| Administrative Law |
| Credit(s): 2; Generally offered in the fall semester. |
This course is a study of the administrative process and of practice before administrative agencies. Considerable attention is devoted to the delegation of powers to administrative agencies, the rulemaking and adjudicative functions of agencies, the appropriate scope and standard of review of the actions of administrative agencies at both the agency and judicial levels, and the Administrative Procedure Act.
Prerequisite(s): None |
|
| Admiralty |
| Credit(s): 2; Not presently offered. |
A survey of admiralty and maritime jurisdiction, procedure and substantive law with emphasis on topics with which general practitioners should be familiar, including uniformity and preemption of state law, pleasure craft accidents, cruise ship accidents, limitation of liability, carriage of goods by sea, salvage and maritime liens.
Prerequisite(s): None |
|
| Advanced Litigation Technology Techniques |
| Credit(s): 3; Generally offered in the fall semester. Will satisfy an elective requirement for the Advocacy track. |
The classroom component will meet in the computer lab during the fall semester for 3 hours once a week. A portion of the classroom time will be devoted to instruction on software, and the remaining time will be spent using the software to develop and prepare for trial in Advanced Trial and Appellate Advocacy. Students will apply the skills and techniques learned in the classroom component in their Advanced Trial and Appellate Advocacy trials at the beginning of the spring semester. The 2-hour transcript credit will be given the spring semester after the trial of the Advanced Trial Advocacy case. The class will be graded on a pass/fail basis. This course will satisfy an elective requirement for the Advocacy track.
This course will provide exposure and hands-on instruction to a wide variety of the technology-based tools and techniques used in mediation, arbitration, and trial today. This will include advanced PowerPoint techniques, discovery of electronic devices, litigation support software, and video depositions and conferencing. Litigation support software will include Sanction, a leading document management and digital presentation system, provided by Verdict Systems; Concordance and Summation, the leading case preparation softwares and CaseMap and TimeMap litigation tools. Instruction will be based on various fact patterns designed to highlight the impact and benefits of a particular tool.
Enrollment is limited to a maximum of 12 third-year students who are also enrolled in Advanced Trial and Appellate Advocacy. Though not required, we encourage enrollment of both Advanced Trial and Appellate Advocacy trial partners in the course.
Prerequisite(s): None |
|
| Advanced Real Property Law |
| Credit(s): 2; Generally taught in the spring semester. |
Using the professor's edited materials, this course serves as an overlay upon the first year property courses by concentrating upon the areas of real estate law frequently encountered by practicing attorneys. Real property law controversies are reviewed for important pleading, procedural, and evidentiary matters in addition to the rules of real property law. Although this course is not a planning and drafting course, preventive law and preventive draftsmanship are nevertheless regularly discussed in conjunction with case analysis.
Areas of coverage include (in the context of an advanced survey): estates in land, concurrent ownership, landlord and tenant law, contracts to convey, real estate brokerage, fixtures, deeds, covenants of title, restrictive covenants, easements, recordation, and marketable title. The course includes a special emphasis on lien law, especially mechanics' lien law, finance law (including mortgage priorities and foreclosure), disguised mortgages, and purchase money mortgages. The North Carolina Planned Community Act is also emphasized.
Prerequisite(s): None |
|
| Advanced Trial And Appellate Advocacy |
| Credit(s): 4; This course is required for General Education Curriculum (GEC) students not taking Pre-Trial Litigation and for all students selecting the Advocacy track. Will satisfy an elective requirement for the Business track. |
This 3L course lasts the entire academic year and meets as a class for one hour each week during the Fall semester only. It begins in the Fall semester as students are paired as law partners and assigned a case file and client. The course requires the student to evaluate the nature and quality of the client's claim and/or defense in a civil case, prepare and file a complaint, answer, counterclaim, and reply to a counterclaim, as appropriate, serve process, as applicable, develop a discovery plan, conduct discovery, prepare witnesses for deposition and trial, prepare a proposed pre-trial order including jury instructions, and try the case to a verdict before a jury. In the Spring semester, the side that lost at trial will notice an appeal. The two sides will then settle the record on appeal, brief and argue the appeal. Students in the course will serve as appellate judges and will issue the court's decision and opinion on appeal.
Prerequisite(s): Evidence; Trial Advocacy I |
|
| Anglo-American Legal History - Three Perspectives |
| Credit(s): 2; Generally offered during the spring semester. Will satisfy a Perspective requirement. |
With three active scholars on its teaching faculty, Campbell boasts deep resources in the academic discipline of legal history. Among his many other interests, Dr. Stanley McQuade brings expertise in the area of English common law, flushing out in the process the "anglo" roots of American law and jurisprudence. Dean Willis Whichard's scholarship considers the judiciary in American legal history, focusing on judicial biography, judicial process and the jurisprudential challenges inherent in the study of both. Professor Anthony Baker focuses on discrete areas of broader American history in which law played a significant part, considering the implications of the potent interface of law and culture in the making of that history. Taken together, their work forms an unusually rich culture of legal history at Campbell.
This course introduces the student to all three distinct views, inviting comparative and perspective study. After a shared introduction, Dr. McQuade will "lay the foundation" over 4 weeks, sketching out English common law development and exposing in the process roots of American legal process following. Dean Whichard will then broadly consider the United States Supreme Court - the most potent judicial force in American history - over 4 distinct eras of its development: the "early Court", the Marshall era, Taney to Taft, and the "modern" Court. Professor Baker will close, building on Dr. McQuade's roots and Dean Whichard's breadth by looking at "big cases" in the American past - e.g., the Zenger trial (1735), Marbury v. Madison (1803), McCulloch v. Maryland (1819), Barron v. Baltimore (1833), Dred Scott (1857), Ableman v. Booth (1859), U.S. v. Cruikshank (1875), The Civil Rights Cases (1883), Berea College v. Kentucky (1908), West Coast Hotel (1937), Korematsu v. U.S. (1944), Shelley v. Kraemer (1948), Heart of Atlanta Motel (1964), U.S. v. Nixon (1974) - considering their acknowledged place/effect in American history.
Prerequisite(s): 2d year law school. |
|
| Antitrust |
| Credit(s): 2; Generally offered in the spring semester, even-numbered years. Will satisfy an elective requirement in the Business track. |
The course provides an overview of federal Antitrust law and highlights North Carolina Unfair Business Practice law. Federal antitrust subject areas include: monopolies, restraints of trade such as price fixing, territorial restrictions, customer restrictions, boycotts, dealer terminations, tying arrangements, exclusive dealing, price discrimination and attempted monopolization. North Carolina Unfair Business Practice topics covered include: consumer protection, unfair competition, state antitrust laws, with primary emphasis on General Statute 75-1.1 (Unfair and Deceptive Acts or Practices and Unfair Methods of Competition) and the many cases decided under that Statute and related Statutes. Grades are determined on the basis of periodic analytical outlines and a writing project.
Prerequisite(s): None |
|
| Business Organizations |
| Credit(s): 4; Required in the second year, spring semester. |
This course covers doctrine and practice involved in the organization and operation of business organizations, including partnerships and limited liability companies. The preponderance of the course focuses upon the business corporation and practical and legal distinctions between closely held and public corporations. It will also provide an introduction to the basics of federal and state securities regulation.
Prerequisite(s): None |
|
| Business Planning |
| Credit(s): 2; Generally offered in the spring semester. Will satisfy an elective requirement in the Business track. Will satisfy Planning requirement. |
A study of the formation, operation and disposition of business enterprises. The course seeks to synthesize contract, tax, securities and corporate law (as well as law governing partnerships and limited liability companies) into an integrated whole as applied to planning problems drawn from real-world businesses. Prerequisite: Taxation of Business Entities.
Prerequisite(s): Taxation of Business Entities |
|
| Children In The Legal System |
| Credit(s): 2; Generally offered in the fall semester. Enrollment limited to 16 students. |
The student will be required to research, write a paper, orally present that paper to the class and orally critique another student's paper. The paper must be at least 30 pages in length (typed and double spaced), no more than 40 pages and be thoroughly footnoted. The oral presentation will be 30 minutes in length and use of power point is strongly encouraged. The oral critique will be 20 minutes in length. Following the oral presentation, there will be a 20 minute class discussion of the subject, with questions for both presenters. The subject of the paper must be approved by the professor and relate to children in the legal system. Some general examples of appropriate subjects: adoption (international or national); abortion, the rights of the minor pregnant mother vs. the rights of the minor's parents vs. the rights of the state; corporal punishment at home, in the schools (private and/or public); abused and neglected children; termination of parental rights; the role of the guardian ad litem; parental immunity for harm done to the child; the child witness, how to protect the child and the constitutional rights of the
defendant; the rights, if any, of the unborn fetus in the context of the criminal and civil law; delinquent children (those that commit crimes); the juvenile court; the child's constitutional rights, in the school
setting and otherwise; parental choice of medical care for the child, rights of the child, rights of the state; the liability of a child for his torts; foster care, is it working; etc.
Prerequisite(s): None |
|
| Christian Perspectives On Legal Thought |
| Credit(s): 2; Generally offered in the fall semester. Will satisfy a Jurisprudence requirement. Enrollment limited to 25 students. |
This course will begin with a discussion of the various responses of Christian traditions to culture generally and law more specifically. It will then move to a consideration of foundational
(theological/philosophical) critiques of movements in American legal history from various Christian perspectives (Anabaptist, Calvinist, Catholic and Lutheran). It will then examine in greater detail Christian traditions and natural law. And finally, if time permits, the course will consider insights offered by these traditions into various substantive areas of law such as criminal law, environmental law, family law and tort law.
