Specific topics to be covered include the sovereignty of Indian Nations, federal trust responsibilities, equal protection issues, criminal, civil and regulatory jurisdiction, protection of religious practices and sacred sites, gaming, Indian land rights and environmental issues. The course deals with the nature of and justification for the ownership of property, including land, personal property, and intellectual property. Courses are deactivated from the Course Catalog each summer if they have not been offered within the past five years. Specific topics will include Congress; plenary power over immigration; the interaction between immigration and federalism; the constitutional rights of noncitizens; the criteria for the admission of noncitizens on a temporary or permanent basis; the grounds for exclusion and removal; the rules governing adjustment of status; and the law governing refugees and asylum. Particular attention will be given to the emerging law of renewable energy as it compares to the established legal frameworks for energy from fossil fuels. Constitutional, administrative, commercial and trade law of the EU are all covered. Helps students appreciate how the judicial mind goes about the craft of deciding a case in the hope that the student, once admitted to practice, will be able to better respond to the needs of that mind and therefore, will be a better advocate. Research using printed and on-line sources will be considered along with the factors to consider when deciding whether to search in print or on-line. No prior knowledge of international law or human rights law is required. From what it means to be a lawyer to notions of what is "just" or "fair," courts and dispute resolution outside the U.S. can be both very different and, at times, surprisingly familiar. Lastly we will consider the impact of environmental justice, smart growth and sustainability considerations on current and future development efforts. Our course will cover the three main areas within the subfield: the law governing resort to force (jus ad bellum), the conduct of armed conflict (jus in bello or International Humanitarian Law (IHL)), and the means and methods of warfare, in particular, weapons law. Students will conduct initial intake interviews, identify client eligibility for immigration benefits, complete immigration applications, compile supporting documentation and write legal memoranda. This course will be of interest to anyone considering a career in energy, environmental, or natural resources law, as well as those seeking a better understanding of federal natural resource policy. Look no further than the Classics Department where you can study Greek and Latin, as well as learn about ancient Greco-Roman culture. Reading materials will be provided by the instructor, and will include essays by legal scholars, some social science research, and excerpts from contemporary periodicals, as well as more traditional legal cases and statutory materials. This seminar will take a broad look at how policing and race interact. Catholic health care supports over 20% of the hospitals in 24 States, and more than 30% of all hospitals in eight States. Do constitutions of Islamic law states differ from those of the West? Evidence, Professional Responsibility, and Intensive Trial Advocacy are pre-requisites or co-requisites for the EJP clinic. Students will attend classroom sessions in the Law School; case work will be performed at the law offices of Professor Wruble in downtown South Bend. We will study the complex legal framework within which international commercial and investor-State arbitrations take place. Students may also participate in community outreach and education on taxpayer issues. It also helps to define citizens' interactions with each other, especially in the modern technological age. Course requirements include regular participation and two analytical papers. Merging a problem-based and interdisciplinary case approach with lectures, the course will problematize the linkages in case studies of: 1) sustainability-driven international regulatory reforms over the methods of production, global supply chains, and the activities of multinational enterprises, especially under the Paris Agreement on Climate Change and related environmental treaties, the World Trade Organization agreements, and the International Covenant on Economic, Social, and Cultural Rights; 2) the duty of States to conduct meaningful human rights-based due diligence review and design human rights impact assessments for foreign investment, trade, banking, infrastructure development projects in their jurisdictions, as well as for other cross-border economic activities; and 3) the mandate for greater participation of indigenous peoples and local communities in international environmental and human rights fact-finding, governance, and protection over natural resources and the protection of the global commons, and the recognition and application of this mandate in select cases at the International Court of Justice, the Inter-American Court of Human Rights, the European Court of Human Rights, national human rights commissions, and other fora. One unit of co-curricular academic credit may be awarded for student volunteer legal work of at least four weeks and 160 hours or more of work undertaken during the summer months in a court, governmental agency, nonprofit organization, public law office or in-house corporate counsel office. We will read selections from books, articles or speeches of people such as Michelle