Second and Third Year Courses

This course is designed for students who want to have the broadest possible clinical experience. Each student is admitted to practice in Maine courts as a “student attorney,” and will maintain an active case load of four to eight cases, which may include general civil, family, probate, appellate, or criminal cases. The course is practice- and skill-oriented, covering client counseling, ethics, investigation, pre-trial practice, negotiation, document drafting, trial experience, and appeals. You will learn how to be a lawyer, and how to interact with other lawyers, the courts and clients. Students will work with the close supervision and mentoring of a faculty supervisor. Along with regular work on cases, students also participate in a weekly one-hour seminar to discuss ongoing cases, ethical issues, lawyering skills, and other topics. Enrollment is limited to twelve to fifteen third-year students, at the instructors’ election. Evidence (LAW 644), Trial Practice (LAW 650), and Professional Responsibility (LAW 632) are prerequisites.

The Juvenile Justice Clinic is a three- or six-credit course through which students provide direct representation to juveniles in delinquency proceedings in area courts. This clinic provides students the opportunity to learn about practice in the area of criminal law as well as the unique needs and circumstances of juvenile defendants. The course is practice- and skill-oriented, covering client counseling, ethics, investigation, pre-trial practice, negotiation, document drafting, trial experience, and appeals. You will learn how to be a lawyer, and how to interact with other lawyers, the courts, and clients. Students work with the close supervision and mentoring of a faculty supervisor. In addition to their client work, students enrolled in the Juvenile Justice Clinic will participate in a classroom component which features presentations by guest speakers on the various issues that arise in delinquency proceedings, as well as “case rounds” in which the students exchange ideas and questions about their current cases. Evidence (LAW 644), Trial Practice (LAW 650), and Professional Responsibility (LAW 632) are prerequisites.

This course provides third-year students the opportunity to serve clients on a wide range of civil matters, such as family law, torts, probate (guardianship, wills, living will, power-of-attorney, trusts, estate planning), contracts, insurance, consumer rights, wages – almost any civil legal issue that might arise. Students in this clinic are admitted to practice in Maine courts as student attorneys. Every Wednesday you go to the Maine Correctional Center in Windham, which houses all of the women prisoners and the medium security men, and help them in a full range of civil legal problems. We do not do criminal, post-conviction, or prisoner’s rights matters in this program. Students work closely with the faculty supervisor during the week, and also participate in a weekly one-hour seminar to discuss ongoing cases, ethical issues, lawyering skills, and other topics. Students can take it as a three or a six credit course. Evidence (LAW 644), Trial Practice (LAW 650), and Professional Responsibility (LAW 632) are prerequisites.

This course will examine selected legal topics not addressed – or addressed only at an introductory level – in Business Associations regarding the formation, organization, operation, and capitalization of the principal forms of business associations used today, including partnerships, limited partnerships, limited liability companies, and for-profit business corporations. The content of the course may vary from year to year depending on the instructor and the matters previously covered in Business Associations. However, topics will likely include an examination of customary organizational, and related operational documents for the various forms of business enterprises; issues arising in connection with the issuance of stock, and other ownership interests, dividends and distributions; an enterprise’s redemption or repurchase of its shares or other ownership interests; valuation of a corporate or other business enterprise; the rights and remedies of preferred shareholders, bond holders and others who hold debt (convertible or other senior securities); mergers, acquisitions and other fundamental transactions; the securities regulation process and the exemptions therefrom; and the rights and liabilities of purchasers and sellers of securities. Prerequisite: Business Associations (LAW 601)

This course examines the control of private economic power through government enforcement and private damage suits under the Sherman and Clayton Acts. The topics considered include legal and economic concepts of monopoly power and monopolization; collaboration among competitors to restrain trade by fixing prices, allocating markets or customers, or by other conduct with the same effects; vertical relationships among firms at different levels of production that operate to restrain trade; and horizontal, vertical and conglomerate mergers.

This course reviews principles of agency and the essentials of partnership, limited partnership, and the limited liability company. The primary focus of the course is the legal framework for the governance of the modern corporation. Topics considered include choice of organization, distribution of powers, fiduciary duties, questions of corporate governance, the special problems of closely held corporations, the regulation of securities transactions, mergers, acquisitions, and takeovers.

Economic development takes many forms in a wide range of settings.  This course focuses on the domestic policy and practice of development in disadvantaged urban and rural communities, with attention to enterprise organization, finance transactions, and creative use of the law.  We will work through a series of problems that require application of lawyering skills in simulated private sector transactions and in related public policy challenges.  This work implicates corporate law and alternative enterprise forms, as well as federal tax law such as New Markets Tax Credits, the Low Income Housing Credit, and charitable exemptions and constraints.  Instead of a final exam or term paper, student assessment will be based on engagement with entity and deal structuring, document drafting, negotiations, and policy solutions to problems raised in class.

Prerequisites: Business Associations (LAW 601) and Taxation I (LAW 649), or equivalent experience or course work.

This course will cover issues related to employment from hiring to firing. It will provide an overview of the statutory, constitutional, and common law rules that regulate employment relationship. We will cover a variety of topics, focusing on the at-will employment doctrine, wrongful discharge, employment discrimination based on race, sex, age, religion, disability, harassment, retaliation, covenants not to compete, unemployment insurance, employee privacy, workplace freedom, wages and hours regulation, and some other topics. We will also spend significant time discussing issues that commonly arise in employment litigation and client counseling.

The course will provide an introduction to accounting concepts and financial reporting fundamentals. Topics will include generally accepted accounting principles and the basics of financial statements (the balance sheet, the income statement, and the statement of cash flows). Students will be taught how to critically analyze financial data and make important observations about accountants’ reports, financial statements, and financial statement footnote disclosures. Students will also develop skills in applying financial language in drafting agreements and in properly examining an expert witness on damages and other matters.

