Prerequisites: RCC. This course is a survey of federal and state cases, statutes, and regulations affecting the care, personal well-being, and estates of America's elderly population. Particular attention is paid to federal and state rules covering eligibility for Medicaid assistance to the elderly and the interpretation of Medicaid estate recovery regulations. Standard contracts for assisted living, elderly day care, in-home nursing care, nursing home care, and pre-paid funeral and burial trusts will be reviewed.
LAW 640(3 Credit Hours)
LAW 727(3 Credit Hours)
Prerequisites: RCC*. This course explores regulation of the political process and voting rights, at both the federal and state levels. We consider constitutional and statutory law constraining who is qualified to vote; election administrative procedures (including specified voting technologies and days for voting, voter IDs and registration requirements); reapportionment and redistricting of legislative districts under the Equal Protection Clause (one person, one vote and political gerrymandering in particular); political parties' legal roles in the electoral system; campaign finance regulation; and the Voting Rights Act. We will devote significant attention to Ohio's election law and election administrative difficulties that resulted in a successful constitutional challenge to Ohio's election system. We will also consider remedies for "defective" elections with Bush v. Gore a prime focus. Course requirements include an experiential learning component of a wide range of possibilities. Satisfies the Administrative Law Requirement.
LAW 685(2 or 3 Credit Hours)
Prerequisites: RCC*. Pension and benefit funds are currently the largest single source of capital in the nation (over $3 trillion). Their collection, administration, distribution, and other key aspects are regulated in private sector employers by the federal Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides complex tax and other incentives to businesses to create and administer pension and benefit funds. The course focuses primarily on ERISA and its impact on a host of employment and business-related problems, including collective bargaining, tax planning, multi-employer bargaining arrangements, mergers, acquisitions, leveraged buyouts, plant closings, layoff, bankruptcies, divorce and probate, preemption of state law, fiduciary relations, and fiscal policy.
LAW 639(3 Credit Hours)
Prerequisites: RCC*. This course affords students an opportunity to delve deeply into the problems and legal solutions to employment discrimination, one of the most publicly contested areas of the law. While its primary focus is Title VII, which forbids discrimination on the basis of race, sex, religion, and national origin, the course also examines the more recently enacted remedial statutes, particularly those proscribing age and disability discrimination. The course also explores sexual orientation discrimination, constitutional protections, 42 USC sections 1981 and 1983, and the Equal Pay Act. Students will master the substantive law of discrimination, the special procedural requirements for administrative claims, and the array of remedies available to aggrieved parties, including affirmative action. This course is a foundation requirement for the Employment and Labor Law Concentration. It is recommended that students planning to take the Employment Law Clinic take either this course or Employment Law, LAW 684, prior to or in conjunction with the Clinic. Beginning Fall 2010, the course no longer satisfies the administrative law requirement.
LAW 684AR(3 Credit Hours)
Prerequisites: RCC*. This course functions as an introduction to Employment and Labor law. It primarily focuses on the law governing the non-unionized workforce. Three broad areas of inquiry constitute its subject matter. First, we study the newly developing law often referred to as common law wrongful discharge, by which an employee can assert claims of unlawful termination of employment because the employer violated fundamental public policy, contractual provisions, duties imposed by tort law (which can result in defamation, intentional infliction, invasion of privacy, and fraud cases) or the covenant of good faith and fair dealing. Second, we examine the duties the law imposes on employees that run to the benefit of the employer, including non-competition and the duty of loyalty. Third, we study the law of compensation and benefits, focusing on two pivotal federal states that govern the workplace – the Fair Labor Standards Act (which includes minimum wage regulation) and the Family and Medical Leave Act – as well as the federal pension and benefits law (ERISA) and the law of unemployment insurance. Finally, we will study issues surrounding workplace safety and workers’ compensation. Discrimination law is generally not covered in this course, as it is the sole subject of Employment Discrimination Law, LAW 639. It is recommended that students planning to take the Employment Law Clinic take either this course or Employment Discrimination Law, LAW 639, prior to or in conjunction with the Clinic. Satisfies the administrative law requirement.
