LAW L801 Intellectual Property Law 3 hrs.
The objective of this course is to provide a comprehensive survey and overview of the principal areas of federal and state law governing intellectual property rights, including trademarks, patents, copyrights, unfair competition, trade secrets, idea protection and the right of publicity.
LAW L802 Law and Education Seminar 2 hrs.
This course will examine the law governing education in the United States, with emphasis on elementary and secondary schooling, including the impact of federal and state constitutions and statutes on finance and curriculum, and on the relationship between private and public institutions. Each student will prepare and present a paper to the seminar.
LAW L803 Western Legal Tradition 3 hrs.
This course treats significant aspects and institutions of the Roman law, canon law, common law, and civil law. It also considers the interaction of these traditions in the context of our American legal heritage. Some emphasis is placed upon codification movements in Europe and the United States and particularly in Louisiana.
LAW L804 Legal Accounting 2 hrs.
Legal Accounting provides an introduction to financial statements and bookkeeping, followed by critical examination of selected problems illustrating generally accepted accounting principles. Consideration will be given to the principles governing recognition of revenue, the matching of costs against appropriate revenues (with particular stress on inventory and depreciation accounting), the cost of borrowed capital and of long-term productive assets, and proprietary transactions. Emphasis will lie on the legal contexts in which the lawyer is likely to confront accounting problems. The materials will draw heavily on current corporation reports and the publications of the American Institute of Accountants and the SEC, with supporting and contrasting illustrations from judicial decisions and administrative practice.
LAW L805 Law of the European Union I 3 hrs.
This course introduces the basic principles of the European Community Law and the institutional structure of the communities with particular reference to the case law of the Court of Justice of the European Community.
LAW L806 Corporate Finance 3 hrs.
This course considers the legal problems arising in connection with financing decisions of publicly held corporations, including valuation of the enterprise and its securities, determination of securities structure and dividend policy, and decisions on investment opportunities, whether by internal expansion or by merger or takeover. Consideration will be given to the application of federal securities regulation, as well as state law, to the corporate decisions and to the import of the legal requirements for investors.
Prerequisite: LAW L745.
LAW L807 Federal Appellate Advocacy 3 hrs.
This course gives students experience in the appellate process by working on pending cases in the United States Court of Appeals for the Fifth Circuit. Students assist in the drafting of briefs and the preparation and presentation of oral arguments. Permission of instructor is required.
LAW L808 Securities Regulation 3 hrs.
This course covers federal regulation of selling, trading, and dealing in securities in accordance with the provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934. Subject matter includes public offerings, secondary distributions, insider trading, applications of Rule 10 (b) 5, sale of corporate control, market manipulation, broker-dealer regulation, state “blue sky” laws, and attendant civil liabilities under federal and state laws.
LAW L809 American Legal History Seminar 3 hrs.
This is a seminar devoted to an in-depth treatment of one or more topics in the area of American Legal History. The exact subject(s) to be covered will be chosen by the instructor and posted in advance of registration. This course satisfies the perspective course requirement.
LAW L810 Negotiable Instruments 3 hrs.
This course involves commercial paper and bank collection as regulated under Articles 3 and 4 of the Uniform Commercial Code.
LAW L811 Law of the European Union II 3 hrs.
This course builds on the basic instruction of the European Union’s structures and institutions offered in Law of the European Union I and provides specific, detailed coverage in the substantive competencies of European Union law, including such topics as free movement of goods, services, workers, and capital in the common market, anti-trust (competition) law, company law harmonization, environmental law, external relations and the common commercial policy, social policy, and fundamental rights.
Prerequisite: LAW L805.
LAW L812 Creditors’ Rights and Bankruptcy 3 hrs.
This course examines the problems of the debtor who does not pay his debts. The study includes processes available to the creditor for collection, competition among multiple creditors for the assets of the debtor, means of affecting a distribution of the debtor’s assets among his creditors, means of rehabilitating the debtor, and the debtor’s right to some measure of protection. More than half of the course is devoted to a study of the Bankruptcy Act since all aspects of the creditor/debtor problem are colored by the interaction of state created rights and the federal bankruptcy provisions.
LAW L813 Evidence/Procedure Seminar 2 hrs.
This is a seminar devoted to an in-depth treatment of one or more topics in the area of evidence or civil procedure. The seminar’s more specific topic will be listed in advance of registration. Successful completion of the required course in Evidence or Civil Procedure I and II (depending on the content of the seminar) is a prerequisite.
LAW L814 Law Review Practicum 1 hr.
This practicum is open to candidates of the Loyola Law Review. Students enrolled in this practicum will study the fundamentals of editing scholarly writing, the editorial process, and advanced legal citation skills. Students will meet in a workshop forum at least one hour per week and will receive pass/fail grades based on the quality of their work.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L815 Federal Criminal Law 2 hrs.
This course surveys federal criminal law with emphasis on white collar crime, political corruption, and offenses affecting the administration of justice. Selected statutes such as the mail and wire fraud statutes, banking laws, RICO and Hobbs, as well as perjury and obstruction of justice laws will be examined.
LAW L816 Comparative Law Seminar 1, 2, or 3 hrs.
This seminar is devoted to in-depth treatment of one or more topics of concern in comparative law. The exact subjects to be considered will be chosen by the instructor.
LAW L817 Mediation and Arbitration 3 hrs.