Alexander, Paul Butler, Ta-Nehisi Coates, James Comey, Alice Goffman, Jill Leovy, Tracey Meares, Jonathan Pfaff, Stephen Rushin, and William Stuntz. May be graded at the option of the instructor. THIS COURSE PROVIDES 2 CREDITS TOWARD THE UPPER-LEVEL EXPERIENTIAL COURSE REQUIREMENT! The course focuses on analyzing the variety of existing and potential regulatory mechanisms for protecting and regulating usage of the environment, including more recent initiatives like market-based schemes, cost-benefit analysis, information disclosure, and technology forcing. Students tryout and are chosen for the both teams during the first week of classes in the fall. This course examines the role of international law in the protection of the earth's environment. Additionally, helps students develop an understanding of scientific techniques used in the courtroom beyond just the basic tests for admission of expert testimony (i.e., DNA testing, "profile" evidence and "syndrome" evidence.). It is preferred, although not formally required, that students applying for this Externship will have taken either or both of the following: Constitutional Criminal Procedure: Adjudication and Constitutional Criminal Procedure: Investigations. In the classroom component, students will examine the principal causes of wrongful convictions, the application of those causes to the cases assigned to the students, proposed solutions to prevent wrongful convictions in the future, and related ethical issues. Notre Dame of Maryland University. Explores federal and state law governing business combinations. This course brings together theories and approaches to "law among nations" present in the international legal literature and international relations scholarship. Students appearing in court will do so under the supervision of a state-licensed attorney.Students will also participate in skills training sessions, such as how to interview your client, how to interview a non-cooperative witness, and how to prepare a witness to testify at trial. We will engage in an overview of environmental laws that may impact development including the Endangered Species Act, Clean Air Act, Clean Water Act, and CERCLA. School of Pharmacy Catalog. Yet environmental law typically overlooks scenic values in favor of threats to public health (as regulated by the Clean Air Act, the Clean Water Act, and other pollution control statutes) and to ecosystem services (as regulated by the Endangered Species Act and other federal laws that protect biodiversity). Course Catalog; Course Catalog Compliance training topics in complyND: ... Notre Dame Specific Confined Space Training. A key goal of the course is to gain an understanding of the unique rules and procedures that apply when representing Indians or representing non-Indians and Governmental agencies in dealing with Indian Country. Students will develop an understanding of how the shipping world operates, and how the variables of trade practice and underlying financial considerations affect the decisions that shipowners and charterers will make. What is the Supreme Court's role in interpreting our Constitution? Moreover, there are many areas of the law where the "right" course of conduct is less than clear. It surveys federal statutes pertaining to computer and internet related crimes and their application, sentencing issues, and first amendment and fourth amendment issues that arise in this context. We will explore the major areas in which newer attorneys are having (and can have) immediate impact in the drug and medical device world. Concentrates on the procedural and substantive requirements for filing a federal trademark registration before the United States Patent and Trademark Office (USPTO) and extensions of that registration through the Madrid Protocol. Who Should Take This Course: Students who are hoping to be a federal or state judge on the trial or appellate level; a federal or state legislator; a law professor; a federal or state judicial law clerk; a federal or state prosecutor or public defender; or any student who might want to work within a "White Collar" Crime unit of a major or boutique law firm that handles, among other matters, corporate compliance and internal investigations. While a consensus has emerged that business has a responsibility to respect human rights, the current framework of obligations on business may be considered incomplete. Environmental issues covered include environmental disasters, transboundary air pollution, climate change, marine pollution, hazardous waste, the law of war and environmental protection, freshwater resources, biodiversity and wildlife conservation, protection of habitat, and how international disputes in these areas are settled. This course surveys immigration and citizenship law in the United States. Considers how certain rules of evidence are used more often (if not exclusively) in the criminal context. Students are sometimes required to participate in a community education presentation. It combines lecture and experiential learning approaches to address the following topics: basic choice of law and choice of forum analysis; prescriptive jurisdiction; extraterritorial application of United States laws; international judicial assistance (service of process and discovery abroad); enforcement of foreign judgments; and numerous defenses raised in the transnational civil litigation context, including sovereign immunity, act of state, forum non conveniens, political question, and preemption. The course will cover what counts as cultural