Prerequisites: RCC*. Origin, social background, and constitutional foundations of the immigration and naturalization laws; the concept and nature of citizenship and limits to the state’s right to discriminate between citizens and aliens; rights and liabilities of aliens; variations of alien status; criteria for entry, exclusion, deportation, naturalization; adjustment of status and other discretionary relief; administrative procedure, judicial review, and other recurring problems in the representation of aliens. Satisfies administrative law requirement.
LAW 734(2 or 3 Credit Hours)
LAW 805(Fall or Spring: 4 Credit Hours (16 hours/week) or 6 Credit Hours (24 hours/ week); Summer: 3 Credit Hours (24 hours/week) or 5 Credit Hours (40 hours))
Prerequisites: RCC; completion of 29 semester hours; cumulative GPA of 2.50 or better; permission of Externship Committee and permission of the Academic Dean. The Independent Externship allows a student to propose externing in an office where we previously have not had an externship. The student is responsible for the following: (1) finding a placement in a government, public interest, nonprofit or for-profit legal environment (but not a law firm engaged in the private practice of law). Generally, students are not permitted to arrange an externship with a judge with whom we do not have an existing relationship. There have been some exceptions made for this rule, for instance where a student wants to extern with a judge outside the greater Northeastern Ohio area; (2) arranging for an attorney at the site to supervise directly his or her work; and (3) submitting a written proposal for the externship to the Associate Dean for Academic Affairs. The decision as to whether a proposed placement meets the goals, objectives and requirements of a Cleveland-Marshall externship shall be within the discretion of the Associate Dean for Academic Affairs. Applications consist of a proposal conforming to the Independent Externship Proposal Guide and must be submitted 30 days prior to the initial registration date for the term in which the student wishes to enroll for the externship. The Independent Externship Proposal Guide is available online at: https://www.law.csuohio.edu/sites/default/files/currentstudents/independentexternshipproposalguide.pdf
Satisfies skills and experiential skills course requirements.
LAW 860(1, 2 or 3 Credit Hours)
Prerequisites: RCC*; approval of Academic Dean. Independent study in a specialized area of the law, under the supervision of a faculty member; may be taken for 1, 2 or 3 credit hours, depending upon the nature of the research study involved, but in no event will more than three credit hours be applied toward the J.D. or LL.M. degree. Approval to register given upon a showing that a legitimate independent research study project has been approved by a faculty member, that the faculty member believes the amount of study time and effort likely to be involved in the project is commensurate with the number of contemplated credit hours, and that the faculty member will provide adequate supervision during the course of the project to justify the award of academic credit. It is the responsibility of any student seeking to enroll in Independent Legal Research to submit a written statement, signed by the supervising faculty member, indicating compliance with the criteria set forth above. Completion of an appropriate 2 or 3 credit hour project will satisfy the Upper Level Writing requirement. Faculty may exercise the discretion to award credit but to withhold upper level writing certification for a project.
LAW 804(1 Credit Hours)
Prerequisites: RCC*; Advanced Brief Writing (LAW 615); permission of the Dean and the Faculty Advisor to Moot Court. Credit for participation in interscholastic moot court competition outside of the College's Moot Court Program. May be elected a maximum of two times. Graded Pass/Fail.
LAW 797(3 Credit Hours)
Prerequisites: RCC*; Copyright, Patent & Trademark Law, L658, or permission of the instructor. This class will examine proprietary rights in information technology (i.e., computer hardware and software, databases, multimedia, networks, the Internet, etc.) and related content. An introductory course in intellectual property is encouraged, absent which students should demonstrate other appropriate background in the subject area (e.g., meaningful IT-related educational or vocational experience).
Substantive topics to be covered will include treatment of proprietary rights in Information Technology and related content through various forms of intellectual property law (trade secret, patent, copyright, trademark and trade dress) and newly-evolving issues presented by Information Technology (e.g., linking, framing, cybersquatting); growth of e-commerce and other Internet activities and the evolution of governing legal regimes; and liability, jurisdiction and sovereignty in cyberspace.
Students will be expected to do substantial reading and some independent research in order to contribute to class discussion and complete assignments. At the Instructor’s discretion, there may be an option to complete a research and writing project in lieu of a final exam. Offered infrequently.
LAW 538(3 Credit Hours)
This Innovation Law seminar allows students to explore topics at the intersection of law and innovation. For example, what are the optimal policy ingredients, laws, and business strategies for managing innovation? We will examine policies and disputes over the control of ideas and intellectual property; mobility of skilled employees; regulations such as advertising of new products; ethical issues at the edge of innovation, such as privacy and IP in medical technology, artificial intelligence, and technology programmed for addiction; and transactions in innovation such as venture finance, non-competes, IP licensing, and cross-business partnerships. The course will begin with fundamental readings and exploring themes as students develop their topics for papers, continue with guests speakers and discussion of newsworthy issues in innovation law, and finish with student presentations. The course satisfies the upper level writing requirement.