This course is a survey of the various dispute resolution processes including mediation, arbitration, the mini-trial, and the summary jury trial. The overall objectives are to give students familiarity with these processes, basic skills in using them, and experience in how to help a client choose the most appropriate dispute resolution process. The class will include lectures, demonstrations, discussions, and simulations. In some years, the course may be taught as a seminar, where written work satisfying the writing requirement will replace a final examination.
LAW L818 Labor Law 3 hrs.
This course deals with the legal problems of concerted action by employees, including the common law obstacles to the objects of labor combinations, picketing and the boycott, the construction and administration of the National Labor Relations Act, the collective bargaining agreement, and the union-member relationship.
LAW L819 Construction Industry Law Seminar 2 hrs.
This is a seminar course covering construction industry law in all phases. A review will be made of pertinent statutes affecting all branches of the industry from design through construction. Litigation and tribunals, both state and federal, will be discussed. There will be complete coverage of the contracts issued by the American Institute of Architects, the National Society of Professional Engineers, and Associated General Contractors. Documents covering the financing of construction will be examined. Finally, there will be a discussion of trial practice in this type of litigation.
LAW L820 Employment Discrimination 3 hrs.
This course surveys the various kinds of employment discrimination and the statutes, constitutional provisions, and Executive Orders which govern the rights and remedies available to employees who are subjected to discrimination on the basis of race, color, national origin, sex, religion, age and disability.
LAW L821 Computer Law 2 hrs.
This course focuses primarily on intellectual property issues relating to the creation, sale, use, and misappropriation of computer hardware and software. Patent law, copyright law, trademark law, and related state-law doctrines affecting computer technology will be considered. The course will also address selected criminal law, antitrust, and personal privacy issues. No knowledge of computers, programming, or intellectual property law is required.
LAW L822 Capital Punishment and the Constitution 2 hrs.
This course is designed to familiarize students with the basic constitutional framework of death penalty law. The course is a seminar and requires the completion of a paper on a topic related to the subject matter.
Law L823 First Amendment 2 – 3 hrs.
Students will examine the theoretical basis for constitutional protection of speech and religion and the analytical structure developed by the United States Supreme Court to determine the extent to which government may regulate or interfere with activities protected by the First Amendment.
LAW L824 Products Liability 3 hrs.
This course deals with the consumer vis-a-vis the dangerous and/or defective product. It covers the role, mechanics, and effect of the federal, state, and local governments in this area. It also covers the theories of recovery and defenses to those theories as well as the continuing evolution of theories and defenses.
LAW L825 Law and Medicine 2 hrs.
This course provides an introduction to forensic medicine, forensic sciences, and the use of medical proof in litigation. Attention will be given to such topics as professional liability insurance, informed consent, and statutory limitations of liability. A portion of the course will examine the basic principles of legal regulation of the medical profession and hospitals and other facilities. In this regard, the course will survey the problems emerging with respect to the major interventions of the government in the health care area in recent years: Medicare, Medicaid, and national health insurance, generally.
LAW L826 Advanced Torts Seminar 2 hrs.
This is a seminar devoted to an in-depth treatment of one or more topics in the area of torts, products liability, or relational interests. The exact subjects to be considered will be chosen by the instructor.
Prerequisites: LAW L705 and L710.
LAW L827 Contracts/Commercial Law Seminar 2 hrs.
This is a seminar devoted to an in-depth treatment of one or more topics in the areas of contracts and commercial law. The exact subjects to be considered will be chosen by the instructor.
Prerequisites: Either LCOM L700 or LCIV L702 and either LCIV L710 or LCOM L701.
LAW L828 Trademark, Trade Name, and Unfair Competition Law 3 hrs.
This course deals with unfair competition in the marketplace and considers the remedies competitors may have against one another. Topics include trademarks, trade names, trade identity, unfair competition doctrines of passing off false advertising, misrepresentation, trade libel or disparagement and misappropriation, protection of trade secrets, the right to publicize, and interference with contractual and business relations. Emphasis is placed upon the interrelationship of federal and state regulation with some necessary reference to copyright and patent laws.
LAW L829 Financial Institutions Law 3 hrs.
The course covers principally the areas of bank formation and bank regulation. Additional topics include antitrust aspects of banking, the role of the F.D.I.C. and the Federal Reserve, and international banking.
LAW L831 European Union Law Seminar 2 hrs.
This seminar is devoted to in-depth treatment of one or more topics of concern in European Union Law. The specific topics to be studied will be chosen by the instructor. Each student will be responsible for a class presentation and a written paper.
LAW L832 Immigration and Nationality Law 3 hrs.
This course surveys United States constitutional and statutory law regulating naturalization and immigration. Students explore the historical development of that law and the role that racial, national origin, and gender classifications have played in that development. Students are expected to develop an understanding of immigration that reflects awareness of global migration forces and broader policy choices that may be affected by international treaties and conventions. Students are evaluated on the basis of class participation and a written appellate brief.
LAW L833 Street Law 3 hrs.
This course is designed for law students who are interested in teaching inner-city middle school and high school students about law related issues. Twice a week pairs of law students will enter local public school classrooms to discuss legal rights, responsibilities, and practical legal problems. The course also includes a two-hour seminar component and a paper requirement at the end of the semester.
Prerequisite: Only seniors or permission of instructor.
LAW L834 Environmental Justice Seminar 2 hrs.
