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Elective Courses
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Fall Semester
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| Capital Punishment Law |
LAW 305 3 Hours |
| The course offers an overview of the law governing the death penalty. After an initial look at the history of capital punishment, the bulk of the course will focus on constitutional issues under the Eighth and Fourteenth Amendments to the United States Constitution. In addition, the course will examine various statutory procedures for capital trials and emphasize practical aspects of prosecuting and defending capital cases. Finally, we will explore political, sociological, moral, and religious arguments for and against the death penalty. Numerically graded course--grade based upon final exam and class participation. Open to second- and third-year students. |
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| Client Counseling Competition |
LAW 415 1 Hours |
| During the Spring Semester, Mercer Law students compete for the honor of representing the school in the National Client Counseling Competition sponsored by the American Bar Association. The students selected are given intensive training by one of our faculty members using the school's video systems for observation and evaluation of counseling techniques. The team competes against other law schools regionally for the opportunity to compete for the national championship. Mercer’s teams have won the ABA’s Southeast Regional Competition in 1989, 1996, 1997 and 2001. |
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| Corporate Tax |
LAW 424 3 Hours |
| An in-depth analysis of Internal Revenue Code sections dealing with income taxation of corporations and their shareholders. Particular emphasis is given to such areas as transfers to controlled corporations, dividends, redemptions, liquidations, and Subchapter S corporations. Income Taxation is a prerequisite. Seniors only. |
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| Criminal Procedure--Constitutional Dimensions |
LAW 671 3 Hours |
| The law of criminal procedure considered from a constitutional standpoint. Includes an analysis of the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution plus other material related to criminal prosecutions. The coverage of this course complements the course entitled "Criminal Procedure: The Litigation Process," but neither course a prerequisite. |
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| Debtor Creditor Relations |
LAW 440 3 Hours |
| This course is an overview of debtor-creditor relations. While issues under state law will be considered, the overwhelming emphasis of the course will be on federal bankruptcy law. The rights and obligations of both debtors and creditors under bankruptcy law will be examined, with particular focus on the strategic decision-making process of parties involved in a bankruptcy proceeding. Commercial Transactions recommended but not required. Seniors only. |
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| Divorce Mediation |
LAW 650 2 Hours |
| The course is designed to enable students to develop skills needed by attorneys or mediators in mediations of divorce issues, including child custody, visitation, property division, and alimony. The course will consider, in addition to the skills of mediation, distinctions between mediation and other forms of settling disputes and substantive law issues relevant to mediation, such as confidentiality of the process and product of mediation. For students who do not meet the attendance requirement, a research paper is required. Domestic Relations is a prerequisite. Enrollment limited to 24. Seniors only. Pass/Fail (Taught as a spring semester, advanced skills course until fall 2005.) |
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| Employment Discrimination |
LAW 448 3 Hours |
| A study of contemporary and Reconstruction federal legislation
prohibiting discrimination in private and public employment on the basis
of race, sex, religion, national origin, age and disability. Particular
attention is given to interactions among Congress, the courts, and
administrative agencies. The course concludes with a consideration of the
several settings in which employers and government contractors may use
race-preferential affirmative action. No prerequisites. 2Ls and 3Ls for fall 2009. |
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| Employment Law |
LAW 664 3 Hours |
| This course will survey common-law and federal and state statutes regulating the relationship between an employer and an employee. Topics to be covered will include employment at will, terms and conditions of employment, public employment, employment discrimination, wages and hours, employee benefits, occupational safety, workers' compensation, and termination of the employment relationship. The course will not include coverage of 42 U.S.C. 1981, 42 U.S.C. 1983, or the National Labor Relations Act. (Courses on those statutes are discussed elsewhere. See Civil Rights, Employment Discrimination, and Labor Law.) May be taken 3rd or 5th semester. |
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| Federal Courts |
LAW 461 3 Hours |
| The power of the federal courts; the nature and scope of original jurisdiction of the district courts of the United States; and the operation of the federal judiciary with respect to state and local systems. Seniors only. |
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| First Amendment Law |
LAW 475 3 Hours |
| A study of individual rights and liberties under the First Amendment to the U.S. Constitution focusing on the rights to free speech and free press taught primarily through in-class discussions and role plays. Grades will be awarded on the basis of performance on an essay exam. May be taken in the 3rd or the 5th semester. (Course was titled "Individual Rights." Renamed 10/15/03) |