The course examines the goals of the U.S. health care system, which is designed to provide high-quality, affordable, and accessible health care. We will explore the regulation of health care professionals and institutions. The course will also discuss the contract, tort, and administrative law issues that come up in cases of informed consent, liability, malpractice, and end-of-life care. The course will also examine legal efforts to make health care affordable and accessible. We will study the regulation of both public and private insurance systems and use basic insurance principles to explore this area of law. Health law is complex for many reasons, including because it involves the interactions of state and federal statutes (and regulations) with longstanding principles of contract and tort law. The intersections between state and federal statutes and policies are also challenging. The 2010 Affordable Care Act will of course be a focus of the course.

This course is designed to cover the “how” of being a privacy lawyer, including the ethics challenges confronted by in-house privacy counsel serving roles like Chief Privacy Officer and Data Protection Officer.  Students will develop practical skills using real world problems in the information privacy and cybersecurity areas.  Pragmatic guidance will be provided from experienced in-house and outside privacy counsel.  Students will assume the roles of lawyers to perform tasks in hypothetical situations.  The goal is to give students the chance to integrate legal theory, practical skills and ethics while engaging in a number of professional skills in a classroom setting.

Case studies will be drawn from various real world examples such as: Cambridge Analytica/Facebook, Equifax data breach and compliance with GDPR to form the basis for a number of different exercises.  The exercises will focus on key areas of privacy and cybersecurity legal practice.  By way of example, such exercises might focus on the following topics:

Privacy impact assessments – providing advice with respect to when and how to use them, how to go about completing them, tools available for completing assessments and how to utilize the results of the assessment, including action steps to take based on the assessment.

Commercial transactions between parties involving the transfer and handling of personal information – drafting and negotiating contract provisions (from the perspective of both parties) that address privacy and data security concerns (e.g. Data processing agreements) and the related regulatory and other risks associated with handling personal information.

Data breach notification – providing end to end advice to a business that is the victim of a data breach, beginning with the initial notification of the security incident, working with the IT and forensics teams to figure out what happened and how to contain the incident, determining whether there are any breach notification obligations, crafting the breach notification letter, responding to regulatory inquiries and enforcement actions, crafting notice of claim to insurance carriers of third party providers that may be at fault, pursuing insurance claims, defending and bringing litigations, and negotiating resolution of such claims and disputes.

This course provides a broad survey of the three main branches of intellectual property law, namely trademark, copyright, and patent law.  We will explore the similarities and differences among these varied systems of intellectual property protection, as well as examine the challenges brought about by new technologies.  This course provides a foundation for advanced intellectual property courses but is also appropriate for students who seek only a general understanding of intellectual property law.  A science or technical background is not necessary.

This course is a broad scope introduction to how the global financial system operates. It is anticipated that topics covered in the course will include international aspects of U.S. capital markets, international aspects of U.S. banking markets, the European Monetary Union and its recent crisis, capital markets generally, clearance and settlement systems, Euromarkets, emerging market debt, and financing of terrorism. Other topics will be covered if there is time available. Each student taking the course will write a paper on a topic approved by the instructor.

This course focuses on three aspects of the law of international trade. First, the basic elements of transnational commercial transactions will be examined. Second, the GATT and various other multinational trade agreements will be considered and discussed. Finally, United States domestic trade legislation will be reviewed and compared to approaches taken by other countries. If time permits, a number of discrete issues in international trade will be considered, including the transfer and protection of technology, the regulation of foreign investment, and the resolution of international commercial disputes.

Negotiation is explored in two ways: readings are assigned on interpersonal communication skills, bargaining theory, and negotiating techniques; and a series of problems assigned which students negotiate. The negotiations are critiqued. A wide range of the types of negotiations in which lawyers participate will be examined in the course. Students in the course will develop a conceptual understanding of the theory behind the negotiation process and practice the skills needed to apply their knowledge.

Federal income taxation of partners and partnerships (and other business entities such as limited liability companies that are treated as partnerships for tax purposes) is governed by a tax regime that is separate and distinct from those that govern the taxation of individuals (Taxation I) and corporations and their shareholders (Taxation II). The course focuses on various aspects of this unique tax regime including the considerations that affect choice of entity and qualification as a partnership, and the tax consequences to the partnership and its partners in connection with the formation, operation and termination of a partnership, the sale of partnership interests and property, distributions from the partnership to its members and allocations of income, losses, deductions and credits. Taxation I (Law 649) and Business Associations (Law 601) are prerequisites.

This course is concerned with the acquisition, financing, development, operation, and disposition of real estate. The course provides an introduction to the essential material that a lawyer needs for participation in sophisticated real estate practice, including relevant doctrines and principles of the law of contracts, property, conveyance, mortgages, and leases. Attention is also devoted to financing techniques for the acquisition and development of real estate.

This course examines the provisions of Article 2 of the Uniform Commercial Code which specifies the elements generally required for the creation of an enforceable agreement involving a sale of goods. The subject matter of this course is heavily tested on bar examinations.  Topics to be covered include contract formation, enforceability, interpretation, warranties, and remedies. Additionally, we will examine more modern concepts of contract formation in the age of electronic commerce, including the impact of the Uniform Electronic Transactions Act (“UETA”), Electronic Signatures in Global and National Commerce Act (“E-SIGN”), and the widespread use of terms that appear inside the packaging of goods (“terms in the box”), often not seen by the purchaser until after the goods are delivered. The format of this class will be problem based, providing a more hands-on and practical approach to applying the UCC code provisions.

Taxation I is a basic federal income tax course dealing with taxation of the individual. It covers the questions of what income is, what expenses are deductible, when such income and deductions are realized or allowed, at what rates the income is taxed, and whether income can be assigned to another. Both policy and practical concerns will be discussed. This course is a prerequisite for Business Planning (Law 662), Estate and Gift Taxation (Law 678), Estate Planning Practicum (Law 643), Taxation II (Law 654), Partnership Taxation (Law 688), and Taxation Law Seminar (Law 670).

