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Student Affairs Guide - Howard University School of Law

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HOWARD UNIVERSITY SCHOOL OF LAWSTUDENT AFFAIRS GUIDERevised August 2012Rev. August 2012i


HOWARD UNIVERSITY SCHOOL OF LAWSTUDENT AFFAIRS GUIDE(Revised July 2012)TABLE OF CONTENTSPART I. .......................................................................................................................................2PREFACE ................................................................................................................................2THE MISSION AND OBJECTIVES OF THE SCHOOL OF LAW ..................................................3PART II ......................................................................................................................................6THE SCHOOL OF LAW JURIS DOCTOR DEGREE PROGRAM .................................................62-100 REQUIREMENTS FOR THE JURIS DOCTOR DEGREE & HONORS ..........................62-101 Degree Requirements.......................................................................................62-102 Requirements for Graduating with Honors ..................................................62-103 Requirements for Participation in <strong>School</strong> <strong>of</strong> <strong>Law</strong> GraduationCeremonies .......................................................................................................72-200 STUDENT RESPONSIBILITY AND NON-WAIVER OF ACADEMICREQUIREMENTS .....................................................................................................................72-300 JURIS DOCTOR CURRICULUM ...............................................................................82-301 Aims ...................................................................................................................82-400 THE REQUIRED CURRICULUM ..............................................................................82-401 Required First Year Courses ..........................................................................82-402 Required Upper-Level Courses ......................................................................92-403 Academic Requirements Not Tied to a Specific Course ...............................9(A) Legal Writing III ..............................................................................................9(B) The Skills Course Requirement ......................................................................92-404 Academic Achievement Program .................................................................10(A) Second-Semester Academic Achievement Program. ..................................10(B) Third-Semester Academic Achievement Program. ....................................10(C) Additional Workshops for the <strong>Student</strong> Body ..............................................112-500 THE ELECTIVE CURRICULUM .............................................................................112-501 In General .......................................................................................................112-502 Doctrinal Courses...........................................................................................112-503 Seminars..........................................................................................................112-504 Skills Courses .................................................................................................112-505 <strong>Law</strong> Clinics and Externships ........................................................................12(A) In-house Clinical Programs ..........................................................................12(B) D.C. <strong>Law</strong> <strong>Student</strong>s in Court ..........................................................................12(C) Externships .....................................................................................................12Rev. August 2012ii


(D) Limit on Clinic Credits ..................................................................................122-506 Independent Study .........................................................................................13(A) Purpose............................................................................................................13(B) Eligibility .........................................................................................................13(C) Completion and Submission to the Office <strong>of</strong> the Academic Dean .............13(D) Requirements <strong>of</strong> the Written Proposal ........................................................13(E) Faculty Advisor ..............................................................................................14(F) Process after <strong>Student</strong> Submits the Proposal ................................................15(G) Registration Required ...................................................................................15(H) Limit on Independent Study Credit .............................................................16(I) Final Advice to the <strong>Student</strong> Applicant .........................................................162-600 SPECIAL PROGRAMS ............................................................................................172-601 Overseas Study ...............................................................................................17(A) South Africa Study Abroad Program ..........................................................17(B) Jamaica Study Abroad Program ..................................................................17(C) Other Study Abroad Programs ....................................................................172-602 <strong>Student</strong> Exchange Programs .........................................................................172-603 Joint J.D./M.B.A. Program ...........................................................................182-700 CO-CURRICULAR ACTIVITIES .............................................................................182-701 <strong>Howard</strong> <strong>Law</strong> Journal ......................................................................................18(A) General ............................................................................................................18(B) Two-Year Commitment Requirement .........................................................18(C) Application to Participate .............................................................................18(D) Satisfaction <strong>of</strong> Legal Writing III through Journal Participation ..............19(E) No Additional Academic Credit for LWIII Credit Earned throughJournal ............................................................................................................19(F) No Independent Study Credit .......................................................................192-702 Moot Court .....................................................................................................19(A) National Moot Court Team ...........................................................................19(B) International Moot Court Team ...................................................................20(C) Trial Advocacy Moot Court Team ...............................................................20PART III. ..................................................................................................................................23ACADEMIC RULES, REQUIREMENTS, AND POLICIES ..........................................................233-100 CONSTRUCTION AND COORDINATION WITH OTHER RULES ..............................233-200 STUDENT STATUS; COURSE LOAD REQUIREMENTS; RESIDENCY, GRADEPOINT CALCULATION; AND CLASS RANK ..........................................................................233-201 <strong>Student</strong> Status and Course Credit Generally ..............................................233-202 Full-time status for general law school purposes ........................................243-203 Full-time status for tuition calculation purposes ........................................243-204 Credits Required for Particular Grade-level Status ...................................253-205 Upper Division <strong>Student</strong> defined ....................................................................253-206 Effect <strong>of</strong> Failing a Course; Repetition <strong>of</strong> Failed Courses ...........................25(A) Required courses ............................................................................................25(B) Elective courses ..............................................................................................25Rev. August 2012iii


3-207 Reduced Course Loads ..................................................................................253-208 Course Loads Exceeding 16 Credits .............................................................253-209 Irregular Program Schedules .......................................................................263-210 Six Semester Residency Requirement ..........................................................263-211 Final Year Residency Requirement .............................................................263-212 Grade Point Average .....................................................................................263-213 Class Rank ......................................................................................................26(A) Stand-Alone GPA and Stand-Alone Rank ...................................................26(B) Cumulative GPA and Cumulative Rank .....................................................27(C) Transfer Grades Excluded ............................................................................27(D) Examples .........................................................................................................273-300 REGISTRATION, DROPPING AND ADDING COURSES, LEAVE OF ABSENCE,WITHDRAWAL FROM SCHOOL ............................................................................283-301 Registration Procedures and Requirements ................................................283-302 First-Year <strong>Student</strong>s ........................................................................................283-303 Approval <strong>of</strong> <strong>Student</strong> Academic Programs for the <strong>Student</strong>’s SecondYear .................................................................................................................283-304 Approval <strong>of</strong> Academic Programs for the <strong>Student</strong>’s Third Year ...............283-305 Add/Drop Period ............................................................................................293-306 Dropping Courses after the Add/Drop Period ............................................293-307 Auditing Courses ............................................................................................293-308 Leave <strong>of</strong> Absence ............................................................................................293-309 Complete Withdrawal from <strong>School</strong> ..............................................................303-310 Total Withdrawal Procedure ........................................................................303-400 CREDIT FOR COURSES TAKEN AT OTHER LAW SCHOOLS .................................333-401 Prior Approval Required for Transfer Credit ............................................333-402 Minimum Grade Required for Transfer Credits ........................................333-404 Transfer Credits for Required Courses .......................................................333-405 Transfer Credits for Elective Courses .........................................................343-500 RETENTION STANDARDS .....................................................................................353-501 First-Year Juris Doctor <strong>Student</strong>s .................................................................35(A) Limit on Failed Courses ................................................................................35(B) Minimum G.P.A Required. ...........................................................................353-502 Upper Level <strong>Student</strong>s and Transfer <strong>Student</strong>s .............................................35(A) Limit on Failed Courses ................................................................................35(B) Minimum G.P.A. Required ...........................................................................36(C) Probation ........................................................................................................363-600 DISCIPLINE AND TERMINATION ..........................................................................383-601 Automatic Termination for Failing to Meet Retention Standards ............383-602 Discipline and Termination on Other Grounds ..........................................383-700 READMISSION ......................................................................................................393-701 Eligibility for Readmission <strong>of</strong> a <strong>Student</strong> Who Formally Withdrew ..........393-702 Eligibility for Readmission <strong>of</strong> Other <strong>Student</strong>s ............................................393-703 Process for Readmitting <strong>Student</strong>s ................................................................39Rev. August 2012iv


3-704 Timing <strong>of</strong> Readmission ..................................................................................403-705 Criteria for Readmission ...............................................................................403-706 Review by Full Faculty ..................................................................................403-707 <strong>Student</strong> <strong>Affairs</strong> Committee <strong>Guide</strong>lines for Readmission AfterAcademic Dismissal .......................................................................................40(A) Readmission after a student is dismissed for academic reasons ...............41(B) Interpretation <strong>of</strong> the Rule .............................................................................423-708 Conditions Applicable to <strong>Student</strong>s Readmitted After AcademicDismissal .........................................................................................................433-800 ATTENDANCE POLICY .........................................................................................44(A) Statement <strong>of</strong> Policy ........................................................................................44(B) Purposes ..........................................................................................................44(C) Applicability ...................................................................................................44(D) Definitions .......................................................................................................44(E) Rules <strong>of</strong> Procedure .........................................................................................45(F) Exceptions and Waivers ................................................................................46(G) Timing and Makeup Sessions .......................................................................46(H) Effective Date .................................................................................................463-900 THE GRADING SYSTEM .......................................................................................473-901 Finality <strong>of</strong> Grades ..........................................................................................473-902 Numerical Grades ..........................................................................................473-903 Pass/Fail Grades .............................................................................................473-904 Anonymous Grading ......................................................................................473-905 Timing <strong>of</strong> Final Written Examinations ........................................................483-906 Excuse for Not Taking an Examination .......................................................483-907 Effect <strong>of</strong> Absence from the Examination .....................................................483-908 Re-examination ..............................................................................................483-909 Final Papers and Final Projects—When Due .............................................49(A) General Rule ...................................................................................................49(B) Graduating <strong>Student</strong>s ......................................................................................493-910 Other Papers and Other Work .....................................................................493-911 Effect <strong>of</strong> Failure to Submit Papers or Other Work on Time .....................493-912 Incompletes .....................................................................................................493-913 Grade Normalization .....................................................................................51(A) General Applicability.....................................................................................51(B) First Year Required Courses ........................................................................52(C) Evidence, Constitutional <strong>Law</strong> II, and Pr<strong>of</strong>essional Responsibility ...........52(D) Upper Level Courses with 30 or More <strong>Student</strong>s .........................................53(E) Upper Level Courses with Fewer than 30 but more than 10 <strong>Student</strong>s .....53(F) Upper Level Courses with 10 or Fewer <strong>Student</strong>s ........................................53(G) Grade Normalization Rounding Rules.........................................................54(H) Exclusion <strong>of</strong> LL. M. <strong>Student</strong>s from Normalization Standards ...................543-914 Review <strong>of</strong> Examinations and Papers ............................................................543-915 Review Procedure When the Instructor and Exam or Paper AreRev. August 2012v


Available .........................................................................................................543-1000 ACADEMIC CODE OF CONDUCT ..........................................................................563-1001 Discipline for Violations ................................................................................563-1002 Cheating ..........................................................................................................563-1003 Plagiarism .......................................................................................................563-1004 Seriousness <strong>of</strong> Academic Purpose.................................................................573-1005 Employment....................................................................................................573-1100 GRIEVANCE AND DISCIPLINARY PROCEDURES ..................................................583-1101 Coordination with Procedures Specified in Particular Rules. ...................583-1102 Enforcement Procedure under the <strong>Howard</strong> <strong>University</strong> AcademicCode <strong>of</strong> <strong>Student</strong> Conduct. .............................................................................583-1103 <strong>Student</strong>-Initiated Academic Grievance Procedures ...................................593-1104 The Informal Process To Address <strong>Student</strong>-Initiated AcademicGrievances ......................................................................................................593-1105 The Formal Process To Address <strong>Student</strong>-Initiated AcademicGrievances ......................................................................................................603-1106 Grievances Relating to Faculty .....................................................................613-1200 Construction, Interpretation, and Amendment ..........................................613-1201 Construction ...................................................................................................613-1202 Authority to Interpret....................................................................................613-1203 Amendments ...................................................................................................61PART IV. ..................................................................................................................................64J.D./M.B.A. PROGRAM .......................................................................................................644-101 General ............................................................................................................644-102 Degree Requirements.....................................................................................644-103 Allocation <strong>of</strong> Credits ......................................................................................644-104 Transferability <strong>of</strong> grades. ..............................................................................64PART V. ....................................................................................................................................66MASTER OF LAWS PROGRAM .............................................................................................665-100 GENERAL .............................................................................................................665-101 Governing Rules .............................................................................................665-102 Purposes ..........................................................................................................665-103 Degree Requirements.....................................................................................675-104 Certificate in Comparative and International <strong>Law</strong> ....................................675-200 LL.M. COURSE OF STUDY ...................................................................................685-201 LL.M. Required Coursework .......................................................................685-202 LL.M. Writing Requirement ........................................................................685-203 Requirements for an LL.M. Thesis ..............................................................685-204 Internship........................................................................................................695-300 OTHER LL.M. REQUIREMENTS ..........................................................................695-301 Minimum grade for credit.............................................................................695-302 Limit on Failed Courses ................................................................................69Rev. August 2012vi


5-303 Viability <strong>of</strong> Courses .............................................................................................695-400 REGISTRATION AND OTHER FORMAL REQUIREMENTS .....................................695-401 Registration ....................................................................................................695-402 LL.M. Program Formalities..........................................................................70APPENDICES ...........................................................................................................................725APPENDIX A—COURSE OFFERINGS AND COURSE DESCRIPTIONS ..................................735Required Courses .........................................................................................................735Electives ........................................................................................................................735COURSE DESCRIPTIONS .................................................................................................791APPENDIX A2—THE LEGAL REASONING, RESEARCH, AND WRITING PROGRAM .........122APPENDIX B—APPROVED SKILLS COURSES ..................................................................1224APPENDIX C—JD/MBA PROGRAM APPROVED COURSES ...........................................1235APPENDIX D—MINI COURSES ..........................................................................................126APPENDIX E—FAMILY LAW CERTIFICATE PROGRAM ...................................................130APPENDIX F—CLASS MURAL FORMAT............................................................................135Rev. August 2012vii


