Alternative Dispute Resolution Techniques (2 hrs.) —  req. QP The seminar is a limited-enrollment (20 students) course that looks at mechanisms for resolving disputes other than the mechanism of litigation. It concentrates on negotiation, arbitration, mediation-conciliation, the so-called “rent-a-judge” and the “mini-trial” proposals. The seminar will be mainly an in-depth discussion and analysis of the individual devices and will evaluate the advantages and disadvantages of the alternatives in relation to litigation. A number of guest lecturers will attend and participate. Class participation by all members of the seminar is required and the final grade will be based on the research paper written by each participant. Each student will be required to give a short, oral presentation on his or her paper topic toward the end of the semester. This course requires a qualifying course paper. Mr. Breger, Mr. Meissner, Ms. McMullen, Ms. Mitchell.

Bankruptcy (Day, 3 hrs.) A complete study and review of all legal principles involved in seeking relief under the various chapters of the Bankruptcy Code, including the various relief chapters (chapters 7, 11, and 13), automatic stay litigation and concepts, property of the bankruptcy estate, secured, priority and unsecured claims, discharge and discharge ability issues, debtors’ rights and exemptions under both state law and the Bankruptcy Code, the powers of a trustee in bankruptcy, the question of priorities and conflicts between creditors, fraudulent transfers, and the jurisdiction and venue of the United States Bankruptcy Court. Students who have taken the Creditors’ and Debtors’ Rights course may not enroll for Bankruptcy. Ms. Miles, Judge Whelan.

Columbus Community Legal Services:  Advocacy for the Elderly (3, 4, 5 or 6 hrs.) — opt. PP Advocacy for the Elderly provides students with a unique opportunity to engage in the direct delivery of legal services. Students carry an individual caseload closely supervised by a clinical supervisor. Through direct delivery of legal services, students gain experience in practical trial techniques, refine research and writing skills, and develop important lawyering competencies such as negotiation, fact investigation, and case management. In addition to maintaining a caseload, students attend weekly classes and case reviews. The classroom component focuses on developing lawyering competencies and knowledge of relevant substantive areas of law. The classroom component and client meetings are scheduled at night. Some flexibility in scheduling and daytime accessibility is necessary. Graded with a pass/fail option. Enrollment is limited. Students who have completed 41 credit hours, including Civil Procedure, Criminal Procedure: The Investigative Process, and Evidence, may qualify to appear in court under the District of Columbia Student Practice Rule. Evening-division students are given preference in enrollment. A student may request to do a qualifying portfolio paper. Mr.McGonnigal.

Directed Research (2 hrs.) This course offers students the opportunity to conduct original, in-depth legal research and produce a quality written analysis in an area of special interest under the close supervision of a faculty member. A faculty member who agrees to serve as the student’s supervising instructor will provide guidance and feedback throughout the research and writing process. The student’s final grade will reflect the supervising instructor’s evaluation of the quality of the student’s legal research and legal analysis as well as the quality of his/her legal writing. To register, a student must submit a statement of topic, signed by the supervising instructor that describes the proposed research topic and establishes the tentative research and writing schedule. The signed statement of topic must be submitted to the Office of the Academic Dean before the end of the add-drop period for the semester. Faculty.

ERISA: Pensions (Taxation) (2 hrs.) Survey of the structure, operation, and requirements for obtaining and maintaining IRS approval of tax qualified pension, profit-sharing, and stock-bonus plans under X401(a) of the Internal Revenue Code are explored. Faculty.

ERISA: Pensions (Tax Policy) (2 hrs.) This course examines federal tax policy aimed at increasing the adequacy of retirement savings. The course surveys the tax provisions of ERISA (Employee Retirement Income Security Act of 1974) and provides an in-depth examination of the fundamental policy considerations which these provisions reflect as they relate to qualified plans. The material covered in this course complements the material covered in ERISA: Pensions (Taxation), but completion of that course is not a requirement. Prerequisite: None (Federal Income Taxation recommended). Ms. Jefferson.

Estate Planning (2 hrs.) — req. PP An advanced course which attempts to integrate in a meaningful way the principles of property law and tax law as they apply to the accumulation and disposition of wealth. Revocable and irrevocable trusts, wills, interspousal lifetime and death transfers, life insurance, charitable planning, and estate planning for owners of incorporated and unincorporated businesses are examined in detail. Special attention is given to practical problems which arise in the estate planning process, such as efficient use of the unlimited marital deduction, planning for generation-skipping transfers, and structuring a beneficiary’s inheritance. An examination of various methods of transmitting wealth is undertaken with an emphasis on planning for the most efficient and economical disposition of property in view of the tax and property consequences of the various alternatives. This course requires a qualifying portfolio paper. Drafting skills are developed; the major project for each student is to draft a will and revocable trust agreement. No examination is given. Enrollment limited to 15 students. Prerequisites: Trusts and Estates and Federal Taxation of Wealth Transfers, or permission of the instructor. Mr. Chisholm.

Family Law (3 hrs.)  A study of marriage, nonmarital relationships, divorce, custody and support obligations, as these affect children and adults within the context of state, federal, and constitutional standards and perspectives. Ms. Alvaré, Rev. O’Brien.

Federal Income Taxation (4 hrs.) This course is an analysis of the federal income tax law as it applies to the individual taxpayer. The course will focus on the Internal Revenue Code of 1986, as amended to date, as well as considerations of tax policy. Taxation of business associations will not be treated in this course. Ms. Jefferson, Ms. Simon.

