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LAW-Law

LAW600 - Law and Public Policy

The cornerstone course of the graduate degree comprises this program of study. Exactly how law plays out in a multitude of settings, from political and legal institutions, to schools and educational entities, to business and free enterprise forms, in social structures and cultural institutions, should be a perpetual concern for the policymaker. How the law impacts individuals also receives some needed attention, and course participants will weigh and gauge the effects of proposed and implemented legislation in a wide array of contexts, including: police and the citizenry, correctional institutions and the incarcerated, government benefit plans and targeted recipients, entitlement programs and the public treasury, tax policy and the incentive based model, and charitable giving and the law's role in fostering giving, to name a few. Measuring impacts and effects on individuals and institutions stands in the forefront of course delivery. (3 crs.)

LAW601 - Law and Ethics

An inquiry into the interplay of law, morality, ethical reasoning and western legal tradition. The course exposes the tradition and foundations of the American legal system with special emphasis on its jurisprudential foundations. Questions of right, justice, equity, law as moral command and order, natural law reasoning, and the dignity of the human person are central to the instruction. The course delivers a critical look at how our legal and justice institutions have come about and provides a method for dealing with and delving into perennial legal and moral problems that plague cultures. Overview of the major legal theories about the nature of law and its place in the political system. Among the issues considered is the origin of law, its relationship with divine law, obligations of obedience and disobedience, and the relationship between political sovereignty and law. (3 crs.)

LAW602 - Law, Civil Liberties and the Constitution

The place of the Constitution and Supreme Court in American policy, using both empirical and case materials, is the primary purpose of this course. Focus also includes the structure and powers of national government, with special emphasis on the Supreme Court as a policy-making institution. Civil liberties and corresponding constitutional protections will be examined in depth, including a close-up of the Bill of Rights and Civil War Amendments. Issues of jurisdiction, search and seizure, police powers, free speech, privacy and its penumbras, state action, eminent domain, states rights, and other constitutional issues will be fully analyzed. Even more attention will be given to questions involving discrimination, whether based on race, disability or gender. (3 crs.)

LAW603 - Law and Legal Method

A review of the American legal system, including the courts and the legislatures, role and functions of its personnel, form and substance of law from a procedural and substantive perspective, and primary and secondary sources of the law. Students will be exposed to federalism, the function of law making, and dispute resolution in the judicial system. The course also surveys the processes of the judicial, legislative, and executive branches and the role of administrative agencies. Another facet of the course is dedicated to the mastery of legal method and the research tools essential to that success, including: judicial reports, including federal and state court reports and citation forms; case-finding aids, including federal, state and Supreme Court digests and encyclopedias; citators such as Shepard's Citations; digests; annotated law reports; legal periodicals, including periodical indexes and research procedure; the nature, function and characteristics of treatises; research procedures; state and federal administrative law; federal, state and local court rules; miscellaneous research aids; and non-legal research aids. The student will also be exposed to the various types of law, including crimes, civil actions, contract and business actions, as well as other typologies of law. Course participants will have ample opportunity to hone and develop critical legal skills by argument, advocacy, interpretation and preparation of legal documents. (3 crs.)

LAW605 - Law and Police Process

A comprehensive examination of the role of police as gatekeepers in the justice system, with particular attention given to their role, function and responsibilities inside the legal system, commences the course analysis. How police and law enforcement carry out their duties in a free society will be the subject of debate and advocacy, as will the perennial issues surrounding police behavior - police misconduct, police abuse of discretion and police alienation from communities. An equally important aspect of the course will relate to the legal issues that surround police practice on a day-to-day basis. Police search and seizure, confessions and witness cooperation, identification and investigative field practices, and the law of arrest and detention will be assessed from a professional, statutory and constitutional perspective. Attention will be given to the efficacy of judicially ordered remedies in the conduct of police and whether other methods of intervention may generate better results. A comprehensive view of litigation tactics and strategies in police misconduct cases from initial investigation to appeals receives significant coverage. (3 crs.)

LAW606 - Law, Punishment and Corrections

Concepts related to correctional law and its applications are the central theme of the course. Aside from the usual review of correctional law issues, relating to prison modalities and regimen, discipline and due process, constitutional protections during incarceration, with special analysis of 8th and 14th Amendment claims, the course expends considerable time on the role of function of institutional processes and operations in the correctional sphere - allowing an even-handed discussion of the rights and responsibilities of both the correctional officers and supervisory personnel and the inmates within their custody. Further treatment includes emerging questions in the prison environment, including aids in the facility, free expression and political speech, the right to vote, family and conjugal visitation, and matters involving parole and furlough, as well the theory of rehabilitation, both medical and mental, in prison operations. Lastly, the course evaluates the diverse schools of thought in the matter of punishment, including its legitimacy and its condemnation, and addresses the more controversial questions in prison practice and therapeutic activity as punishment. (3 crs.)

LAW607 - Law and Criminal Conduct

A comprehensive analysis of the law of crimes from a historical, philosophical, moral and statutory perspective is the chief end of the course. Topics include criminal responsibility, criminal liability, and criminal defenses. Students will be adept at understanding the roots of criminal conduct and just as capable in the analysis of criminal legislation. Aside from dissecting the fundamental elements of each crime, the participant will become learned in more than simple definition and delineation of crimes, but able to pose and advocate defense tactic as well. How constitutional and social issues interplay with criminal proscription will be central to course delivery. The course will include a study of criminal litigation process and procedure with a particular emphasis on appeal strategy. (3 crs.)