This seminar examines the distribution of benefits and burdens in environmental protection, particularly as related to race and poverty. We will discuss facility permitting, risk assessment, community lawyering, civil rights law, as well as environmental issues of concern to Native Americans. Readings will include judicial opinions, law review articles, interdisciplinary materials, and situational case studies. Because southern Louisiana is a national center of environmental justice activity, the seminar will also highlight local issues and encourage students to research those issues as part of their studies.
LAW L835 Natural Resources Law 3 hrs.
Natural resource management presents extremely difficult and contentious issues of law and public policy. Major debates continue to rage over offshore drilling, the protection for biodiversity, and the management of commercial fisheries. This course provides an overview of the way in which our society allocates and regulates the use of several natural resources, including fisheries, wildlife, wetlands, petroleum, and lands of aesthetic beauty such as Yellowstone or Louisiana’s fabled swamps. We will examine the major federal environmental statutes directed toward conserving natural resources, including the Endangered Species Act and the National Environmental Policy Act. The historical, constitutional, and economic underpinnings of natural resource law will also be addressed.
LAW L836 Real Estate Transactions 3 hrs.
In this course, we will examine fundamental issues in real estate transactions, including financing, contracting, and conveyancing, with a primary focus on commercial transactions. Topics to be covered include: the structure of mortgage markets and the regulation of loan transactions; the law governing mortgages and related financing structures (such as installment land contracts and ground leases), including foreclosure and borrower protections; construction finance; suretyship (guaranties and related contracts); recording and lien priorities; contracts for the purchase and sale of real estate; conveyancing issues; and title insurance.
LAW L837 Land Use 3 hrs.
This course explores the variety of ways in which the law attempts to resolve conflicts among land uses, as well as plan and regulate the impacts of different land use patterns. Topics include common law; state, regional, and local planning; zoning; environmental controls; growth management; historic preservation; restrictions relating to residential development; and constitutional limits on land use regulation. Throughout the course, we will explore how land-use decisions affect environmental quality and how land-use decision making addresses environmental concerns.
LAW L838 Mineral Law 3 hrs.
This course involves a specialized study of the nature of interests in oil, gas, and other minerals, including the remedies of the owner against the adjoining landowner and the trespasser, the nature of the mineral contract, sale and reservation of mineral rights, prescription of mineral rights, and the mineral lease. The course also may include a study of the conservation laws pertaining to minerals and the regulations of the Louisiana Conservation Commissioner and of the Federal Energy Regulatory Commission, the leasing of state and federal public lands, operating and production agreements, special contractual agreements relative to mineral exploration and development, deviations from standard provisions in mineral leases and instruments creating or conveying mineral servitudes and royalties, and an introduction to some of the special tax problems of owners and producers of minerals. The Louisiana Mineral Code is given coverage in all areas.
LAW L839 Civil Rights Actions Under Section 1983 2 – 3 hrs.
This course covers the history of the interpretations of § 1983, immunities, governmental liability, nature of wrongs redressed, relationship to state law (e.g., res judicata, borrowing state law, exhaustion), attorney’s fees, abstention, and sovereign immunity.
LAW L840 Employment Law 3 hrs.
This course examines the laws and doctrines (federal and state) that regulate and impact the employer-employee relationship. Among the topics typically explored in this course are: employment at will; employment contracts (express and implied); whistleblower and mass layoff protections; restrictive covenants and trade secrets; an introduction to federal labor law and anti-discrimination law, wage and hour laws; the Family and Medical Leave Act (FMLA); and applicable claim procedures, defenses, remedies, and litigation strategies.
LAW L842 Courts in a Federal System 3 hrs.
This course deals with requirements of Article III of the United States Constitution such as standing, ripeness, and mootness. A major portion of the course is devoted to problems relating to concepts of federalism and comity between the state and federal systems. The class also analyzes the relationship between the branches of the federal government. For example, the extent to which Congress may withdraw jurisdiction from those courts and the power of the court to review actions of coequal branches are issues receiving attention. The course also offers a review of jurisdiction based on the existence of diversity and a federal question. The course also covers some of the following subjects: the Erie problem, suits against state officials and the state, abstention, injunctions against state proceedings, and review of state court judgments.
Prerequisite: LAW L725. LAW L750 recommended.
LAW L844 Administrative Law 3 hrs.
This course deals with the creation and functions of administrative tribunals, the procedure before such tribunals, and judicial relief from administrative action.
LAW L845 Communications Law 3 hrs.
This course examines the regulation of electronic communications. It focuses on the legal framework, including First Amendment rights and limitations, for both wireless and wired electronic communications, such as communications via broadcast, satellite, telephone, cable, and computer networks (e.g., the Internet).
LAW L846 Seminar in Scholarly Writing 3 hrs.
This seminar is open to candidates of the Loyola Law Review who are currently writing a law review comment. Others may enroll with instructor’s approval. Students enrolled in this seminar will write and edit one substantial Law Review comment and, in addition, evaluate and edit the writing of other students. Students will be evaluated on the basis of their research, writing, and editing skills.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L847 Legislation 3 hrs.
This course examines the theory of legislation and the practice of legislative bodies—federal, state, and local—including their relationship to the executive and judicial branches of government. Topics surveyed include issues as to sovereignty and legislative jurisdiction, the legislative process, the relationship between statutory law and the common law, statutory law and the codal tradition.
LAW L848 Antitrust Law 3 hrs.