This course is designed for students who intend to practice tax law, whether in tax planning or in tax controversy work. The course will develop the student’s proficiency in conducting tax research, and will cover major aspects of federal tax practice and procedure that are of importance to tax counsel (i.e., from properly characterizing a transaction on a tax return to defending the transaction in an IRS audit and court). Topics include: Advising tax return positions and preparing returns; IRS audits; administrative resolution of tax disputes; tax litigation and settlement of tax cases; civil tax penalties and interest on underpayments and overpayments; administrative and judicial collection procedures; criminal tax investigation and prosecution; and special ethical issues in tax practice. Students will develop important practical lawyering skills by engaging in several research and drafting exercises, such as a tax opinion letter, a private letter ruling request, an IRS administrative appeals protest letter, a Tax Court petition, and an Offer-in-Compromise. Prerequisite: Taxation I (LAW 649).

This course offers students an introduction to acquiring and protecting trademarks. Students learn how to counsel clients on what may serve as a proper trademark, how to register a mark with the state and the U.S. Patent and Trademark Office, the nature of an infringement lawsuit, and defending trademarks against domain name “cybersquatters” in US courts and through international arbitration systems. This course is designed to give students a practical rather than theoretical view of trademark law and as such frequently incorporates local practitioners in delivering course materials and answering students’ questions. The final grade is based upon class participation, a paper, and an in-class presentation.

Animal Law is a rapidly developing area of law and one which demonstrates the challenges of regulating and mediating the complex and sometimes mystifying relationship between humans and nonhuman animals. Tasked with questions such as whether depictions of animal cruelty are protected by free speech; how to regulate massive factory farms; why the Animal Welfare Act exempts so many laboratory animals used in experiments; whether it is proper to bait black bears with buckets of human treats; how to deal with wild horses or your neighbor’s bees; or whether dogs and cats may inherit millions of dollars, Animal Law attempts to balance interests and find workable solutions to problems that range from neighbor disputes and veterinary care to some of the most critical problems facing our species, such as stewardship of our planet, food insecurity, and the moral question of who can be a rights-holder. This course will cover selected topics in the field, including recent thinking about animal intelligence, using animals for research, food, and entertainment, animal activism, and animals as companions.

This course will focus on the investigative phase of criminal proceedings. We will examine the law that governs police conduct, including search and seizure, arrest, and interrogation of suspects. The class will emphasize the interplay between abstract constitutional principles as interpreted by the courts and law enforcement on the street.

This course will explore professional issues involved in representing elderly clients as well as key statutes and regulations of particular importance to seniors. Topics of study will include, among other things, ethical issues in representing elders; age discrimination; income maintenance and the social security system; access to health care and the role of Medicare and Medicaid; senior housing (including nursing home and assisted living issues); advance planning and guardianship; and elder abuse and neglect. Particular attention will be paid to the impact that cognitive and physical impairments can have on legal rights and the ability to exercise those rights.

The United States grants a broader right of freedom of speech than other Western Democracies. The first part of this course will examine the cases and underlying theories of free speech in American Constitutional Law. The second part of the course will examine the development of the Equal Protection Clause since World War II. Race, gender, and other forms of discrimination will be analyzed.

This course surveys the legal, historical, and political considerations that shape U.S. immigration law. The course will review the constitutional basis for regulating immigration into the United States, and, to some extent, the constitutional rights of non-citizens in the country; the contours of the immigration bureaucracy, including the roles played by various federal agencies in immigration decisions; the admission of non-immigrants (i.e., temporary visitors) and immigrants into the U.S.; the deportation and exclusion of non-immigrants and immigrants; refugee and asylum law; administrative and judicial review; citizenship and naturalization; undocumented migration; and comprehensive immigration reform.

Students examine several basic and interrelated questions. First, what political and moral assumptions are implicit in American conceptions of legal rights? Second, in an age of skepticism, can fundamental legal rights be justified? Finally, is there a method to legal thought, or were the legal realists correct in asserting that the law depends upon what the judge ate for breakfast?

This course provides an introduction to American legal history. This course begins by considering the general question of what is history, and, more specifically, what is legal history. It then looks at the ways legal history is used (and/or abused) in contemporary legal discourse and considers the use of historical analysis more generally. The course then considers the English and colonial background to American legal history. The course then moves on to consider the development of public and private law during the antebellum period. The third part of the course considers public and private law during post-Civil War America.

Constitutional law in the U.S. (based on both the federal and state constitutions) has played active roles in framing issues related to race, gender, and sexual orientation and legal equality in the last sixty years. The course will examine cultural ideas and constitutional theories that relate to civil rights litigation of various types related to these categories. The course will also analyze critiques of those ideas and theories, and consider alternative viewpoints.

A growing number of lawyers market themselves as appellate specialists. This course aims to interest students in the appellate specialty; provide an overview of the different types of appeals and appellate rules of procedure; and provide a forum to practice written and oral appellate advocacy.

Students will ghost write at least two appellate pleadings in pending cases, litigated contemporaneously with the course offering in state and/or federal court. The course also will simulate client management skills and students will have the opportunity to practice oral arguments. In the process, students will learn a variety of fungible skills, e.g. how to evaluate strategic litigation choices and how to communicate those choices to the client; how to work with “good” and “bad” facts; how to best frame the legal questions presented by the case; and how to appropriately confront the ethical issues that routinely confront courtroom lawyers.

At the conclusion of the course, students should feel comfortable independently prosecuting a direct appeal in state or federal court. Students should also pass any question about the Maine Rules of Appellate Procedure on the Maine Bar Exam.

