Current Curricular Offerings
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.
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.
In addition to participating and leading class discussion, students will be required to write 2 papers: (1) a short paper analyzing one of the Court’s decisions from the 2013-2014 terms, and (2) either a brief for a case which has been appealed to the Supreme Court or a hypothetical Supreme Court opinion for a case in which briefs have been filed or in which the Court has denied the petition for certiorari.
Topics of study include an overview of corporate and organizational governance (definition, history, rationale and importance, board/management duties and functions, law and regulation, conflicts and tensions); identifying rights and responsibilities of stakeholders and key shareholder issues (shareholder activism, impact investing, conflicts of authority with boards and managers); legal and market forces driving organizations toward greater professed social responsibility and sustainability imperatives; ethics in businesses and other organizations; governance and ethics lessons from the great recession; and gatekeepers, including lawyer as business conscience. Students will have the opportunity to interact with CEOs and other executives, board members, general counsel, and nonprofit government leaders who will participate in class discussions from time to time. Evaluation is based upon class participation and two short writing assignments.
In preparation for the course, students will be required to read selected course materials which will be sent to them a week or two in advance of the first class. It is expected that students will spend at least 7 hours and 35 minutes of time on out-of-class work including but not necessarily limited to reading. Students will spend some class time at the Maine Cyber Security Cluster to get hands on experience with the technology fundamentals.
This course provides an introduction to the law of data breach response, focusing on the nuts and bolts of how to plan for and deal with cyber security incidents. The course also covers technology fundamentals needed to be able to assess privacy and cyber security risks and to analyze the legal implications arising from cyber security incidents. We will use as case studies actual security incidents such as the ones reported by Yahoo! Inc. in 2016.
Prerequisites: Business Associations (LAW 601) and Taxation I (LAW 649), or equivalent experience or course work.
Prerequisites: All placements require the successful completion of all first-year courses as well as good academic standing. Some placements also require eligibility for certification as a student attorney or specific coursework.
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.
This course is designed to develop students’ practical research, analytical, writing and oral presentation and communication skills using real world problems in the information privacy and cybersecurity areas. A significant part of the learning relies on students assuming the roles of lawyers and performing law-related 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 matters and will form the basis for a number of different student exercises which will conducted in class or prepared by students out of class. The exercises will focus on key areas of practice in this area. 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, 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 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.
Information Privacy Law (Law 777) is a prerequisite for this course.
Land is an increasingly scarce and valuable resource; Land Use Law increasingly touches upon many substantive practice areas and course topics across the law school curriculum. This is a professional skills and confidence building course dealing with issues that almost every attorney likely will confront sometime, in Maine or elsewhere. As a “practicum,” students will develop necessary practical lawyering skills by engaging in a number of advocacy exercises and in a number of different roles – such as for a development, against it, or deciding whether or approve or reject it. Students will work with specific project facts, and will address federal, Maine and local land use issues as well as professional ethics issues. There will be no mid-term or final examination.
Enrollment is limited to 10 students. Selection by lottery, followed by instructor interview.
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.
Students who have taken Immigration Law (Law 681) will be given priority in the application process.
This course will introduce students to the lawyer’s role in transactional practice and provide practical experience in the dynamics of a corporate “deal.” Students will examine a hypothetical, Maine-based transaction that includes a business acquisition component, a financing component and an equity component. Students will “represent” the various parties to the transaction and work through the required tasks and challenges to bring the transaction to fruition, resulting with a “closing” at the end of the course. Deliverables will include negotiated “deal documents” and other related closing items. Focus of the sessions will alternate between an examination of the substantive issues and their practical application in a “deal” context. Enrollment will be limited to 10 students.
Course Prerequisites: Business Associations, Tax I
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.