credits, students must successfully complete 100 hours at the clinic and complete the clinic’s classroom component.
LAW 6236 Tennessee Volunteer Lawyers and Professionals for the Arts Field Placement (2). The Tennessee Volunteer Lawyers and Professionals for the Arts (“TVLPA”) offers pro-bono legal services to low-income artists of all disciplines, as well as legal and business assistance to emerging nonprofit arts organizations. The field placement allows students to apply the skills learned in the core curriculum and the entertainment law curriculum to live-client situations. The TVPLA is located on the first floor of the Baskin Center. Students are supervised on-site by a licensed attorney. To earn two academic credits, students must successfully complete 100 hours at the field placement and complete the field placement’s classroom component.
LAW 6255 TBelmont Criminal Law Journal (1-3). The Belmont Criminal Law Journal is a student organization composed of second-year and third-year law students who host criminal law symposiums and/or forums and produce an on-line published journal with the purpose of advancing discussion of timely criminal law related legal issues among the professional and academic communities. The student will also run, under the supervision of their faculty advisor, a criminal law focused legal blog with the purpose of disseminating news and information about important developments and issues in criminal law for professional practitioner and academic law communities.
LAW 6265 Employment Discrimination (2 or 3). This course examines federal constitutional and statutory law as it applies to employment discrimination. The course includes a discussion of the prohibitions of discrimination based on race, sex, color, ethnicity, national origin, religion and age. The course also will explore the most prominent statutes in this area including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and an older civil rights statute from the Reconstruction era, 42 U.S.C. § 1981. The course considers the basic framework for proving discrimination under Title VII, the substantive meanings of "discrimination" under these acts, and some of the procedural and remedial issues relevant to employment discrimination law. The course provides both the practical knowledge necessary to identify and analyze employment discrimination problems and a theoretical foundation relevant to anti-discrimination law.
LAW 6312 Practicum: Applied Legal Ethics (2). Prerequisite: Professional Responsibility. This practicum will build upon the foundation established in Professional Responsibility to help students become proficient at spotting ethical issues that can arise in law practice and in developing strategies for effective responses to those challenges. This practicum allows students to explore emerging and complex topics in legal ethics. The course focuses on application of the Tennessee Rules of Professional Conduct. Topics vary as developments occur in the legal profession, and may include: technology-related ethics issues; lawyer advertising and its regulation; pro bono; judicial selection and regulations; specialized conflict issues (e.g., criminal defense, insurance defense, business relationships with clients, corporate counsel, personal interest conflicts); attorney-client privilege issues; bar admissions; disciplinary issues; legal malpractice (e.g., Standing requirements, role of expert witnesses); and modern law film structures.
LAW 6313 Practicum: Practical Issues in Criminal Law (1-2). In this course students explore in a classroom setting issues confronting attorneys for both the prosecution and the defense. Topics include conflicts of interest, discovery and exculpatory evidence, plea negotiations, sentencing considerations, and ethical concerns. This class is combined with a field placement in a criminal law setting during the same semester (students must register separately for the field placement).
LAW 6314 Practicum: Government Relations Law (2).This practicum will expose students to the role of lawyers who deal with governmental agencies on behalf of clients. It will have a two hour class session each week devoted to lectures and discussion of relevant subjects such as campaign finance law, lobbying ethics, tax consequences of lobbying activities, etc. Students will also have hands-on experience working on behalf of the Uniform Law Commission for enactment by the Tennessee General Assembly of select Uniform Acts.
LAW 6321 Health Law Practicum (2). This course will provide practical application of the various aspects of a transactional health law practice. Students will participate in a number of activities including drafting of contracts, contract negotiations, business planning analyses, strategic planning for legal structure, and drafting research memoranda in connection with applicable healthcare laws.
LAW 6365 While Collar Crime (2). This course examines issues in the prosecution and defense of white collar crime. Coverage includes the liability of corporations and executives for the acts of agents, the federal sentencing guidelines and their effects on investigation and plea bargaining, substantive federal crimes (including pe1jury, mail fraud, and obstruction of justice), parallel civil proceedings, internal investigations, grand jury investigations, multiple representation, and joint defense agreements. Class visits by local practitioners, judges, and other officials supplement the readings.