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| Income Tax |
LAW 202 3 Hours |
| This course is a study of the fundamental principles of the Federal income tax system as applied to individuals, including the concepts of income, allowable deductions and limitations on deductions, and the characterization of gains and losses. The course stresses reading and applying the Internal Revenue Code. Other course materials include Treasury regulations, administrative pronouncements, and decided cases. |
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| Intellectual Property |
LAW 486 3 Hours |
| An overview of laws that secure rights in, and provide for the marketing of, patents, copyrights, trademarks, trade secrets, publicity rights, and personal data. Open to all upperclass students. |
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| Medical Malpractice |
LAW 546 2 Hours |
| This course will survey the law of medical malpractice. Topics to be covered include the standard of care, causes of action, the physician/patient relationship, defenses, consent to treatment, statutes of limitation, fraud and misrepresentation, the complaint, summary judgment and trial issues, discovery, directed verdict, hospital-setting liability, and trial practice. Seniors only. S/U |
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| Military Law |
LAW 307 2 Hours |
| This course will trace the path of legal reform and criminal justice in post-World War II United States through the practice of American military law. It combines the study of legal history, criminal law and procedure, and the special context of military service to address issues including the protection of human rights in armed conflict, the imperatives of national security, and the collision between American and international jurisdictions. The course will begin by considering the special concerns of discipline and criminality in the armed forces and then turns to the Uniform Code of Military Justice (UCMJ). At this point the students will analyze both high-profile courts-martial--the prosecution of repatriated Korean War POW's for collaboration, the trial of Lieutenant Calley for the My Lai massacre in Vietnam, and the sexual scandals of the 1990's--and routine prosecutions for common military crimes like unauthorized absence, misprison, and others. The course will also briefly examine comparative law by discussing alternatives to the American approach to military crime and punishment. Finally, the course will explore the new military tribunals, reviewing the rules and guidelines, the infrastructure the military has created to manage them, public and scholarship reactions, and any available materials about actual prosecutions that are underway or have already taken place recently. |
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| Payment Systems |
LAW 427 3 Hours |
| This course examines the law of commercial payment systems. Articles 3 and 4 of the Uniform Commercial Code will be considered, as well as applicable federal law. Coverage includes the concept of negotiability, the liability of parties and the rights of holders of checks and notes. The law of bank deposits and collections, and the legal relationship between banks and their customers will be discussed. The law of credit cards and electronic funds transfer systems also will be considered. |
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| Poverty Law |
LAW 523 2 Hours |
| This course will examine the current reality of poverty in our society, as well as how the legal system has responded to the poor both through governmental programs and the civil and criminal justice system. This course will touch upon several areas of substantive law that affect the poor every day, such as housing law, the law regarding various governmental benefits, not-for-profit law, and landlord-tenant law. The course will also address issues regarding access to justice in both the criminal and civil arena. Last, it will address the evolution of legal services to the poor, as well as the role that lawyers for the poor should play in the future. No prerequisite. Numerically graded. |
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| Pretrial Advocacy |
LAW 563 2 Hours |
| This course is concerned with the planning and preparation of a case for trial including the preparation of a complete trial notebook. The focus is on the construction and execution of a theory of the case. In examining the execution of a theory of the case, students will be asked to participate in demonstrations of certain major components of a trial. Enrollment Limt 30. Seniors only. |
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| Real Estate Transactions |
LAW 540 3 Hours |
| A study of the basic elements of a real estate transaction, the methods of financing the purchase of residential property, priority of claims at common law and under the recording system and other methods of title assurance, transfers of interests in encumbered real property, and mortgage foreclosures, concluding with a study of the elements of a commercial real estate transaction. |
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| Securities Regulation |
LAW 552 3 Hours |
| NOT taught fall 2009. This course covers both primary and secondary transactions involving securities. Included are materials addressing the definition of a security; public offerings; exempt transactions; insider transactions; tender offers for corporate control; and antifraud provisions. Business Associations is a pre-requisite/co-requisite. There will be a one-hour mid-term examination and a one-hour end-term examination in lieu of an examination during finals period. |
