Curriculum & Course Descriptions

Second/Third Year Students

Academic Legal Writing
2 cr. - Professor A. McArdle
(Faculty Permission Required)
Scholarly legal writing produces new knowledge and insights about a legal issue and contributes to a larger body of ideas and discussion. It promotes intellectual engagement with a legal topic, contributes to the development of analytic rigor, and offers an outlet for one's creativity as a legal thinker. This two-credit course provides structured assistance to students for producing a 35-40-page publishable law review note or comment that is approved for credit by the instructor. Although each student is expected to work independently, we will meet regularly as a seminar to help develop students' projects. The seminar will address such topics as claiming a scholarly voice, identifying and developing a thesis, choosing and evaluating sources, engaging with the work of other scholars, assessing the relationship between text and footnotes, and choosing where to publish. The seminar members will meet in small-group workshops in the second half of the semester; participants in workshop sessions will provide oral and written feedback to colleagues. To enroll in the course, students need not be members of the CUNY Law Review but must enter the course with a substantial draft that they will continue to develop during the semester. This course is graded Credit/Fail, and enrollment is limited to 10.

Advanced Clinical Course
1 or 2 cr. (Varied)
This Spring course is open only to students who successfully complete a Fall clinic. Enrollment is with prior approval of the respective clinic faculty member and the Dean of Clinics, and is limited to students with significant, ongoing client, case, or project-related responsibilities.

Advanced Evidence
3 cr. - Professor J. Cicero
Evidence doctrine lies at the heart of the study and practice of law. Knowledge of the rules is fundamental to successful trial work and lawyering generally, including the informal disposition of cases through alternative dispute resolution mechanisms. This course allows you to reinforce your understanding of doctrine covered in Evidence (for example, the state of mind, business/public records hearsay exceptions, hearsay within hearsay, and the character evidence rules), and goes on to examine several additional doctrinal areas including the confrontation clause, the residual hearsay exception, opinions and expert testimony, the use of scientific evidence, "rape shield" and related rules, and privileges. Students will be evaluated on the basis of a lawyering exercise and take-home final examination.

Business Associations
3 cr. - 2 Sections
(A) Professor D. Zalesne
(B) Professor M. Macchiarola
Corporations, both large and small, are the major structures through which business is carried out in the United States today. The influence of business corporations on politics, on the environment, and on the health of communities is immeasurable. This course is designed to provide students with a basic understanding of the structure, rights, and responsibilities of the American corporation. While the course looks primarily at small business corporations, some attention is paid to large corporations, and to charitable, religious, and other uses of the corporate form. The course covers only briefly sole proprietorships, partnerships, and other non-corporate forms of doing business. The major focus will be on shareholder rights and duties, on the duties and responsibilities of corporate directors and officers, and on the capital structure of the corporation. Students will learn to apply statutory and case law to problems concerning the formation, development, and structuring of a typical small corporation. This is an elective that is highly recommended as preparation for the bar exam.

Contemplative Practice: An Exploration of Mindfulness and Social Justice Lawyering
1 cr. - Professor V. Goode
This course is designed to introduce students to the growing movement of contemplative practice and to explore its application to those who use the law for social justice. "Contemplative practice" encompasses a variety of traditions and practices that quiet the mind and draw ones consciousness inward, in order to gain insight and the ability to deal with the unique obstacles that one faces in a social justice practice. This course will focus on meditation as a form of contemplative practice and as an essential lawyering skill, directly linked to some of the more traditional skills as outlined in the MacCrate Report. The course will also draw on a variety of readings that specifically link contemplative techniques to the study and practice of law. These may include techniques designed to enhance memory, concentration, and the ability to focus as measured by the Toronto Mindfulness Scale, developed by Lau, Bishop, Segal et. al, from "The Toronto Mindfulness scale: Development and Validation", Journal of Clinical Psychology, Vol. 62(12), 1445-1467.

Criminal Procedure
3 cr. - Prof. J. Kirchmeier
This course explores the constitutionality of various investigatory techniques used by law enforcement agencies to acquire evidence, and it includes discussion of the effectiveness and propriety of such techniques in a democratic society. The Supreme Court decisions featured in the course address important rights protected by the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution. Subjects include the exclusionary rule as a means of enforcing the ban on unreasonable searches and seizures, search warrants, searches without warrants, surreptitious and electronic eavesdropping, the poisonous fruit doctrine, arrests, police interrogation, Miranda warnings, and eyewitness identification procedures. Course requirements: Examinations are the basis for the final grade. This is an elective that is highly recommended as preparation for the bar exam.