At the heart of the criminal process is discretionary decision-making by prosecutors and defense counsel. The prosecutor has vast, unreviewable power over the charging decision. But with that power comes the responsibility to evaluate the truthfulness of potential testimony by cooperating witnesses, police officers, law enforcement experts, and alleged victims. Law by agreement of the prosecutor and defense counsel is the “law” that settles more than 90 percent of criminal cases, and the most important advocacy of defense counsel is often directed to the prosecutor. Before plea bargaining, the lawyers must evaluate everything that has gone before, such as the results of formal and informal discovery, the amount of time served pending trial, and the likelihood of conviction and of a particular sentence. Mutual trust between prosecutors and defense counsel, or its lack, significantly influences the functioning of the criminal process. Having identified the powers of prosecutors and defense counsel, the course attempts an extended inquiry onto how these powers should be exercised.

This course provides: (1) an orientation to the key rules, concepts, and controversies concerning the presentation and admission of evidence in criminal and civil trials; and (2) an introduction to the specific skills used by attorneys in litigation as proponents and opponents of evidence. Specifically, we will examine: the overall structure of trials; how evidentiary disputes are raised and resolved; the examination and impeachment of witnesses; relevance; character evidence; hearsay; and opinion testimony. The goal is to gain a solid grounding in the key rules, concepts, and controversies to enable you to use the rules strategically and effectively in your own cases (whether in Trial Practice, a clinical or externship course, or your practice), to critically evaluate the evidence rules and their application, and to understand how the rules operate in conjunction with substantive law (i.e. criminal law, tort law, etc.). Accordingly, we will study not only the rules’ explicit requirements and prohibitions but also the policy goals and assumptions underlying the rules. The Federal Rules of Evidence will be our primary focus for the course; however, you are also responsible for learning some important distinctions between the Federal and Maine Rules of Evidence. This course is a co- or prerequisite for Trial Practice (LAW 650). This course is a prerequisite for the General Practice Clinic (LAW 663), Prisoner Assistance Clinic (LAW 712), Juvenile Justice Clinic (LAW 724), and several Externship offerings.

Much of the world’s commerce moves by water. The admiralty law intersects with domestic civil law at many points, including defining the rights of seamen, passengers, certain landside workers, ship responsibilities, cargo rights, and insurance. The same admiralty framework extends to the fishing industry and pleasure vessels in many instances. This course will survey the general principals of the admiralty law in its many applications.

In Climate Change, we are confronted with the defining policy challenge of our generation. Every institution of power, whether it be a national government or a corporate board of directors, must decide how to respond to it. The aim of this course is to inform the leaders who will guide those climate change policy decisions. We will build from an understanding of the fundamental facts of climate change, and its potentially devastating impacts, to the study of the tools available to governmental and non-governmental actors for climate mitigation and adaptation. The course will focus on not only the legal mechanisms targeted at climate change (laws, regulations, litigation), but also on the perhaps equally important measures taken by corporations and other private actors. We will discuss what can, what will, and what should be done.

Illicit extraction of natural resources is financing armed conflicts. The opening of the Arctic passage because of climate change has created new geopolitical conflicts. The legal extraction and transportation of oil and natural gas is undermining the security of local residents. And climate-induced migration and congested refugee camps represent a significant new source of domestic insecurity and cross-border tension. Many of the proposed solutions to these tensions between ecosystem resilience, economic control, and perceived security concerns are legal agreements. A complementary response is to redefine ‘environmental security’. This course will examine a series of environmental security crises and their proposed solutions to understand better the social, ecological, political, and security processes involved. The six week short course will open with a methodological overview of “security concerns,” “economic drivers,” non-linearity of ecosystems, and international environmental legal frameworks. The core of the course will be three classroom-based case studies and a student self-selected case study. The last week of course will look at a redefinition of ecological security. Students will also be expected to prepare short commentaries on the prime legal instruments cited in the classroom-based case studies.

This course examines how land use is regulated and controlled. It begins by discussing why and when government regulation, rather than private market ordering, might be necessary to control land use and development patterns. It considers different regulatory and market-based tools that are available to control land use, including flexibility devices such as transferable development rights, contract zoning, and planned unit development. It then explores land use from the perspective of a project proponent, or developer. It examines the rights that an owner of land has if a particular land use regulation is inefficient, unfairly burdensome, unfairly disruptive of the owner’s settled expectations, or an infringement upon the owner’s civil liberties. The course then looks at land use issues from the other side, examining the rights of those who oppose the landowner’s plans (these project opponents are often neighbors). Finally, the course focuses on particular problems that plague the land use regulatory system, such as exclusionary zoning, the equitable distribution of undesirable land uses, sprawl, and smart growth.

This seminar explores claims to the seas as asserted by states and other actors. The theme is how such claims are shaping, and will shape, the contemporary world public order of the oceans. The seminar covers principally three categories of ocean claims: (1) Claims related to maritime navigation posed by state and non-state actors; (2) Claims related to maritime sovereignty and boundaries; (3) Claims to assert jurisdiction over maritime zones under the United Nations Convention on the Law of the Sea. Within these categories the following topics will be covered: the United Nations Convention on the Law of the Sea (UNCLOS), marine wildlife, maritime ports, baseline determination, maritime zones, the arctic, shipping, international straits, the regime of islands, piracy and counter-piracy, the Gulf of Maine, and the South China Sea. Our shipping law meeting will be held at Eimskip, the Icelandic shipping firm operating from the Portland container port. During several sessions we will interact via teleconference with a Maritime Law Class in Hong Kong.

This course examines the world public order of the oceans from the classical origins of the law of the sea to the post-September 11, 2001 security environment. It will appraise contemporary oceans law and policy including the goals and common interests of the world community and the United States including Maine. A framework for analysis of contemporary oceans law problems and claims will be considered before proceeding to a detailed appraisal of specialized topics. Subjects covered include sources of oceans law, United States oceans policy, the Third UN Conference on the Law of the Sea and the 1982 UN Convention on the Law of the Sea, maritime navigation, maritime zones, coastal law and policy, land-locked and geographically disadvantaged states, fisheries, straddling stocks and highly migratory species, weapons testing, the continental margin, protection of the marine environment, marine scientific research, maritime boundary delimitation, deep seabed mining, national security and international incidents, polar and exploration claims, settlement of disputes, and the future of oceans policy.