PART I.PREFACETHE MISSION AND OBJECTIVES OF THE SCHOOL OF LAWRev. August 2012


HOWARD UNIVERSITY SCHOOL OF LAWSTUDENT AFFAIRS GUIDEPART I.PREFACE1-100 This <strong>Guide</strong> contains the rules and regulations which, together with the rules andregulations in the <strong>Howard</strong> <strong>University</strong> Bulletin and <strong>Howard</strong> <strong>University</strong> H Book(and regulations referred to therein), govern law students attending the <strong>Howard</strong><strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>. The <strong>Howard</strong> <strong>University</strong> Bulletin and the <strong>Howard</strong><strong>University</strong> H-Book contain or refer to the <strong>University</strong>’s Academic Code <strong>of</strong> <strong>Student</strong>Conduct and Judiciary, rules regarding student conduct, harassment, alcohol andnarcotic use, parking, and more. All <strong>Howard</strong> law students are subject to thoserules and regulations to the extent those rules and regulations are applicable in thelaw school setting. All rules and regulations are to be read and construed inconjunction with all other rules and regulations in or referred to in these sources.In the event <strong>of</strong> a conflict between a rule or regulation or standard in this <strong>Guide</strong>and the <strong>University</strong>’s Academic Code <strong>of</strong> <strong>Student</strong> Conduct, the <strong>University</strong>’sAcademic Code <strong>of</strong> <strong>Student</strong> Conduct shall control.1-101 This <strong>Guide</strong> also describes the law school’s academic requirements and thecurriculum. The rules and regulations, academic requirements, and the curriculumare subject to change during the time a particular student attends the law school.Such changes will be adopted and implemented in such a manner as not toprejudice students who have relied on the <strong>Guide</strong> provisions with respect tograduation requirements.1-102 <strong>Student</strong>s participating in the J.D./M.B.A. Program are also subject to the rules andregulations <strong>of</strong> the <strong>School</strong> <strong>of</strong> Business.1-103 <strong>Student</strong>s participating in the Master <strong>of</strong> <strong>Law</strong>s (LL.M.) Program are subject to therules and regulations in this <strong>Guide</strong>, including the general requirements academicpolicies and rules in Part III below and are subject to the special requirements inthe LL.M. part <strong>of</strong> this <strong>Guide</strong>. The LL.M. Bulletin governs matters relating to the.LL.M. program to the extent the LL.M. Bulletin is not inconsistent with this<strong>Guide</strong>, with the <strong>University</strong> Bulletin, and with the <strong>University</strong> H-Book.1-104 All law students are cautioned that changes will be made to the rules andregulations contained in this <strong>Guide</strong> and, in some circumstances those changes willnot be incorporated into the <strong>Guide</strong> immediately. In such cases, an addendum tothis <strong>Guide</strong> will be issued from the dean’s <strong>of</strong>fice as soon as is practicable.Rev. August 2012 2


THE MISSION AND OBJECTIVES OF THE SCHOOL OF LAW1-201 <strong>Howard</strong> <strong>University</strong> is a comprehensive, research-oriented, historically blackprivate university providing an educational experience <strong>of</strong> exceptional quality tostudents <strong>of</strong> high academic potential with particular emphasis upon the provision<strong>of</strong> educational opportunities to promising black students. Further, the <strong>University</strong>is dedicated to attracting and sustaining a cadre <strong>of</strong> faculty who are, through theirteaching and research, committed to the development <strong>of</strong> distinguished andcompassionate graduates and to the quest for solutions to human and socialproblems in the United States and throughout the world. 11-202 The mission <strong>of</strong> the <strong>Law</strong> <strong>School</strong> derives from the <strong>University</strong>’s mission. In oursociety, lawyers greatly influence-and indeed they are significant decisionmakersin-both the public and private sectors. Consistent with providing thepr<strong>of</strong>essional leadership necessary to advocate for and defend the rights <strong>of</strong> allpeople, but particularly <strong>of</strong> African Americans and other minorities, it is themission <strong>of</strong> the <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>:(A)(B)(C)To educate and enable its students to develop their highest capabilities andskills as lawyers;To engage as an institution in the active pursuit <strong>of</strong> solutions to domesticand international legal, social, economic, and political problems that are <strong>of</strong>particular concern to minority groups; andTo imbue its students with dedication to excellence and commitment tothe Solutions to those problems.1-203 The Faculty has adopted the following educational objectives to accomplish the<strong>School</strong> <strong>of</strong> <strong>Law</strong> mission:(A)(B)(C)(D)To provide our students with a sound legal education;To provide our students with the necessary knowledge and skills to becompetent attorneys;To afford our students an opportunity to become acquainted with andequipped in those areas <strong>of</strong> the law which will facilitate their involvementand effectiveness in community affairs;To afford our students an opportunity to become acquainted with andequipped in those areas <strong>of</strong> the law relating to contemporary developments;1 The <strong>Howard</strong> <strong>University</strong> Mission Statement (Approved by the Board <strong>of</strong> Trustees, September 24, 1988)Rev. August 2012 3


and(E)To afford our students an opportunity to obtain practical legal trainingthrough participation in skills courses, externships, or clinical legalexperiences.Rev. August 2012 4


PART IITHE SCHOOL OF LAW JURIS DOCTOR DEGREE PROGRAMRev. August 2012 5


PART II.THE SCHOOL OF LAW JURIS DOCTOR DEGREE PROGRAMAND HONORS REQUIREMENTS2-100 Requirements for the Juris Doctor Degree & Honors2-101 Degree RequirementsTo earn the Juris Doctor degree, a student must meet the following academicrequirements within seven (7) calendar years <strong>of</strong> completion <strong>of</strong> the first semester inthe law school:(A)(B)Successful completion <strong>of</strong> at least 88 semester hours <strong>of</strong> academic credit;Successful completion <strong>of</strong> the required curriculum as described in Sections2-302, 303, and 304;(C) Achievement <strong>of</strong> a cumulative weighted grade-point average <strong>of</strong> at least 75;(D)(E)(F)(G)No outstanding failure (i.e., no failure in a course which has not been retakenand passed) in any required course, or in more than one electivecourse;Except in special or unusual circumstances, residence at the <strong>School</strong> <strong>of</strong><strong>Law</strong> for the last full year <strong>of</strong> study immediately preceding the granting <strong>of</strong>the degree;Certification by the Faculty as having satisfied the academic requirements<strong>of</strong> the <strong>University</strong> and the <strong>School</strong> <strong>of</strong> <strong>Law</strong>; andSatisfactory settlement <strong>of</strong> all financial and other obligations to <strong>Howard</strong><strong>University</strong> and the <strong>School</strong> <strong>of</strong> <strong>Law</strong>.2-102 Requirements for Graduating with HonorsHonors are awarded to those students graduated with the following grade pointaverages (as determined without rounding to the next highest integer):Summa cum laude 96.00Magna cum laude 92.00Cum laude 89.00Rev. August 2012 6


2-103 Requirements for Participation in <strong>School</strong> <strong>of</strong> <strong>Law</strong> Graduation CeremoniesNo student shall participate in the graduation ceremonies <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong>without satisfying the degree requirements listed in Section 2-101. Graduationceremonies include, but are not limited to, Baccalaureate and the Hooding andDegree Presentation ceremonies.2-200 <strong>Student</strong> Responsibility and Non-Waiver <strong>of</strong> Academic RequirementsEach student is responsible for insuring (1) that he/she complies with all <strong>of</strong> therequirements for graduation and (2) that his/her record accurately reflects thatcompliance, notwithstanding any provision in these rules, policies, andregulations which may seem to indicate to the contrary; including, but not limitedto provisions requiring faculty advisor or decanal approval <strong>of</strong> student programs.Approval <strong>of</strong> a student’s academic program by a faculty advisor or by the lawschool administration does not constitute a waiver <strong>of</strong> any <strong>of</strong> the requirementsfor graduation.Rev. August 2012 7


2-300 Juris Doctor Curriculum2-301 AimsThe Juris Doctor curriculum is designed to achieve the <strong>School</strong> <strong>of</strong> <strong>Law</strong>’s missionand objectives. The curriculum includes both required courses and many electivecourses. The first year courses are all required. Most upper level courses, i.e.,second and third year courses, are electives. The curriculum is designed to permita student to plan the student’s own legal education within the limits <strong>of</strong> theschool’s resources. The <strong>School</strong> <strong>of</strong> <strong>Law</strong> may, from time to time, issue courseselection guidelines to assist students in planning their courses <strong>of</strong> study. The<strong>School</strong> <strong>of</strong> <strong>Law</strong> reserves the right to limit the freedom <strong>of</strong> choice <strong>of</strong> electives forcertain students with demonstrated weak performance.2-400 The Required Curriculum2-401 Required First Year Courses ∗(Applies to all classes beginning with class <strong>of</strong> 2013)FallContracts (year) 3Torts (semester)LRRW (year) 2Legal Methods/Civil Rights (semester) 2Civil Procedure I (semester) 4Total Credits (fall) 154 ∗∗SpringContracts (year) 2LRRW (year) 2Constitutional <strong>Law</strong> I (semester) 3Criminal <strong>Law</strong> (semester) 3Real Property (semester) 4Total Credits (spring) 14Total Credits: 29 Credit hours∗ Applies to all classes beginning with the Class <strong>of</strong> 2013.∗∗ The required First year curriculum for the Class <strong>of</strong> 2012 is slightly different. The Class <strong>of</strong> 2012 wasrequired to take two semesters <strong>of</strong> Torts – Torts I (3credits) and Torts II (2 credits) for a total <strong>of</strong> 30 credithours for the First year.Rev. August 2012 8


2-402 Required Upper-Level CoursesSecond Year: FallConstitutional <strong>Law</strong> II 3Second Year: Fall or SpringLegal Writing II 2Second or Third Year: Fall or SpringEvidence 4Pr<strong>of</strong>essional Responsibility 3Total Credits 122-403 Academic Requirements Not Tied to a Specific Course(A)Legal Writing IIILegal Writing III (LW III) is not a specific course; instead, it is asignificant scholarly writing requirement which can be met in a number <strong>of</strong>ways as described more fully in Appendix A <strong>of</strong> this <strong>Guide</strong>. To satisfy theLW III requirement, each student is required to complete, under thesupervision <strong>of</strong> a full-time faculty member (not an adjunct or instructorwho is not a faculty member and employed under a full-time contract) (1)in-depth research in a specialized area, resulting in (2) a written product inwhich the issues are fully analyzed and supportable conclusionsarticulated. Typically, the Legal Writing III requirement is satisfied in thestudent’s third year.All students must complete a Legal Writing III disclosure form whichidentifies the course, independent study, or journal in which they eitherhave completed or intend to complete this requirement. The student mustsubmit the form to the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong> for signature by theassociate dean no later than two months prior to graduation. The formmust be signed by the faculty member who supervised or is supervising orhas agreed to supervise and grade the student’s written product. No creditstoward meeting the graduation credit requirement are given for LW III.(B)Skills Course RequirementEach student is required to complete at least one skills course (a minimum<strong>of</strong> 2 credit hours) selected from a set <strong>of</strong> courses designated by the facultyas “Skills Courses.” The list <strong>of</strong> approved skills courses is in Appendix B.Rev. August 2012 9


2-404 Academic Achievement Program(A)Second-Semester Academic Achievement Program (1L AAPProgram).Fifteen (15) students are selected to participate in the AcademicAchievement Program (AAP) in the second semester <strong>of</strong> their first year.The five (5) students with the lowest GPAs in each <strong>of</strong> the three first-yearsections are required to participate in this program.First, students participate in a tutorial class that places great emphasis onoral and written legal analysis. In addition, students take the AAP Skillscourse once each week. The AAP Coordinator teaches the AAP Skillscourse. These students begin the AAP program after it is determined theyqualify for admission to the program. They do not receive any coursecredit for AAP classes. Finally, participation for students who qualify forthe program is mandatory. <strong>Student</strong>s who qualify for this program mustparticipate in order to continue as a student at the law school. <strong>Student</strong>swho participate in this program remain anonymous to the rest <strong>of</strong> the firstyearclass and they will have the same number <strong>of</strong> credit hours as theirclassmates.Failure to participate is a basis for dismissal. Successful participationand completion means no more than three unexcused absences,getting work in on time and otherwise complying with therequirements set forth in the syllabus for the Program.(B)Third-Semester Academic Achievement Program (2L AAP Program).At the end <strong>of</strong> the first year, if a student has a GPA between 72 and 74.99,the student will be placed on probation and is required to participate in the2L AAP course in his or her third semester. The AAP course meets threetimes per week.This course focuses on legal analysis and exam writing.<strong>Student</strong>s do not receive credit but participation in this class is a condition<strong>of</strong> academic probation. The goal is to improve the amount <strong>of</strong> analyticalrigor that students receive in classes through concentration on legalanalysis and application <strong>of</strong> legal principles to facts, regular testing underexam conditions and regular feedback.<strong>Student</strong>s on probation must participate in and successfully complete thenon-credit, three-hour Academic Achievement Program in the fall <strong>of</strong> thesecond year. Successful participation and completion means no morethan three unexcused absences, getting work in on time and otherwisecomplying with the requirements set forth in the syllabus for theRev. August 2012 10


Program. Failure to participate is a basis for dismissal. The syllabus willbe given out at the beginning <strong>of</strong> the Program. In extraordinarycircumstances, the Dean or the Dean’s designee may fashion anappropriate remedy where a student required to participate in thisAcademic Achievement Program fails to satisfy the requirementsregarding attendance and timely submission <strong>of</strong> work.(C)Additional Workshops for the <strong>Student</strong> BodyFurthermore, the AAP Coordinator also <strong>of</strong>fers workshops to the entirestudent body. These workshops focus on study skills and exampreparation.2-500 Elective Curriculum2-501 In GeneralIn addition to the required courses, the law school <strong>of</strong>fers numerous upper-levelelectives. The elective curriculum is designed to provide students with theopportunity to obtain a general legal education with a focus on civil and humanrights and to provide students interested in deeper exploration <strong>of</strong> a particular fieldcovered in the curriculum the opportunity to begin to specialize. An alphabeticallisting <strong>of</strong> the electives and descriptions <strong>of</strong> all approved courses are in theAppendix.2-502 Doctrinal CoursesThe law school <strong>of</strong>fers a wide variety <strong>of</strong> doctrinal electives. These courses focusprimarily on legal reasoning and legal doctrine, including the principles andpolicies underlying the subject. Doctrinal courses are typically taught usingpredominantly Socratic dialogue, lecture, problems, and discussion teachingmethods, as well as through the incorporation <strong>of</strong> skills exercises.2-503 SeminarsThe law school <strong>of</strong>fers many opportunities for students to take seminars. Seminarsare paper courses and typically focus more narrowly on particular subjects in thelaw than do doctrinal courses. Enrollment in seminars is generally limited to 15 or16 students at the discretion <strong>of</strong> the pr<strong>of</strong>essor. Examples <strong>of</strong> such courses are Race,<strong>Law</strong> and Change, and Gender and the <strong>Law</strong>2-504 Skills CoursesSome law school courses are designated as skills courses. These courses focusRev. August 2012 11


primarily on teaching legal reasoning and discrete legal skills such as anegotiation or litigation skills. Examples <strong>of</strong> such courses are Legal Drafting,Pretrial Litigation, and Trial Advocacy.2-505 <strong>Law</strong> Clinics and ExternshipsThe <strong>School</strong> <strong>of</strong> <strong>Law</strong>’s clinical courses and externship programs are <strong>of</strong>fered throughthe Clinical <strong>Law</strong> Center. The primary goal <strong>of</strong> the Clinical <strong>Law</strong> Center is toprovide a high quality course <strong>of</strong> training that teaches students the skills necessaryfor the effective practice <strong>of</strong> law. The model is one <strong>of</strong> learning throughexperience, while providing assistance to the poor and the under-represented <strong>of</strong>the greater metropolitan District <strong>of</strong> Columbia area. <strong>Student</strong>s must apply for andbe accepted into all clinical and externship programs. For applicationinformation and deadlines, please contact the Clinical <strong>Law</strong> Center.(A)In-house Clinical ProgramsThe Clinical <strong>Law</strong> Center <strong>of</strong>fers five in-house, actual-client clinicalexperiences: (1) Criminal Justice Clinic, (2) Alternative DisputeResolution Clinic, (3) Fair Housing Clinic, (4) Civil Rights Clinic, and(Environmental Justice Clinic. All <strong>of</strong> these clinical <strong>of</strong>ferings are taught bytenured, tenure-track, adjunct faculty, or supervising attorneys at the<strong>School</strong> <strong>of</strong> <strong>Law</strong>. <strong>Student</strong>s attend the classroom component <strong>of</strong> the coursesat the <strong>School</strong> <strong>of</strong> <strong>Law</strong>.(B)D.C. <strong>Law</strong> <strong>Student</strong>s in CourtThrough the Clinical <strong>Law</strong> Center, students may also enroll in the D.C.<strong>Law</strong> <strong>Student</strong>s in Court Program—an actual-client clinical course <strong>of</strong>feredthrough a consortium <strong>of</strong> local-area law schools.(C)ExternshipsThe <strong>School</strong> <strong>of</strong> <strong>Law</strong>’s externship program is also <strong>of</strong>fered through theClinical <strong>Law</strong> Center and includes four separate externships: (1) GeneralExternship, (2) Fair Housing Externship, (3) Securities & ExchangeCommission Externship, and (4) Internal Revenue Service Externship.(D)Limit on Clinic CreditsA student may not earn more than 18 credits from clinic/externshipcourses.Rev. August 2012 12