Environmental Law
2 cr. - Professor R. Bratspies
This seminar introduces students to the basic concepts and principles of environmental law. We will study the major federal environmental statutes, and will examine the roles that state and local governments, as well as non-governmental actors play in environmental protection. Themes such as environmental justice, scientific uncertainty, and globalization will be explored throughout the course. We will examine how activists have attempted to bridge these distinct legal discourses in the context of advocacy and social movements.

Federal Courts
3 cr. - Professor F. Deale
This class examines the federal judiciary, with particular emphasis on the Supreme Court, to determine how the federal system has been used to resolve political, social and economic conflicts. We will look at the original and appellate jurisdiction of the Supreme Court, the control that Congress exercises over the lower federal courts through jurisdiction-stripping legislation and Congressional power to create Article I "legislative courts." We will also examine the conflicts of power between state and federal courts as manifested by civil rights removal, federal injunctions against state court proceedings and federal habeas corpus. In addition, we will look at some of the issues surrounding federal suits against governmental abuses of rights and the restraints imposed upon the litigants in such suits by the Constitution, by legislation and by self-imposed judicial doctrine. Although the class is heavy on case analysis and discussion, we will also discuss litigating techniques and strategies for lawyering that are designed to assure that the federal courts remain vehicles for obtaining justice. There will be a mid-term and a final.

First Amendment
3 cr. - Professor R. Robson
This course will consider the historical, theoretical, doctrinal, and practical contours of the First Amendment's "free speech" clause, free association clause, free press clause, and the religion clauses. The course stresses current controversies in First Amendment doctrine and theory and includes comparative constitutional perspectives.

Free speech issues addressed will include political speech, commercial speech, obscenity and pornography, hate speech, money as speech, unconstitutional conditions, and the regulation of forums. Free association issues include questions regarding discrimination by the government against members of certain groups such as The Communist Party, as well as discrimination by private groups against others based upon race, gender, or sexuality. Freedom of the press issues include personal privacy, discrimination against the press, and expanding definitions of the press to include the Internet.

The religion clauses issues begin with interrogations of the meaning of "religion." The Establishment Clause issues include prayer or other religious observance in government and public schools, religious monuments on public land, and religious foundations for specific laws. The Free Exercise Clause issues include specific religious practices (polygamy, peyote), accommodation of religious belief and practices, as well as religious objections to laws promoting equality or liberty.

Enrollment is limited to 30 students, no more than 15 of whom can pursue the directed writing opportunity which will require a 25-page paper on an approved topic of the student's choosing. Students not pursuing the directed writing opportunity shall complete a take-home exam. There is a substantial class participation component.

Immigration and Citizenship Law
3 cr. - Professor J. Calvo
This course is designed to give students an overview of immigration and citizenship and provide some selected insight into the practical aspects of immigration law practice. The course will also selectively explore some of the underlying race, ethnicity, gender and sexual orientation issues in immigration and citizenship laws. It will cover the following topics: Immigration and Citizenship Overview, Citizenship by Birth and Naturalization, Dual Nationality, Family Based Immigration, Employment Based Immigration, Refugees/Asylees, the Process of Becoming a Permanent Resident, Deferred Action for Childhood Arrivals, Cases that address state attempts to regulate non-citizens, the Constitutional Basis of Immigration Regulation and an Overview of Exclusion and Deportation. One focus of the course will be working with statutory and regulatory schemes, and students will be required to become familiar with the Immigration and Nationality Act and regulations interpreting the statute.

Evaluation in this course will be based on a final take-home examination, a take-home midterm essay and class participation. Students can choose a midterm that involves volunteering to assist Deferred Action for Childhood Arrivals and writing an essay about that experience, or an essay on an immigration or citizenship related topic.

This course is recommended, but not required, for second year students who are considering the Immigrant and Refugee Rights Clinic. It includes some classes in which students from the clinic describe the cases on which they have worked, related to the course topics.

Independent Study
1, 2, or 3 crs.
(Faculty Permission Required)
To meet the credit requirements for graduation a student, with the permission of the Academic Dean, may take up to 3 credit hours of independent, faculty-supervised study. (A student may take fewer than 3 credit-hours of independent study at a time and may do so more than once, as long as the total number of independent study credit hours during the student's tenure at the Law School is not more than 3 or meets the requirements outlined below.) A student may also register for more than 3 credits of Independent Study if the credits are not used to meet the credit requirements for graduation.