LAW 6375 Wrongful Convictions: Reasons and Remedies (2). This course will examine the reasons innocent people are convicted of crimes they did not commit and explore ways criminal justice practices can be reformed to prevent future miscarriages of justice. The class will explore topics frequently associated with wrongful convictions such as faulty eyewitness identification, unreliable confessions, jail house informants, questionable science, police and prosecutor error, and ineffective assistance of counsel. We will consider whether ethical lapses, poor tactical decisions, strategic blunders, or lack of adequate training and experience contributed to the erroneous conviction. In addition, we will review proposed reforms designed to prevent such mistakes in the future.
LAW 6282 Energy Law (2). This course will examine the legal and administrative framework governing energy production and consumption in the United States--integrating legal, economic and environmental analysis. It will cover the regulatory environment--state and federal--for electricity, coal, natural gas, and nuclear power. In particular, the course will focus on the basics of state public utility regulation and the major statutes administered by the federal agencies that regulate energy. The course will conclude by examining current legislative efforts designed to address the significant environmental and energy-related challenges facing the United States.
LAW 6322 Health Care Business and Finance (3). This course will focus on health care transactions and the various legal and business issues that affect and inform such transactions. Specifically, it will examine various business transactions and structures, including mergers, acquisitions, joint ventures, network affiliations, and other business arrangements, and will also explore basic corporate organizational structures, including considerations for transactions involving nonprofit organizations. It will also examine the various legal issues related to business operations of health care organizations, including financing, reimbursement, and taxation.
LAW 6324 Disability Law (2). This course will look at the various laws that have been enacted to protect individuals with disabilities, primarily focused on the Americans with Disabilities Act of 1990, which has changed the legal landscape for employers, government, and businesses with regard to their treatment of disabled individuals. Specifically, it will examine the basic framework under applicable laws to protect against discrimination of disabled individuals, including public accommodations, and also analyze some of the challenges that organizations face in implementation of the law.
LAW 6337 Health Care Fraud and Abuse Regulation (3). With federal healthcare programs such as Medicare and Medicaid providing healthcare coverage for Americans, a body of laws have developed to ensure that individuals and organizations that provide services to Medicare/Medicaid beneficiaries are not defrauding or abusing such programs either by billing the government for services that were not provided or were not medically necessary. This course will focus primarily on the federal Antikickback Statute, the Physician Self-Referral Statute (commonly known as the Stark Law), the False Claims Act, and the Civil Monetary Penalties Law, examining the basic framework behind the laws, the complex legal structures and arrangements that result from complying with such laws, and the steep penalties assessed for failure to comply.
LAW 6338 Medical Malpractice (2). This course will examine the substantive and procedural aspects of medical malpractice litigation, including issues arising out of submission of evidence, discovery and records requests, expert witness testimony, and notice requirements for filings. It will also examine internal investigations in connection with such malpractice actions, peer review protection, the challenges of a medical malpractice trial.
LAW 6339 Mental Health Law (2). This course will examine the unique set of laws and regulations that govern patients with mental health issues. Specifically, the course will look at the various complexities of the treatment of mental health patients, including issues surrounding informed consent, involuntary admissions, privacy of patient information, competency for decision making, patient safety issues, conservatorships, and guardianships. This course also will examine important issues at the intersection of law and psychology/psychiatry, both civil and criminal.
LAW 6341 Non-Profit Organizations (2). This course will prepare students to interact with nonprofit organizations in a variety of capacities, from board member to founder to adviser. Topics discussed will include nonprofit corporations , tax exempt organizations, the role and duties of the board of directors, standards of conduct and fiduciary duties of directors, conflicts of interest, record keeping, annual compliance, indemnification and protection of board members, board operations, and board-staff relationship. In addition, students will discuss the process for forming a new organization, including drafting governance documents and the application to the IRS for recognition of tax exempt status. These issues will be examined in an interactive setting using real world examples.