LAW 802(2-5 Credit Hours)
Prerequisites: RCC*; approval of the Clinic faculty; Employment Discrimination Law (LAW 639) or Employment Law (LAW 684) recommended (may be taken concurrently). Students, supervised by Clinic faculty, provide representation to real clients with employment cases in federal sand state courts and administrative agencies. Students participate at all stages of representation from client interviewing through settlement, trial and appeal. A weekly seminar is devoted to in-depth discussion of the cases (including case evaluation, strategy, legal, factual and ethical issues); and instruction in litigation and lawyering skills, using assigned readings, written assignments and simulations. Through both casework and the seminars, students learn such representation skills as: interviewing clients and witnesses, investigating facts, counseling, drafting pleadings, planning and conducting discovery, negotiation, motion practice, brief writing and oral argument. Normally, students enroll over the course of two semesters, registering for 3-5 credit hours each semester. With permission of Clinic faculty, may be taken for a third semester for additional credit hours. Satisfies project and/or advanced course requirement of Employment and Labor Law Concentration. Satisfies skills course requirement.
LAW 636(2 or 3 Credit Hours)
Prerequisites: RCC*. Entertainment Law surveys the issues affecting performers, practitioners, and producers in the music, motion picture, television, theatre, print, and multimedia industries. Special attention will be given to those areas most predominant in the Cleveland metropolitan area. Issues such as copyright, licensing, contract, compensation, and impact of unions on the industry will be addressed.
LAW 808(2-4 Credit Hours)
Prerequisites: RCC*; Environmental Law (LAW 671); permission of the instructor. The Clinic provides students with the opportunity to learn environmental law through practical experience including litigation support as well as participating in drafting legislation and reports on environmental needs and solutions in the greater Cleveland area and the midwest. Students provide legal support on environmental issues to citizens, environmental organizations, legislators and government officials. This includes investigation, counseling, research, drafting of legal documents, reviewing and drafting legislation, and negotiating. The Clinic is normally elected for four (4) credit hours but may, with permission of the instructor, be taken for 2 or 3 credits. Satisfies skills course requirement.
LAW 671(3 Credit Hours)
Prerequisites: RCC*. This course will address both the substantive and procedural aspects of environmental law and regulation. It will include discussion of the common law grounding of environmental law, as well as analysis of several federal environmental laws, and their state counterparts. It will address the interactions of federal, state, and local law and regulation as they pertain to environmental compliance and enforcement , and will attempt to apply those laws in a practical way to case studies. Coverage may include aspects of the National Environmental Policy Act, the Clean Air Act, the Federal Water Pollution Control Act, the Resources Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, and other pertinent federal, state, and local laws. Satisfies administrative law requirement.
LAW 711(2 or 3 Credit Hours)
Prerequisites: RCC*; Environmental Law (LAW 671). The Environmental Law Seminar presents an opportunity to study current issues in environmental law in a directed manner. The seminar topic will vary according to current events. In a given semester, for example, it may cover “toxic torts,” “climate change” or “international environmental law.” Interested students should consult the New and Revised Courses information for the semester in which the course is offered for information on the focus of the course in that semester. Offered infrequently.
LAW 609(4 Credit Hours)
Prerequisites: RCC*. This course will include analysis and discussion of the law of wills, testate and intestate succession, testamentary capacity; the execution, revocation, and republication of wills; construction of wills, lapsed legacies, ademption and satisfaction of bequests; incorporation by reference and independent legal significance. Other topics include planning and creation of a trust; obligations of trustee to beneficiaries and third persons; rights and remedies of beneficiaries; resulting and constructive trusts; termination and modification of trusts; and problems in the administration of trusts, charitable trusts and cy pres.
LAW 661(4 Credit Hours)
Prerequisites: RCC*. This course introduces students to the rules that determine what information can be introduced by lawyers in trials. It is based on the Federal Rules of Evidence. The course covers basic evidentiary issues including relevance and prejudice, hearsay and hearsay exceptions, character evidence, and privileges. Other matters covered may include inferences, burden of proof, judicial notice, and expert testimony. Required for graduation.