Prerequisite(s): None |
|
| Church-State Relations: Law And Policy |
| Credit(s): 2; Offered periodically |
The course explores several major elements of church state relations: 1. An historical
overview of religious liberty thought and intolerance; 2. A review of contemporary issues and examples of religious liberty in the international context both in law and practice; 3. The context and application of the "establishment" and "free exercise clauses" of the U.S. Constitution both historically and in contemporary settings. The course includes a two-day visit to Washington D.C. with sessions with major religious liberty advocacy groups and church-state interest groups across a broad philosophic spectrum. The course is seminar style.
Prerequisite(s): None |
|
| Civil Disobedience |
| Credit(s): 2; Offered periodically. Will satisfy a Perspective requirement. |
This course will explore through readings, cases and other media the legal, philosophic, political and cultural aspects of civil disobedience, primarily in the American context, but with some attention to issues of civil disobedience in other global contexts. The objective is to provide an appreciation for the role of civil disobedience in global and American contexts, its clash typically with notions of the "rule of law," and to assist the student in developing their own approach to evaluating civil disobedience as one of the elements of social and legal challenge and change.
Prerequisite(s): None |
|
| Civil Procedure I |
| Credit(s): 2; Required in the fall semester, first year. |
This basic course begins with an overview of the procedural process. Following this introduction the areas of jurisdiction, the application of state law in federal courts, remedies and
pleading are emphasized. The objective of the course is to give the first year students a theoretical background as well as a practical working knowledge of the rules of civil procedure.
Prerequisite(s): None |
|
| Civil Procedure II |
| Credit(s): 2; Required in the spring semester, first year. |
A continuation of Civil Procedure I with emphasis on pretrial and post trial procedural matters, such as the joinder of claims and parties, the disclosure and discovery of information, other trial concerns, appeals, and recognition of and respect for judgments.
Prerequisite(s): None |
|
| Civil Rights Litigation Seminar |
| Credit(s): 2; Offered periodically in the spring semester. Will satisfy an elective requirement for the
Advocacy track. |
This course examines lawsuits brought against governments and their officials and employees
under 42 U.S.C. § 1983 seeking damages for the violation of federal constitutional and civil
rights, particularly those arising under the Bill of Rights and Fourteenth Amendment. Tens of
thousands of such actions are filed annually in federal courts. Crucial issues regularly
encountered in constitutional litigation are covered, including elements of the prima facie case,
governmental and supervisory liability, absolute and qualified immunity, state liability under
the Eleventh Amendment, procedural defenses, remedies, and attorneys fees.
Prerequisite(s): None |
|
| Code Pleading |
| Credit(s): 1; Independent study in fall semester only. |
Civil procedure under a code pleading system with emphasis on Virginia procedure. Specific subjects covered include courts, parties, venue, jurisdiction, service of process, pleading, discovery before trial, trials and appeals. Pass/Fail. Examination. Recommended for the Virginia Bar Exam.
Prerequisite(s): None |
|
| Commercial Law I |
| Credit(s): 3; Required course in the fall semester of third year. |
This course stresses two articles of the Uniform Commercial Code: Article 3 - Negotiable Instruments and Article 4 - Bank Deposits and Collections. It also touches on Article 2 - Sales and Article 7 - Documents of Title.
Prerequisite(s): None |
|
| Commercial Law II |
| Credit(s): 3; Required course in the spring semester of third year. |
This course stresses two articles of the Uniform Commercial Code: Article 2 - Sales, and Article 9 - Secured Transactions.
Prerequisite(s): None |
|
| Common Interest Communities Seminar |
| Credit(s): 2; Generally offered in fall semester. |
This seminar's focus on common interest communities makes it one of less than a handful of similar courses offered at law schools across the nation. "Common-interest communities" are residential real estate or mixed-use developments in which a homeowners' association or some other entity operates in many respects as a private government enforcing rules and regulations, collecting annual dues and assessments, and managing the common areas. This general term therefore encompasses a planned community, a condominium, and a cooperative form of real estate development. Other terms such as "common interest development" or "planned unit development" may also be used to describe a planned community. The vast majority of new residential real estate developments and almost all new residential/resort developments in the United States are formed as common interest communities.
Prerequisite(s): None |
|
| Conflict Of Laws |
| Credit(s): 2; Generally offered in spring semester of odd-numbered years. |
The study of the applicability of the law of a particular state or nation to the resolution of controversies, including the territorial traditional approach to choice of law; modern approaches (significant contacts, governmental interest, etc.); and consideration of constitutional limitations on choice of law. Also, recognition and enforcement of judgments and conflicts in the international setting. The course also provides an opportunity for review of substantive areas such as torts, contracts and property.
Prerequisite(s): None |
|
| Constitution and the Courts |
| Credit(s): 3; Fall |
This introductory course to the United States Constitution and federal judicial power has two
parts. The first part examines the Constitution's underlying philosophy and broad themes as
students consider important Supreme Court decisions in their historical context from the
founding through the Warren Court. The second part examines the role of federal courts in our
constitutional system, including the structure and exercise of federal judicial power and the
nature, methodology and limits of judical review.
Prerequisite(s): None |
|
| Constitutional History: The Roots Of Civil Rights, 1770-1900 |
| Credit(s): 2; Generally offered in fall semester. Will satisfy a Perspective requirement. Enrollment limited to 24. |
This course will consider the creation and development of the United States Constitution in relation to civil and human rights. In it we seek to discover the root ideals animating the Constitution as a civil/human rights charter and to contrast those ideals with their practical results when applied to the various people-groups coming under its influence during the period studied: property owners (and their opposite), Aboriginal (Native) Americans, women, "slaves," and children. The purpose is to gain an understanding of the contrast between the philosophical Constitution and the real one, placing present-day civil rights discourse in a useful historical context and advancing our legal thinking on constitutionalism, both generally and in the American context.
Prerequisite(s): None |
|
| Constitutional Law I |
| Credit(s): 3; Required in the fall semester, second year. Offered in summer school by Professor Wallace. |
This course focuses on the structure of American government and fundamental concepts such
as due process and equal protection, as defined through the text of the Constitution and its
interpretation. It examines the nature and allocation of powers among the legislative, executive,
and judicial functions at the federal level, and the relation between the state and federal
governments. It also examines the individual constitutional liberties found the Due Process and
Equal Protection Clauses of the Fourteenth Amendment, and the scope of congressional
authority to enforce these constitutional provisions.
Prerequisite(s): None |
|
| Constitutional Law II |
| Credit(s): 3; Offered in the fall semester; open to second- and third-year students. |
This elective course examines the individual constitutional liberties found the First Amendment
protections of free speech and religious freedom.
Prerequisite(s): None |
|
| Contract Planning |
| Credit(s): 2; Generally offered both spring and fall semesters. Will satisfy Planning requirement. This course is required for the Business track. Limited to 24 students. |
Contract Planning concentrates specifically on contract law and drafting. Also included are interviewing and negotiating. The setting for the course is the law office with lawyer and client working together in the present to arrange the client's affairs so that they will turn out reasonably well for the client in the future and so that litigation will hopefully be avoided, but successful if it is unavoidable. In this setting, students should learn how they can use their knowledge of contract rules as tools in drafting a contract to achieve favorable results for their client in the future as the parties perform the contract. At the same time, students should learn how they can avoid potential malpractice claims and also gain some experience in recognizing ethical problems that typically arise in the drafting and negotiation of contracts. Finally, students should realize the importance of good communication with client, senior partner, law partner, and opposing lawyer, as well as the necessity of being able to work with and get along with all of them. After completing several short projects designed to teach the contract planning process, students, working in teams of two, must complete a required project by planning, negotiating, and drafting a long term contract. No examination is given since the grade in the course is based on the work performed in the required project..
Prerequisite(s): All first year courses. |
|
| Contracts I And II |
| Credit(s): 3; Required both semesters of first year. |
This course is a comprehensive study of the law of contracts, focusing on their formation, enforceability, performance, and breach.
Prerequisite(s): None |
|
| Corporate Finance |
| Credit(s): 2; Fall Semester - 2008 |
The course will focus on the following traditional corporate finance subjects:
1. Debt (bonds; notes; debentures) issued to finance the initiation and expansion of for-profit business corporations. The materials comprehend commercial loans by banks (e.g., long-term loans; revolving credit agreements; lines of credit) and publicly-issued debt of business corporations, including debentures and convertible debentures. Loan agreements will be examined.
2. Mergers and Acquisitions, including business, legal and tax aspects. Significant parts of acquisition agreements will be examined.
3. Preferred Stock and its principal characteristics (dividend provisions;
redemption; liquidation; conversion).
Approximately 20% of the course will be devoted to an in-depth examination of "Venture Capital" financing, a form of high-risk financing which is actively conducted in the Raleigh-Durham-Chapel Hill area. The early part of the course pertaining to convertible securities, including preferred stock, will form a solid base for the materials on venture capital.
Students will be introduced to a significant amount of finance terminology and to typical contractual provisions such as representations and warranties, affirmative and negative covenants; default and acceleration clauses; closing conditions and indemnification provisions. The course has a substantial transactional component covering what lawyers do, including planning, negotiating, drafting and closing various types of agreements and due diligence reviews.