This course analyzes federal regulation of private economic power and practices in the United States through consideration of the Sherman Act, the Clayton Act, the Robinson-Patman Act, and the Federal Trade Commission Act. Topics include the development and current trends involving the application of the rule of reason and per se rules to various restraints of trade including price fixing, group boycotts, and tying arrangements. Other topics include the nature of agreements, activities influencing governmental action, the offense of monopolization, and the regulation of mergers.
LAW L849 Patent Law 2 hrs.
This course focuses on the means for obtaining legal protection for patentable and unpatentable inventions and for technical knowledge. Licensing and aspects of litigation affecting these rights also will be discussed.
LAW L850 Copyright Law 3 hrs.
This course consists of a detailed exploration of the protection of creative expression—literature, music, visual art, and motion pictures. While focusing primarily on the copyright act, the course also will consider those areas of patent and trademark law that overlap with copyright or form the boundaries. The challenges created by new technology, such as computers, home video recorders, and cable television will receive particular attention. Additionally, some attention will be given to related doctrines in other countries.
LAW L853 Family Law Seminar 2 hrs.
This seminar permits students to conduct an intensive study of one or more issues in family law. The students will investigate marriage, the parent-child relationship, and other contemporary family topics in a comparative format. Each student will be responsible for a class presentation and a written paper on a specific topic in the area.
Prerequisite: LCOM L700 or LCOM L800.
LAW L854 Insurance 3 hrs.
This course concerns personal and property insurance, together with the rights and powers of the insurer, the insured, the beneficiary, the assignees, and creditors.
LAW L855 Child Advocacy Seminar 2 hrs.
This seminar examines some problems concerning the relation of the child to the family and to the state. Examples are parental rights and duties and their termination, neglect and abuse, judicial supervision of custody in foster homes or institutions, medical and psychological treatment, statutory limitations on children’s freedoms, and statutory guarantees of children’s rights including rights of handicapped children.
LAW L856 State and Local Government Law 3 hrs.
This course studies the legal aspects of intergovernmental relationships including the distribution of power among the federal, state, and local governments. Organization and reorganization of local governmental entities, home rule, metropolitan government, and financing of the local government are among the subjects covered. The legal issues are related to the greatest extent possible to contemporary American urban developments.
LAW L857 Employee Remedies (Maritime) 3 hrs.
This course is essentially maritime, examining remedies available to an injured employee (and heirs of deceased employees) in the context of The Longshore and Harbor Workers’ Compensation Act (LHWCA), The Jones Act (seamen), and The General Maritime Law. Pertinent provisions of the LHWCA are studied in depth, as are claims for injuries to and death of seamen/members of the crew of vessels. Also included are claims for personal injuries and deaths which occur on the outer continental shelf and injuries to non-seamen on vessels.
LAW L858 Environmental Law 3 hrs.
This is a survey course in environmental law and regulatory policy. The course considers the special character of environmental disputes and the problems that arise in developing legal rules for their resolution. The course covers several different federal environmental statutes, including laws relating to hazardous wastes, toxic substances, and air pollution. Our goal in studying these issues will be to gain a better understanding not only of particular environmental laws and policies, but also of the processes by which the government can regulate potentially harmful activities. We will look not only at traditional regulatory mechanisms, but also at the opportunities for market and consensus solutions. The course will make frequent use of situational case studies, which will require you to think strategically about how you would solve real world problems that have confronted lawyers and policymakers.
LAW L859 Regulation of the Sports Industry Seminar 3 hrs.
This course will consider the response of the legal system to the particular problems of the sports industry. Coverage includes contractual obligations in professional sports, antitrust laws, regulation of agents, sports violence, labor relations and collective bargaining in professional sports, arbitration, professional sports franchise relocation, the National Collegiate Athletic Association and the regulation of intercollegiate sports, regulation of amateur sports, gender and racial discrimination in athletics, and drug testing.
LAW L860 Advanced Criminal Procedure 3 hrs.
This course considers common problems in criminal prosecution from the initiation of charges through the trial process to the handling of post conviction remedies. The Federal Rules of Criminal Procedure will be employed as a model. The course is open to both civil law and common law students.
LAW L861 Trial Practice Seminar 2 or 3 hrs.
This seminar examines the functions of the advocate in the preparation and trial of lawsuits with special emphasis upon the methods of preparation and development of facts into evidence, strategic use of discovery devices such as interrogatories, depositions, admissions and motions to produce, typical use of rules of procedure and substantive law in trial proceedings, tactical and ethical aspects of problems confronting the trial lawyer, and practical applications of principles in trial moot court exercises.
Prerequisite: LAW L760.
LAW L862 Criminal Law Seminar 2 hrs.
This seminar is devoted to in-depth treatment of one or more topics of concern in criminal law or procedure. The exact subjects to be considered will be chosen by the instructor.
LAW L863 Marine Insurance 2 hrs.
The law of marine insurance presents a fairly comprehensive study of the hull policies and protection and indemnity policies typically used in the marine market. Although the emphasis will be on American form policies and United States law, attention will also be given to the London insurance market and British law where appropriate. The course’s study is divided into three parts: 1) general principles regarding marine insurance, 2) Hull policy, and 3) P&I policy. If time permits, some attention will be directed to the coverages currently contained in marine pollution liability policies. It is recommended, but not required, that the basic course in admiralty law be taken before taking this course.
