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Course Criteria
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3.00 Credits
Description: Today, many businesses engage in commercial transactions, ranging from the purchase and sale of goods to leasing to financing agreements. This course will focus on developing an understanding of how commercial law documents are created, negotiated, revised and finalized. It is intended to be a "hands-on" class, with all participants having the opportunity to experience what a transactional attorney does in practice. This will be accomplished primarily through simulated exercises that help develop the skills of interviewing, negotiation, counseling and drafting. Over the course of the semester, each participant will be required to prepare a number of transactional documents, such as domestic and international sales agreements, promissory notes, guaranty agreements, and letters of credit. In drafting a document like a sales agreement, emphasis will be placed on the drafting of particular provisions, such as representations, warranties, and covenants. Students may also prepare a short research memorandum on a commercial law topic, such as issues that arise from a client s use of an electronic payment system. Student taking this course may NOT also take Contract Drafting. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: PREREQUISITE: Introduction to Federal Taxation (7034) 3L ONLY course for fall semester. 2L and 3L class for spring semester. The Federal Tax Clinic represent low-income taxpayers in controversies with the IRS, both adminstratively and in federal court. Students will work in teams to represent taxpayers involving examinations, administrative appeals, collection matters and cases before the United States Tax Court. In the past, students' representation has resulted in substantial taxpayer benefits, including taxpayer receipt of many thousands of dollars of tax refunds in work incentives administered through the IRS, relief from joint and several liability for victims of domestic abuse, and significant reductions in the amount of taxes due through negotiated resolutions of compromises of liabilities based upon taxpayer hardship. Because there are very few opportunities for free or low cost legal representation in federal tax matters, the work of students in the Villanova Federal Tax Clinic has often been the key difference for taxpayers attempting to prove the correctnessof the amount of tax reported on their return or their eligibility for refundable credits. The results of the efforts of the Federal Tax Clinic can have a significant impact on a taxpayer's financial condition. The class work component of the Federal Tax Clinic includes substantive review of issues common to the low income taxpayer community. Therefore, you do not need to have extensive experience with tax law to enroll in this Clinic. You will also be given the tools needed to problem solve on behalf of the client. The skill you will learn in this Clinic, as in any other Clinic, transcend the substantive law and will benefit you no matter what area of practice you choose after law school. 4.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: PREREQUISITE: Evidence (7024) 3L Only Fall Semester 2L and 3L Spring Semester In the Civil Justice Clinic, students work as practicing lawyers, representing low-income clients from Philadelphia and Delaware counties in a range of civil disputes. In the process, students will obtain practical experience, learn basic advocacy skills, gain confidence in their own abilities and make a real impact on the lives of their clients. While providing legal representation to clients as part of our own law firm, students will examine the role and professional responsibilities of all lawyers through first hand experience. Each student will represent several clients with legal problems in different substantive areas, including, but not limited to the following: family law (parents and other parties in custody matters, support, paternity and related legal issues); housing (tenants of public and subsidized housing in preventing evictions, enforcing their right to decent, safe and sanitary housing, and defending homeowners against civil forfeiture petitions); government benefits (primarily disabled individuals seeking Social Security benefits) and representing individuals who have been wrongly accused of child abuse or neglect. Students may also represent clients in employment related matters, consumer claims and civil rights matters. Students will participate in classes twice per week, which will include readings and discussion of basic lawyering skills and professional issues, and participation in simulated exercises and role plays, conducted both in and out of class. Significant class time is dedicated to discussion of students' cases in a collegial setting. These discussions provide an opportunity for students to collaborate in exploring issues of strategy and professional ethics. In addition to the time requirement for the classes and simulations, students should expect to spend an average of fourteen to sixteen hours per week on their cases. 6.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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6.00 Credits
Description: Preference will be given to third year students who have not taken a clinical course. Priority will be given to two (2) rising second year students in the Spring semester only. Time Commitment: 24-28 hours per week. Students in the Farmworker Clinic will work in teams of two to represent people who are living and working on farms throughout Pennsylvania, most of them in Chester County. Students represent farmworkers in a variety of legal matters related to their clients' basic needs. Case types include workers' compensation claims for people who need long-term care for work-based injuries, wage and hour claims, and immigration. Because farmworkers are extremely isolated, education and trust-building are key components of lawyering for this community. Therefore, in the fall semester each student will accompany a legal services advocate to farm labor camps to conduct know-your-rights outreach presentations. In the spring semester, outreach may or may not required, depending on the resources of our partner agencies. Students will be responsible for all aspects of their cases, including: client interviewing and counseling, fact investigation, legal research, resolution of ethical issues, case theory development, negotiation with opposing parties, and litigation. Our cases are litigated in administrative and judicial courts and, in addition to providing motions, brief writing and oral advocacy experience, some cases require that students identify and work with expert witnesses. Most student teams will have the opportunity to work with Spanish-speaking clients and manage non-traditional offsite client consultation settings. Students will have ample opportunity to develop the necessary skills by participating in orientation sessions, twice-weekly lawyering classes (3 hours total), supervision sessions, simulation exercises, mock hearings, and individual evaluation meetings, and by incorporating written comments as they draft pleadings. Students can expect to spend 16 hours per week on their clinic casework. Identifying institutional, policy and professional implications of the cases is a primary learning process in the clinic. 6.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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8.00 Credits