Prerequisite(s): Business Organizations recommended but not required |
|
| Criminal Law |
| Credit(s): 3; Required in the fall semester, first year |
A study of substantive criminal law including principles of criminal liability and specific crimes and defenses.
Prerequisite(s): None |
|
| Criminal Procedure |
| Credit(s): 2; Required in the spring semester, second year. |
This course considers the constitutional constraints on government investigation of crime found
in the Fourth, Fifth, Sixth, and Eighth Amendments. Topics include include search and seizure,
interrogations and confessions, eyewitness identification, electronic surveillance, the
exclusionary rule, the grand jury, self-incrimination, double jeopardy, speedy trial, right to
counsel, and cruel and unusual punishment. Special attention is given to how the Supreme
Court has attempted to resolve the tension between society's need for effective law enforcement
and the individual's right to fair treatment in the criminal justice system.
Prerequisite(s): None |
|
| Criminal Trial Practice |
| Credit(s): 2; Generally offered in the spring semester, evenings. Will satisfy an elective requirement for the Advocacy track. |
This course is a very practical approach to working in the district and superior criminal courts of NC. Areas covered include bond hearings, first appearances, motions to suppress, case theory development, reading of records, plea negotiation, cross-examination and sentencing.
Students will have dialogues with police, defense and prosecution attorneys, judges and forensics experts.
Prerequisite(s): None |
|
| Culture, Law, And Politics |
| Credit(s): 2; Generally offered in the fall semester. Will satisfy a Perspective requirement. Enrollment limited to 16 third-year students on first-to-register basis. |
The seminar is intended to afford an opportunity to consider the intersection of law and culture in the context of current political debate. The efficacy and limitations of the law will be explored from an interdisciplinary, synthesizing perspective. Subjects may include such matters as mass media and the arts, privacy, immigration, marriage and family, health and safety, life and death, crime, racial and ethnic conflict, elections, the legislative process, business regulation, the environment, religion, international relations and war.
Prerequisite(s): None |
|
| Culture, Law, Society and Philosophy |
| Credit(s): 3; Fall |
This fall, a new course is being offered that is open to law and divinity school students. The course is Culture, Law, Society and Philosophy. It is an examination of competing "worldviews" - core philosophies and assumptions -- and their impact on modern culture including law, economics, education, politics and society.
The course initially explores the concept of "worldviews" - basic perspectives that each person acquires or absorbs about life and reality. Then turns to the classic western theistic worldview and its impact and implications for society, and the gradual challenges to theism and the eventual triumph in many circles of a full blown naturalistic and secularist perspective. This view challenges the basic assumptions of classic western thought about the meaning of life, the source of moral principles, the meaning of human existence and ultimate reality.
In the face of this secularist perspective, there was still a search for meaning in existentialistic philosophies, rather than as some did, surrender to the "logic" of total despair and nihilism. Literature and arts, as well as formal philosophy were major venues for the exploration of nihilistic and existentialist thought.
Then we have the rise of modern "new age" attempts to find a meaning not in the natural universe, but in the mysteries of the occult and other pseudo-scientific explorations, and quasi-eastern philosophies which seek to find a meaning outside history and the universe as we know it. And finally, the post-modernist challenges to all philosophic assertions of truth and meaning, suggesting that truth itself is subjective, created, personal and the product of self-serving core interests.
The course explores the rise of these ideologies, their often hidden expression in political, social, religious and legal thought - and the challenges they present not only to Christian thought, but to core notions of right and wrong, notions of existing or discoverable truth, meaning and human existence. To what extent are these ideologies communicated in modern film, drama and the arts as well as in more formal contexts? To what extent do we live inconsistently with our own core worldviews - for example, thinking we are serious theists, but acting and choosing more like naturalists - or conversely, thinking we are modern naturalists, but seeking to retain classic views of morality, human freedom and accountability? How does this impact those disciplines, like law and theology, which have historically been grounded in assumptions about discoverable truth and human responsibility?
Students will be challenged to examine their own "worldviews" and the sources of the unarticulated, but absorbed ideas and philosophies which have shaped their society.
Extensive use will be made of lectures, video clips, powerpoint presentations and class discussions.
Text: Ideas Have Consequences: A Worldview Reader (Available from the Professor), and handouts
Prerequisite(s): None |
|
| Debtor-Creditor Law |
| Credit(s): 1; Generally offered in the spring semester. This course is required for the Business track. Will satisfy an elective requirement for the Advocacy track. |
(Overheard following trial, to their lawyers) Plaintiff: "So you got me a judgment. Where's my money? " Defendant: "But my kids will starve if I have to pay!" This course covers the rights, powers, duties, and remedies of debtors and their creditors, both individual and corporate, under relevant state law. Topics include execution of judgments, fraudulent conveyances, exemptions, attachment, liens, and secured transactions. The class meets three times a week for the first one-third of the semester. A mid-semester final examination will be scheduled at the beginning of the semester.
Prerequisite(s): None |
|
| Debtor-Creditor Law II |
| Credit(s): 2; Generally offered in the spring semester. This course is required for the Business track. |
This course serves as an introduction to the rights and obligations of debtors and creditors under the federal Bankruptcy Code. Coverage extends to both consumer and business bankruptcy proceedings. The class meets three times a week for the second two-thirds of the semester.
Prerequisite(s): Debtor-Creditor Law I |
|
| Education Law Seminar |
| Credit(s): 2; Generally offered in the fall semester, evenings. Will satisfy administrative law requirement. |
This course will examine selected legal issues concerning public education, grades K-12. Topics will include affirmative action, search and seizure in the schools, First Amendment rights of students and teachers, student discipline, teacher tenure, religion and public schools, special education, sexual harassment, disability law, school funding, liability and related topics. The course also examines the multiple sources of law regulating the public school environment, from the United States Constitution to local school board policies. Particular attention will be addressed to cutting edge legal issues that can be high profile and controversial.
Prerequisite(s): None |
|
| Eighth Amendment Seminar |
| Credit(s): 2; Spring - Elective |
The Eighth Amendment Seminar will examine the post 1972 Death Penalty Jurisprudence and how that law has impacted North Carolina both statutorily and constitutionally. The course will cover, briefly, the arguments for and against the death penalty and the historical background from which the post Furman constitutional law emerged. The main focus of the course will be the constitutional requirements surrounding this unique body of law first set out by the Supreme Court--the need for objective reviewable standards for narrowing the class of first degree murderers who should be subject to the death penalty as well as the requirement that the sentencer consider any information proffered by the defendant in mitigation for a sentence other than death--and how 30 years of litigation has shaped and added to these two primary (and often inconsistent) requirements of a constitutional death penalty procedure (again, and how this translates into North Carolina law). There will also be coverage of the process: the litigation from trial to execution, including the use of federal habeas corpus law and the civil rights statutes, 42 U.S.C. 1983, to try to undermine the penalty. I expect to have at least two guest speakers, a prosecutor and a defense lawyer to present their perspectives on this emotional issue. In regard to grading: the last time I taught this course, I gave an open book take home examination. I presently am weighing doing that again or having a series of small papers from the students or a combination of the two. This likely will be determined by the size of the class.
Prerequisite(s): None |
|
| Elder Law |
| Credit(s): 2; Generally offered spring semester, even-numbered years. |
A study of Wills and Trusts issues particularly applicable to the elderly. Medicaid, Medicare and Social Security issues are also covered. Health care powers of attorney, living wills and right-to- die issues are also covered.
Prerequisite(s): None |
|
| Employment Law |
| Credit(s): 2; Generally offered fall semester, evenings. Will satisfy the administrative law requirement. Will satisfy an elective requirement for the Business track. |
This class will focus on the federal employment discrimination statutes including Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act, and the 1991 Civil Rights Act. Other topics include the interaction of these statutes with the National Labor Relations Act and common law causes of action for wrongful discharge, breach of contract, intentional infliction of emotional distress, etc.
This class will be extremely helpful to any student interested in a general litigation practice, students who wish to advise business clients, and those students who are interested in
specializing in employment law.
Prerequisite(s): None |
|
| Entertainment & Sports Law |
| Credit(s): 2; Generally offered in the fall semester, evenings. |
The Entertainment and Sports Law course focuses on teaching future practitioners the essence of the entertainment industry from a legal and business aspect. The course approaches
entertainment law as a compilation of separate bodies of the law, best described as: "contract law and commercial litigation, with an intellectual twist." Significance is placed upon an understanding of the fundamentals of various entertainment and sports contracts, along with the underlying aspects of litigation and intellectual property. Emphasis is placed on the practical
application of the materials studied and the professor's experiences in the industry.
Prerequisite(s): None |
|
| Environmental Law |
| Credit(s): 2; Generally offered in the spring semester, evenings. Will satisfy administrative law requirement. |
This course is a study of the primary laws, agencies and programs designed to protect the environment, including for the protection of air, water, human health, and endangered species and their habitat. We will cover the administrative law and substantive aspects of creating environmental agencies, adopting environmental rules and standards, acting on environmental permit applications, issuing penalties and corrective orders, and responding to same. We will use several environmental disputes to examine the evidentiary aspects of environmental disputes, including environmental sampling and modeling, and some of the underlying scientific and technical principals.
Prerequisite(s): None |
|
| Estate Administration |
| Credit(s): 2; Generally offered in the fall semester. |
A study of the administration of decedent's estates, including the probate process, claims of creditors, fiduciary responsibilities, duties of the personal representative, and the attorney's role in representing the estate. The forms commonly used in North Carolina will be used as a model. The North Carolina statutes addressing the above matters will also be examined.