In exceptional circumstances, the student may, with the permission of the Academic Dean, register for up to 3 additional hours of Independent Study credits to meet the credit requirements for graduation.  Exceptional circumstances exist when the student has made satisfactory progress in the curriculum, taking advantage of the recommended elective course offerings, and when additional Independent Study credits will enhance the student's education.

A judicial clerkship, internship, or a law office clerkship does not satisfy the requirements of an Independent Study. However, these experiences may form the basis of further research for an independent study project. This research and writing must be done under direct faculty supervision in order to gain Independent Study credit.

Procedure for Registration for Independent Study:

1. Student obtains an Independent Study Form
2. Student identifies faculty member willing to supervise the student's work
3. The student and teacher fill out the sections on the form
4. The student obtains the signature of the Academic Dean.

Note: Students must complete the registration process for this course during the regular registration and add/drop periods for the semester during which they hope to obtain credit for the course.

Internet and the Law
2 cr. - Professor K. Chan
This course will provide practical and understandable information on the current state of the law as it relates to all aspects of transacting business via the Internet. The student will be able to recognize and deal with the legal issues faced by clients and practitioners' online activities, such as e-mail communications, electronic publishing, online advertising and the online sale of goods and services. Emphasis will be placed on the general legal principles as they have evolved to date. Current issues to be discussed include privacy, child pornography, the Digital Millennium Copyright Act, domain name, cyber-squatting, various hyperlink problems, jurisdiction, electronic signature and FRCP on electronic discovery.

Mastery and Application of Core Legal Doctrine (3L's only)
4 cr. - Professors J. Pieper & T. Pieper & D. Pieper
This course is designed to provide students with a review of core bar exam subjects and to develop the skills necessary for increased success on the bar exam. The substantive subjects covered may includeContracts, Corporations, Criminal Law, Criminal Procedure, Real Property, UCC Sales and Wills. Working with these subjects, students will hone skills required to identify legal issues, analyze and write bar exam essays and Multistate performance tests, and answer Multistate multiple-choice questions. While the course is taught with the New York State Bar Examination as the primary target, candidates preparing for another jurisdiction's bar exam will benefit from the core material covered and the skill sets developed, as much of the material and skill sets are transferable to bar exams outside New York, especially to those in the 53 jurisdictions employing the Multistate Bar Examination or Multistate Performance Test.This is an elective that is highly recommended as preparation for the bar exam.

Moot Court
2 cr. - Professor J. Kirchmeier
(Faculty Permission Required)
This two-credit course features structured assistance to students who wish to improve their advocacy skills through participation in a moot court competition. The course requirements include the completion of an appellate brief and oral argument of professional quality prepared for an external competition or the equivalent thereof. While students will meet regularly as a group and individually with the instructor, each student is expected to work independently toward completion of the course requirements, including participation in oral argument practices. Before registering for a competition and for credit, students must have successfully completed the CUNY Moot Court training program and competition to earn membership in Moot Court. Students must obtain permission from the Moot Court faculty advisor before enrolling in this course. This course is graded Credit/Fail.

New York Practice
4 cr. - Professor L. Gentile
Litigation in the New York State court system is complicated, challenging, and sometimes frustrating. Successful resolution requires facility with New York State's code of civil procedure known as the Civil Practice Law and Rules (CPLR). This course is intended to provide a broad knowledge and understanding of the Laws and Rules of the CPLR and provide practical skills in the strategic use of procedure to achieve victory in court. In recognition of the importance of this area, New York Practice is the most heavily tested subject on the New York portion of the New York State Bar Exam. In this class you will learn the rules of New York State Supreme Court procedure, and you will learn how to use those rules strategically to enhance your position in litigation and how to fend off your adversary's procedural aggressiveness.

The sequence of this course approximates the path of a civil case, providing the law a litigator needs to make strategic litigation decisions, including determining which court to bring suit, obtaining jurisdiction, making proper service, engaging in motion practice, obtaining discovery, resolving the litigation, taking appeal, and enforcing judgments.

Along the way, you will learn how to determine which court has subject matter jurisdiction over a case and how to obtain personal jurisdiction over a corporation or a natural person. We will explore the structure of litigation, including the pleadings and bills of particulars. You will learn how to commence the action in the proper venue, how to properly serve the defendant, and how to obtain a default judgment. You will learn how to advance your litigation strategy in motion practice, how to bring in new parties to the action through doctrines of joinder, impleader, interpleader, intervention, subrogation, contribution and indemnification; how to make your case by obtaining evidence through disclosure; how to timely file your action within the requirements of Notice of Claim and Statutes of Limitation, and will learn whether any tolls of the Statutes of Limitations apply. You will learn how to obtain relief before you start the action through provisional remedies, including injunctions, seizure and lis pendens. You will learn how to enter judgment, how to vacate judgments and defaults, what to do after you win by use of enforcement of judgment procedures, how to timely and properly file a notice of appeal, how to bring on actions that challenge unlawful government acts through the Article 78 Action Special Proceeding and other forms of Special Proceeding. You will learn the basics of class actions and arbitration.