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| Taxation of Pass-Through Entities |
LAW 488 2 Hours |
| This course is an introduction to the taxation of pass-through entities, including partnerships, limited partnerships, limited liability companies and S corporations. Emphasis will be placed on problem solving. Seniors only. Income Tax is a prerequisite. (Formerly Partnership Tax) |
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| Therapeutic Jurisprudence |
LAW 398 3 Hours |
| The course covers the psychology of law and includes readings and discussions of the law as an open system affecting the emotional and psychological well-being of all who practice law, all who serve as judges, and all who have contact with the legal system, whether as a client, party, or witness. The course includes the areas of collaborative, preventive, and holistic law. It also incorporates therapeutic and psychological tenets and concepts as they apply to all aspects of the practice of law. |
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Spring Semester
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| Advanced Income Tax |
LAW 469 2 Hours |
| A more detailed study of areas which were touched upon, or not covered at all, in Income Tax, such as nonrecognition provisions, net operating losses, limitations on loss deductions (at-risk rules, passive activity losses, etc.), original issue discount, and advanced capital gains. Income Tax is a prerequisite. |
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| Antitrust |
LAW 403 3 Hours |
| A study of federal regulation of private economic activities and private economic power through the Sherman, Clayton, and Federal Trade Commission Acts, including discussion of relevant economic concepts. |
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| Civil Consequences Of Arrests & Convictions |
LAW 250 2 Hours |
| This course will examine the legal barriers that confront people with criminal records. Among the issues that will be considered are (1) the availability of arrest and conviction records; (2) the correction, supplementation, and purging of criminal records; (3) the availability of housing; (4) employment difficulties; and (5) effects on benefit programs. Each student will prepare a research paper on a current topic, chosen with the approval of the instructor, and will present the results of her or his research to the class. Grading will be based on the quality of the research paper, an oral presentation of that paper, and class participation. Numberically graded. |
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| Commercial Transactions |
LAW 428 3 Hours |
| This is a course on secured transactions and commercial lawyering. Emphasis will be on the creation, perfection, and maintenance of security interests under Article 9 of the Uniform Commercial Code. We will also address in depth issues of priority which result from the creation of security interests. |
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| Criminal Procedure: The Litigation Process |
LAW 670 3 Hours |
| This course focuses on the law governing the various steps in the process of litigating a criminal case, including pre-trial, trial, and post-trial phases. Topics include bail, prosecutorial discretion, preliminary hearings, grand jury review, the drafting of charges, discovery, plea negotiations, speedy trial, double jeopardy, pre-trial publicity, jury selection, joinder of charges and defendants, various aspects of trial procedure, and general prinicples of appellate review. The coverage of this course complements the course entitled "Criminal Procedure: Constitutional Dimensions," but neither course has a prerequisite. |
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| Decedents' Estates and Trusts |
LAW 441 3 Hours |
| A detailed study of the law of intestate succession, wills and trusts and of the interrelationships of these methods of transmission of property; the historical background of the modern will and the modern trust; probate and administration of estates; rights, duties and liabilities of executors, administrators and trustees, future interests, powers of appointment and the rule against perpetuities. Second-year students only in Spring Semester. |
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| Domestic Relations |
LAW 443 3 Hours |
| The course takes a comparative-law approach to the study of family law, especially divorce issues such as jurisdiction, property division, taxation, and child custody. The text is comprised of cases and statutes from Georgia and neighboring states as well as national cases and trends of note. |
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| International Business Transactions |
LAW 480 3 Hours |
| This course will examine selected legal issues associated with private business transactions across national boundaries, focusing on international sales agreements and financing, import/export restrictions, other forms of transnational business activity, and related risks. The course will explore relevant US laws and regulations, regional trade regimes such as those of NAFTA and the EU, and broader international agreements and institutions, including the WTO. The course will also address relevant comparative legal, business and cultural issues. Business Associations is a prerequisite. |
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| Law of Trusts |
LAW 253 2 Hours |
| The basic law of trusts, including creation and termination, the rights and interests of beneficiaries, the powers of trustees, and fiduciary responsibilities and problems of administration; resulting trusts and constructive trusts; charitable trusts; and powers of appointment. Pre-requisite/co-requites: Successful completion of The Law of Wills and Intestate Succession or concurrent enrollment in The Law of Wills and Intestate Succession. |