Description: Special Requirements: Written application. Application must be picked up at the Clinic Office. Completed application should be turned into: Pat Brown, Clinic Office Administrator, Room 7. Must be turned in by posted deadline. Representing asylum seekers before Federal Immigration Court and the Asylum Office, The Clinic for Asylum, Refugee and Emigrant Services (CARES), taught by Professor Michele Pistone and Reuschlein Clinical Teaching Fellow Marisa Cianciarulo, is an international human rights and immigration clinic. Students represent refugees who have fled human rights abuses in their home countries and seek religious or political asylum in the United States. Working in pairs, CARES students are assigned to represent from beginning to end one or more refugees fleeing human rights abuses in a court proceeding before an Immigration Judge or at an interview before an Asylum Officer. Every semester the work of CARES students results in saving the lives of their clients and reuniting their clients with family members. CARES has represented refugees from such countries as Azerbaijan, Belarus, Burkina Faso, Liberia, Rwanda, Colombia, Democratic Republic of the Congo, Jordan, Mexico, Haiti, Sierra Leone, Sudan, Honduras, Kenya, Mauritania, Cameroon, Uganda and Zimbabwe. Global conditions, among other factors, will determine where CARES concentrates its resources. What is asylum Throughout the world today people are suffering from human rights abuses- they live under constant fear of governments that forbid them from exercising rights that we hold dear as fundamental freedoms and persecute them if they try. Everyone has the right to seek and to enjoy in other countries Asylum from persecution. Universal Declaration of Human Rights Article 14(I) Asylum is an immigration status that the U.S. government confers on people who have fled persecution or have a well-founded fear of persecution in their home countries because of who they are (their race or nationality), what they believe (their religion or political opinion) or their social group. Throughout its history, the United States has been a sanctuary for oppressed people from around the world. The Pilgrims, the Quakers, the Huguenots, the Amish, and countless others came to U.S. shores in centuries past to seek refuge from government oppression. Pennsylvania became a safe haven to many of those victims of government oppression. Human rights abuses similar to those that caused Pennsylvania's first settlers to flee continue today in many parts of the world. CARES helps the victims of these human rights abuses to obtain asylum protection. 8.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: China, with more than 1,000,000,000 people, has the world's largest market. In the increasingly global economy, American lawyers will find increasing need to be familiar with law in China. China has always been a non-legal culture, at least in the sense that we in the West understand law, until western notions of law began to penetrate China in the late nineteenth century. Since 1949, the Chinese on the mainland have engaged in two massive experiments relating to the role of law in a modernizing society, first, Mao's attempt to root out and eliminate law as a foreign transplant, and then, since Mao's death, a massive attempt to legalize a non-legal culture. The seminar will examine modern Chinese law relating to international trade and investment, in a setting of the broader themes of Chinese legal culture, as well as considering the Maoist and post-Maoist experiments as a means of exploring the role of law in modern society. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This seminar will focus on selected problems of international human rights, including, for example, the human rights provisions of the U.N. Charter, the Universal Declaration of Human Rights, the International Human Rights Covenants and other human rights treaties; enforcing international human rights through the United Nations; regional arrangements to protect human rights; international human rights and the criminal process; enforcing international human rights law in U.S. courts; and the relevance of human rights law to the foreign policy process. Seminar members will be expected to write two ten-page papers on human rights issues and to participate actively in class discussion and debate. One-half of the grade in the seminar will be based on the paper and one-half on participation in class discussion. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: Selected problems in college and university law. A substantial paper will be required. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This two- credit seminar explores environmental problems that transcend national boundaries and thus implicate questions of international law. After an introduction to the international legal system in general and as it pertains to the environment, potential topics include depletion of the ozone layer, biologically modified foodstuffs, invasive species, trade and the environment, and the loss of biodiversity. Given the recent increase in the number and severity of catastrophic storms and other weather-related disasters and the growing documented evidence of global warming, there will be a special emphasis on climate change as one of the most urgent issues now facing the global community. Students will be required to write a research paper on a topic of their choice (suggestions are available) and are expected to participate in class discussions. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This course will focus on domestic and intimate abuse, and the responses of the legal system. Students will explore the historical backdrop of the problems, and the responses of both the legal system and society in general. They will examine various legal developments, and consider how these are working. Students will also consider the difficult policies issues that make finding an effective response to domestic and intimate abuse so difficult. The seminar will draw on interdisciplinary as well as purely legal resources. Students will be evaluated primarily on the basis of a significant research paper, and an in-class presentation of their research. Class participation, particularly with respect to fellow students' presentations, preparation, and successful completion of the steps leading up to the final paper (abstract, research strategy, annotated outline, drafts) will also be considered in the final grade. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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