Course requirements include 5 quizzes, 2 cumulative tests, research and writing a state court motion, arguing that motion, and visiting a New York State Supreme Court motion calendar in Manhattan (one weekday morning) to observe motion argument. This is an elective that is highly recommended as preparation for the bar exam.

Professional Responsibility
2 cr. - Professor F. Siegel
This class will explore the requirements and the limitations of the ethical practice of law. While not an MPRE course, it will provide an overview of the Model Rules of Professional Conduct but will emphasize concepts of professionalism, professional judgment, and some of the tensions inherent in social justice lawyering. The goal of the course is to allow students to discuss the ethical complexities that exist in practice, especially when representing clients who may be marginalized by our society or when engaging in social change litigation. Students will be expected to research and lead a class on an aspect of professional conduct, actively participate in classroom discussions, and complete a take home exam.

Real Estate Transactions
3 cr. - Professor R. Storrow
(Pre-requisite: successful completion of Property)*
This is a course on the substantive law of real estate transactions and the role of the real estate market in bringing about the current global economic crisis. The key emphasis of the course will be on the law relating to four critically important real estate documents: (1) the contract of sale, (2) the deed, (3) the mortgage, and (4) the real estate listing agreement. Issues regarding title examinations and insurance will be discussed in conjunction with real estate closings. Course material will include examination of consumers' rights in real estate matters, of financing problems and techniques, and of problems and techniques of dealing with default by various parties to the transaction. Class participation is required, and the course grade is based on a midterm and final exam. This is an elective that is highly recommended as preparation for the bar exam. *3rd-year students concurrently enrolled in Property may enroll with permission of the Academic Dean.

Teaching Assistant
1, 2, or 3 cr.
(Faculty Permission Required)
A student may TA for any required course, except Clinics or Concentrations. No student may enroll in more than 3 credits of TA, except students who are TAs for both semesters for LME I and LME II who may earn up to 2 credits for LME I TA and up to 2 credits for LME II TA. To earn credit as a TA, all students must attend a 3-hour peer learning/teaching orientation session to be offered during the second week of the semester. All TAs must meet at least one hour per week with the course teacher. All TAs must have at least one contact hour per credit per week with students. To earn credit, each TA must submit at least one written work product. Examples of such work product include a journal, teaching observations, lesson plans, periodic submissions, and an independent research paper. Regarding grading in any course that utilizes TA's, grading remains the responsibility of the course teacher. TAs may not grade student work product, nor may the teacher substantially rely on a TAs feedback in grading. Regarding grading in any course which utilizes TAs, in compliance with our policy requiring at least two graded evaluative devices in each course and encouraging faculty feedback (either individual feedback or group feedback) on all evaluative devices, in addition to any feedback given by TAs, the course teacher must grade and give feedback on at least one evaluation device other than the written work product.

UCC Survey
3 cr. - Professor A. White
This course covers the commercial sale of goods, including sales with negotiable instruments: the law of commercial paper and banking and of secured debt from the perspective of lawyers who will be representing consumers, small businesses and charitable corporations. The course will focus primarily on the Uniform Commercial Code. This is an elective that is highly recommended as preparation for the bar exam.

Wills, Trusts, and Estates
3 cr. - Professor J. Rosenberg
(Pre-requisite: successful completion of Property)*
This course examines wills and alternative ways of passing property upon death, intestacy, the rights of family members (including gay and lesbian spouses and partners), trusts, estate planning, and estate administration. The goals of the course are to help students master the relevant legal doctrine, successfully answer the wills and trusts questions on the New York bar exam, examine the law from a critical perspective, and understand the human, ethical, and public policy dimensions of the law. The focus is on New York law, although there is some comparative analysis with the Uniform Probate Code and other statutes. The course covers most of the doctrine and concepts tested on the New York bar exam. The course integrates a public interest lawyering perspective that helps students understand and apply the relevant doctrine and also provides a foundation for students who may practice in this area as a primary concentration or as part of a broader community based family or elder law practice. This is an elective that is highly recommended as preparation for the bar exam.