This course will explore professional issues involved in representing elderly clients as well as key statutes and regulations of particular importance to seniors. Topics of study will include, among other things, ethical issues in representing elders; age discrimination; income maintenance and the social security system; access to health care and the role of Medicare and Medicaid; senior housing (including nursing home and assisted living issues); advance planning and guardianship; and elder abuse and neglect. Particular attention will be paid to the impact that cognitive and physical impairments can have on legal rights and the ability to exercise those rights.

This course focuses upon basic legal issues relating to marriage, family, and the termination of marriage. One segment of the course emphasizes jurisprudential and constitutional issues underpinning the institutions of marriage and family. A second segment emphasizes major doctrinal developments, including the laws of marital property, support, and child custody.

Juvenile Law is a non-traditional course blending lecture and discussion with a significant skills component. This course will examine the procedural and substantive parameters on juvenile courts and the court’s authority to intervene in children’s lives. We will analyze issues in juvenile justice in the broader context of youth policy, developmental psychology, and the legal status of children.

This is a skills building course. Increasingly, attorneys who litigate are doing so not before judges or juries, but before regulatory bodies or officers—for example, on issues of planning and zoning, unemployment/social security/workers compensation benefits, environmental permitting, property tax review, and asylum to name just a few. And while this course will sharpen the skills of anyone who wants to do trial work, unlike trial practice the art of advocating for clients in a regulatory arena has differences—oftentimes the adjudicators are laypeople, the rules of evidence do not apply, there may be no discovery, and one must master varying (by agency) procedural rules. This course will begin with a review of the administrative adjudicatory process, with a primary focus upon Maine law, but as a “practicum” will involve the supervised practical application of administrative and environmental law concepts. Students will develop necessary practical lawyering skills by engaging in a variety of written and oral advocacy exercises using a wind power project simulation. You will draft and orally present to classmates a client memo, op-ed, and a recommended decision on the project. Students will also conduct a short direct or cross-examination of expert witnesses, present an opening or closing argument, and address ethical issues.

Providers of health care operate within a complex set of federal laws and regulations governing their delivery of care and relationships with other providers. This course will explore the practical application of some of the major federal laws affecting health care providers, including fraud and abuse laws, legal obligations to provide care, and constraints on private health insurers. It will also seek to place these laws in a historical context that considers the perceived problems they seek to address, their implications (foreseen or otherwise) for providers and payors, and how they have evolved over time, up through and including the Affordable Care Act.

This course examines how land use is regulated and controlled. It begins by discussing why and when government regulation, rather than private market ordering, might be necessary to control land use and development patterns. It considers different regulatory and market-based tools that are available to control land use, including flexibility devices such as transferable development rights, contract zoning, and planned unit development. It then explores land use from the perspective of a project proponent, or developer. It examines the rights that an owner of land has if a particular land use regulation is inefficient, unfairly burdensome, unfairly disruptive of the owner’s settled expectations, or an infringement upon the owner’s civil liberties. The course then looks at land use issues from the other side, examining the rights of those who oppose the landowner’s plans (these project opponents are often neighbors). Finally, the course focuses on particular problems that plague the land use regulatory system, such as exclusionary zoning, the equitable distribution of undesirable land uses, sprawl, and smart growth.

One of the fastest job growth areas for new lawyers is the focus of this course.  Throughout law school and your legal career, you frequently will be required to interpret statutes and regulations when advising clients and crafting strategy. Moreover, the vast majority of attorneys who litigate are doing so not before judges or juries, but before regulatory bodies or non-judicial officers without the Rules of Evidence or Civil Procedure, and that have special standards for issues like standing and finality. The American Bar Association estimates that 65 to 70 percent of the practice of adjudication actually occurs in an administrative setting, rather than a courtroom. Moreover, “Virtually every aspect of public policy is addressed by one administrative agency or another. Topics include immigration, telecommunications, energy projects, environmental protection, food safety, securities and commodity trading, banking regulation, building codes, zoning, social security, utility rates, customs, and so on.”

This course will first introduce you to the principles of legislative interpretation, including exercises in drafting and interpreting. We then examine work that federal and state agencies do, the procedures they utilize, and the ways in which the political judicial branches seek to control administrative actions.  Students will undertake practical exercises on relevant issues throughout the semester to best develop your oral and written advocacy skills, and to better learn and remember the legislative and regulatory doctrines. The goal is to better enable students to address issues in their other courses, and in their legal jobs during and after law school.

*Legislative and Administrative Law MUST be taken by 2Ls in the fall of their 2L year (or the summer between their 1L and 2L year if it is offered).

The American military is widely regarded as the most impressive in the world.  It performs missions that have worldwide implications both in times of peace and in times of war.  The United States Constitution contains 18 provisions specifically centered on the armed forces.  They provide the basis for the wide number of domestic missions of the armed forces.

Military Law will examine the overall governance structure of the military and the roles of the executive, legislative, and judicial branches in that governance.  Among the topics are entry into the military by commissioning, enlistment, or conscription and departure from the military by retirement, involuntary termination, end of service agreement.  A considerable portion of the course will examine the distinctive military criminal justice system (the court-martial process).  In addition to its specific application to the military, study of the court-martial system provides an excellent comparative basis for studying American criminal justice systems.

Issues of risk management and compliance are attracting increasing focus and attention throughout society and legal practice.  Government regulation and regulatory oversight, industry-based codes of ethics, and standards of social responsibility and conduct all have been proliferating in recent years.  These developments raise many issues for lawyers.  This course will explore the law and practice relevant to these issues, principally from a transactional lawyer’s perspective.  After a general introduction to risk and risk management, we will address a number of specific topics such as the reputational, operational and enterprise implications of risk, the transactional lawyer’s role in helping clients develop and manage appropriate and effective risk management and compliance programs, the tools available to the transactional lawyer to identify and help manage risks in the client’s transactions and business operations, and the transactional lawyer as “whistle blower” or “gate keeper.”  Finally, we will examine the transactional lawyer’s own management of the risks she or he encounters in client representation (including the “bad actor” client, conflicts of interest, engagement letters and advance waivers, theories of attorney liability, transactional legal opinions, audit letter responses, and dealing with wayward partners and associates).  We will use actual case studies to supplement our discussions.