2-506 Independent Study(A)PurposeA student may apply for permission to register for an Independent Studycourse in order to conduct in depth study <strong>of</strong> a topic that cannot be fullyexplored or examined in a regularly <strong>of</strong>fered course.(B)EligibilityA student must satisfy the following requirements to be permitted toregister for an Independent Study course:(1) The student must have earned a cumulative weighted average <strong>of</strong>80.00 or better at the end <strong>of</strong> the second year to be eligible toundertake an Independent Study for credit.(2) The student must have the written agreement <strong>of</strong> a full-time facultymember to supervise the project.(3) The student must submit a written request for approval to do anIndependent Study course to the Academic and Joint DegreePrograms Committee. This request to the APC must be during thesemester preceding the semester in which the student intends tocommence independent study. The deadline is established by theOffice <strong>of</strong> the Academic Dean and published to the student body.The Independent Study course proposal must be in accordancewith the guidelines set forth in these instructions.(C)Completion and Submission to the Office <strong>of</strong> the Academic DeanOnce the Independent Study project is completed then the student mustsubmit a copy <strong>of</strong> the completed project to the Office <strong>of</strong> the AcademicDean. The student who successfully completes the independent studyproject will earn two (2) credit hours. The Independent Study is eligiblefor Legal Writing III credit if the work satisfies all <strong>of</strong> the requirements forLegal Writing III papers.(D)Requirements <strong>of</strong> the Written ProposalThe written proposal may be in the form <strong>of</strong> a memorandum that describesthe problem or issue that will be addressed in the independent study, setsforth a research plan that indicates that the student did some preliminaryRev. August 2012 13


esearch in order to submit the proposal, a description <strong>of</strong> the anticipatedobjective(s) <strong>of</strong> the project in terms <strong>of</strong> potential issues that will beaddressed and proposed solution(s). The memorandum must be aminimum <strong>of</strong> may be two (2) to four (4) pages and single spaced. In sum,the written proposal should follow a format that addresses the followingquestions:(1) What is the problem being addressed by the project?(2) How did the problem develop or where did the problem comefrom? What has been tried already and how well did thoseproposals address the problem?(3) What is your detailed research plan to address the problem in yourproject? (the student may choose to add a short bibliography <strong>of</strong>resources to the proposal).(4) What is your anticipated solution(s) or work product to address theproblem?(5) What are the strengths and limitations <strong>of</strong> the anticipated solution?(E)Faculty AdvisorEach Independent Study Project must be supervised by a full-time HUSLpr<strong>of</strong>essor. You must meet with and discuss your proposal with the facultyadvisor to ensure that the focus and scope <strong>of</strong> the project is clearly laid outin your proposal. You must have a written approval <strong>of</strong> your project, aswell as a written commitment from the faculty member to supervise andevaluate the Independent Study Project. The pr<strong>of</strong>essor may either sign thestudent’s proposal or submit a separate statement (submission by e-mail tothe Academic Dean is acceptable). If the pr<strong>of</strong>essor’s commitment is in aseparate document, then it should be attached to the student’s proposalwhen it is submitted to the APC.The student should select her faculty advisor carefully. The student mustcomplete the project with the same pr<strong>of</strong>essor who submits the writtencommitment. No transfers are permitted between pr<strong>of</strong>essors on anIndependent Study Project. Finally, the faculty advisor will provide thegrade for this project.Rev. August 2012 14


(F)Process after <strong>Student</strong> Submits the Proposal(1) The student will submit the proposal to the Associate Dean whoshall conduct a preliminary assessment <strong>of</strong> the student’s proposal toascertain whether the student has complied with basic prerequisitesstated in these instructions and in the <strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong>. Uponreceipt <strong>of</strong> a written request that complies with these requirements,the Associate Dean for Academic <strong>Affairs</strong> shall provide a copy <strong>of</strong>the proposal to each APC member.(2) The members <strong>of</strong> the APC shall consist <strong>of</strong> the Associate Dean forAcademic <strong>Affairs</strong>, as the chairperson <strong>of</strong> the committee, up to sevenfaculty members who are appointed by the Dean, and up to threestudent members who are appointed by the <strong>Student</strong> BarAssociation President. The APC shall vote on the proposal beforethe end <strong>of</strong> the Registration Period for the semester in which thestudent plans to undertake the Independent Study. A majority <strong>of</strong>the APC members must register an affirmative vote for the studentto receive approval <strong>of</strong> her request. Alternatively, if the APC feelsthat the proposal has promise but the proposal needs additionalwork to obtain approval then the APC may direct the AcademicDean to provide the student with feedback on the proposal fromthe committee and a deadline to submit a revised proposal. TheAcademic Dean will review the revised proposal and if it isconsistent with the recommended changes by the APC forcommittee approval, then the Academic Dean may approve theproposal.(3) The Academic Dean will provide written notice, typically by e-mail, to the student applicant on any action taken by the APC onthe proposal. The student will be eligible to register forIndependent Study only with written approval from the AcademicDean’s Office. This approval which would typically be providedby e-mail will be copied to the Faculty Advisor, Office <strong>of</strong> Records,and the Office <strong>of</strong> the Associate Dean for <strong>Student</strong> <strong>Affairs</strong>.(G)Registration RequiredThe student must register with the Office <strong>of</strong> Records for the IndependentStudy course. Registration must occur no later than the last day <strong>of</strong> theadd/drop period <strong>of</strong> the semester in which the student intends to conducther research. Timely registration is the student’s sole responsibility.Once the Independent Study project is complete, then the student mustRev. August 2012 15


provide a copy <strong>of</strong> the completed project to the Office <strong>of</strong> the AcademicDean for <strong>Student</strong> <strong>Affairs</strong>. This submission does not substitute for thesubmission to the faculty advisor. A final project must be submitted to thefaculty advisor for grading. The student will receive up to two credithours for successfully completing the Independent Study course.(H)Limit on Independent Study CreditA student is only permitted to have one semester <strong>of</strong> Independent Studycount toward the Juris Doctor.(I)Final Advice to the <strong>Student</strong> Applicant(1) Start to develop your proposal early enough in the semester so thatyou can revise, conduct preliminary research and meet with yourfaculty advisor. If the student is having difficulty identifying afaculty advisor for the project then contact the Office <strong>of</strong> theAcademic Dean for assistance.(2) Make sure that you work with your faculty advisor in drafting yourproposal for the Independent Study project. We suggest that youmeet with the faculty advisor at least twice before you submit yourproposal.(3) Make sure that your proposal demonstrates that you have alreadymade a commitment to the project. This can be demonstrated bythe quality and depth <strong>of</strong> your preliminary research to prepare theproposal as well as the discussion <strong>of</strong> the purpose, goals and design<strong>of</strong> your project.Rev. August 2012 16


2-600 Special Programs2-601 Overseas Study(A)South Africa Study Abroad ProgramThe <strong>School</strong> <strong>of</strong> <strong>Law</strong> sponsors an overseas study program in South Africa.<strong>Student</strong>s in good standing are eligible to participate. The program has aninternational and comparative law focus. A more complete description <strong>of</strong>the program is included in the appendix to this <strong>Guide</strong>. Interested <strong>Student</strong>sshould obtain additional information about the program from the Office <strong>of</strong><strong>Student</strong> <strong>Affairs</strong> or from the faculty coordinator for the program.(B)Jamaica Study Abroad ProgramThe <strong>School</strong> <strong>of</strong> <strong>Law</strong> sponsors an overseas study program in Jamaica.<strong>Student</strong>s in good standing are eligible to participate. The CaribbeanSummer Abroad Program focuses on sustainable development issues frominternational and comparative alternative dispute resolution. A morecomplete description <strong>of</strong> the program is included in the appendix to this<strong>Guide</strong>. Interested students should obtain additional information about theprogram from the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong> or from the faculty coordinatorfor the program.(C)Other Study Abroad ProgramsA student may request permission from the <strong>Student</strong> <strong>Affairs</strong> Committee toparticipate in a study program <strong>of</strong>fered through another ABA-accreditedinstitution. The request for permission must be in writing and must includeinformation about the program and the course intended to be taken.Additional information regarding the procedures to obtain permission isavailable from the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong>. Provisions <strong>of</strong> this <strong>Guide</strong>regarding obtaining credit for courses taken at other schools must befollowed for overseas study requests.2-602 <strong>Student</strong> Exchange ProgramsThe law school <strong>of</strong>fers student exchange programs with the Norman Manley <strong>Law</strong><strong>School</strong> at the Mona Campus <strong>of</strong> the <strong>University</strong> <strong>of</strong> the West Indies in Jamaica, withBrigham Young <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> in Utah, and with Vermont <strong>Law</strong><strong>School</strong>. <strong>Student</strong>s in good standing are eligible to participate. A student interestedin either <strong>of</strong> these opportunities should contact the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong> formore information.Rev. August 2012 17


2-603 Joint J.D./M.B.A. ProgramThe <strong>School</strong> <strong>of</strong> <strong>Law</strong> and the <strong>School</strong> <strong>of</strong> Business Administration <strong>of</strong>fer a jointJ.D./M.B.A. degree program. Information about the joint degree program isprovided in Part IV below. Particulars about the program are available from theOffice <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong>.2-700 Co-curricular Activities<strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> sponsors a number <strong>of</strong> co-curricular activitiesfor which students receive academic credit. The activities described below arepart <strong>of</strong> the academic program <strong>of</strong> the school and are under the supervision <strong>of</strong> thefaculty.2-701 <strong>Howard</strong> <strong>Law</strong> Journal(A)GeneralThe <strong>Howard</strong> <strong>Law</strong> Journal is an academic journal which publishes articlesconcerning significant issues in the law. The Journal is part <strong>of</strong> theacademic program <strong>of</strong> the law school for which students, upon successfulcompletion <strong>of</strong> the requirements <strong>of</strong> the Journal, receive four (4) credits. Aspart <strong>of</strong> the academic program, the Journal is under the supervision <strong>of</strong> thefaculty. The Journal experience is an intense one which students bothwrite articles and review, select, edit, and publish articles written byfellow students and articles submitted by others for possible publication.Membership on the Journal is one <strong>of</strong> the highest academic honorsconferred by the <strong>School</strong> <strong>of</strong> <strong>Law</strong>.(B)Two-Year Commitment Requirement<strong>Law</strong> Journal is a two-year commitment by the student for which thestudent receives 4 credits which are awarded pass/fail. The student mustparticipate for the full two years to receive credit. <strong>Student</strong>s selected toserve as members <strong>of</strong> the Executive Editorial Board receive 6 credits; nonexecutiveeditors receive 5 credits.(C)Application to ParticipateInterested students should consult the <strong>Law</strong> Journal Manual for completeinformation concerning the Journal and participation on it. Theinformation contained in appendix to this <strong>Guide</strong> is general in nature.Rev. August 2012 18


(D)Satisfaction <strong>of</strong> Legal Writing III through Journal ParticipationJournal participants may satisfy their Legal Writing III writingrequirement by writing a comment, note, or article for the Journal. Thecomment, note, or article must be written under faculty supervision andmust comply with all <strong>of</strong> the requirements <strong>of</strong> Legal Writing III. The writingmust be supervised throughout the writing process by one faculty member.The student cannot change the supervisor without permission <strong>of</strong> the firstsupervising faculty member. A writing begun in the second year andcompleted in the third year for Journal will meet the requirement that thewriting be done in third year for LW III purposes.(E)No Additional Academic Credit for LWIII Credit Earned throughJournalNo academic credit in addition to the credits for Journal participation aregiven to satisfying LW III through writing for the Journal.(F)No Independent Study Credit2-702 Moot Court(1) A student may not earn independent study credit for a papersubmitted for purposes <strong>of</strong> meeting the Journal writingrequirement.(2) Likewise, a student may not earn credit for the Journal writingrequirement for a paper submitted for independent study credit.The law school sponsors numerous moot court experiences, both intramural andexternal. The internal competitions include the Charles Hamilton Houston MootCourt Competition and the Goler Teal Butcher International Moot CourtCompetition. The external competitions provide students with the opportunity tocompete against teams from other schools for academic credit. The three mainteams are the National Moot Court Team, the International Moot Court Team, andthe Trial Advocacy Moot Court Team. <strong>Student</strong>s receive credit for moot courtteam participation on a pass/fail basis. The various teams are described more fullyin the appendix. In addition, the school may compete in client counselingcompetitions and other non-court competitions.(A)National Moot Court TeamThe National Moot Court Team represents the school in variouscompetitions across the country. <strong>Student</strong>s are awarded one credit pass/failRev. August 2012 19


for each semester <strong>of</strong> participation in Court, up to a maximum <strong>of</strong> 4 creditsin two years. Participating students are required to attend the moot courtclass.<strong>Student</strong>s are selected for participation on the National Moot Court Teamin accordance with the National Moot Court Team rules. The primarymeans <strong>of</strong> selection is through participation in the Charles HamiltonHouston Moot Court Competition. The Charles Hamilton Houston MootCourt Competition is held in the fall <strong>of</strong> each year and is open to allsecond- and third-year students. The top participants in the competitionare invited to Join National Moot Court Team.(B)International Moot Court TeamThe International Moot Court Team represents the school in the JessupInternational Moot Court Competition and other moot court competitionsrelated to international law. <strong>Student</strong>s are selected for the various teams onthe basis <strong>of</strong> their performance in the Goler Teal Butcher InternationalMoot Court Team Competition. Under Jessup rules participation on theJessup team is open to all students, but participation in the class is highlyrecommended since the class includes specific instruction on informationrelating to writing international competition briefs and some internationallaw .<strong>Student</strong>s interested in participating on an International Moot CourtTeam for credit must enroll in the International Moot Court Team class.Enrollment in the class is subject to the approval <strong>of</strong> the course instructor.<strong>Student</strong>s are awarded two credits (pass/fail) for successful completion <strong>of</strong>the yearlong course.(C)Trial Advocacy Moot Court TeamThe Huver I. Brown Trial Advocacy Moot Court Team represents theschool in various moot court trial competitions throughout the nation.<strong>Student</strong>s earn two credits per year on a pass/fail basis.The Trial Advocacy Moot Court Team meets regularly for one hour eachweek, with extended practices when preparing for competition. <strong>Student</strong>sreceive lecture and instruction from practicing attorneys on fundamentals<strong>of</strong> trial skills, as the students prepare for competitions in which they willtry a fictitious case from beginning to end. New team members areselected during the annual intra-school competition in which first- andsecond-year students vie for a place on the team <strong>of</strong> no more than twentymembers.Rev. August 2012 20


