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Course Criteria
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2.00 Credits
While legal boundaries help to determine the limits and construct the powers of a society, they are not recognized by the natural environment. Environmental law in general must constantly come to terms with this obvious disparity between the limits of nature and the demands of culture. This disparity is made all the more powerful when the law is of different nation-states. Add to this disparity the face that would economic forces can also operate internationally, and it begins to become clear that without concerted international policy and regulation, any individual nation state=s law alone cannot be the most effective tool for commercial enablement or natural protection in the environmental realm. In this course, we will look at the nature of international environmental treaties, their enforcement, the effectiveness of national laws on international environmental and economic concerns, and the interaction between national and international environmental laws. In addition, we will consider how international environmental law may impact upon local practice, including the role of Duquesne University as a member of the PA Consortium for Interdisciplinary Environmental Policy.
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2.00 Credits
This course will address significant issues in appellate practice and procedure in Pennsylvania using, as a guide the Pennsylvania Rules of Appellate Procedure. The purpose of the course is to educate about both the substantive and procedural issues and traps inherent in appellate practice in Pennsylvania. The course overviews the unified judicial system and the constitutional and statutory basis for each appellate court in Pennsylvania and the powers enjoyed by each of them. Then, specific subjects in both the criminal and non-criminal appellate arenas will be examined. Who may appeal? What is final, interlocutory or collateral order? When may the appellate court exercise jurisdiction? When is an issue waived? The course will also have specific classes devoted to the procedural aspects of Superior Court, the Commonwealth court and the Supreme Court. Finally, classes will focus on brief writing and oral advocacy. Subjects will address scope of review, standard of review, and the crafting of effective written argument and the presentation of effective oral argument. Guest speakers who are members of the appellate judiciary or well-regarded appellate advocates will address a number of the classes.
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2.00 Credits
The course surveys various aspects of domestic and foreign law which impact the use of the Internet. In particular, the legal areas investigated include: electronic contracts and e-commerce; jurisdictional issues; privacy rights; intellectual property rights such as trademark, copyrights, and patents, from both defensive and offensive perspectives; defamation; censorship, computer crime; securities regulations; taxation issues; and legal practice on the internet. The emphasis of the course is on the student obtaining a working overview of each of these areas as they pertain to the Internet. The goal is for the student to acquire a basis from which to advise clients on Internet-related legal issues which affect the conducting of their business and personal affairs. The course only incidentally touches on the technological aspects of the Internet and computers as the main focus is on the legal aspects of Internet use.
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2.00 Credits
The course will focus on the applied use of intellectual property rights and the protection and enforcement of those rights in both a commercial context and in litigation and pre-litigation settings. Special emphasis will be placed on: the management and strategic use of IP portfolios by businesses; intellectual property concerns in the field of information technology; patent trademark, and copyright infringement, including cease and desist letters and claim construction issues in patent cases; handling of IP issues in mergers and acquisitions; and other practical considerations of using and protecting intellectual property in the marketplace. Prerequisite: Must have completed an IP course or have other significant IP experience.
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3.00 Credits
This course introduces the student to selected legal aspects of International Business Transactions. Topics include; international sale of goods; U.S. Trade Laws and the GATT; foreign licensing and distributorship agreements; direct foreign investment; international Monetary System; US/EC antitrust and trade laws as well as international dimensions of local business and legal practice with businesses in Pittsburgh as examples.
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2.00 Credits
Any student in good standing beyond the first year may, with the approval and supervision of a full-time faculty member, engage in an independent research project for two credits. The student must prepare a substantial paper which will be graded by the faculty member. Topics are not limited to traditional legal issues, but may include both empirical studies on law-related subjects and litigation in connection with non-remunerative work for a legal services agency, governmental entity, or not-for-profit organization. Students may do two Independent Research Projects provided they are done for different faculty members and not simultaneously. A student may do a project with the same professor upon approval by a special committee.
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2.00 Credits
The purpose of this course is to introduce law students to the principles of Catholic social thought and to offer the student the opportunity to examine the impact which these principles might have on the analysis of modern legal problems pertaining to clients who follow these and other faith-based traditions. Although this course will be primarily grounded in the Roman Catholic tradition, students of differing backgrounds and interests will be able to pursue reflection within other faith traditions. The course will be comprised of seven units which follow the seven themes that the National Conference for Catholic Bishops/United States Catholic Conference have identified as the principle themes of Catholic social thought: (1) dignity of the human person, (2) call to family, community and participation, (3) rights and responsibilities, (4) option for the poor and vulnerable, (5) dignity of work and the rights of workers, (6) solidarity and (7) care for God¿s creation. Reading materials will be composed of (a) selections from church statements on social responsibility and from related philosophical materials, (b) problem sets based on issues presented in the contemporary United States, and (c) appropriate case law and statutory supplements.
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2.00 Credits
This course introduces the student to the institutions that deliver and finance health care. The course explores the regulation and structure of health care facilities and transactions (including licensure, corporate form, medical staff structure, antitrust considerations, institutional liability and the impact of tax laws) and the fundamentals of health care financing (including private and employer-sponsored insurance, government financing and health insurance reform). Successful completion of Health Care Law is a prerequisite for admission to this class, subject to waiver by the instructor in exceptional cases.
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2.00 Credits
This course analyzes the tax and labor laws governing employee benefits plans. Students will examine (a) the principal types of retirement plans (including defined benefit pension plans, profit-sharing plans, 401(k)/401(m) plans and employee stock ownership plans) and the requirements that these plans must meet in order to obtain favorable tax treatment; (b) issues related to stock-based compensation arrangements such as grants of restricted stock, stock appreciation rights and stock options; and c) issues arising in connection with the maintenance of employee welfare benefit plans, with a particular emphasis on health plans and severance plans. Significant attention will be paid to the fiduciary requirements and enforcement provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"). Successful completion of Tax I is strongly recommended. Exam practice varies.
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2.00 Credits
No course description available.
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