LAW 6342 Public Health Law (3) – This course will examine both the authority and limitations of the government in the provision, promotion, and regulation of the health of its citizens. It will explore the various aspects of public health law, including laws and regulations designed to prevent illness and disease and promote good health and the agencies charged with enforcement and implementation of such efforts (e.g., USDA, FDA, etc.), and will also examine the private enforcement mechanisms to regulate the same concerns such as the litigation against the tobacco companies. This course will also examine the establishment and operation of government safety net programs for certain underserved populations, such as public health centers and federally qualified health care centers.
LAW 6343 Music Industry Law (2). This course provides a comprehensive overview of the legal, business, and financial aspects of the music business. It will focus on the representation of artists and will address the transactional deals between artists and those with whom the artist conducts business, including managers, agents and attorneys. Topics will include recording agreements, music publishing, touring, merchandising, sponsorships and other key areas.
LAW 6345 Motion Picture Financing Transactions (2). This course provides a comprehensive overview of the legal, business, and financial aspects of film financing transactions, financing sources and structures, financing through new media, evolving creative financing, choice of entity, securities laws, accounting, bankruptcy, taxation, completion guarantees, pre-sales, and the calculation of net profits. The course will cover film financing transactions from inception to closing.
LAW 6346 Film and Television Transactional Law (2). This course provides a comprehensive overview of the legal, business and financial aspects of filmed entertainment, with pertinent comparisons and contrasts between the motion picture and television industries, and between studio and independent production. The course will cover issues relevant to acquisitions, financing sources and structures, personal service contracts, theories of protection, completion risks and guarantees, distribution, revenues and contingent proceeds, litigation, reality television, and idea disclosure.
LAW 6355 Sports Law (2). This course examines legal issues impacting amateur and professional sports. Students will analyze sports cases and materials that cover multiple disciplines, including contracts, torts, constitutional law, antitrust (including collective bargaining, player drafts and other player restraints), labor and employment, intellectual property, criminal law, individual player-club contract issues, gender equity issues, and disability discrimination issues.
LAW 6358 Constitutional Law I: Powers and Structures (3). This course examines the structure of governance created by the United States Constitution and the roles that separate powers, federalism, and judicial review play in that governmental structure. The course explores the relationship among the three branches of the federal government, the allocation of power between the states and the federal government, and the principles that govern judicial review of governmental action.
LAW 6358 Constitutional Law II: Individual Rights (3). (pre-req: LAW 6358). This course examines the individual rights provided by the United States Constitution. This course will examine the Fifth and Fourteenth Amendment protections for procedural and substantive due process, equal protection, and the First Amendment protection of religious liberty and freedoms of speech and association.
LAW 6356 Cyber Law (2). This course will explore specific problems in applying law to cyberspace in areas such as intellectual property, privacy, content control, and the bounds of jurisdiction.
LAW 6357 Mass Media Law (3). This course surveys the law of multimedia including print, radio, television, Internet, and other forms of distribution. The subject matter addressed includes the First Amendment, defamation, invasion of privacy and the right of publicity, Federal Communications Commission regulation, advertising and commercial speech, fair use, newsgathering and other relevant subjects.
LAW 6361 Local Government Law (2). This course examines the source, scope, uses, and limits of local government power. This course addresses the relationship between local governments and state and federal governments as well as examining the important role of local government in shaping communities.
LAW 6362 Mergers and Acquisitions (2 or 3). This course will focus on advanced topics in corporate governance, particularly with respect to acquisitions and mergers. Essential to any understanding of acquisitions, are topics that include fiduciary duties, due diligence, tax advice and anti-trust. This course will cover such issues. A prerequisite to enrolling in this course, students must have taken and passed Business Associations with a B or better average.
LAW 6363 State and Local Taxation (2). This course examines various issues in state and local taxation, including ad valorem (property), sales and use, individual, and corporate income taxes. It also studies federal cases and statutes that limit states in design and implementation of their tax systems.