The course will focus on two sets of issues: First, a range of current medical, legal, ethical issues will be examined – right to die, right to treatment, organ transplant, assisted reproduction (IVF), rights of handicapped individuals, parental control, and the continuing debate surrounding abortion and contraception. Second, we will examine a range of physician and hospital malpractice issues including discussion of issues arising in the context of medical research.

Providers of health care operate within a complex set of federal laws and regulations governing their delivery of care and relationships with other providers. This course will explore the practical application of some of the major federal laws affecting health care providers, including fraud and abuse laws, legal obligations to provide care, and constraints on private health insurers. It will also seek to place these laws in a historical context that considers the perceived problems they seek to address, their implications (foreseen or otherwise) for providers and payors, and how they have evolved over time, up through and including the Affordable Care Act.

The course examines the goals of the U.S. health care system, which is designed to provide high-quality, affordable, and accessible health care. We will explore the regulation of health care professionals and institutions. The course will also discuss the contract, tort, and administrative law issues that come up in cases of informed consent, liability, malpractice, and end-of-life care. The course will also examine legal efforts to make health care affordable and accessible. We will study the regulation of both public and private insurance systems and use basic insurance principles to explore this area of law. Health law is complex for many reasons, including because it involves the interactions of state and federal statutes (and regulations) with longstanding principles of contract and tort law. The intersections between state and federal statutes and policies are also challenging. The 2010 Affordable Care Act will of course be a focus of the course.

As its name would suggest, comparative law is not so much the study of any particular body of law as it is a study of what role the law plays in different cultures and societies and how culture, history, and economics in turn shape the law. This course will therefore take a detailed look at law as it is practiced in Europe, Asia, South America, the Middle East, and elsewhere, with an emphasis on comparing and contrasting the civil-law and common-law traditions. Topics will include differences in legal education, the role of the legal profession, the judicial system, and societal attitudes toward these institutions. The course will also take a look at globalization and efforts at harmonization, as well movements toward “counter-harmonization” and areas of law that resist harmonization. The course will be graded primarily on class participation and a final written paper of law review length.

This Seminar will focus on a comparison of the common law and civil law systems, with particular emphasis on sources of law and the role of the judge. Topics to be considered include: the nomination and appointment of judges in the United States and France, the background and qualification of judges in the United States and France, the organization of the judicial systems in the United States and France, judicial decision making in the United States and France (focusing on the common law method and the doctrine of precedent in the United States compared with the civil law method and its system of codified law in France), and legal theory in the United States and France (comparing U.S. pragmatism, policy-oriented jurisprudence, and law and economic, etc. with French legal positivism). There are many elements of divergence between the American common law system and the French civil law system as regards the role of the judge and methods of legal analysis and argumentation, but also a certain movement of convergence around the increase in importance of the role of the judge in civil law countries and the increase in importance of statute law in common law countries.

The Seminar culminates in a trip to France where students will visit French legal institutions and meet with legal and other governmental officials in Paris. Students will be required write a research paper and present their work at the Seminar during the visit to France.

This seminar will explore the emerging field of business and human rights. We will consider both the ways in which businesses can be held accountable for their complicity in human rights violations, as well as the responsibility and capacity that businesses have to contribute positively to human rights and social progress. The course will begin by building a foundational understanding of the relevant sources of laws and norms that regulate the conduct of business abroad, including international treaties, domestic law, nonbinding soft law, and various forms of self-regulation. We will then examine more specific business and human rights controversies in areas such as corruption, the environment, labor, and freedom of speech.

This is a research seminar in international human rights law. It covers the fundamentals of the international human rights system, including standards and drafting, human rights treaties, fact-finding and reporting, non-state actors, complaint procedures, charter-based procedures, women’s human rights, refugee and asylum law, humanitarian intervention, regional human rights systems, domestic remedies, and special problems in human rights such as cultural relativism, capacity building and accountability.

This is a foundation course in public international law that is primarily, though not exclusively, concerned with legal relations among states and public entities in the global system. The course explores the dynamics by which international law is made and applied by appraising trends and outcomes in international decision bearing on problems of world public order. The goal is to equip students to understand why past decisions were made, to devise methods for predicting future decisions, to develop methods for inventing decision alternatives both at the structural or constitutive level, and to identify the conceptions and skills necessary for influencing future decisions in the range of arenas in which international law is made and applied: parliamentary, diplomatic, judicial, and arbitral in national and international settings. Topics covered include: origins of international law, sources of international law, establishment and transformation of states and other actors, state recognition, diplomatic protection, jurisdiction, international courts and tribunals, international organizations, international human rights, resort to and use of force, nation-building, the regulation of international agreements, sovereign immunity, and enforcement of foreign judgments.

This course focuses on three aspects of the law of international trade. First, the basic elements of transnational commercial transactions will be examined. Second, the GATT and various other multinational trade agreements will be considered and discussed. Finally, United States domestic trade legislation will be reviewed and compared to approaches taken by other countries. If time permits, a number of discrete issues in international trade will be considered, including the transfer and protection of technology, the regulation of foreign investment, and the resolution of international commercial disputes.

This course examines the nature of the rights protected under federal copyright law and the types of work that qualify for protection, including literary, artistic, and musical works. This course also covers copyright duration, ownership, formalities, remedies for infringement, and principles of international protection. The Copyright Act of 1976 as amended forms the core statutory material covered by the course.

This course provides a broad survey of the three main branches of intellectual property law, namely trademark, copyright, and patent law.  We will explore the similarities and differences among these varied systems of intellectual property protection, as well as examine the challenges brought about by new technologies.  This course provides a foundation for advanced intellectual property courses but is also appropriate for students who seek only a general understanding of intellectual property law.  A science or technical background is not necessary.