Rev. August 2012 21


PART IIIACADEMIC RULES, REQUIREMENTS, AND POLICESRev. August 2012 22


PART III.ACADEMIC RULES, REQUIREMENTS, AND POLICIES3-100 Construction and Coordination with Other RulesEach rule and regulation set out in this part is to be read and construed inconjunction with all other rules and regulations <strong>of</strong> this and other parts <strong>of</strong> this<strong>Guide</strong>, and with university regulations and rules. Many rules relating to universityacademic standards, student conduct, sexual harassment, alcohol and otherchemical use, parking, student organizations, and other activities are promulgatedand implemented at the university level rather than the law school level. <strong>Student</strong>sare charged with knowing and following those rules as well as the ones containedherein.3-101 This <strong>Guide</strong> contains the rules and regulations which, together with the rules andregulations in the <strong>Howard</strong> <strong>University</strong> Bulletin and <strong>Howard</strong> <strong>University</strong> H-Book(and regulations referred to therein), govern law students attending the <strong>Howard</strong><strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>. The <strong>Howard</strong> <strong>University</strong> Bulletin and the <strong>Howard</strong><strong>University</strong> H-Book contain or refer to the <strong>University</strong>’s Academic Code <strong>of</strong> <strong>Student</strong>Conduct and Judiciary, rules regarding student conduct, harassment, alcohol andnarcotic use, parking and more. All <strong>Howard</strong> law students are subject to those rulesand regulations to the extent those rules and regulations are applicable in the lawschoolsetting. All rules and regulations are to be read and construed inconjunction with all other rules and regulations in or referred to in these sources.In the event <strong>of</strong> a conflict between a rule or regulation or standard in this <strong>Guide</strong>and the <strong>University</strong>’s Academic Code <strong>of</strong> <strong>Student</strong> Conduct, the <strong>University</strong>’sAcademic Code <strong>of</strong> <strong>Student</strong> Conduct shall control.3-200 <strong>Student</strong> Status; Course Load Requirements; Residency, Grade PointCalculation; and Class Rank3-201 <strong>Student</strong> Status and Course Credit Generally(A)<strong>Student</strong>s are advised that “full-time status” means different things indifferent contexts. For example, “full-time student” has a particularmeaning for being eligible for financial aid and has a different meaninghere for attendance as a full-time student at the law school. Furthermore,there are related rules regarding being “in residence” at the law school orat another ABA accredited school and those rules use different numbers <strong>of</strong>required credits. The differences are the result <strong>of</strong> several separate groupsmaking rules to serve their own needs.Rev. August 2012 23


(B)(C)This rule attempts to reduce the confusion by disclosing (1) that thenumber <strong>of</strong> credits for which a student is enrolled matters for a variety <strong>of</strong>purposes; (2) that the number <strong>of</strong> credits required is different for thedifferent purposes; and (3) that this rule is concerned only with the lawschool academic status requirements.As used in this section the term “credit” will always refer to the number <strong>of</strong>credit-hours that the student is enrolled in for that semester. It does notrelate to when the credits are to be earned. For example, Legal Reasoning,Research, and Writing is a year-long, first-year course worth 4 credits atthe end <strong>of</strong> the year for enrollment purposes for these rules the number thatmatters is the number <strong>of</strong> credit-hours assigned to each semester (2), notthe timing <strong>of</strong> the final grade or final awarding <strong>of</strong> the credits for successfulcompletion <strong>of</strong> the course. The distinction is between credits for which thestudent is enrolled and financially obligated in one semester and creditsfor which the student will receive a grade that semester.3-202 Full-time status for general law school purposes(A)(B)A full-time student is one who is registered for at least 14 credits in asemester. The student is cautioned that taking 14 credits per semester after30 credits earned in the first year would leave the student 4 credits short <strong>of</strong>the 88 credits required to graduate at the end <strong>of</strong> the typical three years <strong>of</strong>law school.Every Juris Doctor student is required to enroll as a full-time student,unless permission is obtained from the associate dean for student affairs.3-203 Full-time status for tuition calculation purposesThis provision is subject to the university rules which may have changed sincethis rule was last adopted. This provision is included here to advise students toseek assistance and clarification regarding whether they would be affectedfinancially by taking too few or too many credits. For financial purposes, astudent who enrolls in 10-16 credits pays full-time student tuition. A student whotakes fewer than 10 credits, provided permission was received to do so, pays on aper-credit basis. <strong>Student</strong>s taking more than 16 credits (certain credited cocurricularactivities like <strong>Law</strong> Journal and Moot Court excepted) must pay a percreditcharge for each additional credit.Rev. August 2012 24


3-204 Credits Required for Particular Grade-level StatusFirst year student:Second year student:Third year student:fewer than 23 credits hours completed and passed23-51 credit hours completed and passed52+ credit hours completed and passed3-205 Upper Division <strong>Student</strong> definedAn upper division student is any non-first-year student, including second-yearstudents, third-year students, and graduate students.3-206 Effect <strong>of</strong> Failing a Course; Repetition <strong>of</strong> Failed Courses(A)Required coursesA juris doctor student (including a J.D./M.B.A. candidate) who fails arequired course or courses must successfully complete that course or thosecourses before graduation. See also section 3-500.(B)Elective coursesA student who has a failing grade in a single elective course which has notbeen re-taken and passed need not repeat that course. However, a studentwho has received a failing grade in more than one elective course mustrepeat and successfully complete all but one <strong>of</strong> the failed elective courses.The grade earned upon repetition <strong>of</strong> a course supersedes the previousgrade in the course for the purpose <strong>of</strong> determining whether the course hasbeen passed, but all grades are used to determine the student’s cumulativeweighted average.3-207 Reduced Course LoadsA student who wants to take fewer than 14 credit hours in a semester must firstobtain permission from the Associate Dean <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong>.3-208 Course Loads Exceeding 16 CreditsA student who wants to take 17 or more credits in a semester must first obtainpermission from the Associate Dean <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong>. However, for purposes <strong>of</strong>this rule, a student may enroll in 16 credits in regular courses and may in addition,enroll in law journal or one <strong>of</strong> the moot court competition teams withoutobtaining prior approval..Rev. August 2012 25


3-209 Irregular Program SchedulesA juris doctor student who either already is on or desires to take an irregularprogram schedule (as a result <strong>of</strong> transfer, readmission, reduced loads or overloads,or for any other reason) must secure approval <strong>of</strong> her or his academic program atthe beginning <strong>of</strong> each semester from the dean or the dean’s designee and from the<strong>Student</strong> <strong>Affairs</strong> Committee. A student whose academic program schedule was butno longer is irregular, need not secure approval for those semesters in which aregular academic program is being pursued.3-210 Six Semester Residency RequirementABA accreditation requires that juris doctor students complete six semesterseither in residence at an ABA accredited school or at a law school programadministered by an ABA-approved school (e.g., a foreign study program). Asemester in residence is to be calculated in accordance with the ABA Standard304.3-211 Final Year Residency RequirementA student is required to complete his or her last full year <strong>of</strong> law school at <strong>Howard</strong><strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>, unless prior approval is obtained from the <strong>Student</strong><strong>Affairs</strong> Committee.3-212 Grade Point AverageAt the end <strong>of</strong> each academic semester, an <strong>of</strong>ficial cumulative weighted gradepoint average shall be calculated for every student registered in the <strong>School</strong> <strong>of</strong><strong>Law</strong>. This weighted average serves as the basis for each student’s academicstatus, e.g., the student’s classification and whether the student meets theapplicable retention standard.3-213 Class RankFor juris doctor students and J.D./M.B.A. students, class rank will be determinedonce each year after the conclusion <strong>of</strong> spring semester.(A)Stand-Alone GPA and Stand-Alone Rank(1) A student’s “Stand-Alone” GPA refers to the students grade pointaverage for the particular term referenced.(2) A student’s “Stand-Alone Rank” refers to the student’s rank for theRev. August 2012 26


particular term referenced. The Stand-Alone Rank is based on theStand-Alone GPA.(B)Cumulative GPA and Cumulative Rank(1) A student’s “Cumulative GPA” refers to the students overall gradepoint average based upon all courses taken from the time thestudent entered the law school through the last term in which thestudent took classes.(2) A student’s “Cumulative Rank” refers to the student’s overall rankbased upon all courses taken from the time the student entered thelaw school through the last term in which the student took classes.(C)Transfer Grades ExcludedA student’s grades accepted by the law school for transfer credit are notincluded for purposes <strong>of</strong> calculating the student’s grade point average.(D)Examples(1) Stand-Alone GPA and Rank(a)(b)A student’s Stand-Alone GPA and Rank for the secondyear would be based upon the students grades earned in thefall and spring semesters <strong>of</strong> the second year, excluding allgrades earned during the first year.A student’s Stand-Alone GPA and Rank for the springsemester <strong>of</strong> the second year would be based upon thestudent’s grades for the spring semester <strong>of</strong> the second year,excluding all grades earned during the first year and the fallsemester <strong>of</strong> the second year.(2) Cumulative GPA and RankA student’s Cumulative GPA and Rank at the end <strong>of</strong> the secondyear would be based upon all <strong>of</strong> the students grades earned in thefall and spring semesters <strong>of</strong> the first year and the fall and springsemesters <strong>of</strong> the second year.(3) Note Regarding First-Year GPA and RankAt the end <strong>of</strong> a student’s first year, the student’s Stand-Alone GPARev. August 2012 27


and Rank are the same as the student’s Cumulative GPA and Rank.3-300 Registration, Dropping and Adding Courses, Leave <strong>of</strong> Absence, Withdrawalfrom <strong>School</strong>3-301 Registration Procedures and RequirementsThe details <strong>of</strong> registration procedures and requirements are established by the<strong>School</strong> <strong>of</strong> <strong>Law</strong> and <strong>University</strong> administrators. This <strong>Guide</strong> describes theregistration process in general and establishes certain regulations regardingregistration. <strong>Student</strong>s are cautioned to obtain all necessary information and formsneeded for registration and to follow the procedures established by the law schooladministration.3-302 First-Year <strong>Student</strong>sEach first-year student must register for and attend all <strong>of</strong> the prescribed first-yearcourses, except in a rare case presenting special or unusual circumstances. Arequest under this provision is to be made in writing to the <strong>Student</strong> <strong>Affairs</strong>Committee which has final authority to act on the request.<strong>Student</strong>s in the second-semester Academic Assistance Program must take all <strong>of</strong>the courses prescribed by the AAP.3-303 Approval <strong>of</strong> <strong>Student</strong> Academic Programs for the <strong>Student</strong>’s Second YearA first-year student must obtain approval <strong>of</strong> the student’s first-semester secondyearacademic program from the student’s faculty advisor prior to registration.The student is required to meet with the faculty advisor (or substitute advisor, ifthe assigned advisor is unavailable) at least once before or during the registrationperiod. All changes in the student’s academic program must be approved by thestudent’s faculty advisor or the Associate Dean for <strong>Student</strong> <strong>Affairs</strong>. Approval bythe faculty advisor does not constitute a waiver <strong>of</strong> the requirements forgraduation.3-304 Approval <strong>of</strong> Academic Programs for the <strong>Student</strong>’s Third YearEach second-year student must secure approval <strong>of</strong> the student’s academicprogram from the associate dean for student affairs prior to or during the springregistration period for the first semester <strong>of</strong> the student’s third year in order to helpinsure that all required courses and all requirements for graduation have been orwill be met. Responsibility for compliance with the requirements for graduationrests on the student and cannot be waived by the associate dean’s approval <strong>of</strong> thestudent’s academic program.Rev. August 2012 28