LAW L864 Admiralty 3 hrs.
This course reviews the principles of admiralty and maritime law, including statutory modifications, in the following areas: jurisdiction, the nature of in rem and in personal jurisdiction, maritime liens, the contract of affreightment and COGSA, limitation of liability, general average, the law of collision, the tug and tow relationship, and salvage.
LAW L865 Juvenile Law Seminar 2 hrs.
This seminar requires a paper relating to merits, faults, and recommendations for improvement of a segment of the juvenile justice system. These conclusions must result from individual and group visits to court and to facilities to which the child in trouble is exposed, and from lectures and interviews, all as compared with ideals and trends learned from casebook reading, classroom discussion, and library research.
LAW L866 Maritime Personal Injury 3 hrs.
This course examines the law governing personal injury and wrongful death claims under the general maritime law and federal and state statutory law. Both jurisdictional and substantive law issues are considered. There is a detailed treatment of the law relative to seamen, including “status seamen,” the warranty of seaworthiness, maintenance and cure, indemnity and contribution, and persons employed in marsh lands and on platforms and special purpose vessels located on the Outer Continental Shelf.
LAW L867 Business Planning Seminar 2 hrs.
This seminar combines advanced work in corporations, corporate financing, and federaltaxation in the context of business planning and counseling. The seminar will be based upon a series of problems involving common business transactions, which present corporate and tax issues for analysis and resolution. The problems will cover such topics as the formation and financing of corporations, both closely held and publicly owned, stock redemption, the sale and purchase of businesses, mergers and other forms of acquisition and recapitalization, division and dissolution of corporations.
Prerequisites: LAW L745, LAW L804, and LAW L980.
LAW L868 Workers’ Compensation 2 hrs.
This course considers the Louisiana law relative to tort liability of master and servant and the Louisiana workers’ compensation law.
LAW L869 Taxation of the Family: Structuring the Tax Consequences of Marriage, Divorce, and Death 2 hrs.
This course presents both tax planning opportunities and problems raised by marriage, domestic partnerships, support of dependents, divorce, and property transfers during life and at death. The course introduces the fundamental tax principles in the context of tax planning for the beginning, the span, and the end of a committed relationship.
Prerequisite: LAW L980.
LAW L870 Federal Taxation of Wealth Transmission 3 hrs.
This course considers the impact of federal taxation on the transmission of wealth. Primary emphasis is placed on the gift and estate tax systems. The generation-skipping transfer tax system and related income tax problems are also considered.
Prerequisite: LAW L980.
LAW L871 Advanced Federal Income Taxation 2 hrs.
This course consists of an advanced study of federal income taxation emphasizing planning considerations affecting the personal and commercial transactions of individual taxpayers. Prerequisite: LAW L980.
LAW L872 Federal Income Taxation of Corporations 2 hrs.
This course deals with the tax problems of corporations and shareholders faced in practice with discussion and analysis of the Internal Revenue Code and Regulations, cases, and rulings.
Prerequisite: LAW L980.
LAW L873 Taxation of Partnerships and Other Pass-through Entities 3 hrs.
This course involves a study of the tax treatment of the formation, operation, and termination of pass-through entities including partnerships, limited liability companies, and subchapter S corporations. Class discussion will focus on the study of the Internal Revenue Code and Regulations and solving problems a taxpayer must deal with in practice.
Prerequisite: LAW L980.
LAW L874 Federal Tax Procedure 2 hrs.
This course deals with numerous aspects of federal tax procedure. Specifically, the course will cover administrative procedures before the Internal Revenue Service, an analysis of the statutory notice procedures, the entire spectrum of litigating a case before the United States Tax Court and the District Court, extended periods of limitations, and additions to tax and other problems that a practitioner might encounter while handling a tax case.
Prerequisite: LAW L980.
LAW L875 State and Local Taxation 2 hrs.
This course considers the varieties of taxation imposed by state and local governments including: property taxes, business taxes, sales and use taxes, and the various exemptions.
Prerequisite: LAW L980.
LAW L876 Conflict of Laws 3 hrs.
This course deals with the law relating to transactions with elements in more than one state. Emphasis is placed upon the problems of choice of laws to be applied in a given situation where the laws of the states involved differ. This problem is examined with respect to actions in tort, worker’s compensation, contract, family law, and decedents’ estates. Consideration is given to constitutional issues, the theoretical bases for the choice of laws, and questions relating to the jurisdiction of courts and the enforcement of foreign judgments.
LAW L877 Constitutional Law Seminar 2 hrs.
This seminar is devoted to in-depth treatment of one or more topics of current controversy in constitutional law. The exact subjects to be considered will be chosen by the instructor. Seminar members will submit term papers in completion of course requirements.
LAW L878 International Law 3 hrs.
This introductory course acquaints students with the theory and practice of a distinct legal system. The sources and mode of discourse of the international legal system are studied in sufficient detail to allow the student to undertake further work in the discipline. Detailed examination will be undertaken of several substantive areas of international law. These areas will be selected from topics such as jurisdiction of states, international criminal law, law of the sea, international protection of human rights, law of war, and regulation of resort to force by states.
LAW L880 Seminar in Legal French 1 hr.
This seminar is designed to provide students who already have basic proficiency in the French language with a practical understanding of French legal terminology, concepts and materials, so that they may be prepared to engage in a meaningful interaction with French-speaking legal professions within the context of a global legal market.