Federal Taxation of Wealth Transfers (3 hrs.) Tax problems and consequences of gratuitous transfers of wealth during lifetime and at death are considered in this course. The law of estate, gift, and generation-skipping taxation is critically examined as it applies to outright gifts, trusts, life insurance, joint property, and future interests and powers. Considerable emphasis is given to transfer tax planning and implementing lifetime and testamentary dispositive arrangements. Particular attention is given to the attorney’s role in advising clients concerning alternative means for the gratuitous disposition of property. Prerequisite: Trusts and Estates or permission of instructor. Mr. Chisholm.

Land Transactions and Finance (3 hrs.) This course studies the law of real estate financing methods and transaction documentation. Lender liability, title insurance, and federal income tax considerations are included with an examination of the lawyer’s role in the development and transfer of land. Ms. Asdorian, Mr. Lynch, Mr. Nunes.

Legal Externship:  Becoming a Lawyer (3 or 4 hrs.)  After consultation with the coordinator of clinical programs or faculty instructor, students select a placement at which to do uncompensated legal work under the supervision of an attorney or faculty instructor. Placements must be approved by the coordinator of clinical programs. Placements include federal, state, and local government agencies, judicial chambers, prosecutor’s and defender’s offices, law firms, corporate general counsel’s offices, public interest organizations, and labor unions. The placement is combined with a seminar focused on enhancing learning from the externship, techniques for learning from experience useful after graduation, and issues in becoming a lawyer and joining the profession. For three credits, students are required to do 120 hours of uncompensated fieldwork; for four credits, 180 hours are required. One of the credits awarded is considered an academic credit and the remaining are clinical credits. Grading is on a pass/fail basis. Legal Externship: Becoming a Lawyer is a prerequisite for Legal Externship: Supervised Fieldwork. Mr. Connolly, Ms. Frost, Ms. Lerman, Ms. Lucken-McMullen, Ms. Niedzielko, Mr. Ogilvy, Mr. Sadler, Mr. Tramont, Ms. Wortham.

Legal Externship:  Supervised Fieldwork (2 or 3 hrs.) Students perform 120 hours of uncompensated legal work for two credits or 180 hours for three credits, under the supervision of an attorney in placements such as federal, state, and local government agencies, judicial chambers, prosecutor’s and defender’s offices, law firms, corporate general counsel’s offices, public interest organizations, and labor unions. Placements must be approved by the coordinator of clinical programs. Students must have completed Legal Externship: Becoming a Lawyer, Legal Externship: Becoming a Communications Lawyer, or Becoming a Public Policy Lawyer as a prerequisite. Supervising faculty members will specify some accompanying assignments designed to enhance the externship, such as agreement on a learning agenda with the faculty and placement supervisors, journal reflections on the externship, and meetings with the faculty supervisor. Grading is on a pass/fail basis. Mr. Connolly, Ms. Frost, Ms. Lerman, Ms. Niedzielko, Mr. Ogilvy, Mr. Tramont, Ms. Wortham.

Not-for-Profit Organizations Law (3 hrs.) — req. QP  Considers many aspects of the legal treatment of not-for-profit organizations, including management and organizational issues, fiduciary responsibilities, tax exemptions and other special privileges, restrictions on political and economic activities, special fund-raising regulations, etc. This course will have a comparative focus, exposing students to the legal issues both from a U.S. perspective and from a perspective reflecting their treatment in other countries. This course requires a qualifying course paper. Ms. Simon, Mr. Weinstein.

Partnership Taxation (2 hrs.)  The tax consequences of the formation and operation of a partnership, including the basis of partnership interests and of partnership assets and the effect of liabilities on basis; the determination of partnership income and a partner’s distributive share thereof; sales and exchanges of partnership interests; liquidating and nonliquidating partnership distributions and tax consequences involving the retiring partner. Prerequisite: Federal Income Taxation. Ms. Jefferson.

Professional Responsibility (3 hrs.) This course examines the legal profession and the law that governs the professional behavior of lawyers, including the Model Rules of Professional Conduct, the Code of Professional Responsibility, the law of legal malpractice and the relevant rules of agency law, criminal law, civil procedure, and other law. It addresses ethical questions relating to the lawyer’s role in the legal system, and the lawyer’s relationships with clients, adversaries, tribunals, colleagues, employees, witnesses, and others. The course looks at issues that arise in the various roles occupied by lawyers, including advocate, counselor, and negotiator. Judge Bacon, Mr. Destro, Mr. Goldman, Ms. Lerman, Mr. Mintz, Mr. Rooney, Ms. Wortham.

Remedies (3 hrs.) This course deals with the nature and source of the remedies of specific performance, reformation, rescission, damages, restitution, injunction, and declaratory judgment. Emphasis is placed on the historical development and modern application of equitable principles and the limitations that have been recognized on the exercise of equitable powers. This is an exam course. Mr. Marcin, Mr. Sky, Judge Williams

Trusts and Estates (4 hrs.)  A study of the inter vivos and testamentary means of gratuitously
disposing of property among family and friends. Consideration is given to the rules of intestate succession; the execution, revocation, and contest of wills; the creation and operation of private and charitable trusts; some applications of the remedy of constructive trust; the use of will substitutes; the use of powers of appointment; and construction problems commonly encountered when provision is made for the enjoyment of property by beneficiaries over an extended period of time. Consideration is also given to problems of probate reform.  Rev. O’Brien, Ms. Silecchia, Ms. Skillman.

Courses with a writing requirement are identified by the following symbols found in the key provided below:
req. QP —    required qualifying course paper
opt. QP —    optional qualifying course paper
req. PP —    required qualifying portfolio paper
opt. PP —    optional qualifying portfolio paper
E or QP        —      examination or qualifying course paper
E or PP —    examination or qualifying portfolio paper
WC        —    advanced writing course
For the complete listing of courses, visit the Courses of Instruction section of the law school Announcements catalogue.