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| Patent Law & Litigation |
LAW 210 3 Hours |
| This course will provide an in-depth view of patent prosecution, an administrative process, and the subsequent litigation of issued patents. We will review the requirements of patentability, including utility, nonobviousness, and novelty, as well as the legal requirements regarding specifications and claims contained principally in section 112. We will also examine remedies for infringement. Constant focus will be paid to how complex issues of law, policy, and technology arise and are resolved during patent prosecution and litigation. No pre-requisite. Open to 6th semester students. |
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| Public Int Practicum I/Judicial Field Placement |
LAW 442 3-4 Hours |
| One section of Public Interest Practicum I each semester will be comprised of the students who are working for judges. These students will perform research and writing assignments for their judges and are expected to attend hearings, trials, and other proceedings. In addition to field work, the course meets for two hours per week in a classroom. The course includes readings, reflective journals, and class discussion, all of which are designed to help students learn from their fieldwork experience. Students must work in their field placement at least 86 hours for 3 hours of credit or at least 126 hours for 4 hours of credit. The hours are exclusive of class time and travel time. Students arrange a regular work schedule with their judges and submit weekly time sheets and reflective journal entries to their faculty supervisor. Enrollment is by application and permission of the faculty supervisor. Preference will be given to students who register for 4 credits. |
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| Remedies |
LAW 542 3 Hours |
| A survey of remedies available through the avenues of equity, restitution, and damages. Emphasis is accorded to the relationships among these areas, and to the difficulties involved in applying "established" rules to actual situations. |
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| Sexual Orientation and the Law |
LAW 397 2 Hours |
| The class will examine laws and regulations relating to sexual orientation and gender identity, and the effects of other laws on sexual minorities. We will focus on relevant constitutional law (e.g., equal protection, due process, and First Amendment rights) as well as family law, immigration law and other federal, state and local laws protecting, or discriminating against, sexual minorities. In the process, the course will examine how social mores and changes are reflected in legal development and vice versa. This course will also provide some practical guidance to future attorneys who may represent members of sexual minorities after graduation, by offering creative approaches to couples and individuals whose needs are not recognized under current legal paradigms. Although primarily a course on current U.S. law, we will also incorporate historical, comparative, international and scientific perspectives where appropriate. |
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| Summary Judgment Practice |
LAW 216 2 Hours |
| Designed for students with an interest in litigation, this course builds upon legal writing skills developed through the core curriculum. Working with documents from an actual court case, students will read pleadings and depositions to identify relevant issues of fact useful in analyzing a contract and/or tort dispute. Using the identified facts, and working as advocates, participants in the class will then draft a brief in support of a motion for summary judgment, a brief in opposition to the motion, and orally argue the motion. The goal of the course is to familiarize students with litigation practice while simultaneously enhancing written advocacy skills. The course will be numerically graded. Enrollment is limited to 14. 2Ls only. |
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Fall & Spring Semester
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| Advanced Legal Research |
LAW 643 2 Hours |
| The purpose of the course is to develop research skills in both print and electronic legal research resources. Through exercises and projects, which may include class presentations, students have the opportunity to select and use a wide range of legal and law-related resources. The course covers state and federal judicial, legislative and administrative materials as well as the use of finding tools, legal commentary, forms and trial preparation resources. Research strategies and efficient and cost-effective use of online legal research sources, including but not limited to Lexis and Westlaw, are emphasized. Enrollment limited to 15. Offered during Fall and Spring Semesters. Open to 3Ls only during fall semester; open to 2Ls only during spring semester. |
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| Advanced Writing Group |
LAW 661 1 Hours |
| Sections of this course consist of 5 students and meet one hour a week. Most weeks the group will respond to a piece of writing, sometimes a piece written by a group member and sometimes a piece written by a lawyer or other author. The group will read examples of good writing; read and edit examples of weak writing; work on selected topics of grammar and style; and study advanced writing techniques. The course is graded and carries one credit per semester. Enrollment is limited to students enrolled in the Legal Writing Certificate Program. |
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| Business Associations |
LAW 412 3 Hours |