LAW L881 Comparative Law 3 hrs.
This course presents an overview of the Civil Law and Common Law, the two great legal systems of Western civilization. It highlights their different historical development and how this divergence contributes to the differences in the two systems. The course also notes contemporary legal systems outside the Civil Law and Common Law traditions.
LAW L882 Jurisprudence 3 hrs.
This course considers the history of the natural law. It also appraises such schools of jurisprudence as the analytical, historical, philosophical, sociological, and realist in the light of the natural law. The natural law basis of the principal juridical institutions in the Roman and Anglo-American legal systems is considered, as well as the creative role of the natural law in contemporary law-making.
LAW L883 Dialogues in Law and Ethics 2 hrs.
This course attempts to sharpen the student’s critical awareness of the sensitive moral and ethical problems inherent in the legal enterprise. The goal is to sensitize the prospective counselor, advocate, legislator, and judge to these problems while helping him or her develop the ability to resolve them in a fashion most respectful of the personal human values affected. The course draws on a variety of interdisciplinary readings and will involve persons experienced in some facet of the problems discussed.
LAW L884 International Law Seminar 2 hrs.
Students with a background in the subject will conduct an intensive study of one or more issues in international law. These issues will be identified by the instructor prior to registration. Limited enrollment.
Prerequisites: LAW L878 and stipulated requirements.
LAW L885 Sex Discrimination Law Seminar 2 hrs.
This seminar deals with the law in the areas of sex-based discrimination. Emphasis on discrimination in family law, constitutional law, criminal law, education and employment opportunities. Consideration will be given to the legal status of both sexes and the changing emphasis toward equalization of the status of the sexes.
LAW L886 Environmental Law Seminar 2 hrs.
This seminar is devoted to an in-depth treatment of one or more topics of current interest in the field, e.g., Superfund, Toxic Torts, Wetlands, or Clean Air. The exact subjects will be chosen by the instructor(s).
Prerequisite: LAW L858.
LAW L887 Federal Taxation Seminar 2 hrs.
This seminar considers selected problems in taxation under the Internal Revenue Code. Enrollment is limited to 20 students. Prerequisite: LAW L980.
LAW L888 Gender, Race and Law in Film and Literature 2 hrs.
This seminar explores the intersection of gender, race and law by examining legal writings, statutes, cases, films, novels, short stories and plays. Students are introduced to feminist legal theory and consider a variety of issues that impact particularly on gender including intimate violence, rape, reproduction and harassment. Students are also introduced to the law and literature movement. Students are evaluated on the basis of class participation and a written paper or project.
LAW L889 Rights, Remedies and Damages in Maritime Disaster 3hrs.
This course will examine the legal rights, remedies and types of damages a party can recover in the event of a maritime casualty including defenses to the claims. The course will teach the distinction between a right from a remedy and which party or parties may recover damages in such an event. It will include claims for personal injury, death of seamen and non-seamen, third parties, property damage, loss of income, profit, use and deferred income and production as well as monetary damages for damage to the environment. Defenses to such claims will also be covered. In addition, how to prove and defend against such claims will also be a subject covered.
LAW L890 Regulation of the Entertainment Industries Seminar 2 hrs.
This seminar considers the response of the legal system to the particular problems of the entertainment industries. Coverage includes antitrust law and the entertainment industries, the protection of ideas, the right of publicity, legal issues in the music industry, regulation of agents and managers, motion picture ratings, record labeling and censorship, film colorization and moral rights, and selected issues in trademarks and unfair competition.
LAW L891 Law Review Honors Tutorial 2 hrs.
This tutorial is open to candidates for Law Review who successfully have completed the junior Law Review requirements as determined by the Student Editorial Board and who complete service on the Executive Board. This tutorial is graded on a pass/fail basis only.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L892 Law Review Seminar 1 hr.
Should the candidate for Law Review Honors Tutorial develop the publishable comment as a part of a regular seminar, the seminar course description on the record of the student will have the addition of Law Review added to the seminar description, and an added hour of credit will be assigned to the seminar.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L893 The Journal of Public Interest Law Honors Tutorial 2 hrs.
This tutorial is open to candidates for the Journal of Public Interest Law who successfully have completed the junior journal requirements as determined by the Student Editorial Board and 1) complete service on the Editorial Board, or 2) complete a publishable comment under the tutorship of a member of the faculty. This tutorial will be graded on a pass/fail basis for board service, but a letter grade for comments.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L894 The Journal of Public Interest Law Seminar 1 hr.
Should the candidate for the Journal of Public Interest Law Honors Tutorial develop a publishable comment as a part of a regular seminar, the seminar course description on the record of the student will include the addition of Journal of Public Interest Law, and an added hour of credit will be assigned to the seminar.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L895 Law Workshop 1 or 2 hrs.
This workshop with limited enrollment gives students practical experience. Subtitles for this workshop have included Evidence and Immigration.
LAW L896 Professional Seminar 2 or 3 hrs.
This seminar surveys historical and contemporary responses of the legal system of the United States.
LAW L897 Clinical Seminar 6 or 9 hrs.
During the first semester, after a period of orientation, students will be assigned cases, civil or criminal, and will be expected to prepare these cases for trial. Such preparation will include client interviews, investigation, discovery, pleading, research, and writing of memoranda. Thereafter, students will actually participate in the trial process. Clinic students must be willing to devote at least 12 to 15 hours a week to clinic classes and class work over two semesters. A maximum of six credit hours of graded credit may be obtained for this course. Any hours in excess of six will be graded on a pass/fail basis.