Prerequisite(s): Wills & Trusts; Income Tax |
|
| Estate And Gift Taxation |
| Credit(s): 3; Generally offered in the fall semester. |
This course considers the transfer tax provisions of the Internal Revenue Code and is taught using a problem approach. The course is a prerequisite for Estate Planning.
Prerequisite(s): None |
|
| Estate Planning |
| Credit(s): 2; Generally offered in the spring semester. Will satisfy planning course requirement. |
This course reviews and evaluates planning opportunities and techniques inherent within the Federal transfer tax system. The objective is to assist the student in learning how to accomplish a client's wealth transfer goals while reducing the transfer tax consequences through careful planning and drafting. The course also considers the unique issues of professional responsibility raised in the context of transfer tax planning.
Prerequisite(s): Estate and Gift Tax |
|
| Evidence |
| Credit(s): 3; Required in the fall semester, second year. |
A study of the Federal Rules of Evidence and their application in the presentation of proof of controverted facts at trial. The course will compare and contrast the Federal Rules with their common law antecedents and with practice in North Carolina State courts.
Prerequisite(s): None |
|
| Externships |
| Credit(s): 2; Generally offered in both fall and spring semesters and during the summer. Limited Enrollment. |
The Externship Program allows student volunteers to work in public service positions under the direct supervision of an attorney in the participating office. In addition, students meet with, and prepare memoranda for, their supervising faculty member on a regular basis. Students must be in good academic standing to participate and may not receive any compensation or reimbursements. In order to earn the one-time-only two-hour's credit, a minimum of 112 hours must be spent performing this public service work. (Additional hours or requirements may also be imposed by the supervising office.) Externships are available during both the fall and spring semesters, as well as during the summer. Space may be limited.
Prerequisite(s): None |
|
| Family Law |
| Credit(s): 3; Generally offered in the fall semester. |
This course will examine the traditional body of law regarding the rights and duties of family members, as well as the legal and ethical questions posed to family relationships by societal change and technological advancement. Emphasis will be placed on both practical and theoretical learning. Students will also study N.C. cases and statutes and will have an opportunity to prepare and discuss practical hypotheticals concerning equitable distribution, alimony and child support.
Prerequisite(s): This course may be taken any time after the first year. Because Family Law is a prerequisite to Family Law Planning, it is recommended that it be taken in the fall semester of the second year. |
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| Family Law Planning |
| Credit(s): 2; Generally offered in the spring semester; will satisfy planning course requirement. |
This professional skills course focuses on the planning, drafting, interviewing, and negotiating abilities necessary for a successful family law practice. The course is taught using a simulated clinical setting, with actors serving as clients. After forming law firms, students interview clients. Pertinent legal documents are then drafted, some individually and others by law firm partners. Students also engage in a negotiation exercise with opposing counsel.
Topics covered include antenuptial agreements, separation agreements, pretrial discovery, and divorce pleadings. Equitable distribution, custody, child support, and ethical issues in family law practice are also addressed. Assignments are designed to enhance substantive knowledge of family law, as well as to develop practical skills.
There is no final examination in the course. Grades are based on work product and participation. Family Law is a prerequisite for this professional skills course. Enrollment is
limited to 20 students.
Prerequisite(s): Family Law |
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| Federal Courts |
| Credit(s): 2; Offered periodically in the spring semester. |
Practicing in federal court can be intimidating. Since federal courts are courts of limited
jurisdiction, understanding how they operate poses some of the most difficult and yet most
interesting issues in American law. This course focuses on the jurisdiction of federal courts,
choice of law in the federal system, federal common law, removal, finality and appellate review,
abstention, federal court review of state court proceedings, state sovereign immunity and the
Eleventh Amendment, and federal habeas corpus. It provides an important foundation for
litigation, civil rights, and government practice careers and for judicial clerkships.
Prerequisite(s): None |
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| Federal Crimes Seminar |
| Credit(s): 2; Generally offered in the spring semester of odd-numbered years, evenings. |
Course surveys federal crimes and procedures. Specific crimes that are addressed include conspiracy, fraud, RICO, money laundering, public corruption, firearms, and drugs. Students will also become familiar with the utilization of the United States Sentencing Guidelines and with procedures utilized in federal criminal practice.
Prerequisite(s): None |
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| First Amendment Seminar |
| Credit(s): 2; Offered in spring semester. Will satisfy the perspective requirement. Enrollment limited to
20 students. Prerequisite: Constitutional Law II. |
This seminar examines the historical and intellectual underpinnings of the First Amendment's
speech and religion clauses. Coverage varies from year to year. Reading materials for the first
half of the semester will be assigned, and the class format will involve discussion of these
materials and their implications. Participants research and write papers on a First Amendment
topic, with a presentation of those papers in class during the last half of the semester.
Prerequisite(s): Constitutional Law II |
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| Franchise Law |
| Credit(s): 2; Fall Semester - 2008 |
The idea of franchising as a way of doing business was developed in the United States in the mid-20th century and has become a huge part of global commerce. The United States is the largest source of franchised business concepts and has the largest number of operating franchisers and franchisees. Franchising is more regulated than most people think. Franchisers must comply with detailed disclosure statements at both the federal and state levels and in fifteen states franchisers are subject to registration requirements and/or statutes controlling significant aspects of their contractual relationships with franchisees. Each franchise relationship is governed by a franchise agreement covering many items, including fees, operating manuals, training, advertising, use of trademarks, confidentiality provisions, territories, termination, transfer and renewal. The franchise agreements of several well-known franchisers will be examined in detail.
Franchising is substantially affected by Intellectual Property Law and Antitrust Law. Approximately five classes will be devoted to each. The Intellectual Property classes will focus primarily on trademarks because of their central role in franchising.
A portion of the course also covers high profile manufacturer-dealer relationships which are separately regulated at the state and/or federal level, including auto dealers, gas stations, farm equipment outlets, beer distributors, and soft-drink bottlers.
Prerequisite(s): None |
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| Government Litigation |
| Credit(s): 2; Generally offered in the fall semester. Will satisfy an elective requirement for the Advocacy track. |
This course examines the substantive and procedural rules that apply when the United States is a party to litigation. The course includes a study of federal jurisdiction, sovereign immunity, official immunity for government officials, scope of review of agency decision making, and the administrative process that is often required prior to seeking review of federal agency decisions or actions.
Prerequisite(s): None |
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| Health Law |
| Credit(s): 2; Generally offered in the spring semester; will satisfy the administrative law requirement. |
An overview of some of the medical-legal issues that practitioners may face when representing consumers of health care or those who deliver health care. The course includes a study of the regulation of the medical profession by the state and federal governments through licensing and quality assurance standards, the substantive issues surrounding recovery for medical negligence, the professional-patient relationship, Medicare and Medicaid fraud and abuse, and bio-ethical issues such as informed consent, withdrawal of life sustaining treatment, and do not resuscitate orders.
Prerequisite(s): None |
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| Historical Sources of Modern Legal Systems Seminar |
| Credit(s): 2; Will satisfy a Perspective requirement. |
This seminar investigates the two main originating sources of modern law. Roman Law underlies the legal systems of most modern states, including those of Europe, Latin America, Asia and the Middle East. And the old Common Law is the foundation for all those countries which have an English legal heritage including America, Canada, Australia, New Zealand, Canada and parts of South Africa. These roots are most useful in understanding modern law just as Latin is useful in understanding modern English language.
The texts will include Lawson's Introduction to Roman Law (or some other brief introductory text - there are several) and The Institutes of Gaius (which are available on the web). Any text will do for Common Law, but Theodore Plucknett's Concise History of the Common Law is recommended - it is old but very beautiful. Several copies of Plucknett should still be around. We are trying to get some used copies, the new ones cost 125$.
The form of the seminar will be class discussion on syllabus materials (in preparation). A short one page summary of each set of materials will be due at the beginning of each class to ensure that discussion is based on knowledge. Examination will be by a term paper on some topic raised during the course (not the history of the courthouse in Bladenboro). Linking the topic with the modern legal environment will be essential given the purpose of the course.
The course will hopefully take place in a single two hour session each week. Time still to be arranged.
Prerequisite(s): None |
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| Immigration And Refugee Law & Practice |
| Credit(s): 3; Generally offered in the fall semester; will satisfy the administrative law requirement. |
The course involves a substantive overview of current immigration and refugee law with a focus on immigration law aspects of a general practice. The course covers core areas such as the constitutional, statutory and administrative bases for immigration law; international aspects of refugee and asylum law; and the more practice oriented examination of the formal rules, regulations and procedures of the statutes and INS Regulations governing areas such as admission of aliens, exclusion, deportation, asylum and citizenship. Students will be exposed to practical applications of these procedures.
Prerequisite(s): None |
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| Income Taxation |
| Credit(s): 2; Generally offered in the spring semester and in the summer. Required by spring semester, second-year. |
A study of the fundamentals of federal income taxation, primarily as it relates to individuals. The major areas studied are: definition of gross income subject to taxation and exclusions therefrom; assignment of income; capital gains; business deductions; deductions in transactions entered into for profit; non-business deductions; installment sales; and, non-recognition provisions.