3-305 Add/Drop PeriodFor fall semester the Add/Drop Period is five (5) school days at the start <strong>of</strong> thesemester beginning with the first day <strong>of</strong> scheduled classes. For spring semesterthe Add/Drop period is seven (7) school days at the start <strong>of</strong> the semester,beginning with the first day <strong>of</strong> scheduled classes. Courses cannot be added afterthe Add/Drop Period at the start <strong>of</strong> each semester.3-306 Dropping Courses after the Add/Drop Period(A)(B)(C)An upper-level student may drop a course or courses and receive a grade<strong>of</strong> “W” up to the end <strong>of</strong> 8 weeks from the start <strong>of</strong> the semester.An upper-level student is not allowed to drop a first-year course in theabsence <strong>of</strong> special or unusual circumstances. A request to drop a first yearcourse is to be made in writing to the <strong>Student</strong> <strong>Affairs</strong> Committee whichhas final authority to act on the request.A first-year student is not allowed to drop a first-year course, except asprovided under section 3-301.(D) These provisions cannot be circumvented by the application <strong>of</strong> the 25%attendance rule.3-307 Auditing CoursesA student may audit a course only with the express permission <strong>of</strong> the instructor. Astudent who attends a course or section in which the student is not duly registeredshall not receive credit for that course. The student may register for and take anaudited course for credit at a later date. For further restrictions on auditing acourse, please contact the Office <strong>of</strong> the Academic Dean.3-308 Leave <strong>of</strong> AbsenceA student who wants to take a leave <strong>of</strong> absence must request the leave from thedean or dean’s designee. The request for the leave must be made in writing andmust include an explanation <strong>of</strong> the reasons for the request. A leave <strong>of</strong> absencewithout the need to apply for readmission will be granted only for one semester. Ifa student wants or needs to be absent from school for more than one semester, thestudent must withdraw from the school and then apply for readmission inaccordance with the rules for readmission.Once a student has been granted a one-semester leave <strong>of</strong> absence, the studentmust complete the <strong>University</strong>’s total withdrawal process. This process is initiatedRev. August 2012 29


in the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong> at the <strong>School</strong> <strong>of</strong> <strong>Law</strong> and completed on maincampus. The student’s failure to complete this process can result in adversefinancial consequences to the student.3-309 Complete Withdrawal from <strong>School</strong>A student who wants to formally withdraw from school must comply with therules <strong>of</strong> <strong>Howard</strong> <strong>University</strong> and <strong>of</strong> <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>. Check withthe associate dean for student affairs for specific instructions. Failure to complywith the procedures may preclude the student from being considered forreadmission at a later date.3-310 Total Withdrawal Procedure(A)(B)<strong>Student</strong>s who find it necessary to withdraw from all <strong>of</strong> their classes for thecurrent semester or for a subsequent semester for which they have alreadyregistered must complete a Total Withdrawal Request Form. This formmust be submitted by the end <strong>of</strong> the 12th week <strong>of</strong> classes for the semesterin which they wish to withdraw. The withdrawal form and instructions areavailable from the dean or advisory center <strong>of</strong> each school or college.<strong>Student</strong>s who are physically unable to complete the withdrawal in personand students who are administratively withdrawn should contact their deanor advisor for assistance.<strong>Student</strong>s considering a total withdrawal should note the following:(1) The effective date <strong>of</strong> the withdrawal will be the date on whichEM/Records receives the completed withdrawal request form.(2) By registering for courses, students accept financialresponsibility for payment for those courses and for any othercharges incurred while they are enrolled.(3) Financial aid may be adjusted or canceled as a result <strong>of</strong>withdrawal and may require repayment <strong>of</strong> loan funds. Adjustmentsto financial aid awards will be calculated according to <strong>University</strong>and Federal refund guidelines based on the <strong>of</strong>ficial withdrawaldate.(4) Once the withdrawal has been completed, students will receive agrade <strong>of</strong> “W” for each course.(5) <strong>Student</strong>s who reside in <strong>University</strong> housing are required to checkout <strong>of</strong> their residence hall within 24 hours <strong>of</strong> completing thetotal withdrawal process.Rev. August 2012 30


(6) Completing a total withdrawal from the <strong>University</strong> requires thatstudents surrender all <strong>University</strong> property, including, but notlimited to library books, room keys, computer cards, andidentification/access cards.(7) <strong>Student</strong>s who complete a total withdrawal from the <strong>University</strong>must reapply for admission to the <strong>University</strong> by publishedapplication deadlines.(C)<strong>Student</strong>s should report first to the <strong>of</strong>fice <strong>of</strong> the dean or advisorycenter <strong>of</strong> their school or college to obtain a Total Withdrawal RequestForm, and to discuss the reasons for and the implications <strong>of</strong> thewithdrawal. <strong>Student</strong>s who decide to continue with the withdrawal processshould have the withdrawal form signed by their dean or the dean’sdesignee and should then proceed as follows to the <strong>of</strong>fices that correspondwith their student status:(1) Veterans, students with disabilities, and students who havejudicial stipulations should report to the Office <strong>of</strong> Special <strong>Student</strong>Services, Suite 725, <strong>Howard</strong> Center.(2) International students must report to the Office <strong>of</strong> International<strong>Student</strong> Services, Rm. 119, Blackburn Center.(3) <strong>Student</strong>s who reside in <strong>University</strong> housing must report to theOffice <strong>of</strong> Residence Life, Tubman Quadrangle.(4) <strong>Student</strong>s who received any type <strong>of</strong> financial aid (includingscholarships, grants, and loans) must report to the Office <strong>of</strong>Financial Aid, Scholarships, and <strong>Student</strong> Employment, Rm. 205Administration Building to discuss the effect <strong>of</strong> withdrawal ontheir award(s) and potential financial aid overpayment.(5) All students must report to the Office <strong>of</strong> <strong>Student</strong> FinancialServices, Rm. 218, Administration Building to discuss the status <strong>of</strong>and adjustments to their account.(6) All students must report to EM/Records, Rm. 104 AdministrationBuilding to submit the completed Total Withdrawal Request formand surrender their CapstoneCard.Rev. August 2012 31


(D)Special Notes(1) If you register during General Registration for the upcomingsemester and determine before the beginning <strong>of</strong> that semester thatyou will not be returning, you must complete a Total WithdrawalForm for that upcoming semester. Obtain the signature <strong>of</strong> the deanor dean’s designee <strong>of</strong> your school or college, then take it to theOffice <strong>of</strong> the Dean for Special <strong>Student</strong> Services. Be sure to makeit clear to both <strong>of</strong>fices that the withdrawal is for the upcomingsemester.(2) If, due to extenuating circumstances, you need to make theeffective date <strong>of</strong> your Total Withdrawal prior to the date youactually begin the process, you must get special approval to do so.The first step is to visit the <strong>of</strong>fice <strong>of</strong> the dean or academic advisingcenter <strong>of</strong> your school or college. You should take with youdocumentation to support your request (e.g., a letter from yourdoctor). If the request is supported by your school or college, itwill be forwarded to the Office <strong>of</strong> the Provost and Chief AcademicOfficer to be considered for approval.(E)Readmission after a Total Withdrawal(1) <strong>Law</strong> students should contact the associate dean for student affairsfor readmission procedures.(2) For further general information on Total Withdrawal, contact theassociate dean for student affairs.Rev. August 2012 32


3-400 Credit for Courses Taken at Other <strong>Law</strong> <strong>School</strong>s3-401 Prior Approval Required for Transfer CreditCredit toward graduation from <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> will be grantedfor a course or courses taken at another law school only if the student hasobtained the written approval <strong>of</strong> the <strong>Student</strong> <strong>Affairs</strong> Committee prior to taking thecourse or courses. (The <strong>Student</strong> <strong>Affairs</strong> Committee has adopted standards andguidelines for the granting <strong>of</strong> such approval. Copies <strong>of</strong> the guidelines areavailable in the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong>.)3-402 Minimum Grade Required for Transfer CreditsTransfer credits will be allowed only for a course in which the grade earned was a“C” (or a 70 on the <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> grading scale).3-403 Effect <strong>of</strong> Transfer Credits on GPAApproved transfer credits will be applied toward the hour and courserequirements for a degree, but will not be considered for the purpose <strong>of</strong>determining cumulative weighted averages.3-404 Transfer Credits for Required CoursesPermission to take any required course for transfer credit must be obtained fromthe <strong>Student</strong> <strong>Affairs</strong> Committee. Permission will not be given unless the followingconditions are met:(A)(B)(C)(D)The course is not being <strong>of</strong>fered that semester at the <strong>Howard</strong> <strong>School</strong> <strong>of</strong><strong>Law</strong>;The student cannot take the course the next time it is <strong>of</strong>fered withoutundue hardship;The student has an extraordinary excuse for not taking or not passing thecourse prior to the petition;The course as <strong>of</strong>fered at the other school is at least equivalent in subjectcoverage and hour content to the course <strong>of</strong>fered at <strong>Howard</strong> <strong>University</strong><strong>School</strong> <strong>of</strong> <strong>Law</strong>; andRev. August 2012 33


(E)The course is being taught at or through an ABA-accredited law school.3-405 Transfer Credits for Elective CoursesA student seeking transfer credit toward graduation for an elective course mustsubmit a written request for permission to do so to the <strong>Student</strong> <strong>Affairs</strong> Committee.A student seeking transfer credit toward graduation for an elective course mustsubmit a written request for permission to do so to the <strong>Student</strong> <strong>Affairs</strong> Committee.(A)(B)(C)(D)(E)Permission to receive transfer credit toward graduation for an electivecourse will usually be granted.A student petitioning to take a course at another law school must have aminimum cumulative grade point average <strong>of</strong> 78 at <strong>Howard</strong> <strong>University</strong><strong>School</strong> <strong>of</strong> <strong>Law</strong> at the time <strong>of</strong> his or her petition.To receive credit, a student must earn a grade <strong>of</strong> “C” or higher in thecourse taken at another law school.The school where the class is to be taken must be ABA approved.A student is limited to 30 transfer credits.Rev. August 2012 34


3-500 Retention StandardsThese retention standards govern all juris doctor students.3-501 First-Year Juris Doctor <strong>Student</strong>s(A)Limit on Failed CoursesA juris doctor student completing the first year <strong>of</strong> residence in the <strong>Howard</strong><strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> is ineligible to continue in the school if thestudent fails three or more first-year courses. A student who becomesineligible to continue under this rule may seek readmission in accordancewith the rules regarding readmission to the <strong>School</strong> <strong>of</strong> <strong>Law</strong>.(B)Minimum G.P.A Required.A juris doctor student who has a cumulative weighted average <strong>of</strong> less than72 at the end <strong>of</strong> the first year is ineligible to continue at the law school. Astudent who becomes ineligible to continue under this rule may seekreadmission in accordance with the rules regarding readmission to the<strong>School</strong> <strong>of</strong> <strong>Law</strong>.3-502 Upper Level <strong>Student</strong>s and Transfer <strong>Student</strong>s(A)Limit on Failed Courses(1) An upper-level juris doctor student, including a transfer student,who fails courses totaling six (6) or more credit hours in anyonesemester is ineligible to continue at the law school. A student whobecomes ineligible under this rule may seek readmission inaccordance with the rules regarding readmission to the <strong>School</strong> <strong>of</strong><strong>Law</strong>.(2) An upper-level juris doctor student, including a transfer student,who has failed three (3) or more courses, including both first-yearcourses and upper-level courses, is ineligible to continue at the lawschool. For purposes <strong>of</strong> this rule, each failing grade counts as afailing grade even if the same course is failed two or more times.For example, a student who fails Evidence once and failsCorporations twice would violate this rule. A student who becomesineligible under this rule may seek readmission in accordance withthe rules regarding readmission to the <strong>School</strong> <strong>of</strong> <strong>Law</strong>.Rev. August 2012 35


(3) Rule 3-206 addresses the effect <strong>of</strong> failing grades on student statusfor graduation.(B)Minimum G.P.A. RequiredA juris doctor student who has a cumulative weighted average <strong>of</strong> less than75 at the end <strong>of</strong> the fourth semester or thereafter is ineligible to continue atthe law school. A transfer student who has a cumulative weighted average<strong>of</strong> less than 75 at the end <strong>of</strong> any semester is ineligible to continue at thelaw school. A student who becomes ineligible under this rule may seekreadmission in accordance with the rules regarding readmission to the<strong>School</strong> <strong>of</strong> <strong>Law</strong>. 2(C)Probation(1) DefinitionA juris doctor student who has a cumulative GPA between 72.00and 74.99, inclusive, after the end <strong>of</strong> the first year is on probationand must comply with the requirements <strong>of</strong> the third-semesterAcademic Achievement Program. Probation shall terminate duringthe semester in which the student obtains a cumulative GPA <strong>of</strong> 75.(2) Restrictions and Requirements for <strong>Student</strong>s on ProbationThe following restrictions and requirements apply when a studentis placed on probation. A student on probation may not:(a)(b)(c)(d)(e)participate in co-curricular activities such as law journaland the moot courts;participate in extracurricular activities such as the <strong>Student</strong>Bar Association, other student organizations, and volunteerwork;earn a grade below 70 in any course while on probation;enroll in courses exceeding 13 credits in the fall <strong>of</strong> thesecond year; orparticipate in externship.2 For students enrolled before fall 1998, the average is 70.Rev. August 2012 36


(3) Probation Advisory<strong>Student</strong>s on probation should be advised by the appropriateadministrative <strong>of</strong>ficial that engaging in outside work during thatsemester will make it difficult, if not impossible, to bring theiraverages up to 75.00 by the end <strong>of</strong> four semesters. Such studentsare not prohibited from working, but they should not do so, if at allpossible.(4) Academic Achievement ProgramIn addition, students on probation must participate in andsuccessfully complete a non-credit, three-hour AcademicAchievement Program in the fall <strong>of</strong> the second year. Successfulparticipation and completion means no more than threeunexcused absences, getting work in on time and otherwisecomplying with the requirements set forth in the syllabus forthe Program. The syllabus will be given out at the beginning <strong>of</strong>the Program. In extraordinary circumstances, the Dean or theDean’s designee may fashion an appropriate remedy where astudent required to participate in this Academic AchievementProgram fails to satisfy the requirements regarding attendance andtimely submission <strong>of</strong> work.Rev. August 2012 37


3-600 Discipline and Termination3-601 Automatic Termination for Failing to Meet Retention StandardsA student who is ineligible to continue at the law school for failing to meetretention standards is automatically discharged from the <strong>School</strong> <strong>of</strong> <strong>Law</strong> effectiveas <strong>of</strong> the end <strong>of</strong> the semester for which the disqualifying event occurred. Forexample, if the student’s grade point average falls below the retention standard asresult <strong>of</strong> courses taken in the fall semester, the student will be discharged from thelaw school as <strong>of</strong> the end <strong>of</strong> that fall semester. This rule applies regardless <strong>of</strong> whengrades or grade point averages are calculated or posted, and regardless <strong>of</strong> whenthe student is notified <strong>of</strong> the student’s grades, the disqualifying event, or <strong>of</strong> thedisqualification itself3-602 Discipline and Termination on Other GroundsA student may be disciplined, including being dismissed from the <strong>School</strong> <strong>of</strong> <strong>Law</strong>,if he or she violates a policy or rule <strong>of</strong> <strong>Howard</strong> <strong>University</strong> or <strong>of</strong> the <strong>School</strong> <strong>of</strong><strong>Law</strong>. A student may also be disciplined or dismissed if the student engages inother unethical or unpr<strong>of</strong>essional or illegal conduct. Termination or otherdiscipline on these grounds will be done in accordance with the <strong>School</strong> <strong>of</strong> <strong>Law</strong>and <strong>University</strong> procedures for such matters. See the <strong>University</strong>’s <strong>Student</strong> Code <strong>of</strong>Conduct and Judiciaries.Rev. August 2012 38