Students may register for a maximum of nine hours in Law L897, which must be taken in consecutive sessions. The summer session will be graded pass/fail and will earn no quality points. During the fall and spring sessions, students will receive letter grades and will be eligible for quality points. Students who register for only the summer and fall sessions will receive only three hours of graded credit and will earn quality points for those hours only. In no event may a student receive more than six hours of quality hours for this course. Legislative and Administrative Advocacy – Law L841 and Advanced Legislative and Administrative Advocacy – Law L879 are considered clinical courses and count toward the maximum of nine clinical credits.
LAW L898 Legal Research 1 or 2 or 3 hrs.
This course is designed to develop skills in legal research, analysis, and writing, and to allow the student the opportunity to study a narrow subject in depth under the supervision of a full-time faculty member with expertise in the area. A written paper is required for satisfactory completion of this course, whether it is taken for one or two hours of credit. A letter grade is given for completion of the course. The course may be taken for two hours of credit to satisfy the writing requirement. A student must be in good academic standing and receive the permission of the associate dean for academic affairs to register for this course.
Prerequisite for Mediation Section only: LAW L817
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L899 Independent Study 1 or 2 or 3 hrs.
This course is designed to allow the student an opportunity to study a narrow subject in depth under the supervision of a full-time faculty member with expertise in the subject area. Appropriate written documentation pertinent to the study is required, but the course does not necessarily entail a single research paper as is the case with Legal Research (LAW L898). This course is only graded on a pass/fail basis and may sometimes involve working for an outside agency (i.e., an “extern” program), with general supervision and evaluation by the designated faculty member. A student must be in good academic standing and receive the permission of the associate dean for academic affairs to register for this course. This course cannot be used to satisfy the writing requirement.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L900 Clinical Externship 1 or 2 hrs.
This course allows students to learn by participating in legal work with an outside agency or court. Second- and third-year law students in the upper half of their class may apply to participate in this program. The student must be in good academic standing and receive the permission of the associate dean for academic affairs and the Loyola Law Clinic to register. This course cannot be used to satisfy the writing requirement. There is a regular classroom component. This is a pass/fail course. There is a two-semester commitment, and the extern must be willing to devote at least 12 – 15 hours a week to this course.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L901 Loyola Maritime Law Journal Honors Tutorial 2 hrs.
This tutorial is open to candidates for the Loyola Maritime Law Journal who successfully have completed the junior journal requirements as determined by the Student Editorial Board and 1) complete service on the Editorial Board, or 2) complete a publishable comment under the tutorship of a member of the faculty. This tutorial will be graded on a pass/fail basis for board service, but a letter grade for comments.
Under no circumstances can a student elect any combination of course numbers LAW L814, L846, L891, L892, L893, L894, G898, L898, or L901 that would result in more than six hours. Also, under no circumstances may a student elect any combination of course numbers G898, L898, G899, L899, and L900 that would result in more than six hours.
LAW L905 Advanced Legal Writing 3 hrs.
This course will build on the analytical and writing skills developed by students in the Legal Research and Writing and Federal Appellate Advocacy courses and will provide students with opportunities to sharpen their legal analysis through various types of documents, including a trial memorandum, a judicial opinion, a client opinion letter, and a short scholarly piece. Students will examine the types of legal arguments and will study the conventions and expectations unique to each of the documents they create. They will be expected to use this knowledge as they analyze hypothetical cases. Additionally, students will conduct legal research for their assignments, which will serve to reinforce their researching skills.
LAW L910 Law and Religion Seminar 2 or 3 hrs.
This seminar is devoted to an in-depth study of the interrelations between law and religion. The exact subjects will be selected by the instructor and posted prior to registration.
LAW L924 Human Rights and Global Marketplace 2 hrs.
This course examines economic, social and cultural entitlement in international and comparative human rights law. Students discuss the theoretical paradigms that have developed historically embracing the notion of moral and legal responsibility for the satisfaction of basic human needs; international and regional legal instruments embodying socio-economic rights and duties; special problems related to race, the status of women, children and indigenous peoples; the impact of globalization, trade, and international financial institutions on poverty and development; and the comparative approaches to socio-economic rights applied in India, South Africa, the Council of Europe, and the United States.
LAW L925 International Trade Law 2 or 3 hrs.
This course presents the regulatory context of the international sale of goods, including the role of the World Trade Organization (WTO), the General Agreement on Tariffs and Trade (GATT), the North American Free Trade Agreement (NAFTA), and other supranational or international organizations, as well as the effect of bilateral treaties and similar arrangements. This course also presents and analyzes the law governing the import and export of goods, such as the Convention on the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, the proposed European Code of Contracts, the Incoterms of the International Chamber of Commerce (ICC), as well as national laws that have been applied in the international context. Conventions and model laws on financing of international sales (e.g., on letters of credit, factoring, and receivables) may also be addressed.
LAW L926 International Investment Law 2 or 3 hrs.
This course presents an overview of the law applicable to foreign direct investments. Special attention is given to such issues as political risk management, privatization, transfer pricing, project finance, currency risk and foreign exchange controls, asset freezes, the OECD Declaration on International Investment and Multinational Enterprises, NAFTA, bilateral investment treaties, and national security issues. The regulation of multinational corporate conduct is also explored, including such areas as the Foreign Corrupt Practices Act, antitrust regulations, and the protection of human rights and the environment.