Prerequisite(s): None |
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| Insurance Law |
| Credit(s): 2; Generally offered in the fall semester. Will satisfy an elective requirement for the Advocacy track. |
This course combines a theoretical and a practical examination of the current legal issues in insurance law, from the regulation of the business of insurance to the interpretation of the insurance contract. The course covers the basic issues that arise in property, health and life insurance, and a significant portion of the course will center on liability insurance and its substantive and procedural application to tort litigation. The course assumes a satisfactory knowledge of contracts, torts and civil procedure.
Prerequisite(s): None |
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| Intellectual Property |
| Credit(s): 2; Generally offered in the spring semester, even-numbered years, evenings. Will satisfy an elective requirement for the Business track. |
The Intellectual Property Law course encompasses the primary intellectual property practice areas of copyrights, trademarks, trade secrets, and patents. The course covers material that is important to those seeking to practice corporate/business law, those who want to be in-house attorneys, as well as to those who want to practice primarily in one or more of the intellectual property practice areas. The copyright section focuses on the complexities of copyright subject matter, ownership and infringement issues. The trademark section addresses the requirements for obtaining a trademark, including an in-depth study of "descriptive," "suggestive," and "fanciful" trademarks and the consequences of choosing such marks for use in commerce, as well as issues surrounding "genericness." The patent section focuses on what is patentable subject matter, including discussions on computer software, business methods, and biotechnology and the current controversies surrounding patent protection for these cutting edge technologies. We will also study the complex provisions of 35 USC §102, and patent infringement issues. I prefer class discussions, and foster them by giving a homework assignment for each general practice area. The final for each student is to write a paper on the topic of his or her choosing.
Prerequisite(s): None |
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| International Commercial Arbitration |
| Credit(s): 1; Offered in fall semester. |
The seminar combines the theoretical with the practical and has as its context during the second half of the semester the problem presented in the current Willem C. Vis International Commercial Moot Arbitration Competition. The course is intended to identify and explore the legal issues raised by arbitration as the preferred dispute resolution mechanism in the global business setting and by the U.N. Convention on Contracts for the International Sale of Goods in particular. It is a prerequisite to participation on the Moot Arbitration team.
Prerequisite(s): None |
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| Internet Law (Ilaw) |
| Credit(s): 2; Generally offered in fall semester. Will satisfy an elective requirement for the Business track. |
The emergence of the internet and digital technologies has brought a host of new legal issues that lawyers preparing to practice in the 21st century need to understand and address. This broad survey course examines the growing interdisciplinary area of internet and computer-related law, seeking to pinpoint the major controversies and to identify the emerging legal principles. Topics include regulation of internet access and content, privacy and the control of personal data, domain names and trademark infringement, copyright and fair use in cyberspace, the Napster controversy and its aftermath, online contracts and e-commerce, and jurisdiction and choice of law.
Prerequisite(s): None |
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| Judicial Process |
| Credit(s): 2; Generally offered in the spring semester; enrollment limited to 15. Will satisfy a Perspective requirement. |
Considers nature and dimensions of law, scope of judicial lawmaking function under various theories about law, choice points in the judicial process, constraints on judicial lawmaking imposed by systemic policies or values, methods of judicial decision making, behavioral and empirical approaches to judicial process, statutory construction, and justice function of courts. Briefly examines influence of legal education on judicial lawmaking, enhanced status of state constitutions in judicial lawmaking, key individuals in American judicial tradition, and practical aspects of appellate advocacy. Reading assignments from writings of judges, scholars, and court opinions.
Prerequisite(s): None |
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| Jurisprudence / Foundations Of Law |
| Credit(s): 2; Generally offered in the fall & spring semesters. Will satisfy a Jurisprudence requirement. |
The course provides a critical introduction to the main schools of jurisprudence, considering each from the perspectives of (1) the organization of law, (2) the justification of law, and (3) the role of the lawyer. It is also designed to demonstrate to students that law contains philosophical problems that are of practical significance. The course also attempts to equip the student with some tools needed to consider effectively philosophical problems in the law; two topics in particular are discussed: the nature and use of language; and value theory.
Prerequisite(s): None |
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| Juvenile Mediation Project - Classroom |
| Credit(s): 2; Generally offered in the fall semester. Enrollment limited to 18 students. |
The goal of this course is to expose the student to both the theory and practical aspects of the mediation process simultaneously, in the context of juvenile mediation and "restorative justice." The first part of the semester will consider the formal theory relating to mediation and ancillary dispute resolution processes, particularly in the juvenile mediation setting: preparation, process, confidentiality, role, facilitation (including communication/listening/issue clarification/etc.), impasse, resolution, agreement preparation, ethical considerations. This part of the course will depend on reading/class discussion, multi-media presentation, controlled role play, etc. to develop the student's exposure to and skills in the area. This portion of the semester will close with a live role play in which students will have the opportunity of using their developing skills in a full-length simulated mediation which will be both observed and critiqued. In the remainder of the semester students will observe, critique and, as confidence, experience and willingness allows (under supervision), assist in actual mediations in the juvenile justice setting, deriving from live cases in the Harnett/Lee/Johnston County judicial district. Classroom time will be dedicated to a practical discussion/consideration of what the students have observed/participated in, giving substance to the theory being considered, as well as presentations from key individuals involved in juvenile justice in the judicial district. Students will keep an "observation journal" throughout the semester, and will produce an original paper from their own study/research on a topic related to mediation. Final grade will be determined by a combination of completion of the assigned journal, class room participation and quality of the final paper.
Prerequisite(s): None |
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| Juvenile Mediation Project - Clinical |
| Credit(s): 1; Offered in the fall and spring semesters. |
Patterned on an "independent study" model, students will participate in live-client mediation services in the juvenile justice area, in cases derived from the 11th North Carolina judicial district (Harnett/Lee/Johnston counties). Under clinical supervision students will engage in all aspects of live-client services, including intake/evaluation, initial contact and program description, client participation, preliminary meetings/fact gathering, along with all aspects of live mediation: convening, opening statements and program introduction, mediation, document drafting and filing, etc. Students will keep a case log and file and will receive informal evaluation and training through meetings with the clinical supervisors. The course will be graded on a "pass/fail" basis.
Prerequisite(s): JUVENILE MEDIATION PROJECT - CLASSROOM |
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| Language Of Lawyers: The Art Of Writing For The Legal Profession |
| Credit(s): 2; Generally offered in the fall semester. Will satisfy an elective requirement for the Advocacy track. |
Language of Lawyers is a seminar, limited to 12 students, designed to help students use language more effectively and efficiently in all the writing that they do. By mastering the creative process, logic, and advanced language skills, students will learn to produce more effective legal arguments.
Prerequisite(s): None |
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| Law And Accounting |
| Credit(s): 2; Generally offered in the fall semester. Required for Business track, unless student has six hours of undergraduate accounting, or equivalent. |
An introduction to accounting and other financial concepts used by lawyers in various areas of practice. The course concentrates on basic financial and accounting concepts and is intended for students with no accounting or business background. Students with 3 or more semester hours of undergraduate accounting may not take this course.
It is strongly recommended that students who have not had any exposure to accounting and finance concepts take this course before taking Business Organizations and Income Taxation.
Prerequisite(s): None |
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| Law and Humanities Seminar |
| Credit(s): 2; Elective |
Socrates exhorts us to live an "examined life." This seminar aims to facilitate students' examination of their prospective life in the law through the rich resources offered by the humanities (e.g., fiction and narrative, cinema, history, philosophy, religion, biography). Appealing to head and heart, it will address moral and ethical issues and conflicts in the law and legal practice.
Specific objectives include: (1) gaining a better understanding of the ideals as well as realities of law and its practice; (2) facilitating self-reflection and clarification of personal values and aspirations; (3) nurturing the desire to pursue legal practice as a calling to public and professional service; (4) increasing appreciation for the role of the humanities in personal and professional renewal.
Students will read materials and excerpts from various disciplines. Major readings are likely to include Langdon Gilkey's, Shantung Compound (a WW II narrative of a civilian prisoner community depicting the complexity of human nature and relationships, law and government, personal calling and character); excerpts from Jonathan Harr's, A Civil Action (the account of an environmental tort case raising questions about the adversarial system and its relation to justice and professionalism, lifestyle, and balance); and Robert Bolt's, A Man for All Seasons.
Likely projects include short reports (e.g., an interview with an experienced attorney or judge) and a reflective term paper related to a significant work involving the law and humanities, legal biography, or research topic of special interest.
Questions about this course may be directed to David Hostetler (919-962-3362 / hos@unc.edu.)
Prerequisite(s): None |
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| Law And Medicine |
| Credit(s): 2; Generally offered in the spring semester. Will satisfy an elective requirement for the Advocacy track. |
This is a practical skills course designed to enable people who do not know their ear from their elbow to read and understand the contents of a medical chart for compensation purposes. The course is designed for anyone considering working in personal injury or disability areas. The three essentials to be supplied in this course are:
(1) Familiarity with the principal documents in a medical record; knowing when to consult each of them, what they will do for you and (equally important) what they will not do;
(2) Implanting on the hard drive of the mind a basic medical vocabulary including the more common letter abbreviations;
(3) A specially digested and prepared modicum of information about clinical medicine which will enable the student to understand the contents of the record.
The classes will be interactive using specially prepared POWERPOINT presentations. There will also be TOOLBOOK tutorials and quizzes to sharpen understanding (not to grade performance).
Evaluation will be by examination, mainly short questions but with two or three essays on important topics (e.g., subtle brain damage or the evaluation of low back pain).