This course provides a broad survey of the numerous issues arising from the rapid growth of the Internet and other online communications.  We will explore whether the application of existing legal rules to new technologies is appropriate or if completely novel approaches are necessary when dealing with problems that arise in cyberspace.  Topics to be examined include jurisdiction, the domain name system, regulation of online service providers and digital content creators, freedom of speech as well as privacy.

This course offers students an introduction to acquiring and protecting trademarks. Students learn how to counsel clients on what may serve as a proper trademark, how to register a mark with the state and the U.S. Patent and Trademark Office, the nature of an infringement lawsuit, and defending trademarks against domain name “cybersquatters” in US courts and through international arbitration systems. This course is designed to give students a practical rather than theoretical view of trademark law and as such frequently incorporates local practitioners in delivering course materials and answering students’ questions. The final grade is based upon class participation, a paper, and an in-class presentation.

This is a skills building course. Increasingly, attorneys who litigate are doing so not before judges or juries, but before regulatory bodies or officers—for example, on issues of planning and zoning, unemployment/social security/workers compensation benefits, environmental permitting, property tax review, and asylum to name just a few. And while this course will sharpen the skills of anyone who wants to do trial work, unlike trial practice the art of advocating for clients in a regulatory arena has differences—oftentimes the adjudicators are laypeople, the rules of evidence do not apply, there may be no discovery, and one must master varying (by agency) procedural rules. This course will begin with a review of the administrative adjudicatory process, with a primary focus upon Maine law, but as a “practicum” will involve the supervised practical application of administrative and environmental law concepts. Students will develop necessary practical lawyering skills by engaging in a variety of written and oral advocacy exercises using a wind power project simulation. You will draft and orally present to classmates a client memo, op-ed, and a recommended decision on the project. Students will also conduct a short direct or cross-examination of expert witnesses, present an opening or closing argument, and address ethical issues.

This course examines the control of private economic power through government enforcement and private damage suits under the Sherman and Clayton Acts. The topics considered include legal and economic concepts of monopoly power and monopolization; collaboration among competitors to restrain trade by fixing prices, allocating markets or customers, or by other conduct with the same effects; vertical relationships among firms at different levels of production that operate to restrain trade; and horizontal, vertical and conglomerate mergers.

This course will cover issues related to employment from hiring to firing. It will provide an overview of the statutory, constitutional, and common law rules that regulate employment relationship. We will cover a variety of topics, focusing on the at-will employment doctrine, wrongful discharge, employment discrimination based on race, sex, age, religion, disability, harassment, retaliation, covenants not to compete, unemployment insurance, employee privacy, workplace freedom, wages and hours regulation, and some other topics. We will also spend significant time discussing issues that commonly arise in employment litigation and client counseling.

Expert Evidence will address the role and presentation of expert and scientific evidence in civil and criminal litigation under the Federal and Maine Rules of Evidence. The course will cover the concept of expert testimony in general, basic requirements for the admissibility of such testimony (including qualifications, proper bases of expert opinion, and Daubert and other reliability requirements for the principles and methods used), pretrial disclosure and discovery procedure, ethical considerations, and the presentation of expert opinion testimony at trial. The course will also include discussion of approaches to truth, knowledge, and discovery in both science and law. We will consider these requirements, issues, and questions as they apply to the role in law of expertise from a range of specific fields such as medicine and pathology, forensic science (fingerprinting, chemical analysis, etc.), engineering, psychology and other social science fields, accounting, and others. This is an advanced Evidence course, and it will provide students with not only the opportunity to expand and deepen their understanding of the applicable rules and other legal authority pertaining to expert evidence, but also to develop the specific skills associated with presenting and challenging expert evidence during the discovery and trial process. Students will conduct simulated pretrial and trial examinations of expert witnesses as well as engage in other forms of oral and written advocacy. Grades will be based upon performance of in-class skills exercises and written assignments. Evidence (LAW 644) is a prerequisite; completion of Trial Practice (LAW 650) and/or Pretrial Practice (LAW 709) is highly recommended.

This course focuses on the essential role of insurance as an institution in the United States. Substantively, the course focuses on insurance contract interpretation, regulation, and various types of insurance including liability, health, life, and disability insurance. The course will deal with both theoretical issues involving the law and policy of insurance and with practical issues such as how to read insurance contracts. The role of insurance in litigation will receive particular emphasis.

This course is offered to students who have completed Legal Research and Writing I and II (or the equivalent for transfer students) and who are selected through an open competition at the beginning of each fall semester. During the spring semester, selected students participate in an extramural moot court competition against teams from other law schools by writing an appellate brief and orally arguing both sides of it at the competition. Students may compete during their 2L or 3L year, or both.

The course will expose students to pre-trial practice and procedure through materials and exercises fashioned to familiarize them with civil proceedings’ procedural landscape, including, but not limited to drafting and responding to initial pleading interlocutory, and dispositive motions. In addition, students will learn effective use of available discovery devices and other important aspects of the pre-trial process.

The study of judicial remedies focuses on the legal, equitable and restitutionary relief available for breach of contract, breach of duty in tort, violation of statute, unjust enrichment and other causes of action, as well as on the limits of such relief. The approach of this course combines the theoretical with the practical in exploring the social values that inform remedial principles as well as the nuts and bolts of remedies practice in federal and state court.

Trial Evidence and Advocacy is a 6-credit, integrated course that will both teach students the Federal and Maine Rules of Evidence and how to apply them in practical, experiential exercises based upon simulated adjudicatory proceedings. The combination of subjects will enable students to immediately put into practice the concepts they are learning, and to better remember the rules of evidence and advocacy principles. Because 65-70% of adjudication actually occurs in an administrative setting, rather than a courtroom, and people are ten times more likely to be tried by an agency than by a court, this course will train students to be effective advocates in whatever forum their future clients find themselves. Thus, students will learn the basic skills that are necessary to be an effective advocate whether involved in a jury or non-jury trial, or in an adjudicatory hearing before an agency or board.

