SPRING 2015 FIRST ASSIGNMENTS

ACADEMIC SUCCESS WORKSHIP   LAW 695-01, 2 & 3 PROFESSOR ORLEN

ADMINISTRATIVE LAW  LAW 705-03  PROFESSOR WOLF
Please sign-up on Proressor Wolf's Westlaw TWEN site.  He will post all assignments there, including the assignment for the first class on Thursday, January 8, 2015.

ADVANCED LEGAL ANALYSIS II  LAW 799-02  PROFESSOR KUKAS

ADVANCED TOPICS IN EVIDENCE  LAW 650-02  PROFESSOR STONEFIELD
Class 1-January 8   Book and Course Introduction, i-iv Introduction and Character Evidence Review, 1-27 and Rules 401-403, 404-405
Class 2-January 13  Impeachment Review, 28-33, Rules 607-609 and 613
Be sure to register for this course on TWEN.  I will use TWEN as the mechanism for distribution, so you miss out on important information if you are not on TWEN.

ADVANCED TORTS:  BUSINESS TORTS  LAW 604-03  PROFESSOR BLANCHARD

Con-Equi-Tort:  Bad Faith Breach of Contract, Efficient Breach and the Confusion Therein -- What are the Divisions Between Contract and Tort?

Before coming to class, assume the following hypothetical.

You are a lawyer.  You have been approached by a potential client, “Mr. Aggrieved”  (“Mr. A”).  Mr. A tells you he owns a business that makes widgets, "Unique Widgets, Inc."  Mr. A's company has a contract with a business named “Bad Guy” whereby Bad Guy is supposed to purchase 12 widgets over the course of the year, (1 per month), for $240,000 (payable $20,000 per month), along with predetermined delivery fees of $2000 per delivery.  (Mr. A informs you that he is 100% owner of ACME delivery which has been making the deliveries.  The $2,000 fee is far below market rates for these deliveries, i.e. it's a good deal).

Bad Guy recently sent Mr. Aggrieved a letter stating:  “ I have recently learned that I can buy the same widgets you are selling me for only $200,000.  I intend to do so.  I am angry that, during our contract negotiations, you told me that your widgets were the ‘best widgets made.’  I never liked you, and more important, I have now learned that widgets are widgets-- yours are no better or different than anyone else’s.  Incidentally, our contract provides that you may deliver your widgets only through a delivery company of my approval.  You have chosen ACME delivery.  I know I have been receiving deliveries from ACME forever and the rates are cheap, but nonetheless, I do not approve of your use of ACME any longer.  I heard that ACME is actually you, so you're just making more money off me there.  Notwithstanding the foregoing,  I will reconsider if you agree to deliver the widgets at no cost to me, and you drop your price to $220,000. If you agree, I will go forward with our contract and you can use ACME.  Otherwise, you can take your contract and shove it, along with your widgets.”

Mr. A tells you that Bad Guy is in Kansas.  You know that Mr. A’s company is in Mass, and you know that the parties struck their deal and signed their agreement while gambling together at Mohegan Sun in Connecticut, and all deliveries are to be made to Bad Guy’s warehouse in Connecticut.

You charge $200 per hour for your legal services.

In light of your extensive knowledge of the law of contract and tort, the reading below, and business practicalities, think about how you might respond to the following questions (assuming that there is no clear answer as of yet as to what jurisdiction’s law applies):

(1)  Does Mr. A have any legal claims to pursue?

(2)  What damages might he get if successful? What do the damages depend on?

(3)  What facts do you need to know to determine damages?

(4)  Is it worth it for you to sue on Mr. A’s behalf? What questions would you need to ask?

(5)  How would you handle the matter?  What is your strategy? What would you advise?

Reading:
      Joseph M. Perillo, 68 Fordham L. Rev. 1085 March, 2000 Essay MISREADING OLIVER WENDELL HOLMES ON EFFICIENT BREACH AND TORTIOUS INTERFERENCE (read generally for the efficient breach/contract/tort discussion. Don’t worry about tortious interference applications and don’t get hung up on this reading)

BANKRUPTCY  LAW 685-03  HONORABLE HENRY BOROFF

BUSINESS ORGANIZATIONS  LAW 551-03  PROFESSOR SETTY
Please register for the TWEN page for this course.
Casebook p. 1-13 (Who is an agent?)