LAW608 - Law and Civil Litigation

A comprehensive review of civil action and remedies that are part and parcel of the American legal system is the central focus of this course. Civil actions, in the law of torts and contracts, and in the arena of administrative process, impact the justice system in varied ways. From litigation to court docketing, to enforcement and fines, as well as other legal responses, civil litigation consumes the resources of the justice model. In the law of torts and damages, the civil system provides intentional causes of action, from assault to defamation, from invasion of privacy to false imprisonment, to injured parties. Negligence delivers remedies to those injured by a lack of due caution and expected behavior from the reasonable person. Covered, too, will be the principles of strict, product and vicarious liability in particular relationships such as employer/employee, parent/child or product manufacturer/consumer. Methods and issues of damage awards will be fully critiqued, as well as the current debate over reform in the law of torts, workers compensation and other no-fault claim processes. (3 crs.)

LAW609 - Law, Culture and Society

An interdisciplinary survey of the functions of law in society is the prime end of this course. The course not only analyzes law and legal theory, as well as legal and social institutions, but also evaluates the interplay and interdependence between law and the social order it resides within. The study delivers special emphasis on issues of justice, fairness, and equality. The relationship between law and the legal system and political/economic institutions and ideologies is continually emphasized. Law and the legal systems are viewed from a critical perspective, including the relationship between the legal and the individual as to matters of inequality, race, class, and gender. Issues relating to art, free expression, religion and its practice, media, censorships, concepts of pornography and obscenity, sexual activity, association, and political action will also be analyzed. (3 crs.)

LAW610 - Law, Justice and the Family

A survey of the law of domestic relations from a statutory and common law perspective is the course's chief aim. Special emphasis will be given to the diverse controversies inherent in the law of the family, including annulment, divorce, separation, and other temporary and permanent dissolution agreements. In addition, course coverage weighs and evaluates the controversies and practical difficulties inherent in the division of property, custodial and equitable dissolution awards, and the judicial oversight of the parent-child relationship. Other topical concerns are visitation, adoption, proof of paternity, questions of incorrigibility and delinquency, adoption, and the diverse forms of litigation tactics so often witnessed in the law of domestic relations. Contemporary dilemmas related to the family will be thoroughly scrutinized and include gay and lesbian adoption, same-sex marriage, the rights of grandparents, state's right to intrude in family life in matters of medical care and worship, and other controversial claims. (3 crs.)

LAW700 - Law and the International Community

The course examines the major legal systems of the modern world, commencing with the West, moving to the East and some emerging third world republics. In the era of globalization, knowledge of the legal traditions and legal systems of the world's major powers is essential. The course scrutinizes and critiques legal systems as systems, with distinctive components, internal relations and functionalities and includes a review of their respective history, culture, and structure. The purpose of the course is to compare the rules of law in the different legal systems in an effort to discern the general principles of law, and gain insight and understanding into the emerging globalization of legal principles and ideas. Serious assessment will also be provided relative to human rights questions, definitions of "political prisoner" and the principles defined by treaty and agreement as to the protection of individuals in a global context. (3 crs.)

LAW701 - Law and Administrative Agencies

The course exposes participants to administrative law theory and the practical aspects of administrative law practice, both within and outside the administrative agency. Coverage equips the student with the necessary skills to understand, apply, and research relevant statutory and regulatory provisions at the federal and state levels; to read, interpret and draft proposed rules and regulations; and to become familiar with the process known as the administrative law hearing, the concept of administrative discretion and corresponding remedies. Preliminary drafts of documents, briefs, and opinions relative to the appellate stage of an administrative law proceeding will also be covered. (3 crs.)

LAW702 - Law, Science and Forensic Applications

An interdisciplinary course covering law, criminal justice, and technology in the evidentiary arena. Coverage in the course provides a broad-based assessment of expert witnesses, microanalysis, pathological evidence, admissibility and investigatory practice, ballistics, fingerprints, VASCAR/radar, and photographic techniques. Contrasted with criminalistics, subject matter of this course is primarily evidentiary. More particularly, course will delve into the rules of evidence that guide the admissibility of forensic evidence in a court of law. Examination includes threshold tests for reliability and admissibility; qualification of witnesses competent to testify; scientific rigor required for admission; and case law determinations on the use and abuse of scientific evidence. (3 crs.)

LAW703 - Law and the Environment

Surveys the major federal statutes and regulatory schemes relating to environmental quality and analyzes and compares the contrasting approaches to regulation that have been used in judicial settings. Focuses on the interaction of law and policy and considers the role of Congress, the regulatory agencies, and the courts in defining and implementing environmental mandates. Focused attention is given to air quality and its regulation, water and pollutants, the control and dissemination of toxic substances, management of hazardous materials, and the debate around the government's role as protector of the environment. (3 crs.)

LAW704 - Law, Business and the Workplace

Course content includes the various business entities and the steps necessary for creation and operation, from initial and amended articles of incorporation, state filing requirements, stock certificates and securities, stock ledgers and books, resolutions, dividends and stock splits, and employment agreements, as well as introducing other business forms from partnerships to limited liability corporations. In the employment sector, coverage will examine constitutional and statutory protection related to employee rights, from benefits and pensions to discrimination remedies. Collective bargaining and other labor questions will be keenly assessed as well as emerging workplace questions involving maternity and family leave, wages and compensation, COBRA, free expression and religious rights, and novel forms of disability claims. (3 crs.)

LAW730 - Independent Study in Law and Public Policy

An independent opportunity for mature and scholarly graduate students to build on and further develop research, writing and analytical thinking skills by authoring a serious work of scholarship. Student is required to use advanced research and writing skills in the resolution of a current substantive or procedural legal problem. Student works directly under the guidance of a graduate faculty member and prepares, executes and submits for departmental review, the proposed course of study. (3 crs.)