3-700 Readmission3-701 Eligibility for Readmission <strong>of</strong> a <strong>Student</strong> Who Formally WithdrewA student who has formally withdrawn may seek readmission by filing acompleted admissions application in the law school admissions <strong>of</strong>fice. Theapplicant shall also file with the application a petition stating the date the studentwithdrew, the reason for the withdrawal, and the justification for readmission. See<strong>University</strong> Withdrawal Procedure.3-702 Eligibility for Readmission <strong>of</strong> Other <strong>Student</strong>sA student who was dismissed from the law school under any <strong>of</strong> the provisions <strong>of</strong>this <strong>Guide</strong> or other applicable rules and regulations <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong> or the<strong>University</strong> may seek readmission by following the procedures and meeting thestandards established in Rule 3-703 below.3-703 Process for Readmitting <strong>Student</strong>sA student seeking readmission must submit a written petition to the <strong>Student</strong><strong>Affairs</strong> Committee. The petition must provide the following information:(A)(B)(C)(D)The date and reason(s) the student withdrew or was dismissed from thelaw school;The reason(s) the student is applying for readmission;If the student was dismissed from the law school, what efforts have beenmade by the student and/or what changes have occurred which makes thestudent more likely to succeed upon readmission; andAny other material specified in the standards and guidelines <strong>of</strong> the <strong>Student</strong><strong>Affairs</strong> Committee. The guidelines are available from the Office <strong>of</strong><strong>Student</strong> <strong>Affairs</strong>.Rev. August 2012 39


3-704 Timing <strong>of</strong> ReadmissionA student dismissed from the law school may not be readmitted until that studenthas not been enrolled for at least two semesters from the end <strong>of</strong> the semester inwhich the disqualifying event occurred. For example, the period <strong>of</strong> time wouldrun from the semester in which a third failing grade was received, not from thesemester in which the student learned <strong>of</strong> the disqualification. A student mayreapply before the time has passed provided the start date for readmission wouldbe after the student has sat out the required two semesters.3-705 Criteria for ReadmissionAlthough there are no hard and fast criteria for readmission and each case is to bedecided upon its individual merits, the following factors, though not the onlyfactors, are relevant in deciding whether to readmit the student:(A)(B)(C)The likelihood that the student could raise his or her grades to meet theretention standard in one semester;The efforts undertaken by the student to correct academic deficiencies orother problems or life circumstances which may have contributed to pastperformances in law school (e.g., taking tutorial courses in reasoning andwriting, more secure financial arrangements); andPrior readmission (e.g., a second bite at the apple is easier to obtain than athird).A student seeking readmission should consult and comply with thestandards and guidelines for readmission prepared by the <strong>Student</strong> <strong>Affairs</strong>Committee. The standards and guidelines are available in the Office <strong>of</strong><strong>Student</strong> <strong>Affairs</strong>.3-706 Review by Full FacultyThe Faculty, upon request <strong>of</strong> one or more members <strong>of</strong> the <strong>Student</strong>s <strong>Affairs</strong>Committee, may review and act upon an application for readmission which the<strong>Student</strong> <strong>Affairs</strong> Committee has rejected.3-707 <strong>Student</strong> <strong>Affairs</strong> Committee <strong>Guide</strong>lines for Readmission After AcademicDismissalThe guidelines below recite the Committee standards and procedures governingreadmission after a student has been dismissed for academic reasons. TheCommittee will rarely depart from these guidelines and will, under noRev. August 2012 40


circumstances, depart from the procedural portions <strong>of</strong> these guidelines. However,the term “guidelines”, rather than “rules”, has been chosen to permit theCommittee some discretion when faced with the truly exceptional situation thatmight not have been adequately anticipated at the time that these guidelines weredrafted.(A)Readmission after a student is dismissed for academic reasons(1) Timing <strong>of</strong> Readmission: If a student is dismissed from the lawschool rolls for failing to meet the academic minima specified bythe faculty as necessary to continue as a student (presently, 72average at the end <strong>of</strong> a student’s first year and 75 average at theend <strong>of</strong> his or her fourth semester), the student may not bereadmitted unless:(a)(b)a minimum <strong>of</strong> one academic year (two semesters) hasintervened between the effective date <strong>of</strong> the student’s beingdropped from the rolls and the effective date <strong>of</strong> readmission(e.g., if a student failed to maintain a cumulative 75average upon completion <strong>of</strong> the Spring 2000 semester, theend <strong>of</strong> that semester would be the “effective date” <strong>of</strong> beingdropped from the rolls; the student could not be readmitteduntil the Fall 2001 semester); andthe student demonstrates by a preponderance <strong>of</strong> theevidence that he or she meets the criteria for readmissionset forth below.(2) The purpose <strong>of</strong> the one academic year minimum period is to givethe student the opportunity to identify and correct those academicproblems and/or life circumstances that contributed to poor lawschool performance. Consequently, the student has the burden <strong>of</strong>persuading a majority <strong>of</strong> the committee that he or she:(a)(b)(c)has identified the causes <strong>of</strong> his or her poor academicperformance;has taken and will continue to take actions to correct theproblems interfering with academic performance; andwill likely succeed if readmitted.(3) To meet this burden <strong>of</strong> persuasion, the student must submit aformal petition for readmission which:Rev. August 2012 41


(a)(b)(c)(d)summarizes relevant law school history (grades, teachers,legal work experience);identifies the perceived causes <strong>of</strong> poor performance,describes the actions taken to address those causes, andexplains the success <strong>of</strong> those actions, outlining in detailwhat the student has done in the intervening time toimprove the likelihood <strong>of</strong> succeeding upon readmission;includes three letters <strong>of</strong> recommendation, at least one <strong>of</strong>which must be from a present faculty member, explainingwhy the candidate for readmission is likely to succeed;includes a recent writing sample in the form <strong>of</strong> a legal<strong>of</strong>fice memorandum, memorandum <strong>of</strong> law, or otherequivalent legal <strong>of</strong>fice or court memorandum, analyzingdecisional, statutory, and/or regulatory authority.. Thequality <strong>of</strong> writing and reasoning in the petition shall be onefactor considered in the readmission decision.(4) A petition to be readmitted for a spring semester must besubmitted no later than November 1 <strong>of</strong> the preceding fall semester.A petition to be readmitted for a fall semester must be submittedno later than March 1 <strong>of</strong> the preceding spring semester. Latepetitions will not be considered by the Committee.(5) <strong>Student</strong>s may be readmitted subject to whatever conditions the<strong>Student</strong> <strong>Affairs</strong> Committee deems proper in its considered andinformed judgment to impose. A student who fails to meet thoseconditions shall not be eligible for readmission on a subsequentoccasion unless that student persuades the Committee that thefailure was due to highly exceptional circumstances beyond thestudent’s control.(B)Interpretation <strong>of</strong> the Rule(1) The academic minima exist for a reason: to maximize thelikelihood that the <strong>School</strong> <strong>of</strong> <strong>Law</strong> will not graduate students wherethere are doubts about their abilities to pass the bar examinationand to succeed as lawyers. The “minima” are just that: minimumstandards that the <strong>School</strong> hopes and expects most students toexceed. Therefore, there is a strong presumption that a student whohas once failed those minima should not be readmitted. TheRev. August 2012 42


presumption may be overcome only in truly exceptional cases. Forexample, if a student who otherwise performed adequately had avery bad semester because <strong>of</strong> a death or serious illness in hisfamily, the end <strong>of</strong> the illness and counseling to cope with thetrauma might justify readmission. However, a student who simplyfailed to work hard enough but claims to have a “changed attitude”would not have made a case that overcomes the presumption.(2) Moreover, if a student had writing or other intellectual skillsdeficiencies that prevented solid performance, that student has aheavy burden <strong>of</strong> demonstrating active, thorough efforts over thecourse <strong>of</strong> the intervening time to improve his or her writing orother intellectual skills adequately to succeed in law school. Anoccasional writing lesson would be insufficient. The student wouldhave to demonstrate that he or she had successfully completed anintensive and rigorous remedial program in writing and reasoning.(3) Readmission shall be the exception, not the rule.3-708 Conditions Applicable to <strong>Student</strong>s Readmitted After Academic DismissalThe following conditions, restrictions, and requirements shall apply to a studentwho has been granted readmission after academic dismissal:(A)(B)All grades previously received by readmitted students (including failinggrades) will be counted in their cumulative weighted average, exceptgrades received in Pass/Fail courses. When the readmitted student has acumulative weighted average <strong>of</strong> less than 75.00 at the time <strong>of</strong> readmission,that student has two semesters from the time <strong>of</strong> readmission in which toraise his or her average to 75.00 or better. A student who has a cumulativeweighted average <strong>of</strong> less than 75.00 at the end <strong>of</strong> two semesters afterreadmission is ineligible to continue at the law school.A readmitted student shall be on probation. Probation shall terminateduring the semester in which the student obtains a cumulative GPA <strong>of</strong> 75.The following conditions shall apply to a readmitted student on probation.A readmitted student on probation may not:(1) participate in co-curricular activities such as law journal and themoot courts;(2) earn a grade below 70 in any course while on probation; or(3) participate in externship.Rev. August 2012 43


(C)Other conditions on readmission and remaining in good standing at thelaw school may be imposed at the discretion <strong>of</strong> the <strong>Student</strong> <strong>Affairs</strong>Committee.3-800 Attendance Policy(A)Statement <strong>of</strong> Policy<strong>Student</strong>s are required to attend all regularly scheduled class sessions.HUSL faculty and administrators recognize, however, that a student maybe absent from class because <strong>of</strong> illness, family responsibilities,representing the school in various capacities (such as in Moot Courtcompetitions), and to a limited extent, job interviews. Notwithstandingthese limited circumstances, absence from a regularly scheduled class isstrongly discouraged, and a student may not be absent from more thantwenty-five (25) percent <strong>of</strong> the regularly scheduled class hours for acourse. Although the 25% rule is established to accommodate somenecessary absences (generally as noted above), it should not be interpretedas a license to attend only 75% <strong>of</strong> the regularly scheduled class meetings.(B)Purposes(1) To ensure realization <strong>of</strong> the maximum benefit <strong>of</strong> a legal educationand development <strong>of</strong> pr<strong>of</strong>essionalism through punctual and regularclass attendance.(2) To fulfill the American Bar Association’s Standard 304 (e) thatprovides that “regular and punctual class attendance are necessaryto satisfy residence credit and credit hour requirements.”(C)ApplicabilityThis mandatory policy applies to all faculty members and to all law schoolcourses, including law journal and moot court teams, for which academiccredit is awarded.(D)Definitions(1) “Attendance” means physical presence at the start <strong>of</strong> the class andthroughout the duration <strong>of</strong> the scheduled class time. Tardy studentswill be considered absent.(2) “Faculty members”, for the purposes <strong>of</strong> this policy only, means allRev. August 2012 44


persons hired, whether permanently or temporarily, to teach one ormore courses at <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>.(E)Rules <strong>of</strong> Procedure(1) Within the first few weeks <strong>of</strong> each semester the dean or dean’sdesignee shall publish for each class being taught that semester, themaximum number <strong>of</strong> class sessions for which a student may beabsent without violating the 25% rule. For year-long courses thenumber <strong>of</strong> absences shall be calculated based on the full year ratherthan on the basis <strong>of</strong> each semester.(2) At the beginning <strong>of</strong> each semester, each faculty member shalldistribute a syllabus containing the following statement: Regularand punctual class attendance is required. A student’s absencesmust not exceed 25% <strong>of</strong> the regularly scheduled class meetings.(3) Each faculty member shall retain attendance records for each classexcept make-up classes.(4) Absences shall be counted from the first day <strong>of</strong> class as recordedon the law school calendar. This policy recognizes that in the fallsemester, the first day <strong>of</strong> class differs for first-year, second, andthird-year students.(5) The faculty member shall provide written notice to the AssociateDean and to a student who is in danger <strong>of</strong> violating the 25% rule.However, a faculty member’s failure to provide such written noticewill not preclude a student from being withdrawn from a course orfailing a course if the student does not properly follow proceduresset forth in this policy.(6) If a student exceeds the 25% limit prior to the last day to drop acourse, the student must <strong>of</strong>ficially withdraw from the course andcan do so as long as the student complies with the writtenprocedures in the <strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong> in a timely manner. If thestudent fails to withdraw and the Associate Dean has receivednotice <strong>of</strong> the student’s violation <strong>of</strong> the attendance policy, theAssociate Dean shall administratively withdraw the student fromthe course. As a result, the student will receive a grade <strong>of</strong> “W” forthat course. If assigning a grade <strong>of</strong> “W” would decrease thestudent’s course load to less than the minimum number <strong>of</strong> credithours required by the <strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong>. then a grade <strong>of</strong> “F”shall be assigned for the course.Rev. August 2012 45


(7) If a student exceeds the 25% limit after the last day to drop acourse, the student shall receive an “F” (59) as a grade for thatcourse.(8) One business day after the last day <strong>of</strong> scheduled classes for asemester, the faculty member shall notify the Associate Dean inwriting <strong>of</strong> all students who exceed the 25% limit after the last dayto drop a course.(9) Within two business days after receipt <strong>of</strong> notice from the facultymember, the Associate Dean shall notify the student in writing thatthe student’s absences are in excess <strong>of</strong> 25% and include thestudent’s grade for the course in that notice.(F)Exceptions and Waivers(1) Upon proper written petition by a student, the faculty may, inextraordinary circumstances (e.g., serious illness <strong>of</strong> a member <strong>of</strong>the student’s immediate family; serious, extended illness <strong>of</strong> thestudent), waive the 25% Rule.(2) Only under extraordinary circumstances, a majority <strong>of</strong> all facultymembers, who are present at the faculty meeting where the issue ispresented and are entitled to vote in accordance with law schoolbylaws, may waive the 25% rule for a particular student.(2) Examples <strong>of</strong> extraordinary circumstances that may result in awaiver are: (a) a member <strong>of</strong> the student’s immediate familybecomes seriously ill or (b) the student has a serious, extendedillness confirmed by a medical doctor. Such extraordinarycircumstances must be confirmed by the Associate Dean.(4) Waiver will be determined on a case-by-case basis.(G)Timing and Makeup SessionsAbsences shall be counted starting on the first day <strong>of</strong> the semester.Absences from makeup sessions are not counted.(H)Effective DateThis policy will be effective beginning January 1,2000Rev. August 2012 46