BUSINESS SUCCESSION PLANING  QWCS 724-02  PROFESSOR ROYAL

CIVIL RIGHTS:  SEC 1983   LAW 737-03  PROFESSOR BUZUVIS
Please register for the course TWEN page, download and review the syllabus, and complete the first assignment that is posted there.

CONSTITUTIONAL LAW  LAW 501-01  PROFESSOR FLYNN

CONSTITUTIONAL LAW  LAW 501-02  PROFESSOR MILLER
First Assignement is posted outside 2nd Floor Faculty Assistants Office.

CONTRACTS  LAW 503-01  PROFESSOR SETTY
Please register for the TWEN page for the course.
Casebook:  pp. 608-615 (In the Matter of Baby M, plus notes follwing the case);  Supplement:  pp. 523-528 (the contract at issue in the Baby M case)

CONTRACTS  LAW 503-02  PROFESSOR CHARITY
Please read pages 608-615 of the Contracts:  Cases and Materials casebook (the Baby M case), as well as Selections pages 523-28 (the contract at issue in the Baby M case).  Also look at Restatement secs. 1-4 and 189-91 to consider the interest of the law in enforcing surrogacy contracts.

CONTRACTS  LAW 503-03  PROFESSOR LEVI

COPYRIGHT LAW  LAW 739-03  PROFESSOR COLBURN
Course Syllabus

CRIMINAL LAW  LAW 505-03  PROFESSOR GOLDSTEIN
During the first two weeks of class, read the Introduction, (pp. 1-19) and the section on Just punishment (pp. 21-27).  You will find that they will make the cases we are discussing in class much more intelligible.  When you have read them, take the "First Quiz" on TWEN.  How well you do on this quiz will not affect your grade, but if you do not a least attempt every question before 12:01 AM January 24, 2015, you will lose one point from your final grade.
1/12:   29-64 and 68-77
1/14:   113-22
1/15:   122-28

CRIMINAL LAW CLINIC  LAWS 920-02  PROFESSOR CAFARO

CRIMINAL PRE-TRIAL PRACTICE  LAWS 617-03  HONORABLE CHARLES GROCE

CRIMINAL PROCEDURE:  ADJUDICATION  LAW 796-02  PROFESSOR BALDWIN

CRIMINAL PROCEDURE:  SIMULTION  LAW 780-02  PROFESSOR CAFARO

Texts:   Subin, The Practice of Federal Criminal Law (Thompson/West 2006)
Garner, The Redbook (3d. ed. 2013)

January 8  Case Analysis and the Role of Burdens and Presumptions

Subin:    §§ 1.0-1.2, 2.0-2.6, 3.0-3.2, 4.0-4.5.
Fed. R. Cr. P. 3, 4(a), 5(a)(b)(d), 5.1(a)(e)(f), 7(a)(c)(e), 12(a)-(e),23(a)-(c), 29(a)-(c), 31(a)-(d)

January 13  Federal and Massachusetts Procedure:  Burden Analysis Applied

Subin:  §§ 4.6-4.11, 5.0-5.11
Mass. Rules:
Mass. R. Cr. P. 3(a)(b)(g), 3.1(a), 4, 5, 6(a)(b), 7(a)-(c), 8, 12(a)
Mass. Rules of Professional Conduct,  §§ 1.1-1.4, 1.6-1.7, 3.3, 3.4 & 3.8
Case File for Commonwealth v. James Green 

DOMESTIC VIOLENCE  LAW 644-3  PROFESSOR LUX

ELDER LAW LAW 664-03  PROFESSOR LOVEJOY
Please read all of "Can't We Talk About Something More Pleasant?" by Roz Chast over Class 1 and 2.  You should read roughly half (the Introduction and Chapters 1-10) for Class 1 and the balannce for Class 2.  In addition, as you read, please make a timeline of the important dates and events.  The timeline will be graded and will be due prior to Class 2.

EMPLOYMENT DISCRIMINATION  LAW 674-02  PROFESSOR BUZUVIS
Please register for the course TWEN page, download and review the syllabus, and complete the first assignment that is posted there.