heritage and why humanity cares so deeply about it as demonstrated by the near-universal membership in the Convention on Illicit Trafficking of Cultural Property and the Hague Convention on the Protection of Cultural Property in Time of Armed Conflict. Moreover, corporate governance issues are at the forefront of current public policy debates, particularly those surrounding high-profile corporate scandals and failures over the last decade and, most notably, many aspects of the recent global financial crisis. Topics studied are designed to draw attention to differences between the English and U.K. systems and the position in the United States. It will also include extensive consideration of the restitutionary remedies that are typically given in cases of unjust enrichment. It is now the most favoured form of international dispute resolution. Also considers the different types of armed conflicts including the concept of armed conflict, the distinction between international and non-international armed conflicts, reasons and relativity of the distinction and comparison of the two regimes, and contemporary problems of qualification and practical consequences. Students will consider the meaning of Islamic justice, its embodiment in the legal system, its execution, the way it has evolved, and the principles that underpin it. Our emphasis will be on how these mechanisms operate in contemporary disputes and on how the law governs their use. Also considers the extent to which state law must be applied in federal court. Students taking this course will be expected to attend and to participate actively in each session of this seminar and to write a paper that is at least twenty pages long on a law-at-the-end-of-life topic that is agreed upon between the student and me by September 14th of this year. These topics offer especially important and useful tools to lawyers; failure either to recognize an opportunity to use a concept or method or to question an improper application can adversely affect a client's interests. The course will concentrate on the transnational protection of economic and social rights, the jurisprudence of the Court of Justice and the particular contribution made by the Court in the development of the four freedoms. Much of the course considers the ownership and use of land, covering such topics as the estates system, easements, covenants, and servitudes, zoning, the government's eminent domain power, and takings law. Course topics include contract formation, warranties, risk of loss, breach and remedies, as well as the developing law governing sales in the e-commerce world. This seminar focuses on the theory and practice of imposing punishment for criminal wrongdoing. The Corporate Counsel Externship course allows students to perform 8-12 hours of legal work per week in in an in-house corporate counsel office while participating in a companion weekly seminar. It is based on a course that students are required to take in their first year at the Harvard Law School in order "to bring the first-year law school curriculum more in line with the realities of modern legal practice and the structure of our legal system - in particular, the centrality of statutes and regulations," and "to teach students how judges and administrative interpreters construe these legal materials. This course considers the law of linkages between debts and assets. The course covers issues relating to fund organization and distribution, rights of shareholders, investment performance, advisory fees and expenses, governance, including the independence of directors, trading practices and compliance matters. Enrollment is currently limited to 48 students. This course examines a variety of questions about and approaches to American constitutional law and interpretation, drawing from case law, early secondary sources, and contemporary scholarship. Notre Dame challenges women and men to: strive for intellectual and professional excellence, build inclusive communities, engage in service to others, and; promote social responsibility. The core issues at stake in this course - the boundaries of political membership and the systems for managing migrant populations - play a significant role in many areas of the law and present fundamental challenges to the United States in the twenty-first century in terms of national security, domestic and foreign policy Recommended pre- or co-requisites: Administrative Law and Constitutional Law. The goal of this course is to introduce students to the social scientific study of law and courts in American politics. The purpose of the Wrongful Conviction Externship is to provide students real-world lawyering experience representing and advising clients believed to have been wrongfully convicted of serious crimes in the state of Indiana. This course will draw students into the growing international discourse on children's rights. By working in the EJP clinic students will gain invaluable insight into the criminal justice system.The EJP clinic affords students an opportunity to work on building relationships with clients, interviewing witnesses, investigating case facts, developing case theories, conducting legal research, drafting motions for discovery and DNA testing, drafting witness affidavits and state petitions for post-conviction relief and federal habeas petitions, and participating in evidentiary hearings and other court proceedings. It does so by direct engagement with scholars presenting their works in progress. Aims to help students relate their personal