3-900 The Grading System3-901 Finality <strong>of</strong> GradesGrades are final when submitted to the dean’s <strong>of</strong>fice for recording. There shall beno change or revision <strong>of</strong> final grades, except for good cause shown acceptable tothe Associate Dean <strong>of</strong> Academic <strong>Affairs</strong>. For purposes <strong>of</strong> this section, good causeincludes, but is not limited to, arithmetic computational error, failure to grade aportion <strong>of</strong> an examination, failure to properly credit a student for completion <strong>of</strong>work in circumstances such as an instructor or proctor or other agent misplacing apaper or other required product, and such other compelling reasons under whichfundamental fairness requires a revision <strong>of</strong> the grade.3-902 Numerical GradesThe <strong>School</strong> <strong>of</strong> <strong>Law</strong> uses a numerical grading system with grades ranging from 50to 100. The letter grade equivalents <strong>of</strong> the numerical grades are as follows:3-903 Pass/Fail GradesA = 90-100B = 80-89C = 70-79D = 60-69F = 50-59A course may be designated by the faculty as a Pass-Fail course in which eitherthe grade <strong>of</strong> “P” (Pass) or “F” (Fail) will be awarded. Grades earned in Pass-Failcourses will not be included in the computation <strong>of</strong> the student’s weighted gradepoint average. An “F” received in a Pass-Fail course does count for all otherpurposes including retention standards (other than overall grade point average)and requirements for graduation.3-904 Anonymous Grading(A)(B)Final examinations and mid-year examinations in year-long courses shallbe graded anonymously to the extent possible.Work other than final examinations and mid-year examinations in yearlongcourses need not be graded anonymously even though that work iscounted in determining the final grade. Work which <strong>of</strong>ten is not gradedanonymously includes research papers, skills exercises, oral presentations,and other projects.Rev. August 2012 47


3-905 Timing <strong>of</strong> Final Written ExaminationsFor each course in which a final written examination is given, the finalexamination shall be given after the end <strong>of</strong> classes at the time and place scheduledby the dean or the dean’s designee.3-906 Excuse for Not Taking an Examination(A)(B)(C)(D)A student will not be excused from taking a final examination in anycourse, unless the student has been excused from taking the examinationby the dean or the dean’s designee.A student will be excused from taking an examination at the regularlyscheduled time or, in appropriate cases, at the scheduled makeup time forstudents with exam conflicts, only under special or unusual circumstances.The student must obtain permission before the examination date to takethe examination at a time other than at the regularly scheduled time.A student who fails to appear for an examination when it is scheduled andwho has not received prior permission to be excused from the examinationmust report to the associate dean for student affairs as soon as possibleafter the examination was given and explain why the examination wasmissed. If the Associate Dean is satisfied that the absence is due to illnessor some other special or unusual circumstances, the Associate Dean maygive the student permission to take a deferred examination. The makeupexamination must be taken in sufficient time to comply with the rule onincompletes.Employment will not be considered a special or unusual circumstance.3-907 Effect <strong>of</strong> Absence from the ExaminationA student who is registered in a course and who fails to take the final examinationfor the course will automatically receive a failing grade <strong>of</strong> fifty (50), unless thestudent has been excused from the examination under Rule 3-906 above.3-908 Re-examinationA student may be given only one final examination in each course each time thestudent takes the course. A student may not be re-examined for a course for thepurpose <strong>of</strong> raising the grade awarded on the first final examination. If a studentfails a course and retakes the course, the final examination given in the coursewhen the course is retaken is not a re-examination in the same course within themeaning <strong>of</strong> this rule.Rev. August 2012 48


3-909 Final Papers and Final Projects—When Due(A)General RuleSubject to the rule on granting extensions for incompletes in seminars andother courses, the final paper or other project is due on the last day <strong>of</strong> theexamination period, unless the pr<strong>of</strong>essor has shortened the time period. Ifthe pr<strong>of</strong>essor sets a due date before the last day <strong>of</strong> the examination period,the pr<strong>of</strong>essor must announce the date at the beginning <strong>of</strong> the semester andshould state the date in the course syllabus.(B)Graduating <strong>Student</strong>sFinal papers for all graduating students, including both juris doctor andLL.M. students, are due not earlier than the last day <strong>of</strong> classes, nor laterthan the last day <strong>of</strong> the first week <strong>of</strong> the 2L/3L examination period. If thepr<strong>of</strong>essor sets a due date before the last day <strong>of</strong> the examination period, thepr<strong>of</strong>essor must announce the date at the beginning <strong>of</strong> the semester andmust state the due date in the course syllabus.3-910 Other Papers and Other WorkPapers other than final papers and work other than final papers are due inaccordance with the requirements <strong>of</strong> the particular pr<strong>of</strong>essor in the particularcourse.3-911 Effect <strong>of</strong> Failure to Submit Papers or Other Work on TimeA pr<strong>of</strong>essor may, at his or her discretion, treat a final paper or other final projector work not submitted on time the same as missing a final examination, or he/shemay impose any lesser penalty for lateness. A pr<strong>of</strong>essor may, in the discretion <strong>of</strong>the pr<strong>of</strong>essor, penalize other papers or other work not submitted on time bylowering the grade (including assigning the paper or other work an “F’) on thatindividual paper or other work.3-912 Incompletes(A)Giving an incomplete is discouraged because <strong>of</strong> the potential unfairness <strong>of</strong>treating some students differently from others, and because <strong>of</strong> theadministrative problems created by incompletes, including calculatinggrade point averages and class rank, which in turn affect the award <strong>of</strong>grants and scholarships. Nonetheless, at times an incomplete grade isappropriate.Rev. August 2012 49


(B)(C)(D)(E)(F)The <strong>Guide</strong>lines for the Assignment <strong>of</strong> Incomplete Grades and Proceduresfor the Processing <strong>of</strong> Incompletes Grades (“Incomplete <strong>Guide</strong>lines”),adopted by the Board <strong>of</strong> Trustees and effective September 1994, controlthe assignment <strong>of</strong> incomplete grades. The guidelines are set out in theappendix. Given the grading system in the <strong>School</strong> <strong>of</strong> <strong>Law</strong> and the structure<strong>of</strong> the curriculum, the following adaptations <strong>of</strong> the guidelines apply.All letter grades to be given in connection with assigning an incompletegrade shall be replaced by a number chosen by the instructor <strong>of</strong> record inaccordance with the <strong>School</strong> <strong>of</strong> <strong>Law</strong> grading scale. By way <strong>of</strong> illustration,the instructor should report, instead <strong>of</strong> an “I/B,” an “I/80” or “I/88” or anyother number the instructor shall choose in the 80 to 89 range.For the purposes <strong>of</strong> Paragraph 2 <strong>of</strong> the Incomplete <strong>Guide</strong>lines, the terms“thesis, research, and practicum courses” refers to seminars, skills, andclinical courses.While Paragraph 4 <strong>of</strong> the Incomplete <strong>Guide</strong>lines provides that incompletegrades (I) must be removed no later than the last day <strong>of</strong> the semester inwhich the student is next in residence at <strong>Howard</strong> <strong>University</strong>, it is thepolicy <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong> that incomplete grades be removed as soon aspossible. Instructors may set and3The provisions <strong>of</strong> Paragraphs 1 and 3 <strong>of</strong> the Incomplete <strong>Guide</strong>lines mustbe read in conjunction with the provisions <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong> rules forthe taking <strong>of</strong> final examinations. <strong>Student</strong>s must comply with the <strong>School</strong> <strong>of</strong><strong>Law</strong>’s requirements before any instructor will assign an incomplete grade.As a practical matter, in a case where a student makes the requisiteshowing and is scheduled to take a deferred examination promptly, therewill be no need for an incomplete grade. If that deferred examination isdelayed well beyond the grading period, then the instructor is expected tohonor a request for assigning an incomplete. Typically the alternativegrade will be an “F”, especially in cases where the final examination is themain determinant <strong>of</strong> the course grade. In such a case, the instructor <strong>of</strong>record shall assign a grade <strong>of</strong> I/55.Rev. August 2012 50


3-913 Grade NormalizationHUSL has a policy <strong>of</strong> standardized grading based on approximately a B- curve forthe first year and a B/B- curve for upper level courses. The policy has botharithmetic mean requirements and grade distribution requirements. The arithmeticmean and the grade distribution requirements are set according to the type <strong>of</strong> theclass (first year or upper division) and the number <strong>of</strong> students enrolled in theclass. For smaller upper division classes, there are no distribution requirements.(A)General Applicability(1) This system applies to the August 1998 entering class and to allsubsequent entering classes.(2) This system is mandatory; it applies to all grades given to studentsin the J.D. and J.D/M.B.A. programs, but does not apply tostudents in the LL.M. program or in the summer abroad program.(The system also does not apply to Independent Studies or to thoseclinical programs having only one student.)(3) This system includes new retention standards and a modifieddegree requirement. Both are set out in Part III.(4) The system includes a modified honors requirement; students withcumulative law school grade point averages in the ranges specifiedherein-below shall be awarded honors, as indicated:89.00 -91.99 -- cum laude92.00 -95.99 -- magna cum laude96.00 -100.00 -- summa cum laudeRev. August 2012 51


(B)First Year Required Courses(1) The arithmetic mean for all grades in first year courses must fall inthe following range:81.00 - 83.00.(2) All grades in first year courses must meet the following gradedistribution standard:mm max% %90-100 (A) 10 1580-89 (B) 35 5070-79 (C) 20 3560-69 (D) 10 2050-59 (F) 0 5(3) Teachers <strong>of</strong> the same subject are encouraged, but not required tocollaborate in determining the mean and the distribution <strong>of</strong> thegrades in their sections.(C)Evidence, Constitutional <strong>Law</strong> II, and Pr<strong>of</strong>essional Responsibility(1) The arithmetic mean for all grades in the foregoing courses mustfall in the following range:82.00 - 85.00.(2) All grades in these courses must meet the following gradedistribution standard:mm max% %90-100 (A) 10 2080-89 (B) 35 6070-79 (C) 20 3560-69 (D) 0 1550-59 (F) 0 5(3) Teachers <strong>of</strong> the same subject are encouraged, but not required tocollaborate in determining the mean and the distribution <strong>of</strong> thegrades in their sections.Rev. August 2012 52


(D)Upper Level Courses with 30 or More <strong>Student</strong>s(1) The arithmetic mean for all grades in the foregoing courses mustfall in the following range:82.00 - 86.00.(2) All grades in these courses must meet the following gradedistribution standard:mm max% %90 – 100 (A) 10 2580 – 89 (B) 30 6570 – 79 (C) 15 3560 – 69 (D) 0 1550 – 59 (F) 0 5(3) Teachers <strong>of</strong> the same subject are encouraged, but not required tocollaborate in determining the mean and the distribution <strong>of</strong> thegrades in their sections.(E)Upper Level Courses with Fewer than 30 but more than 10 <strong>Student</strong>s(1) The arithmetic mean for all grades in the foregoing courses mustfall in the following range:83.00 - 88.00.(2) There is no grade distribution standard for these courses.(F)Upper Level Courses with 10 or Fewer <strong>Student</strong>s(1) The arithmetic mean for all grades in the foregoing courses mustfall in the following range:80.00 - 90.00.(2) There is no grade distribution standard for these courses.(3) Teachers are encouraged, but not required, to conform with therequirements <strong>of</strong> Part VI in grading courses falling under this PartRev. August 2012 53


VII. Nonetheless, small class size can produce a relatively widerange <strong>of</strong> grades, as the requirements <strong>of</strong> this Part VII reflect.(G)Grade Normalization Rounding RulesIn cases where the arithmetic calculation <strong>of</strong> distribution ranges produces afraction, a fraction equal to or greater than one-half (0.50) is to be roundedup to the next higher whole number, and a fraction less than one-half(0.50) is to be rounded down to the next lower whole number.(H)Exclusion <strong>of</strong> LL. M. <strong>Student</strong>s from Normalization StandardsThe work product <strong>of</strong> LL.M. students shall not be taken into account forany purpose whatsoever in applying the principles and rules <strong>of</strong> thenormalization policy.3-914 Review <strong>of</strong> Examinations and PapersA student may review his or her student’s examination or paper with the courseinstructor only in the semester immediately following the semester in which thecourse was taken, provided the grade was posted before or during that followingsemester. Otherwise, a student may review an examination or paper in thesemester during which or the semester immediately after which the grade wasposted. Each instructor may set reasonable limits on reviewing exams such asrequiring that exams be reviewed in the first 30 days <strong>of</strong> the next semester. Subjectto the provisions <strong>of</strong> 3-901, the purpose <strong>of</strong> examination reviews is to learn the lawand to learn how to write better law school exams in general, not to change thegrade.3-915 Review Procedure When the Instructor and Exam or Paper Are AvailableIn the event that the student and the instructor, particularly in the case <strong>of</strong> visitingor adjunct or other temporary instructor, cannot arrange a mutually convenienttime to review the final examination the student may submit a written request tothe instructor with a copy to the associate dean <strong>of</strong> academic affairs within fortyfive(45) days after the grades in that course are posted during the spring semesterfor examinations concluded during the Preceding fall semester and within fortyfive(45) days after the beginning <strong>of</strong> the fall semester for examinations concludedduring the preceding spring semester – an instructor is expected to review theexamination or paper with the student within thirty (30) days after receipt <strong>of</strong> thewritten request.Rev. August 2012 54


3-916 Review Procedure When the Instructor or Exam or Paper Are Not AvailableIf review by an instructor is not possible or is not feasible because <strong>of</strong> theinstructor's death, illness, or departure from the faculty, or the like, the studentshall be afforded the following alternatives to review the examination or paper:(A)(B)(C)(D)(E)(F)(G)If the examination and the student’s graded answers are available, then theexamination may be reviewed with a faculty member appointed by thedean or dean’s designeeIf either the examination or the student’s answers are unavailable; then thestudent must either (1) accept the posted grade as final; or (2) bereexamined by another faculty member selected by the dean or dean’sdesignee at a time to be determined by the dean; or (3) retake the course.Where a paper has been required as the final evaluation for academicperformance in a course and the paper is graded and available, then it maybe reviewed with a faculty member appointed by the dean or the dean’ sdesignee. This review cannot result in changing the grade.Where a paper has been required as the final evaluation for academicperformance in a course and the graded paper is unavailable then thestudent either (1) must accept the posted grade as final; (2) resubmit thepaper to be evaluated by a faculty member appointed by the dean ordean’s designee, provided the student can satisfy the <strong>Student</strong> <strong>Affairs</strong>Committee that the paper so submitted is a true, unedited copy <strong>of</strong> thepaper; (3) research and write another paper for the course and submit it tobe evaluated by a faculty member appointed by the dean or dean’sdesignee; or (4) retake the course.Where a faculty member is appointed to accommodate any <strong>of</strong> theprovisions <strong>of</strong> the subparagraphs <strong>of</strong> this section, every effort should bemade to appoint a faculty member who (1) is teaching or has taught thecourse or (2) is otherwise acquainted with the subject matter.All reviews and dispositions (where allowed) made pursuant to theseprovisions will be final and not subject to any additional or further reviewor appeal.Where a student elects the alternative <strong>of</strong> taking a new examination orwriting another research paper under the provisions <strong>of</strong> subparagraphs “2”and “4” <strong>of</strong> this section, respectively, the grade subsequently earned on theexamination or paper will constitute the final grade in the course.Rev. August 2012 55