Prerequisite(s): None |
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| Law Firm Computer Lab |
| Credit(s): 2; Generally offered in both fall & spring semesters. |
This unique course will prepare both novice and expert computer users for the daily use of technology within a law practice. There are no typing or other prerequisite computer skills required. Grading will be based upon attendance, class participation and individual projects.
From Windows file management through legal specialty software, the focus will be on how a law office should take advantage of technology to increase income, enhance professionalism and improve quality of life. Course material will include Internet fact searches and shareware downloads, a PowerPoint presentation, an Excel spreadsheet, a document assembly template, Amicus Attorney case management functions, Microsoft Publisher desktop publishing and WORLDOX document management. A brief review of alternative products in each category will provide contrast and comparison. Along the way, students learn about computer networks and why they are important.
2L students are encouraged, however, 3L students have priority and oversubscription is handled via lottery. Class will be held in the Microsoft Corporation Computer Training Laboratory on the 4th floor of Kivett.
Prerequisite(s): None |
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| Law In American History |
| Credit(s): 2; Generally offered in the spring semester, odd years. Will satisfy a Perspective requirement. Enrollment limited to 24. |
Consideration of the historical implications of law as a catalyzing influence in American social/cultural/political development. Centering on the deceptively simple phrase, "...law changes things...," considers some of the ways "law" has discretely shaped U.S. development to date. Through study of such areas as colonial/constitutional development, economic emergence, social development throughout the nineteenth century (war, labor, social welfare, common law transformation, American "apartheid"), progressive development in the early 20th century and law at the new millennium, seeks understanding of law's past effects on the society it "serves," and, through such study, discernment of students' places as future members of this transforming profession.
Prerequisite(s): None |
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| Law Practice & Management |
| Credit(s): 2; Generally offered in the fall semester. |
Formerly known as Law Office Operation and Management (LOOM), the name change was selected to assure that those interested in taking the course understand that it will not focus only on those who intend to open their own practice. Rather, the course is designed to assist the students in making the transition from law student to active practitioner, no matter what your initial practice choice might be.
The classes will be a combination of lectures and open forum discussions. In addition to t he professor, guest speakers will include active practitioners from all segments of the legal community-large firms, small firms, solo practitioners, government lawyers, plus judges and lay persons such as paralegals and courthouse personnel. All will focus on the practical aspects of the practice of law. Their goal will be to give the new lawyer helpful hints which will make the transition from law student to practicing attorney more comfortable and more efficient. Additionally, demonstrations of such things as mediations and client intake interviews are anticipated. Class time will also be set aside to provide the students with opportunities to select topics which they wish to address.
Students will be provided with (1) a comprehensive set of forms which should be useful in the actual practice (2) reading material on each of the major topics discussed in class and (3) suggested resources for keeping your practice up-to-date.
The course will cover such topics as the pursuit of a job; making wise initial decisions about your career; tips from established lawyers and lay persons about establishing good relationships within your firm and within the courthouse; obtaining and maintaining good clients; client intake and interviewing; client relations; marketing your services; establishing a good reputation in the legal and civic community; acquiring and maintaining good support personnel; team building, training and mentoring expectations; internal law office operations and management; computer technology, setting; charging and collecting fees; time keeping and billing; engagement and non-engagement agreements; partnership and professional corporation agreements; the billable hour; contingency fees; managing trust accounts; gender issues; quality of life and risk management (avoiding malpractice claims).
Historically, this course has concluded with a true-false, multiple choice, short answer exam. However, it is anticipated that this may be replaced by various student projects conducted during the semester.
Prerequisite(s): None |
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| Law, Lawyers And Literature |
| Credit(s): 2; Generally offered in the spring semester, odd-numbered years. Will satisfy a Perspective requirement. Enrollment limited to 18. |
This course references "literature" in its broadest forms - fiction, poetry, narrative biography and other non-fiction, cinema, music, etc. - to shed light on the profession of law, its practice, and the persons who practice it. Through both classical and lesser-known works, the course will explore legal norms and professional performance, raising and addressing critical issues involving law, legal process and their effects on individuals and society. It will also seek to sketch out major themes of law and lawyers in literature, and explore those themes: lawyer as hero/lawyer as icon; ethical dilemmas confronting or created by lawyers; law, lawyers and murder; law and justice in literature; the "what" and "why" of lawyer jokes, etc. In the end the course seeks to both develop and explore the concepts of "law" and "lawyers" as reflected in American popular culture. Grading will consist of active class attendance and participation, and production of a detailed critique/review of a significant piece of relevant literature selected by the student and approved by the professor.
Prerequisite(s): None |
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| Legislative Representation |
| Credit(s): 2; Generally offered in the spring semester. |
Under the theory that "you have to elect them before you can lobby them," this course is a study of the statutes and procedures (1) governing the conduct and financing of elections and (2) regulating the practice of lobbying. The first part of the semester will examine the regulation, conduct, and financing of federal and North Carolina elections. The second part of the semester will look at the various statutes regulating the activity of lobbyists.
Prerequisite(s): None |
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| Local Government Law |
| Credit(s): 2; Generally offered in the spring semester, even-numbered years. Will satisfy the Administrative Law requirement. |
This course is a study of the forms, functions and powers of local governments; the interrelation between local, state and federal governments, and the limitations on the exercise of local government power. Considerable attention will be given to North Carolina statutory and relevant case law on land use and other controversial legal issues, which are frequently the subject of litigation. When possible, guest lecturers will be invited to further stimulate class participation and expose students to real life problems facing local governments.
Prerequisite(s): None |
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| Media Law |
| Credit(s): 2; Generally offered in the fall semester of even-numbered years. |
Rocket engines on pickup trucks? Private lives of presidents? Leaks from the ship of state? The course addresses the legal framework within which the mass media operate -- regulatory, statutory, common law, and constitutional. The focus is on the print and broadcast media, but the newer electronic media, such as cable television and the Internet, are also considered. Topics include privacy, defamation, prior restraints, freedom of information, licensing, obscenity, indecency, violence, election campaigns, commercial advertising, and regulation of the media as business.
Prerequisite(s): None |
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| Military Law |
| Credit(s): 2; Offered occasionally. Will satisfy the administrative law requirement. |
A study of the relationship between the U.S. Armed Forces and the American society. The course explores the unique rules and regulations that apply to the military in America. Topics covered include civilian judicial review of military decisions, individual rights of members of the military, the military judicial system, and the war powers allocated to the Executive and Legislative branches of government.
Prerequisite(s): None |
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| National Security Law |
| Credit(s): 2; Generally offered in the fall semester. |
A study of the evolution of national security law. From its origin in the constitution to the passage of the USA/Patriot Act, national security law has played a major role in our country's history. This course will examine separation of powers, the domestic effects of international law, investigating and prosecuting terrorism, and other national security threats. In lieu of a final exam, students will be expected to submit a paper related to national security law. The paper shall be a minimum of 20 double-spaced typewritten pages with either endnotes or footnotes.
Prerequisite(s): None |
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| Negotiations |
| Credit(s): 2; Generally offered in the spring semester, odd-numbered years. Will satisfy an elective requirement for the Advocacy track. |
A practical skills course with focus on the law governing various forms of alternative dispute resolution, and the professional skills required for their effective use. The course covers aspects of negotiations, mediation and arbitration and includes extensive use of simulated disputes, video-taped exercises and group activities. Special attention is also given to N.C. alternative dispute resolution legislation and models.
Prerequisite(s): None |
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| Non-Profit Organizations: Legal Issues And Representation |
| Credit(s): 2; Generally offered in the spring semester, odd-numbered years. Will satisfy an elective requirement for the Business track. |
The course consists of a review of major areas of law and policy affecting the operations and structures of non-profit associations and corporations including churches and religious bodies as well as other entities. Areas covered include such issues as legal status, governance through Constitutions and Bylaws, I.R.S. rules and regulations, exempt status such as §501(c)(3) tax exemption, state regulations, duties of Boards of Directors and officers, fundraising and financial regulations, private inurement and lobbying restrictions, and a review of issues of liabilities related to the organization's staff and volunteers. Students will be expected to focus on the types of organizations such as churches, political action groups, hospitals, etc. where they have a special interest.
Prerequisite(s): None |
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| North Carolina Criminal Procedure |
| Credit(s): 2; Generally offered during the spring semester. Will satisfy an elective requirement for the Advocacy track. |
Extensive examination of North Carolina criminal procedure and related rules and statutes (North Carolina General Statutes Chapter 15-A, portions of Chapters 5A and 7A and the Rules of Appellate Procedure) cases and practice. Emphasis on practical skills in using North Carolina rules and statutory provisions. Paper and examination.
Prerequisite(s): None |
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| North Carolina Legal History |
| Credit(s): 2; Generally offered in the spring semester, even-numbered years. Will satisfy a Perspective requirement. Enrollment limited to 18. |
Referencing basic principles of historiography and historical methodology, this seminar introduces the student to discrete legal aspects of selected events and primary themes in North Carolina history. The course will survey North Carolina history - colonial development and Revolutionary involvement; participation in the Constitution process; early 19th century infrastructural development and economic expansion; slavery, sectionalism and Civil War; Reconstruction, identification with "New South" ideologies; and emergence of "modern" North Carolina in the 20th century - focusing attention on the unique place of law in the development of that history. The course will rely on and emphasize primary and secondary source materials traditionally associated with or the product of historical analysis and methodology. Grading will consist of short responses to the readings, class participation and discussion, and a significant research paper on a relevant, self-selected research topic.