Students will learn how to develop both a “theme” and “theory” for their client, and learn to how to make proper opening and closing statements, conduct direct and cross-examinations of witnesses, and how to properly present and object to evidence, including expert testimony. Faculty will utilize simulations, role-playing, demonstrations, and individual evaluation and feedback. At the end of the semester, students will try both a Bench Trial and a Jury Trial, which serve to bring together all the elements of a trial in simulated settings.

This class is designed to help you develop (1) a working knowledge of the FRE and MRE; (2) an ability to quickly and accurately solve evidentiary problems; (3) knowledge and understanding of key cases that discuss and analyze the FRE; (4) an understanding of the theory, purpose, goals, and implications of the FRE and MRE; and (5) the ability to both prepare and present persuasive, focused and compelling oral and written communication of your issues, regardless of whether you are representing the moving party or defendant, and regardless of whether your audience is a trial judge, jury, administrative law judge, or other tribunal.

This course offers the opportunity to develop the basic skills necessary to conduct a trial, including developing a case theory and theme, opening statements, direct and cross-examinations of witnesses, use of exhibits, evidentiary objections, and closing arguments. The study of trial techniques is primarily through use of simulations, role-playing, demonstrations, and individual evaluation and feedback.

This course is designed to prepare law students to conduct effective legal research in any setting; while working on a scholarly article or paper, or working as a judicial clerk, as a practitioner in a firm, government, or solo practice. Students will learn about the development of legal research tools and how to evaluate print and electronic resources for currency, authority, comprehensiveness, and utility. By the end of the course, students should be familiar with the entire universe of legal resources, be confident when using online sources, and be able to conduct professional-level legal research in any field, on any legal topic. The course will be divided into two major segments: a lecture and discussion section and a practical “lab” meeting in the library. During these lab sessions the students will use the resources discussed in the lecture portion of the course to conduct hands-on research using traditional print resources as well as electronic resources. Grades will be based on a combination of class participation, research assignments, and two larger writing assignments: a website review and a pathfinder on a topic of the students’ choosing.

This course provides students with a substantive review of Maine law routinely tested on the essay portion of the Maine Bar Exam. The course will include a focused review of the Maine Rules of Civil Procedure, the Maine Rules of Criminal Procedure, the Maine Rules of Appellate Procedure, the Maine Rules of Evidence, and the Maine Rules of Professional Conduct as well as Maine case law interpreting and clarifying those rules. The goal of the course is to enhance student ability to prepare for the essay portion of the bar exam, as well as for the practice of law in Maine. The course is intended to supplement, not replace, commercial bar preparation courses.

Upper-class students may form a group under the guidance of a professor for the purpose of studying an area of the law that is not the subject of a currently-offered course. Group studies may not be composed of fewer than four or more than fourteen students. Such groups must be approved by the Curriculum Committee at least four weeks prior to the beginning of the semester. The members of the group must conduct weekly meetings and each member must submit an individual paper at the end of the semester.

The Independent Writing course is an independent study course where students, in consultation with a faculty adviser, complete a major research paper. Successful completion of the Independent Writing course satisfies the Upper Level Writing requirement, which is a requirement for graduation.

Open to those selected as third-year legal writing instructors.

The Upper Level Writing course is a one-credit course that allows students to satisfy the Upper Level Writing requirement. Students must register for this in connection with a designated course or seminar. After enrolling in the course or seminar and Upper Level Writing, students will write a major research paper in conjunction with the course or seminar and in consultation with a faculty advisor. Successful completion of the designated course or seminar and one-credit Upper Level Writing satisfies the Upper Level Writing requirement, which is a requirement for graduation.

Economic development takes many forms in a wide range of settings.  This course focuses on the domestic policy and practice of development in disadvantaged urban and rural communities, with attention to enterprise organization, finance transactions, and creative use of the law.  We will work through a series of problems that require application of lawyering skills in simulated private sector transactions and in related public policy challenges.  This work implicates corporate law and alternative enterprise forms, as well as federal tax law such as New Markets Tax Credits, the Low Income Housing Credit, and charitable exemptions and constraints.  Instead of a final exam or term paper, student assessment will be based on engagement with entity and deal structuring, document drafting, negotiations, and policy solutions to problems raised in class.

Prerequisites: Business Associations (LAW 601) and Taxation I (LAW 649), or equivalent experience or course work.

Federal income taxation of partners and partnerships (and other business entities such as limited liability companies that are treated as partnerships for tax purposes) is governed by a tax regime that is separate and distinct from those that govern the taxation of individuals (Taxation I) and corporations and their shareholders (Taxation II). The course focuses on various aspects of this unique tax regime including the considerations that affect choice of entity and qualification as a partnership, and the tax consequences to the partnership and its partners in connection with the formation, operation and termination of a partnership, the sale of partnership interests and property, distributions from the partnership to its members and allocations of income, losses, deductions and credits. Taxation I (Law 649) and Business Associations (Law 601) are prerequisites.

A study of the taxation of corporations (including S corporations) and their shareholders, with principal emphasis on the tax consequences of forming, operating, terminating, and selling an interest in a corporation, as well as some exploration of issues arising when one corporation acquires another corporation. Taxation I (Law 649) and Business Associations (Law 601) are prerequisites.

This course explores the tax consequences of creating, acquiring, exploiting, and transferring various intellectual property (IP) assets (including patents, trade secrets, know how, copyrights, trademarks, and computer software) in both domestic and international transactions. The course also explores popular tax-planning strategies used in connection with IP (e.g., the use of domestic and foreign IP holding subsidiaries) and raises interesting tax policy questions. Valuation of IP, the use of IP by non-profit organizations, and special business and estate planning considerations involving IP are also addressed.