| This course focuses on the law of agency, general partnerships and corporations with some attention to limited partnerships and limited liability companies. Coverage includes the choice of business form and the formation, management and dissolution of each of the principal business forms. Also introduced is federal securities law as it pertains to shareholder suffrage, proxy contests, hostile takeovers and secondary securities transactions. |
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| Independent Research & Writing |
LAW 474 1-3 Hours |
| With the approval of a full-time faculty member, a student may register for independent research and writing after completing the first year. An independent research and writing project is normally undertaken for two hours credit, but in appropriate cases the supervising faculty member may approve registration for one or three hours credit. A student may register for only one independent research and writing project per semester and no more than two projects will be approved for any student. Credit will be awarded, in the discretion of the supervising faculty member, on either a graded or pass/fail basis, upon the completion of a written product suitable for submission for publication. 1-3 Credit Hours |
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| Juvenile Court Practice & Procedure |
LAW 494 2 Hours |
| Delinquency, deprivation, status offenses, and dependency in Juvenile Court. History of Juvenile Court, evolution of children's rights, and trends in juvenile justice. Seminar format with special emphasis on practical aspects of litigation. Enrollment limited to 20. Open to 2L and 3L students in the fall--seniors only in the spring. S/U |
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| Law of Wills and Intestate Succession |
LAW 251 3 Hours |
| This course covers the basic concepts of the gratuitous transfer of wealth, including intestate succession; the general law of wills, including the formalities of execution, testamentary capacity, grounds for challenge, revocation, and revival; will substitutes, including gifts and joint tenancies; health care planning; miscellaneous issues concerning the administration of estates; and basic tax issues. |
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| Law Review |
LAW 513 0 Hours |
| Members of the Mercer Law Review staff and Editorial Board earn academic credit for each year served on the Review. Upon satisfactory completion of the writing, editing, and other work required for each category of Law Review membership, credit will be awarded in the Spring Semester by the faculty advisor upon recommendation of the Editor-in-Chief. Credit hours vary. |
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| Moot Court Competition |
LAW 520 3 Hours |
| All second-year students are eligible for membership on the Moot Court Board. Students are selected to membership each year based primarily on their performance in Legal Writing II. Board members, in both their second and third years, represent the Law School in various state, regional, and national moot court competitions. The Law School has been quite successful with its competition teams, having won at the state, regional and national levels. Students on competition teams receive invaluable training and experience. In addition, each member of a competition team receives three hours of pass/fail academic credit in the semester in which the competition takes place. |
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| Public Defender Criminal Defense Clinic |
LAW 548 3 Hours |
| Students will assist in the defense of felony cases under the joint supervision of staff attorneys at the Public Defenders' Office in Macon, Georgia and a professor responsible for the quality of the educational experience. The Clinic includes a classroom component as well as a requirement of team meetings with other students, individual conferences with the professor, and a written product from all students. Students will work primarily out of the Public Defenders' Office in downtown Macon. Students will be sworn in under the Third-Year Practice Act, and will be able to appear in court under the supervision of an attorney. Training will be provided by the staff attorneys in the local office, by attorneys in the Georgia Public Defenders Standards Council in Atlanta, and by professors at the law school. The Clinic will be offered in the fall and spring semesters, and will require an average of twelve hours of work per week for three hours of pass/fail credit each semester. Students will be expected to make a commitment to enroll for both the fall and spring semesters. Enrollment is limited to 10 third-year students. Permission of the professor is required to enroll. Students who are taking, or have taken, this clinic will not be eligible to enroll in the Death Penalty Clinic. The clinic will not count toward practicum limits, but students may not enroll in a practicum while enrolled in the clinic. S/U |
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| Public Interest Practicum |
LAW 634 3-4 Hours |
| This course is designed to offer students practical work experience in public service offices while providing faculty supervision and guided reflection. In addition to field work, the course meets for two hours per week in a classroom. The course includes readings, reflective journals, and class discussion, all of which are designed to help students learn from their fieldwork experience. Throughout the course, students explore fundamental questions of meaning and purpose in living a life of service in the law. Students work in an approved non-profit public interest or governmental office; faculty for the course maintain a list of approved placements, but students may petition for a placement to be added. Students must work in their field placement at least 86 hours for 3 hours of credit or at least 126 hours for 4 hours of credit. Students arrange a regular work schedule with their field supervisor and submit weekly time sheets and reflective journal entries to their faculty supervisor. Enrollment is by application and permission of the faculty supervisor. |