LAW L927 International Financial Services Law 2 or 3 hrs.
This course presents an overview of the law applicable to international financial services such as banking, securities, insurance, and accounting. Special attention is given to the General Agreement on Trade in Services (GATS) and NAFTA, as well as the role of the Basle Committee on Banking Supervision, the European Union, the International Organization of Securities Commissioners (IOSCO), and the International Accounting Standards Committee (IASC). Topics covered may include such issues as risk management, asset securitization, the payment system, clearance and settlement, capital adequacy, and foreign exchange.
LAW L928 International Dispute Resolution 2 or 3 hrs.
This course deals with the resolution of disputes in the international context. It addresses both litigation and alternative dispute resolution, including arbitration. The course focuses on commercial disputes between private actors, but may also analyze the special problems of disputes between private actors and states or state-owned entities.
LAW L929 Selected Topics in International Environmental Law 2 hrs.
This course examines selected topics in international environmental law. The course offers an overview of how international regimes address environmental problems and examines a selection of current global environmental topics, such as climate change, biodiversity, international trade, or human rights. Because the underlying basis for international environmental law is very different from that of traditional American law, students must be prepared to leave their pre-conceptions about law behind and “think outside of the box.”
LAW L930 Introduction to United States Law 3 hrs.
This course is designed exclusively for students who are enrolled in the Loyola LL.M. degree program in United States Law and who have already been awarded a first degree in law (LL.B. or equivalent) from a law school outside of the United States or Canada. This course gives an overview of U.S. legal history, legal education, the legal profession, the judicial system, case law, the legislative system and statutes, secondary authority and the Restatements, civil and criminal procedure (including evidence) conflict of laws, contracts, torts, property, family law, commercial law, business enterprises, constitutional law, administrative law, trade regulation, labor law, tax law and substantive criminal law.
LAW L931 Legal Research and Writing for International Lawyers 2 hrs.
This course parallels LAW L715 Legal Research and Writing and adapts and supplements it for the needs of international law students.
LAW L932 Immigration Law Seminar 2 hrs.
Students will explore problems posed by immigration and the regulation of aliens in the United States through selected readings, class discussion, and class presentations.
LAW L946 Agency and Partnership 2 hrs.
This course is an introduction to the fundamental legal principles governing agency and fiduciary relationships and unincorporated business associations. Among the topics covered include: 1) the creation and legal effects of agency and fiduciary relationships; 2) the formation, operation, and dissolution of general partnerships and limited liability companies; 3) the distribution of powers among the owners and managers of such organizations; and 4) the relative advantages and disadvantages of various organizational forms.
LAW L955 Advanced Constitutional Law—14th Amendment 3 hrs.
This course focuses on the protection afforded individuals by the 14th amendment due process and equal protection clauses, state action, and Congress’ power to enforce the 14th amendment. Students are strongly encouraged to take this course, as well as the first amendment course.
LAW L957 Injured Employee Compensation and Tort Remedies 2 hrs.
This course is a study and comparison of the various remedies available to an employee or his or her dependents resulting from work-related injury or death. We will compare state worker’s compensation principles with those of the Longshore and Harbor Worker’s Compensation Act. The tort remedies available to the employee and the compensation carrier’s right of intervention in a third-party action are studied. The remedies available to maritime workers pursuant to the Jones Act, general maritime law, and the Outer Continental Shelf Lands Act are also considered.
LAW L974 Canon Law 1 or 2 hrs.
This course will examine the 1983 code of Canon Law in light of the historical developments of church law and the reforms of Vatican II. Special emphasis will be placed on Book Two of the Code, “The People of God.” This course is cross-listed as LIM G874 and is offered by the Loyola Institute for Ministry in City College.
LAW L980 Income Taxation 3 hrs.
This course is an introduction to the principles of the federal taxation of income as it relates to individuals. It will focus on a number of concepts usually involving tax policy, gross income, property transactions, including gains, losses, non-recognition transactions, tax status, timing issues, deductions, credits, exemptions, and tax procedure. This subject is a bar requirement in many common law jurisdictions.
LAW L981 International Taxation 3 hrs.
This course covers the taxation of foreign nationals doing business in the United States and United States citizens doing business outside of the States. The course will examine the taxation rules regarding foreign income of United States corporations and individuals, United States taxation of nonresident aliens and foreign corporations, domestic international sales corporations, and international boycott determinations.
Prerequisite: LAW L980.
LAW L985 Intellectual Property Law Seminar on Digital Delivery of Entertainment Products 1 hr.
The course will cover the following topics: 1) the legal and legislative responses, especially under copyright law, to emerging digital technologies, including compression formats, increased bandwidth, and CMI (copyright management information) applications; 2) the emerging business models viewed against the background of the so-called “traditional” model; 3) the social, political, and policy underpinnings of the “safe-harbor” provisions of the Digital Millennium Copyright Act viewed as an unprecedented entrance of technology into the Copyright Act; 4) the increasing relevance of global treaties regarding foreign distribution of entertainment products for intellectual property rights holders in the United States; 5) the future of the entertainment industries in a limited-encryption copyright protection environment of instantaneous global access. Class meets once a week.
Prerequisite: LAW L890 or permission of instructor.
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