Prerequisite(s): None |
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| North Carolina Motor Vehicle Law |
| Credit(s): 2; Generally offered in the spring semester. |
The course will include the study of driver's license eligibility; revocations and suspensions of driver's license; the insurance and motor vehicle points systems, a concentration on the rules of the road, including driving while impaired, careless and reckless driving, speeding; a concentration on the Safe Roads Act; a study of the breathalyzer and radar; a brief review of automobile liability insurance; and civil tort theories.
Prerequisite(s): None |
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| Payment Systems |
| Credit(s): 3; Fall - Third Year Required |
This course focuses on Commercial Law and includes a study of commercial paper (negotiable instruments) and payment systems. Students study Articles 3 and 4 of the Uniform Commercial Code, as well as an overview of the law of debit and credit cards and electronic funds transfers under state and federal law.
Prerequisite(s): None |
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| Perspectives On American Justice |
| Credit(s): 2; Generally offered in the spring semester of even-numbered years. Will satisfy a Perspective requirement. Enrollment limited to 18. |
Conceived as a "big question" seminar, this class will address, in an active discussion format, some of the many policy and moral issues inevitably arising within the American criminal justice process and system. While the discussion topic list may differ from year-to-year, it will undoubtedly include readings/discussions around such central issues as capital punishment, sentencing, the "presumption of innocence," "plea bargaining" and agreements, the policing process, race and gender issues related to the process and system, "zealous representation" in the criminal process, etc. Where possible and appropriate, the discussion will be led by "experts" in the field: police officers, prosecuting and defense counsel, judges, policy makers, etc. The course is designed to give the interested student a "close encounter" with the knotty issues naturally attendant with criminal justice in America, addressing problems and canvassing possible solutions.
Prerequisite(s): None |
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| Pretrial Litigation |
| Credit(s): 3; Generally offered in the fall semester. This course is required for General Education Curriculum (GEC) students not taking Advanced Trial & Appellate Advocacy and for all students selecting the Advocacy track. |
This course is recommended to students interested in doing civil litigation or a small firm general practice (which will necessarily involve civil litigation). Students will study litigation planning, client interviewing, witness interviewing, legal investigation & case evaluation, pleadings, discovery, negotiation & settlement, jury focus groups, depositions, motions practice, ADR, Pretrial orders and jury selection. Students will perform some of these skills in simulated exercises and written assignments. Every student will conduct a deposition, argue a motion, prepare a Complaint, an Answer, Interrogatories, Requests for Admission and Request for Production of Documents. (Each section is limited to 24 students.) Third year students must either take this course or Advanced Trial & Appellate Advocacy to complete their Trial Ad requirements.
Prerequisite(s): None |
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| Private International Law/International Business Transactions |
| Credit(s): 2; Generally offered in the fall semester, evenings. Will satisfy an elective requirement for the Business track. |
This course addresses international legal issues typically encountered in a business-oriented and civil litigation legal practice, especially those practices dealing with clients engaged in foreign trade. The course examines topics such as typical documents and contracts used in international trade, franchising, distribution and agency agreements, intellectual property issues, immigration law issues, jurisdiction, enforcement of judgments, collection of evidence, and the role of customs, treaties and international organizations. A complete course outline can be viewed at http://www.eghs.com/course1.html. The lectures are oriented towards practical examples and case studies. Grades are based upon a writing project.
Prerequisite(s): None |
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| Products Liability |
| Credit(s): 2; Generally offered in the fall semester. |
Injuries caused by defective products have been reduced some in recent years, mostly by improved safety designing, but they still continue to occur in substantial numbers and are likely to increase as a greater variety of products reach the market. Most of these will be due to manufacturing defects but design and warnings cases continue to occur in significant numbers. Personal injury firms, both plaintiffs and defense, have become increasingly aware of the importance of products liability and are more and more taking note of the fact that applicants have taken this course. This topic is also assuming increasing political importance as foreign manufacturers and other sellers consider establishing businesses in the United States. They are rather worried about certain features of our law. It is important then to compare and contrast products liability law in the US with that in countries, the vast majority, who have bought into the European Community directive on products liability. Materials from these jurisdictions will be made available during the course.
The Text Book for the course this semester is the recent 5th edition of Henderson and Twerski's PRODUCTS LIABILITY, PROBLEMS AND PROCESS (Aspen 1994). This will be supplemented by reference to the new horn book Owens, Products Liability Law, Thompsn/West 2005. Frequent reference will also be made to the Restatement of Torts 3rd; Products Liability. The R3rdT PL is a good book to have but will not be assigned.
With regard to method, the course will feature branching diagrams summarizing each topic on the course which will be made available before each class. Use will also be made of other formal tools. Case reports will be used to illustrate the application of these formal diagrams to fact situations. You will be using them in class and should also be able to work your way through these as a test of understanding and an excellent form of continuing revision. There will also be computerized tutorials and tests for revision purposes. These will be available on Lexis WEB PAGES and also on the Campbell Law School page on the web and it is strongly advised that you keep up with these as you go along.
In addition to its own intrinsic importance, the study of Products Liability is an excellent revision course for Torts in general and therefore useful when you come to take the Bar Exam.
Prerequisite(s): None |
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| Professional Responsibility & Ethics |
| Credit(s): 2; Required course. Fall semester, second year. |
This course considers the law and ethics of lawyering. It focuses on professional responsibility as embodied in the ideals of the legal profession articulated by leading members of the bar and professional groups, and on basic ethical requirements in the relationship between lawyer and client, lawyer and court, and lawyer and society. Topics covered include prohibited assistance, competence, confidentiality, fees, and conflicts of interest.
Prerequisite(s): None |
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| Professional Skills: Advanced Legal Research |
| Credit(s): 2; Elective Course in the Spring Semester and/or Summer School |
Advanced Legal Research, limited to 20 students, is designed to teach students effective research strategies and to encourage critical assessment of print and electronic sources. The student will learn how to find the best, relevant information resources available, and how to integrate these resources into a final work product.
This course builds upon the legal research principles and techniques learned in the first-year course. Class sessions will begin with a review of the basic legal research sources learned in the first year and will advance to instruction in the more specialized sources not discussed, or only touched on, in the first year. In addition, the course will emphasize the tools and techniques used in the practice of law.
During the semester, the student will create annotated bibliographies that form the foundation of a pathfinder. The bibliographies will be evaluated individually in order to give each student continuous feedback throughout the semester. Each student will create a Pathfinder into which they will incorporate the bibliographies they have developed throughout the course. The subject of the Pathfinder will be chosen by the student based on his or her legal interests or areas in which the student wishes to learn more information.
Prerequisite(s): None |
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| Professional Skills: Appellate Advocacy |
| Credit(s): 1; Required course in fall semester, second year. |
In this third semester Professional Skills course, students apply their research, analytical and writing skills to the appellate process. From an appellate record, two-student teams are required to write a brief and argue each side of the problem in the preliminary round of the Intramural Moot Court Competition. Lectures, assigned readings, workshops, and demonstrations are used to introduce students to the art of appellate advocacy. All students research, brief, and argue the same appellate problem. Students receive a course grade based on the appellate brief and the oral arguments in accordance with the applicable numerical grading scale. After completing the six-week course, students may elect to compete in the Intramural Moot Court Competition. The Intramural Competition uses the course appellate problem. Although the course is required, participation in the Intramural Competition is voluntary.
Prerequisite(s): None |
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| Professional Skills: Judicial Writing |
| Credit(s): 2; Elective course generally offered in the spring semester, odd-numbered years. |
Judicial Writing is an advanced legal writing seminar course, limited to 14 students, and designed to help students refine research, analysis, and writing skills in a manner suited to judicial clerkships or appellate practice. Assigned readings, class meetings, and individual conferences are designed to instruct students on legal writing from the perspective of judges and lawmakers, as well as advocates. Students will complete several short writing assignments and one long final writing assignment. In addition, students will act as judges and/or clerks in an appellate oral argument scenario.
Prerequisite(s): None |
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| Professional Skills: Legal Research |
| Credit(s): 1; Required course in fall semester, first year. |
This course introduces first-year law students to basic legal analysis and legal research. The course consists of twelve one-hour lectures and six-to-eight small group library sessions. Faculty prepare and instruct in the weekly lecture sessions, providing a cohesive overview to various legal research source materials and methodology as well as basic instruction in the Uniform System of Citation according to The Bluebook. Students also meet weekly for six-to-eight weeks in small groups of approximately twenty students and participate in research workshops designed to provide hands-on instruction on the use of research materials and methods discussed in the lecture session. The workshop sessions are led by either full-time faculty, library personnel, or experienced student assistants designated Legal Research and Writing Scholars. This introductory skills course teaches legal research and analysis through hypothetical fact situations. The hypothetical fact situations relate in substance to the first-year substantive course curriculum. For each fact situation (research exercise), each student is required to analyze the legal problem presented by the fact situation, complete the necessary research to analyze the problem in an assigned jurisdiction, and produce a written explanation of the legal analysis, research results and methodology. The course grade reflects the student's competence in completing the research and analysis exercises. Students are graded in accordance with the applicable pass/fail scale.