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| Public Interest Practicum II |
LAW 635 3 Hours |
| This course is open to students who have completed Public Interest Practicum. As in Public Interest Practicum, students must work in an approved non-profit public interest or governmental office; public interest faculty will maintain a list of approved placements, but students may petition for a placement to be added. Students must work at least 100 hours for 2 hours of credit or at least 140 hours for 3 hours of credit. Students must arrange a regular work schedule with their field supervisor and submit weekly time sheets and reflective journal entries to their faculty supervisor. Although there is not a weekly classroom component similar to that in Public Interest Practicum, students will attend regular meetings with the faculty supervisor. In addition, students are responsible for completing a research project in an area related to their work in the field placement. Enrollment is by application and permission of the faculty supervisor. Permission to enroll in Public Interest Practicum II will only be granted if the faculty supervisor is satisfied that the student will have significant learning opportunities in the field placement and in the research project beyond those available in Public Interest Practicum. Enrollment limit: 8. The course is graded S/U. |
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| The Habeas Project |
LAW 306 4 Hours |
| This is a clinical course, and it is the only effort in Georgia to provide pro bono representation in non-capital state post-conviction matters (in Georgia, there is no right to counsel beyond one direct appeal). The Project provides client-centered representation (each student will handle 1-2 cases per semester), and the cases selected by the faculty supervisor allow students to grapple with important questions of constitutional criminal law. Under close faculty supervision, students will meet their clients; research potential issues; prepare an appellate theory; and write and ultimately file a brief or petition. In addition to working on cases, Project students will draft sections of a Pro Se Habeas Corpus Manual; will respond to legal questions from Georgia prisoners; and, on occasion, will offer amici curiae briefs in important cases before the Georgia Supreme Court. Qualified third-year students may sign briefs. The Project includes all procedural and substantive training necessary; the only pre-requisites are Criminal Law and Constitutional Law. Enrollment limit: 8. Enrollment is by application and permission of the faculty supervisor. Graded. May be taken up to two times. This course satisfies the drafting requirement for the writing certificate and will satsify the Advanced Skills requirement when taken in the sixth semester. |
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| Torts II |
LAW 560 3 Hours |
| This course addresses selected topics in the law of civil liability that are not covered in depth in the first-year Torts course. Torts II addresses products liability, defamation, nuisance, damages, and business torts (including fraud, misrepresentation and interference with contractual relationships), and includes common defenses and immunities. |
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| Trial Practice |
LAW 564 3 Hours |
| The course is designed to develop trial skills through the preparation and role-playing of various trial tasks using simulated cases and simulated trial situations. Each performing student is given an intensive critique of the performance and reviews a tape of his or her performance with a member of the faculty. After ten weeks of preparation on specific trial tasks, the students participate in a mock trial before a trial judge. Fall and Spring Semesters: four sections in fall and two in spring--taught by Professors Dantzler, Peterman, and Guichard in the fall and Professors Fleissner and Peterman in the spring. Seniors Only. Enrollment limited to 20 per section. S/U (Pass/Fail) |
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| Summer Externship |
LAW 602 2-3 Hours |
| Students work in an approved public interest or governmental law office under the supervision of a practicing attorney and the general supervision of a faculty member. In addition to the work in the public interest law office, students are required to participate in two two-hour class sessions: the first takes place at the end of the Spring semester and prepares students for their field placement experience; the second takes place at the beginning of the Fall semester and gives students the opportunity to reflect on the experiences together. Students also participate in a web-based, faculty-led guided discussion board concerning issues common to all field placements. Students also turn in regular reflective journals and weekly timesheets to the faculty supervisor. Students must work at least 120 hours for 2 hours of credit or at least 180 hours for 3 hours of credit. Students may not earn more than 3 credit hours in one summer, but the course may be repeated for credit one time, for a maximum total credit over two summers of six hours. Enrollment is by application and permission of the faculty member in charge of the course. The public interest faculty will maintain a list of approved placements, but students may petition for a placement to be added. The course is graded S/U. |
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