LAW 6365 While Collar Crime (2). This course examines issues in the prosecution and defense of white collar crime. Coverage includes the liability of corporations and executives for the acts of agents, the federal sentencing guidelines and their effects on investigation and plea bargaining, substantive federal crimes (including perjury, mail fraud, and obstruction of justice), parallel civil proceedings, internal investigations, grand jury investigations, multiple representation, and joint defense agreements. Class visits by local practitioners, judges, and other officials supplement the readings.
LAW 6375 Wrongful Convictions: Reasons and Remedies (2). This course will examine the reasons innocent people are convicted of crimes they did not commit and explore ways criminal justice practices can be reformed to prevent future miscarriages of justice. The class will explore topics frequently associated with wrongful convictions such as faulty eyewitness identification, unreliable confessions, jail house informants, questionable science, police and prosecutor error, and ineffective assistance of counsel. We will consider whether ethical lapses, poor tactical decisions, strategic blunders, or lack of adequate training and experience contributed to the erroneous conviction. In addition, we will review proposed reforms designed to prevent such mistakes in the future.
LAW 6380 Practicum: Criminal Procedure (2 or 3). This course will focus on post-arrest aspects of the criminal justice system that are not covered in Criminal Procedure I. Topics may include prosecutorial charging decisions, indictments, preliminary hearings, joinder and severance, bail and pretrial release, discovery, plea bargaining and guilty pleas, speedy trial, jury composition and selection, confrontation, jury instructions, sentencing, double jeopardy, direct appeals, post-conviction petitions, and petitions for writs of habeas corpus.
LAW 6381 Sentencing Law (2). This course addresses state and federal criminal sentencing. Potential topics include, among others, capital sentencing procedures and substantive constitutional limitations on the application of the death penalty, federal and state sentencing guidelines, the use of diversion and other alternative forms of sentencing, Sixth Amendment right to counsel requirements as applied to sentencing procedures, the role of the trial court and juries in sentencing, the intersection between plea bargaining and sentencing, and standards of appellate review for sentencing determinations.
LAW 6400 Accounting for Lawyers (2). This course introduces students to the basic concepts of financial accounting. Intended for students with little or no accounting background, the course is designed to equip these students with the fundamental skills necessary to read and critically review a corporation’s financial statements.
LAW 6401 Administrative Law (3). This course studies the administrative process and practice before administrative agencies at all levels of state and federal government. The provisions of the state and federal Administrative Procedures Acts will be explored. In addition, constitutional issues, such as procedural due process, will be examined.
LAW 6403 Antitrust (2). This course studies unfair trade practices and antitrust law, including topics such as monopolies, price fixing and kickbacks. It also examines various unfair trade practices and federal and state statutes prohibiting such practices.
LAW 6404 Biomedical Ethics (2-3). This course provides a thorough grounding in some important areas at the intersection of law and bioethics. Some of these topics include the physician-patient relationship, medical research, organ transplantation, death and dying, abortion, and maternal-fetal conflicts. At times, the course will compare medicine to law to help examine the issues involved.
LAW 6405 Board of Advocates (1). The Board of Advocates is a student organization composed of third-year law students dedicated to the development of pre-trial, trial, and appellate advocacy skills. Membership criteria and membership duties are set forth in the Charter and Bylaws of the Board of Advocates. In this offering, each student’s performance is evaluated by the Director of Advocacy Programs and is graded on a pass/fail basis. Students eligible for credit for this offering may not receive credit in any more than two semesters (a maximum of two semester hours of credit).
LAW 6406 Business Torts (2). This course covers the commercial tort claims most frequently asserted in business litigation. Topics include unfair competition, fraud, interference with contract and economic advantage, breach of fiduciary duty, trade secret misappropriation, trade libel and false advertising, professional malpractice, and misuse of judicial process.
LAW 6407 Conflict of Laws (2 or 3). This course explores the law relating to transactions in which any operative fact occurs outside the state where the legal proceedings are instituted, or which involve other significant extra state elements. The course examines choice of law methods utilized by various courts to decide the applicable law in given cases and examines the logic and constitutionality of such methods.
LAW 6408 Copyright Law (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.