LAW 613(3 Credit Hours)
Prerequisites: RCC*. A study of the principles of insurable interest, indemnity, subrogation; interests of third parties, beneficiaries, and assignees; the insuring agreement, exclusions, and conditions; warranties, representations, and concealment; making and terminating the insurance contract; waiver, estoppel, and election by the insurer; agents and brokers; the adjustment of claims; practical exercises in reading and interpreting policy language.
LAW 758(2 or 3 Credit Hours)
Prerequisites: RCC*; Copyright, Patent, and Trademark Law (LAW 658). This course explores emerging issues in the area of intellectual property that result from, as well as in, social and political changes Selected topics, including the economic basis for selected areas of IP, the role of Congress, the courts and private parties in the evolution of IP, federal preemption of state laws, constitutional limits, and the role of international law, will help illustrate changes driven by, and sometimes resulting in, new technology and globalization. Students will be called upon to consider solutions to problems that have arisen as a result of new technologies and to discuss various policy initiatives being pursued by Congress, the international community, and trade associations to address such problems. Students will be required to complete and defend a modest paper on a subject selected from the topics to be covered by the class. Grading will be based equal upon the quality of each student’s paper, its presentation, and class discussion and criticism of others’ papers. The course will generally not satisfy the upper level writing requirement but the professor may approve it as such on a case by case basis.
LAW 650(3 Credit Hours)
Prerequisites: RCC*; Copyright, Patent & Trademark Law (LAW 658). This course is an advanced study of so-called “intellectual property,” at the international level. It starts with a survey of issues that are quite important at the international level but which are not always addressed in introductory or survey-level so-called IP courses. The course then reviews the basic theories and problems of so-called intellectual property, such as the continuing debate between utilitarian and natural law justifications for these regimes. From there, the course proceeds to the various international agreements which address these issues and which, consequentially, derive explicitly or implicitly from the justificatory theories. These agreements include the Paris Convention, the Berne Convention, the EEC Treaty, the Universal Copyright Convention, the Patent Cooperation Treaty, the EC Harmonization Directive, NAFTA, TRIPS, the Madrid (Trademark) Protocol, and the Trademark Registration Treaty. The rest of the course is devoted to examining the most significant portions of those international agreements as well as a study of their economic bases and consequences. Finally, the course will examine how these arrangements affect the present and future distribution of resources between the developed and undeveloped countries in light of the justificatory theories.
LAW 688(3 Credit Hours)
Prerequisites: RCC* This course provides students with a broad overview of the various legal issues that arise in the context of international business transactions. The course begins with an introduction to the basic nature of international law. Classes are then dedicated to international arbitration, the extraterritorial application of U.S. laws and regulations, anti-bribery laws, export controls, payment methods, and issues in commercial law. The class then turns its focus to specific types of transactions, including direct sales, sales agents, distributorships, licensing of intellectual property, joint ventures, and mergers and acquisitions of existing foreign firms. Finally, the course examines some basic issues in international trade in the context of the WTO and NAFTA.
LAW 553(3 Credit Hours)
Prerequisites: RCC*. This course focuses on the force of international law today, particularly as applied by international tribunals and the courts of the United States and other nations; law of the sea, jurisdiction recognition, breach of U.S. antitrust laws, international agreements, expropriation and compensation. Satisfies the perspective elective requirement.
LAW 760(3 Credit Hours)
Prerequisites: RCC*; International Law (LAW 627). The course will attempt to define what is meant by the term "human rights" and the relationship of this concept to the idea of natural law and natural law and natural rights. The functions of international will be studied briefly; the role of the individual in international law will be discussed and evaluated in light of the growth of the human rights movement. U.S. policy toward human rights problems will also be examined.
LAW 717(3 Credit Hours)
Prerequisites: RCC*. In this course students will study and work on issues that international courts are confronting in creating and operating war crimes tribunals. Students will research and write legal memoranda for officers in tribunals such as the Special Court for Sierra Leone, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda. Satisfies upper level writing requirement.
LAW 724(1 or 2 Credit Hours)
This course will explore the mission and authorities of the U.S. Department of Homeland Security and other federal, state, and local government agencies responsible for defending the United States from natural disasters and manmade threats. Students will learn about the organization and function of the U.S. Department of Homeland Security, statutory and regulatory authorities pertaining to border security, law enforcement, immigration, and cybersecurity, and the interagency, inter-government, and public-private partnerships that enable homeland security partnerships. This course will also examine the doctrinal foundations of Homeland Security law, public policy and oversight issues, and the privacy and civil liberties impacts on homeland security operations.
LAW 892(2 Credit Hours)
This course covers the basic structure and function of U.S. legal institutions, the interaction of state and federal law in the American system of federalism, common law and case analysis, the American criminal and civil justice systems, trial by jury, and the American legal profession. The goal of the course is to provide entering students in the MLS program and entering foreign-educated LL.M. students with a general introduction to American law and the U.S. legal system so that they will be better able to perform adequately in the courses they take at the beginning of their respective degree programs. Not open to J.D. candidates.