END OF LIFE ISSUES  LAW 959-02  PROFESSOR NOAH
Please sign up for the course TWEN site and review the syllabus.  There is no assigned text for this course and most of the assignments are available as hot links on the electronic syllabus.  For the first class, please read Barbara A. Noah, In Denial:  The Role of Law in Preparing for Death (available for download at a link on the syllabus via the Social Science Research Network (SSRN)).  We will also discuss a clinical case (to be distributed in class).

ENVIRONMENTAL LAW  LAW 721-02  PROFESSOR STEINER
This course is based on the text by Daniel A. Farber and Ann E. Carlson, Cases and Materials on Environmental Law, Ninth Edition (West).  For the first class (Wednesday, January 7, 2015), please register for TWEN and read and prepare to discuss pp. 2-4 (up to Cannon article), and pp. 12-38.

ESTATE & GIFT TAX  LAW 722-03  PROFESSOR METZGER
1.  Pages 28-32, 65-72, 82-97
2.  Pages 100-112

ESTATE PLANNING QWCS 723-02  PROFESSOR BAKER
Week of January 4 (No class on January 5th)
Introduction; Objectives; Methods; Goals; Non-Estate Plan;
Getting Started-Gathering Information.
Reading:  Price, §§ 1.3, 1.4, 7.1, 7.2, 7.4, 7.5, 7.6.
Suggested Reading:
Shaffer, chs. 1 and 2
Assignment 1:  Choose a State.  Due Assignment 1 - January 16
Assignment 2:  Select a Topic  Due:  Assignment 2 - January 16
Assignment 3:  Prepare Wills for John and Jane Nobody.  Due:  Assignment 3 - February 2

EVIDENCE  LAW 553-03  PROFESSOR STONEFIELD
Class 1 January 7  Book and Course Introduction, i-x Introductory Materials, 1-27; Rules 101-103, 611;  Problems 1-5
Class 2 January 8  Foundations, 27-38; Rules 901-902, 104(a)-(b), 601-603; Problems 6, 7(a)-(c)
Disaggregating Composite Evidence, 38
Be sure to register for this course on TWEN.  I will use TWEN as the mechanism for distribution, so you miss out on important information if you are not on TWEN.

FAIR HOUSING LAW  LAW 658-03  PROFESSOR

FAMILY LAW  LAW 640-03  PROFESSOR FLYNN
The first assignment for Family Law is to read pp. 695-716 in the casebook, Family Law: Cases & Materials (6th ed), Areen, Spindelman & Tsoukala. You *do* need the most recent edition, but there should be plenty of used ones available online. Click here for syllabus.

FEDERAL CRIMINAL LAW  LAW 622-02  PROFESSOR CHARITY
Please read pages 1-75 of Federal Criminal Law and Its Enforcement (this might seem a bit steep, but note that the second chapter has several pages of charts).  Make sure to register for the class TWEN site - there will be links to charts of the U.S. Sentencing Commission.  In looking at Chapter 3, consider what "commerce" means for the purposes of federal government regulation.

INCOME TAX II  LAW 747-02  PROFESSOR METZGER
1.  Pages 210-217; 517-520
2.  Pages 217-227

INTERNATIONAL CRIMINAL LAW   LAW 958-02  PROFESSOR BALDWIN

INTERNATIONAL HUMAN RIGHTS  QWC 792-02  PROFESSOR WOLF
Please sign-up on Professor Wolf's Westlaw TWEN site.  He will post all assignments there, including the assignment for the first class on Thursday, January 8, 2015.

INTERNATIONAL HUMAN RIGHTS CLINIC  LAWS 912-02  PROFESSOR CARASIK

INTRODUCTION TO THE LEGAL PROFESSION  LAW 502-02  DEAN GOUVIN

JUDICIAL EXTERNSHIP  LAWP 907  PROFESSOR KAISER

LAW AND SOCIAL CHANGE  LAW 642-03  PROFESSOR FREEMAN
Assignment for the first class and the syllabus will be posted on a TWEN site no later than Tuesday, January 6.