LAW 6409 Corporate and Partnership Taxation (3). This course examines the federal income taxation of corporations, partnerships, and other entities.
LAW 6410 Debtor-Creditor Law (2). This course focuses on the rights and remedies of debtors and their creditors under the United States Bankruptcy Code. In addition, the interplay of the Bankruptcy Code and the provisions of Article 9 of the Uniform Commercial Code and other provisions of state law are examined. This course will also provide an overview of state law rights and remedies of judgment of debtors and creditors.
LAW 6411 Education Law (2). This course explores the legal problems of public and private educational institutions. The course will examine Constitutional provisions impacting the educational setting, as well as applicable federal and state statutes. Topics covered include academic freedom, students’ rights, teachers’ rights, and anti-discrimination statutes.
LAW 6412 Elder Law (2). This course examines the legal issues particularly relevant to the elderly. Topics covered will include health care and related documents such as living wills and health care powers of attorney, as well as benefits such as Social Security, Medicaid, and Medicare.
LAW 6413 Employment Law (3). This course studies state and federal employment law. Topics covered include common law claims such as breach of contract and wrongful discharge; wage and credit laws; anti-discrimination laws; and concerted labor activity and collective bargaining.
LAW 6414 Entertainment Law (2). This course studies the legal and business aspects of the entertainment industry. In particular, the course emphasizes the aspects of contract and intellectual property law unique to this subject area.
LAW 6415 Environmental Law (2 or 3). This course explores state and federal environmental regulation. Relevant state and federal statutes, regulations and case decisions will be examined, with particular emphasis afforded federal statutes such as the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the Comprehensive Environmental Response and Liability Act (CERCLA).
LAW 6416 Estate and Gift Taxation (2). This course examines the tax consequences of gratuitous transfers of property under federal and state law.
LAW 6417 Federal Courts (2 or 3). This course examines jurisdiction of the federal courts over federal questions and diversity of citizenship cases; distribution of powers between state and federal courts; use of state law in federal courts; civil procedure in federal districts courts; and appellate review of federal and state court decisions.
LAW 6418 Federal Income Taxation (3). This course explores the basic principles of federal taxation of income. It focuses primarily on the provisions of the Internal Revenue Code addressing taxation of individuals. Concepts such as adjusted gross income, exemptions, deductions, and tax credits will be examined.
LAW 6419 First Amendment (2 or 3). This course deals with the complex and ever-evolving jurisprudence regarding the First Amendment to the United States Constitution. Primary emphasis will be on the many facets of freedom of expression, freedom of religion, and the Establishment Clause.
LAW 6420 Health Law (3). This course will cover the major legal issues related to the health care system. Health care decision making through various legal documents, e.g., health care powers of attorney and living wills, will be addressed. In addition, issues related to representing medical personnel and hospitals, including defense of medical malpractice suits, will be discussed.
LAW 6421 Immigration Law (2 or 3). This course examines United States immigration and naturalization law. Federal statutes and regulations addressing admission of foreign nationals, removal, citizenship, and employment will be addressed.
LAW 6422 Insurance Law (2). This course covers the basics of insurance law, including the nature of insurance, insurance contract formation and interpretation, and government regulation of the insurance industry. Various types of insurance, such as property, health, life, and disability, will be covered.
LAW 6423 Juvenile Law (2). Criminal and non-criminal offenses of youths that bring them within the jurisdiction of juvenile courts are the focus of this course.
LAW 6424 Law and Economics (2). This course explores economic analysis as it affects both legal theory and practical problems of practice. Among the topics that may be explored in the course are: the economics of law firms; the economics of intellectual property; behavioral economics; the use of game theory in transactional practice and in litigation; international trade and globalization; political economy and the evolution of institutions; and the effect of option theory on legal rules and on the practice of law.
LAW 6425 Law and Religion (2). This course focuses on the relationship between governments (federal and state) and religious organizations.