Prerequisite(s): None |
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| Professional Skills: Legal Writing |
| Credit(s): 2; Required course in spring semester, first year. |
In this second semester Professional Skills course, first-year students are introduced to legal writing. The course consists of lecture and workshop sessions providing instruction on legal analysis, legal writing, and advanced legal research. In addition to attending class and workshop sessions, students complete three-to-five legal writing assignments based on hypothetical fact situations. Each section of the class completes writing assignments based on a different fact situation or client file. The students function as associates in a law firm or clerks for a judge in researching and writing legal documents related to the needs of the hypothetical client or party. Writing assignments may include an objective interoffice memorandum, a pleading, a client letter, a bench brief, and/or a trial court brief. The writing assignments are designed to teach both objective and persuasive legal writing, as well as basic legal drafting. Writing assignments also require students adapt their research, argument, and tone for the appropriate audience. In addition to the writing assignments, students are also required to orally argue the position taken in the trial court brief to a mock trial court. Students are graded in accordance with the applicable numerical grading scale. The course grade reflects the student's competence in completing the legal writing assignments.
Prerequisite(s): None |
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| Professionalism Development Program |
| Credit(s): 0; Required in the first year. |
Campbell's First-Year Professionalism Development Series provides a comprehensive professionalism experience throughout the first year of law study.
Prerequisite(s): None |
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| Property I |
| Credit(s): 2; Required course. Fall semester, first year. |
This course introduces the student to a foundation in real property law. It focuses on the nature of property and is organized into three major areas: landlord and tenant law, estates in land and future interests, and concurrent ownership. Selected issues in professional responsibility, fair housing, and constitutional law as it affects property ownership are also covered.
Prerequisite(s): None |
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| Property II |
| Credit(s): 2; Required course. Spring semester, first year. |
This course builds on the foundation established in Property I. The format centers on the typical real estate transaction. Selected issues in the law of contracts to convey, deeds, the recording act, easements, covenants, zoning, and title assurance are covered. Selected issues concerning the professional responsibility of an attorney practicing real estate law are also covered. The course also highlights real property remedies.
Prerequisite(s): None |
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| Public International Law |
| Credit(s): 2; Generally offered in the spring semester of even-numbered years. |
A study of the law of nations; how sovereigns throughout the world regulate and have regulated their conduct in the world order.
Prerequisite(s): None |
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| Readings In Jurisprudence |
| Credit(s): 2; Generally offered in the spring semester. Will satisfy a Jurisprudence requirement. |
This seminar builds upon a student's elementary understanding of classical jurisprudence by focusing on twentieth century authors as they address questions of structure and value in the law. While authors and works will vary from semester to semester, students should expect to consider the view of such theorists like Hart, Kelsen, Raz, Rawls, Dworkin, Posner, Finnis, Kennedy, Carrington, and MacKinnon.
Prerequisite(s): None |
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| Real Property Planning |
| Credit(s): 2; Generally offered during the spring semester, evenings. Will satisfy the planning requirement for GEC. |
A study of the acquisition, leasing, financing, and development of commercial real estate, including tax consequences and advantages. The course includes such concepts as zoning and land use, the roles of the attorney and broker, commercial lease drafting and interpretation, shopping center projects, and the parties involved in the typical commercial transactions.
Prerequisite(s): None |
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| Remedies |
| Credit(s): 3; Generally offered in the spring semester. |
The course in Remedies is designed to consolidate all of the legal and equitable remedies that are available for failure to meet legal obligations. Included is a consideration of equitable remedies generally, damages for breach of contract and the commission of torts and rescission and restitution. The course is designed primarily for third year students, though second year students may enroll.
Prerequisite(s): None |
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| Sales & Leasing |
| Credit(s): 3; Spring - Elective |
This course, offered to second and third year students, is a survey course designed to expand the students' knowledge of UCC Articles 2 and 2A, building upon concepts learned in Contracts. The course is an elective, but is strongly recommended for all students, since both Articles raise issues that are frequently seen in practice and on the Bar Exam.
Prerequisite(s): None |
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| Scientific Evidence |
| Credit(s): 2; Generally offered in the spring semester. Will satisfy an elective requirement for the Advocacy track. |
The first part of the semester will deal with general concepts involving the use of expert opinion testimony, with the use of physical and demonstrative evidence, and with the testimony of other technical witnesses who often testify in many cases. The remainder of the semester will focus on expert testimony involving such physical and biological evidence as arson and explosives, firearms and toolmarks, fingerprint identification, forensic pathology, photograpic evidence, questioned document examination, serology, DNA, toxicology, trace evidence, and voice spectrography. This class will generally meet twice weekly for 50 minutes; however, this schedule will be somewhat fluid. There will be a number of guest speakers throughout the semester. On those days, the class will meet for 2 hours. Field trips will also require the two-hour time slot, plus additional travel time on both sides of that period. As a result, there will be some offsetting class periods when the class will not meet-unless there is an interest in covering additional topics not presently included on the syllabus.
Enrollment limited to 12 students. 3Ls in the Advocacy Track will be given priority.
Prerequisite(s): Evidence |
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| Secured Transactions |
| Credit(s): 3; |
This course covers the law on secured transactions as it is governed by Article 9 of the Uniform Commercial Code. It addresses the uses of a debtor's personal property to secure a promise to repay money borrowed from a creditor. The secured creditor then has the potential right to seek payment on the debt by directly seizing the debtor's personal property that serves as collateral for the creditor's loan. After a brief consideration of the rights of unsecured creditors and the state-law collection process, the course focuses on the scope and fundamental concepts of Article 9, the rights of parties to a secured transaction between themselves, the rights of Article 9 secured parties against the holders of competing claims, and the treatment of Article 9 security interests in bankruptcy.
Prerequisite(s): None |
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| Securities Regulation |
| Credit(s): 2; Generally offered in the spring semester. Required for Business track. Will satisfy the administrative law requirement. |
This course offers an intensive overview of the two most important federal securities laws: the Securities Act of 1933; and the Securities Exchange Act of 1934. Topics to be covered include the definition of a security, securities transaction registration and exemptions therefrom, the preparation of disclosure documents, the relationship between disclosure obligations and anti-fraud rules, the role of state regulation, and the duties of participants in securities transactions. The course will be based on securities case law and statutes, but will include a strong emphasis on actual practice, transactions and corporate governance matters, including the Sarbanes-Oxley Act of 2002. Co-taught with Professor Mike Todd.
Prerequisite(s): Business Organizations |
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| Social Security Disability Law |
| Credit(s): 2; Generally offered in the spring semester. Will satisfy an elective requirement for the
Advocacy track. |
This course examines the laws, regulations, procedures, and litigation strategies an attorney
needs to know to successfully represent Social Security disability claimants at both the
administrative and federal court levels. It covers claims for benefits under the disability
insurance and supplemental security income programs, disability determination, administrative
hearings and appeals, judicial review, and attorneys fees.
Prerequisite(s): None |
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| Taxation Of Business Entities |
| Credit(s): 2; Generally offered in the fall semester. This course is required for the Business track. |
A study of the tax consequences of organizing and operating C Corporations, S Corporations, Partnerships and Limited Liability Companies. This course is a prerequisite for Business Planning. Prerequisite: Income Tax, Business Organizations
Prerequisite(s): Income Tax & Business Organizations |
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| Torts I |
| Credit(s): 3; Required in both semesters of the first year. |
This is an introductory course addressing noncontractual civil liability and remedies based on intentional, negligent, and innocent conduct. The course also is intended to encourage the development of skills of issue recognition, analysis, and resolution of legal problems through the application of relevant rules and principles of law.
Prerequisite(s): None |
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| Torts II |
| Credit(s): 2; Required in both semesters of the first year. |
This is an introductory course addressing noncontractual civil liability and remedies based on intentional, negligent, and innocent conduct. The course also is intended to encourage the development of skills of issue recognition, analysis, and resolution of legal problems through the application of relevant rules and principles of law.
Prerequisite(s): None |
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| Trial Advocacy I |
| Credit(s): 4; Required in the spring semester, second-year. |
This course involves the performance of basic trial skills. Students will perform Opening Statements, Closing Arguments, Direct Examinations, Cross Examinations, Admission and use of Exhibits, Examination of Expert Witnesses, special problems associated with the examination of defendants and hostile/adverse witnesses. The course will conclude with each student trying a mock criminal jury trial. Each week, in addition to the performance of the trial skills, the students will receive a two hour lecture and demonstration of the skills to be performed. Video tapes of the student performances are used each week to assist in teaching the trial skills.
Prerequisite(s): None |
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| Wills And Trusts |
| Credit(s): 3; Required in the second year, fall semester. |
This course focuses on the use of wills and trusts to transmit family wealth. The legal requirements of a valid will and how such wills can be revoked are included. The study of the nature, establishment, and termination of trusts is an important part of the course. The law of intestate succession is also considered. The law of future interests, including the Rule Against Perpetuities, is also covered.
Prerequisite(s): None |
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| Workers' Compensation |
| Credit(s): 1; Generally offered in the fall semester, evenings. |
This course will cover the statutory and substantive law in North Carolina dealing with the North Carolina Workers' Compensation Act. Much of the course will be devoted to both procedural and trial aspects of handling a workers' compensation claim before the North Carolina Industrial Commission. Lectures will discuss civil trial techniques and strategies and how workers' compensation liens affect third-party litigation. The student, at the completion of the course, will be capable of representing a client before the North Carolina Industrial Commission. Course materials include a complete set of Industrial Commission Forms, an annotated copy of the North Carolina Workers' Compensation Act, and a prepared set of course notes. This course should prove to be quite valuable to the students planning to enter the litigation sector of the private practice of law.
Prerequisite(s): None |
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