LAW OFFICE SIMULATION  LAW 636-03  PROFESSOR AGEN
Wednesday, January 7, 2015
Law 636-03 Law Office Simulation
Professor Agen
6:00pm-7:50pm
Room C
In lieu of the class I ask that  the students review the information on TWEN that I’ll be posting

LAW PRACTICE EXTERNSHIP  LAWP 909-10  DEAN COHEN

LEGAL WRITING & ANALYSIS IN PRACTICE  LAW 678-02  PROFESSOR ORLEN

MEDIATION  LAWS 728-02  PROFESSOR KAUFMAN

MEDICAL LIABILITY QUALITY  LAW 704-02  PROFESSOR NOAH 
Please sign up for the course TWEN site and review the syllabus.  Hard copies of the syllabus will be provided in the first class.  For class, please read pp. 1-20 in the assigned text.

MUNICIPAL LAW  LAW 752-03  PROFESSOR RODRIGUEZ-ROSS
Required text:
Richard Briffault & Laurie Reynolds, Cases and Materials on State and Local Government Law, (7th ed. West 2009)
Chapter 1: Intro to State and Local Government.  Read pages 1-37 & 51-67

NEW YORK PRACTICE AND PROCEDURE  LAW 770-03  PROFESSOR POWERS
Course Syllabus

PROFESSIONAL RESPONSIBILITY  LAW 575-03  PROFESSOR O'REGAN

PROPERTY  LAW 511-01 & 02  PROFESSOR GAUDIO
For the first week the assignment for Property will be pages 1-37 in Property (Concise ed.), by Dukeminier, et. al. Assignments will also be posted on the entry screen for Property on TWEN.

PROPERTY  LAW 511-03  PROFESSOR GORDON
Go over the midterm exam and review the Estates in Land material discussed before the semester break.

REAL ESTATE DEVELOPMENT  LAWS 657-02  PROFESSOR GAUDIO

SMALL BUSINESS CLINIC  LAWS 944-03  PROFESSOR STATCHEN

TOXIC TORTS  QWCS 768-02  PROFESSOR STEINER
Please register for TWEN and read Assignment 1.  Also read Jean Macchiaroli Eggen, The Synergy of Toxic Tort Law and Public Health:  Lessons from a Century of Cigarettes, 41 Conn. L. Rev. 561 (2008), available at http://ssrn.com/abstract=1285547.  Note that all materials for this class will either be posted on TWEN or handed out in class.

TRANSACTIONAL LAWYER SEMINAR  LAWS 777-03  PROFESSOR JOHNSON
Reading Assignment -- Chapter 1: Essential Concepts of Business for Lawyers -- Rhee.
Written Assignment: Provide the full name and address of any Massachusetts corporation or limited liability company along with the full names of the individuals who could execute legal documents on behalf of the entity.

TRIAL METHODS  LAWS 681-03  HONORABLE CHARLES BELSKY

TRUSTS & ESTATES  LAW 748-02  PROFESSOR GORDON
JESSE DUKEMINIER AND ROBERT SITKOFF, WILLS, TRUSTS, AND ESTATES, 9TH ED. 2013 - read Preface xxxiii-xxxvi, then pages 1-28 (prepare Shapira v. Union National Bank (5)),  41-51 [read pages pages carefully for an overview of the mechanics of wealth succession].

WHITE COLLAR CRIME  LAW 611-02  PROFESSOR GOLDSTEIN
Casebook:  Brickey, Corporate and White Collar Crime, 5th ed. (2011)  ISBN 9780735590212
1/7/15:   chapter 1 and the deferred prosecution agreements for KPMG and Bristol Meyers Squib on TWEN
1/12/15:   chapter 2

LAWYERING SKILLS II   LAW 508-10  DEAN COHEN

LAWYERING SKILLS II  LAW 508-11 & 16  PROFESSOR KAISER

LAWYERING SKILLS II  LAW 508-12 & 03  PROFESSOR CUFFEE

LAWYERING SKILLS II  LAW 508-15  PROFESSOR ORLEN

LAWYERING SKILLS II  LAW 508-17 & 18  PROFESSOR HARRIS



     


 

 

 

 

 

 

 





 

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Main University: 413-782-3111
Admissions: 413-782-1406 or 800-782-6651