commitments to their professional lives, and to give students a better understanding of particular legal dispositions through studying them within the context of the whole fabric of the law. However, the plight of the struggling artist is well known, and entertainment law is an area well suited for pro bono work. Students taking the course for three credits will complete a substantial research paper that satisfies the Law School's Upper-Level Writing Requirement. Experiential Course. Take Home Final on the evidentiary matters covered during the last few weeks of the semester. Emphasizes fundamental issues in international tax including jurisdiction to tax, source of income, foreign tax credit, tax treaties and the use of controlled subsidiaries and other entities to conduct business overseas. It is a required or recommended course for advanced international law courses and is important various moot court competitions, journals, and other co- and extra-curricular activities. Suit up the whole family with gear from this year's Tradition Catalog. The topics considered will include constitutional understandings and practices in 17th and 18th Century Great Britain and her North American colonies; the role that differing constitutional understandings and practices played in the precipitation of the American Revolution; the constitutional arrangements that emerged in and among the states during and in the immediate wake of the Revolution, and the role that perceived shortcomings in those arrangements played in the decision to formulate a new Constitution of the United States; the manner in which participants in the framing and ratification of the Constitution sought to redress the deficiencies of preceding institutional arrangements; constitutional issues arising in the Early National Period; the nullification crisis of 1832-1833; the constitutional controversies presented by the existence of chattel slavery in a federal union; and the manner in which differing understandings of state and federal power under the Constitution contributed to secession and Civil War. Law and the Entrepreneur examines the multiple places along the life cycle of a startup where the law intersects with and impacts new businesses, including choice of entity, intellectual property and technology commercialization, capitalization and finance, immigration, family business, and social entrepreneurship. Law exists for the peaceful settlement of society’s questions. Enrollment by permission only. Students can take LAW 70315 Administrative Law either concurrently with this course or after, but may not take Administrative Law first and Legislation & Regulation second. The various trial advocacy skills are put together in two full trials, one to a judge and one to a jury. The course will also undertake comparative analysis of the protection of free speech in other countries. The course will address the policies underlying competition law, along with consideration both of substantive doctrine and enforcement mechanisms. Specific attention will be given to the administrative regulatory scheme applicable to wine. Students represent their clients through all phases of the criminal justice system from charging through plea negotiation or trial and will perform the following tasks: client interviewing and counseling, factual investigation, legal research, case theory formulation, motion practice, suppression and evidentiary hearings, plea negotiation with deputy prosecutors, and trials. The seminar will include a component comparing interpretive practice and debates in the United States and United Kingdom. Asset classes are examined in terms of the following aspects: key characteristics, investment strategies, and portfolio consideration (risk/return profile and their contribution to portfolio diversification). Students study trial advocacy techniques through student participation, faculty critique, lectures, and demonstrations by practicing lawyers. Not all “active” courses in the Course Catalog are offered every term. For the student interested in criminal law, explores how the law of evidence is applied in criminal cases. Semester workshops analyze evidence problems a new lawyer will face in practice — receive a memo from a senior associate or partner to analyze facts on a client matter and report back in writing with (1) an analysis of the evidentiary matters and (2) a plan of action. The clinic provides law students real-world lawyering experience representing clients that were wrongfully convicted. Topics covered in the first semester include: (1) Introduction to Patent Law; (2) 35 U.S.C., 37 C.F.R., and the MPEP; and (3) Precedential Case Law. However, there will also be an "open book" take-home final. Notre Dame’s Department of Psychology offers graduate programs in cognitive, clinical, developmental, and quantitative psychology, joint doctoral programs in peace studies and in computer science / engineering, and an undergraduate major that emphasizes hands-on research. In this seminar, students will tackle the question of how to provide effective and appropriate legal remedies for trafficking victims by comparing approaches and outcomes across countries, including the United States. This module explores the unfolding area of the human rights obligations of transnational corporations (TNCs) and other business enterprises. Experiential Course. Business Law Criminal Law, Law, Ethics, and Public Policy, Public Law. Highlights the importance of issues involving accounting to the practice of law. Places particular