LAW 6426 Law Review (2 to 4). The Belmont Law Review is a student organization composed of second-year and third-year law students who publish a varied body of legal scholarship with the purpose of advancing discussion of timely legal issues among the professional and academic communities. This offering is available only to students selected for membership and credit is awarded to students who successfully complete the service and writing expectations. A student is his or her first year as a member of the Law Review is awarded two (2) credits in the second semester of of the student's first year as a Law Review member for successful production of a student note of publishable quality and meeting the service requirements for Law Review. A student in his or her second year as a member of the Law Review who serves of the Law Review's executive Board and successfully meets the expectations of the Executive Board members is awarded two (2) credit hours in the student's final semester in law school. A student in his or her second year as member of the Law Review who serves as a member of the Law Review but not a member of the Executive Board and who successfully meets the expectations of the Law Review members is awarded one (1) credit hour in the student final semester in law school. In this offering , successful completion of the requirements is determined by the Law Review's faculty advisor and graded on a pass/fail basis.
LAW 6427 Payment Systems (Negotiable Instruments) (2). This course explores the rules of law applicable to transactions under Articles 3 and 4 of the Uniform Commercial Code (UCC) and other pertinent law, focusing particularly on negotiable instruments, banking, and payment systems.
LAW 6428 Products Liability (2). This course studies the tort liability of suppliers of products, focusing primarily on manufacturers and retailers. The course will examine the likely causes of action and defenses in such actions and review pertinent state and federal statutes and regulations, particularly in the area of tort reform.
LAW 6429 Remedies (3); This course examines the various legal, equitable, and restitutionary remedies available to claimants in civil litigation.
LAW 6430 Secured Transactions (2). This course explores the law of secured transactions, focusing on Article 9 of the Uniform Commercial Code.
LAW 6431 State Constitutional Law (2). This course focuses on state constitutions and the case law interpreting them.
LAW 6432 Trademark Law (3). This course covers the procedural and substantive law of trademarks and trade names.
LAW 6433 Workers Compensation (2). This course covers the origins and basic principles of the workers compensation system. Topics covered include coverage, benefits, jurisdiction, preparation for trial by applicant and defendant, analysis of findings and awards, reconsideration, and judicial review.
LAW 6434 Family Law Practicum (2). Prerequisite: LAW 6240. This practicum will parallel the progression of a relationship that begins with marriage and ends in divorce and will cover legal issues commonly encountered by family law practitioners. Topics covered may include: client interviewing, filing for dissolution, depositions and interrogatories, property division, child custody and visitation, child support, spousal support, enforcement of pre-nuptial agreements, mediation, and trial. Dissolution in the context of domestic violence may also be addressed.
LAW 6435 Board of Advocates Competition (2). This practicum will be for students who are selected to participate as part of a competition team. One hour of credit will be awarded in the semester during which the student takes part in a competition. A
student can earn a maximum of two credits for advocacy competitions.
LAW 6440 Belmont Health Law Journal (1-3). TThe Belmont Health Law Journal is a student organization composed of second-year and third-year law students who host health law symposiums and/or forums and produce an on-line published journal with the purpose of advancing discussion of timely health law related issues among the professional and academic communities. The students will also run, under the supervision of their faculty advisor, a health law focused legal blog with the purpose of disseminating news and information about important developments and issues in health law for professional practitioner and academic health law communities.
LAW 6510 Courtroom Technology Practicum (1). Students will be introduced to cutting-edge persuasion theories and visual technology to enhance courtroom advocacy. Through the use of vendor sponsored free trial subscriptions, students will be given hands-on training in how to use the latest courtroom presentation software and mobile applications to maximize the impact on the modern jury. The course readings in rhetoric, psychology, and neuroscience will further the students understanding of the importance of the visual for today's courtroom advocate.
LAW 6511 Electronic Delivery Practicum (2). This course will focus on the Federal Rules of Civil Procedure and Federal Rules of Evidence as they apply to the retention, storage, and production of electronically stored information. The course will be interactive and afford students the opportunity to utilize written and oral advocacy skills in applying the rules of procedure, evidence, and ethics in highly realistic hypothetical cases. The course will also feature e-discovery expert presentations from the bench and bar. This is an introductory course and no special knowledge of computers or technology is needed.