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Course Criteria
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3.00 Credits
Description: Overview: Bankruptcy provides a means for consumer and business debtors to have a fresh start -- i.e., a second chance at getting their lives or businesses in order. For all debtors, the fresh start may lead to changed repayment terms, debt write-downs, and discharge from any remaining deficiencies. And in the case of individual debtors, they may be able to retain a substantial portion of their assets and keep them from being distributed to creditors. The key component of these bankruptcy attributes is that they are generally available to debtors over creditor objections and may also be available in the face of contractual provisions to the contrary. Focus: The primary focus of this course is on (a) the provisions of the Bankruptcy Code that enable debtors to achieve these benefits, and (b) the protections for creditors that are built into the Code. We will cover Chapter 7 liquidations, and Chapter 11 and 13 reorganizations and debt restructurings. But the Bankruptcy Code's impact is far greater than its application to the more than one million cases filed each year. Lawyers involved in all types of transactions, as well as lawyers involved in litigation, should be aware of the potential changes that may be imposed on their carefully crafted contracts or settlements when bankruptcy intervenes. The mere possibility of bankruptcy should play a role in all planning efforts and negotiations. Accordingly, a secondary focus of the course is to explore certain techniques usable in the nonbankruptcy world for reducing the risk of nonpayment or the risk of unilateral contract alteration. A detailed syllabus may be accessed from the course web page the URL for which is: http://vls.law.villanova.edu/ prof/cohen/web/Bankruptcy/Index.htm or click here 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: This course provides a comparative perspective on the legal traditions of the civil law for students schooled in the common law tradition. Readings on the institutions and doctrines of the civil law will be complemented with materials on the most significant social, economic, and political factors that shaped the legal traditions in various civil law countries, especially continental Europe, Eastern Asia, and Latin America. After a brief introduction to the practical applications of the comparative method as applied to domestic problems and international transactions, the course will trace the historical development of the Civil Law, including the influences of Roman law and the codification movement in Continental Europe, Japan, and Latin America. The course will then examine the main institutions of the civil law tradition, focusing primarily on the legal professions and the judicial process. After an overview of civil law approaches to legal problems, the course will then examine selected legal problems taken from various areas, such as torts, contracts, and constitutional law, with comparisons to American law throughout. Attention also may be given to particular aspects of civil and criminal procedure. This course is aimed at introducing American law students to some basic problems and techniques of comparative law that may be taken up later in more detail in courses focusing on a particular jurisdiction or region, such as law in the People's Republic of China and European Union law and institutions. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This course is a historical study of the drafting of the Constitution and the Bill of Rights. The course examines the Constitutional Convention's work on a day-to-day basis as reported by James Madison. It also examines relevant parts of the First Congress's proceedings and gives some attention to contemporary sources and judicial interpretation of the historical record. Students will be encouraged to reach their own conclusions about the Framers' work and its relevance today. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: This introductory course deals with wealth distribution taking place while a client is alive and upon his death. Topics considered at length include intestate succession, testamentary dispositions, will substitutes, construction problems, private express trusts, constructive and resulting trusts. The course addresses assorted transactions that have an impact on the transmission or use of a client's wealth, including marriage, divorce, the birth of children (through both traditional and unconventional methods), long-term disability, organ donation, and similar events. The course includes not only an exploration of the law, but understanding of the human environment in which these transactions occur, and the psychological, counseling, and communicative overtones that permeate practice in this area. Taught in two sections. In Professor Maule's section, clickers are used for class participation, and grades will be based in part on a final examination and in part on semester exercises, such as take-home assignments, in-class tests (use of clickers), and/or mini-exams; because the course is designed to encourage semester- long student involvement and to discourage "the end-of- the-semester-cram-from-old-outline-recite-black-letter-law on-exam approach, students should carefully consider these course features when choosing to enroll. Please note that in Prof. Maule's section, (1) student involvement in the course, and the expectations of the professor, reflect the realities of law practice, (2) the focus of the course is on problem solving and problem prevention, and (3) student pre-class preparation and post-class assimilation must be at a level consistent with a course in a graduate program, leading to a doctoral degree, in preparation for a professional career. Students unable to commit to, and adopt, this approach will be dissatisfied and ought not subject themselves to these demands. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: This course deals with varying forms of ownership of land, and the means available for the generation of capital for residential and commercial development. The rights and remedies of parties to a mortgage will provide a point of departure for consideration of more complex land transactions of the condominium, cooperative, subdivision, and shopping center. The general impact of the Bankruptcy Code and the Internal Revenue Code on real estate development will also be considered. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: An introductory course to commercial law, emphasizing code analysis and interpretation, with particular reference to Article 2 of the Uniform Commercial Code. Subjects covered include the formation of the sales contract and required formalities, warranties, shipment of goods, property risks, inspection rights, and in general remedies for non-performance of sales agreements. The course will also cover, to a lesser extent, Article 2A of the Uniform Commercial Code (which deals with leases of personal property), and the impact of the Magnuson-Moss Act, state "lemon" laws, and state consumer protection legislation on contractual terms affecting product quality standards. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: This course covers Article 9 of the UCC -- the Secured Transactions article. Article 9 of the UCC provides a mechanism for creditors to collect what they are owed out of their debtors' assets and before any distribution to other creditors. The basic creditor right, known as a "security interest", is a form of lien which may be obtained in a debtor's physical property (e.g., cars, household goods, and business inventory and equipment) as well as in a debtor's intangible assets (e.g., patents, trademarks, copyrights, and causes of action). Most of the time, relationships between individuals, corporations, and partnerships work out and debtors actually pay what they owe. Nonetheless, the possibility of nonpayment is always present. Accordingly, whenever a future payment obligation is created (e.g., in connection with the settlement of a lawsuit, as part of a property settlement in a divorce action, as part of a loan transaction, or to secure a credit sale), the party that is owed money will consider securing its position by obtaining an Article 9 security interest. Focus of Course: The focus of this course is to clearly present the Article 9 rules and to achieve an understanding of the situations in which security interests are used. We will learn the steps that must occur in order for creditors to have enforceable security interests and how priorities among different creditors are determined. A detailed syllabus may be accessed from the course web page the URL for which is: http://vls.law.villanova.edu/prof/cohe n/web/SecuredTransactions/Index.html or click here 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: Secured Transactions, which is a two-hour course, covers Art. 9 of the U.C.C. Bankruptcy, which is a three-hour course, covers the federal Bankruptcy Code and selected state law creditors' rights issues. Secured Transactions and Bankruptcy, which is three hours, covers both Art. 9 and the federal Bankruptcy Code in a single course. In Secured Transactions and Bankruptcy state law creditors' rights issues are not covered at all; the Bankruptcy Code coverage is significantly less detailed and case oriented than in the Bankruptcy course; and the Art. 9 coverage is about the same as that in the Secured Transactions course. The objective of the Secured Transactions and Bankruptcy course is to prepare students in the fundamentals of bankruptcy law and Article 9 of the U.C.C. One-third of the course considers the Bankruptcy Code from the perspective of a lawyer representing clients who may elect to file a bankruptcy case. What are the considerations in deciding whether to file What are their options What impact will the filing of a case have on the client and the client's creditors The balance of the course is a traditional Article 9 course with emphasis on the methods of Article 9 financing that are common in today's business environment. The course takes a preventive law perspective. The first question is not what result a court might reach in a litigated case but how does the client obtain the best possible result without taking unnecessary litigation risks Most of the course will be conducted by using the problem method. Groups of problems are used which focus on either one or two sections of the Bankruptcy Code or Article 9. This method assists students in developing a comprehensive understanding of the fundamentals of both statutes. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: An examination of law as applied principally to independent nations. Some of the subjects covered include the sources, development and authority of international law; the application of international law within national legal systems; jurisdiction; the maintenance of international peace and security and humanitarian norms applied to armed conflict; international terrorism; and international dispute resolution. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: PREREQUISITES: Business Organizations (7110) Beginning Fall, 2007- This course treats the most significant legal and financial aspects of business combination transactions. Major topics include business combination agreements (including stock purchase agreements, asset purchase agreements and merger agreements), legal and financial considerations affecting the structuring of deals, valuation of companies and pricing of deals, the Williams Act and tender offer rules, state anti-takeover statutes, fiduciary duties of the target board, anti-takeover devices such as poison pills, deal protection devoces, freeze-out transactions, and federal antitrust and tax considerations affecting business combinations. Final examination, plus optional drafting assignments. 3.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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