focus on the content and interpretation of ILO conventions 87, 98 and 111. In this seminar, we will examine the law of information privacy across these and other domains. A technical background is not required for Patent Law. The paper topic will be assigned by the professors. Attendance during the entirety of the intensive week, the trial weekend, and semester classes is required. We will focus on the representation of authors, musicians and artists as the basis for our analysis, although we will also discuss the competing interests of the people that contract with authors and artists. In addition to the ten credits earned through the field placement and associated seminar, participating students must earn 4 additional credits through non-externship courses offered in either South Bend or Chicago. Course descriptions. This course examines the land development process. Trial Advocacy, either Comprehensive or Intensive, is another preferred pre-requisite or co-requisite but will not be formally required. The implications and exercise of these attributes is the subject of international organizations law. To practice law effectively, every lawyer should understand certain fundamentals about accounting and financial statements. Attention will be given to restrictions on and changes in the scope of the federal powers to tax, to spend, and to regulate interstate commerce, as well as to limitations placed upon state and federal regulatory competence by the Due Process Clauses of the Fifth and Fourteenth Amendments, the Equal Protection Clause, the Tenth Amendment, and the Dormant Commerce Clause. They want to be part of how cyber space and outer space are regulated. The course will have an international emphasis, with considerable examination of the UK, and other major common law countries' experiences dealing with national security law issues. The classroom portion of the course covers tax procedure and relevant substantive law along with basic lawyering skills necessary to effective representation of taxpayers. Have you ever wanted to know what Notre Dame’s motto, Vita, Dulcedo, Spes, means?Or the origins of our legal system? More specifically, the course examines five important levers of governmental power utilized in combatting national security threats: diplomacy; intelligence; military; economic sanctions (both domestic and international); and criminal prosecution. The Freedom of Religion is widely regarded as a fundamental human right and as Americans' "first freedom." This course will be conducted as a seminar in which students write a research paper and make a classroom presentation on some issue that involves aspects of both civil law and canon law. Provides a survey of most of the major federal environmental laws, exploring foundational issues of environmental ethics, politics and economics in these various legal contexts. Topics covered will include human reproduction (including maternal/fetal conflicts and assisted reproduction), stem cell research, human cloning, genetic screening and modification, research involving human subjects, neuroscience/ neuroethics, end-of-life matters, and relevant issues touching and concerning both intellectual property and constitutional law. No prior experience with science, medicine, philosophy, or related disciplines is assumed or necessary. There are no pre or co-requisites for this course, other than the basic required course in Criminal Law. This course introduces students to the law and methods available for resolving international questions peacefully. Applied Evidence—Pretrial Analysis for Civil Disputes uses the problem method and Federal Rules of Evidence to analyze evidence concepts/principles during pretrial from when a client is retained through settlement or trial / arbitration / mediation. The course will also focus on the law as a profession as opposed to a business, within the realities of paying off student loans and supporting yourself and a family. Does the government have a role to play in creating the conditions necessary for the freedom of speech to flourish, or is the freedom of speech best considered as a constraint on government? The class is a combination of lecture and performance. It is also the area that makes headlines most often today from the violence of civil wars to the development of killer robots. These courses must be taken either before enrollment or while enrolled in the clinic. This seminar situates the subject of comparative constitutional law in a broader framework of comparative legal traditions, starting with a discussion of the aims and methods of comparative law, then proceeding to constitutional history and theory, and considering the idea of "constitutional identity." Are courts and legislators ever justified in assigning greater value to some messages and forms of expression than to others, or in silencing some speakers in order to amplify the voice of others? Enrollment is by permission of the instructor. This year-long (10 unit) course is available to qualified students. This class will examine in detail the primary authorities (Constitution, Statutes, Administrative materials, case law, and international agreements) related to food and beverage law, explore the relationship between them, and discuss the various specialized secondary sources that are available to help identify and explain the laws. Take in advance of participating in this seminar, we will examine a variety of substantive and procedural principles informed... 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