(H) Except where specifically indicated, nothing in the previoussubparagraphs <strong>of</strong> this section shall be deemed to amend, alter, repeal orchange the other sections <strong>of</strong> the rules in this <strong>Guide</strong>.(I)Where a previously graded examination or paper is unavailable, then thestudent either (1) must accept the posted grade as final or, in the case <strong>of</strong> apaper, submit a carbon copy or photocopy or other copy <strong>of</strong> the paper(subject to the faculty member’s determination that such submission is anunedited copy <strong>of</strong> the original), or (2) in the alternative, take anotherexamination or write another paper for the course, whichever is applicable.3-1000 Academic Code <strong>of</strong> Conduct<strong>Law</strong> students are subject to the <strong>Howard</strong> <strong>University</strong> Academic Code <strong>of</strong> <strong>Student</strong>Conduct and to these rules. The following provisions are primarily an adoptionand elaboration <strong>of</strong> certain core provisions <strong>of</strong> the university code for the lawschool context. Every student must be aware <strong>of</strong> and act in accordance withnotions <strong>of</strong> scrupulous honesty in taking tests, in researching and writing papers,and in all aspects <strong>of</strong> the study and practice <strong>of</strong> law. Any student who cheats orplagiarizes is subject to discipline by the <strong>University</strong>, as well as by the law school.3-1001 Discipline for ViolationsA student who violates a rule or rules <strong>of</strong> the <strong>University</strong> Academic Code <strong>of</strong>Conduct or these rules may be disciplined by being subject to one or moresanctions including, but not limited to, reprimand; failure <strong>of</strong> the affected work,exam, or paper; failure <strong>of</strong> the course; notation in the student’s file; notice to barexaminers; and expulsion.3-1002 CheatingAcademic cheating is any intentional act <strong>of</strong> dishonesty in the fulfillment <strong>of</strong>academic course or program requirements. Cheating includes but is not limited tousing the assistance <strong>of</strong> any person, document, or other aid not explicitlyauthorized by the instructor or program involved.3-1003 PlagiarismThe full scope <strong>of</strong> cheating, plagiarism, and deceit cannot be clearly delineated.Nonetheless, the central tenet is articulable and understandable: One must neverpresent the work <strong>of</strong> another as one’s own. Copying from another in an exam, on apaper, or in other work violates this core principle. Quotations from and citationsto cases, statutes, treatises, law review articles, and other sources are commonRev. August 2012 56


examples <strong>of</strong> using ideas and expressions from others. The source <strong>of</strong> the quotationsor paraphrase or idea must be properly credited.One common problem area arises from paraphrasing. Lengthy paraphrasingshould be avoided. Reordering paraphrased paragraphs does not shield one fromthe necessity <strong>of</strong> giving proper credit to the source <strong>of</strong> the ideas. A single generalcitation at the end or beginning <strong>of</strong> a lengthy paraphrase does not adequately creditthe source, although such a citation for a single sentence or proposition <strong>of</strong>ten willbe adequate. If a lengthy passage <strong>of</strong> a student’s writing was largely inspired byand/or dependent on and/or consists <strong>of</strong> essentially a paraphrase <strong>of</strong> another’s work,the student’s citation should so disclose.Another common problem arises from the use <strong>of</strong> certain ideas and terms whichare so common in legal discourse (or general discourse) that no citation is needed.For example, one need not use a citation for the proposition that the freedom <strong>of</strong>speech is one <strong>of</strong> our most cherished and important liberties. Nonetheless, acitation to a Supreme Court case or to Jefferson or to some other authority whichdiscusses the point at greater length would be appropriate. When there is theslightest doubt about the need for citation, the citation should be included.3-1004 Seriousness <strong>of</strong> Academic PurposeTo achieve its educational purposes <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> mustmaintain an environment conducive to learning and to scholarly endeavors byboth faculty and students. Seriousness <strong>of</strong> academic purpose requires students toprepare daily, to complete assignments in a timely fashion, to attend class, to bepunctual, and to participate in class. Unexcused failure to meet one or more <strong>of</strong>these basic requirements may indicate a lack <strong>of</strong> seriousness <strong>of</strong> purpose and maysubject a student to discipline. Seriousness <strong>of</strong> academic purpose also encompassesappropriate conduct throughout the <strong>School</strong> <strong>of</strong> <strong>Law</strong>, the <strong>University</strong>, and theWashington, D.C., community.3-1005 EmploymentThe study <strong>of</strong> law, especially in the first year, is a full-time endeavor. Experiencehas proven that it is in the best academic interest <strong>of</strong> the student not to undertake apart- time job, especially during the first year <strong>of</strong> study. Nonetheless, the lawschool faculty and administration recognize that some students must obtain parttimejobs to help defray expenses. Consequently and in accordance with ABAstandards, the faculty has adopted a policy permitting part-time employment notto exceed 20 hours. The faculty reserves the right to require any student engagingin outside employment to either reduce or terminate the employment if, in thejudgment <strong>of</strong> the faculty, acting through the <strong>Student</strong> <strong>Affairs</strong> Committee, suchreduction or termination is warranted in light <strong>of</strong> the student’s academicRev. August 2012 57


performance. Non-employment may be a specific condition <strong>of</strong> readmission <strong>of</strong>discharged students.3-1100 Grievance and Disciplinary Procedures3-1101 Coordination with Procedures Specified in Particular Rules.All matters for which a specific body is identified or a specific procedure isprovided within these rules shall be handled according to that specific rule or therules and the procedures <strong>of</strong> that particular body.3-1102 Enforcement Procedure under the <strong>Howard</strong> <strong>University</strong> Academic Code <strong>of</strong><strong>Student</strong> Conduct.These procedures apply to allegations <strong>of</strong> academic violations. For allegations <strong>of</strong>other types <strong>of</strong> student misconduct the procedures specified in the <strong>University</strong><strong>Student</strong> Code <strong>of</strong> Conduct and Judiciary apply.(A)(B)Any faculty member or law school administrator who believes that astudent has violated the Academic Code <strong>of</strong> Conduct (e.g., by cheating orplagiarizing) shall assemble supporting evidence and identify additionalwitnesses to the infraction. The faculty member or administrator shallreport that information to the dean <strong>of</strong> the law school and to the director, ifany (e.g., LRRW Program, Clinic, or LL.M.), <strong>of</strong> the program in which theinfraction incurred. The report shall be made as soon as practicable afterdiscovery <strong>of</strong> the infraction.Upon being notified <strong>of</strong> the alleged infraction, the dean or, if the deandesignates another person to review the matter, the dean’s designee (e.g.,associate dean for academic affairs) shall, as soon as is practicable,consider the weight <strong>of</strong> the assembled evidence. If after reviewing theinformation and after consulting with the applicable program director, ifany, the dean or dean’s designee believes that the matter should proceedfurther, the dean or dean’s designee (1) shall notify the accused student <strong>of</strong>the charge(s) against him or her; (2) shall, set a time for a hearing beforethe student conduct committee; (3) shall notify, in writing, the student andthe committee members <strong>of</strong> the time and place <strong>of</strong> the hearing; (4) shallnotify the committee members <strong>of</strong> the identity <strong>of</strong> the accused student and <strong>of</strong>the nature <strong>of</strong> the charges; and (5) shall notify the affected facultymember(s), including in particular the faculty member reporting thepossible infraction. If the dean or dean’s designee believes the mattershould not go further, the dean or dean’s designee will so notify the personreporting the infraction.Rev. August 2012 58


(C)(D)(E)(F)(G)At the hearing, the accuser and the student shall be allowed to present theirevidence, including documents and witnesses. The committee membersmay ask questions <strong>of</strong> the student and the accuser as well as <strong>of</strong> thewitnesses. This is an informal hearing at which no legal counsel is allowedfor either side. The standard <strong>of</strong> pro<strong>of</strong> shall be substantial evidence with theburden <strong>of</strong> persuasion on the accuser.After the hearing, the committee shall, in closed session, vote by secretballot to sustain or reject the charge(s). If the charges are sustained, thecommittee shall then consider and recommend to the dean the disciplinarypenalty.As soon as practicable after receipt <strong>of</strong> the results <strong>of</strong> the hearing, includingthe committee’s recommendation, the dean shall notify the student, andthe accuser, any program director involved <strong>of</strong> the following: (1) theresults and recommendations; (2) the student’s right to appeal directly tothe dean to contest any disciplinary penalty recommended by thecommittee; and (3) the time by which the appeal to the dean must be taken(five working days from the date <strong>of</strong> receipt <strong>of</strong> notification).After hearing the appeal, if any, from the student, the dean shall determinethe appropriate penalty. The dean may accept, reject, or modify therecommendation <strong>of</strong> the committee. The dean’s decision is final. Thedecision shall be communicated to the student as soon as practicable.The minimum penalty shall be no credit for the course assignment orexamination. A more severe penalty such as failure <strong>of</strong> the course orsuspension or expulsion from the <strong>University</strong> may be imposed inappropriate cases.3-1103 <strong>Student</strong>-Initiated Academic Grievance ProceduresThe student grievance procedures <strong>of</strong> the <strong>University</strong> are to be followed whenapplicable. For purposes <strong>of</strong> applying those grievance procedures within the lawschool, program directors (e.g., LRRW Program Director, Clinic Director, andLLM. Program Director) will be treated as department chairpersons. The<strong>University</strong> procedures are reproduced immediately below with minor adaptationsto the law school situation.3-1104 The Informal Process To Address <strong>Student</strong>-Initiated Academic Grievances(A)A student who believes he or she has been aggrieved must first seekresolution <strong>of</strong> the dispute through an informal process with the other partyRev. August 2012 59


involved in the dispute. For example, a student concerned about a gradeshould first meet with the instructor who graded the student’s work.(B)(C)(D)If the student is unable to resolve the dispute with the other party directly,then the student must bring the matter to the attention <strong>of</strong> the director <strong>of</strong> theprogram or department, if applicable (e.g., LR.RW Program, ClinicProgram, Library, or LL.M. Program), or to the Associate Dean <strong>of</strong>Academic <strong>Affairs</strong> if there is no appropriate director. The Director shouldattempt to resolve the dispute informally through meeting(s) with theparties involved, individually, jointly, or both.Disputes not resolved by the relevant directors and disputes which ariseconcerning matters for which there is no director who would beresponsible are to be brought to the Associate Dean for Academic <strong>Affairs</strong>.The associate dean for academic affairs or other dean’s designee will seekto reach an informal resolution through mediation between the parties.If the mediation by the associate dean for academic affairs or dean’sdesignee fails, then the matter is to be referred to the <strong>School</strong> <strong>of</strong> <strong>Law</strong>Grievance Committee for review through the formal process.3-1105 The Formal Process To Address <strong>Student</strong>-Initiated Academic Grievances(A)(B)(C)(D)(E)(F)<strong>Student</strong> grievances which are consigned to the <strong>Student</strong> GrievanceCommittee must be specified in writing and given to the Dean or hisdesignee.A student’s written statement, along with supportive evidence, constitutesa case document, which will be submitted to each member <strong>of</strong> thecommittee.The second party to the dispute is also requested to provide the Office <strong>of</strong>the Dean with his or her account <strong>of</strong> the matter in dispute which becomes apart <strong>of</strong> the case document that is forwarded to the committee.The <strong>Student</strong> Grievance Committee is then required to set a date forconvening a meeting to hear the case(s) as expeditiously as possible.After the date has been set, each party to the dispute is sent a certifiedletter which informs him or her <strong>of</strong> the charges, and date <strong>of</strong> the meeting aswell as a statement requesting his or her presence.During the hearing, the student presents his/her case; after, the accusedparty is allowed to present the other side. Each side is permitted to havewitnesses.Rev. August 2012 60


(G)(H)(I)Following the hearing, members <strong>of</strong> the committee after deliberation ontheir assessment <strong>of</strong> the case reach a decision as to how the case should beresolved.The committee’s decision is sent to the Dean <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong> in theform <strong>of</strong> a recommendation.The Dean then informs the student in writing <strong>of</strong> the decision, which maybe based upon the committee’s recommendation or upon a modification <strong>of</strong>it. the Dean may accept, reject, or modify the recommendation <strong>of</strong> theCommittee. The Dean shall then provide written notice <strong>of</strong> the decision tothe following: the student, the other party, the Committee, the relevantprogram director (if any).3-1106 Grievances Relating to FacultyAll matters involving allegations <strong>of</strong> faculty misconduct (as distinguished from anacademic grievance) shall be presented to the dean <strong>of</strong> the <strong>School</strong> <strong>of</strong> <strong>Law</strong> or theassociate dean <strong>of</strong> academic affairs for further handling in accordance withapplicable <strong>University</strong> and <strong>School</strong> <strong>of</strong> <strong>Law</strong> procedures.3-1200 Construction, Interpretation, and Amendment3-1201 ConstructionAll rules and regulations are to be read and construed in conjunction with all otherrules and regulations in or referred to in this <strong>Guide</strong> and with the <strong>University</strong>regulations and rules. In the event <strong>of</strong> a conflict between a rule or regulation orstandard in the <strong>Guide</strong> and the <strong>University</strong>’s Academic Code <strong>of</strong> <strong>Student</strong> Conduct,the <strong>University</strong>’s Academic Code <strong>of</strong> <strong>Student</strong> Conduct shall control.3-1202 Authority to InterpretSubject to the authority <strong>of</strong> the Board <strong>of</strong> Trustees, the law school faculty has finalauthority on matters <strong>of</strong> interpretation <strong>of</strong> this <strong>Guide</strong>.3-1203 AmendmentsExcept for matters relating directly to degree requirements, this <strong>Guide</strong> may beamended and revised by a majority vote <strong>of</strong> the full-time faculty <strong>of</strong> the <strong>School</strong> <strong>of</strong><strong>Law</strong> subject to the approval, when necessary, <strong>of</strong> the president <strong>of</strong> the <strong>University</strong>.Prior to any regular meeting, or any special meeting <strong>of</strong> the faculty called toconsider any proposed amendment or revision, a copy <strong>of</strong> the proposed amendmentor revision shall have been sent to the president <strong>of</strong> the <strong>University</strong>, each member <strong>of</strong>the faculty and the president <strong>of</strong> the <strong>Student</strong> Bar Association at least fifteen (15)Rev. August 2012 61


days in advance <strong>of</strong> the meeting. Amendments to or revisions <strong>of</strong> degreerequirements require the approval <strong>of</strong> the Board <strong>of</strong> Trustees.Rev. August 2012 62


PART IV.J.D./M.B.A. PROGRAM4-101 GeneralThe <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> and the <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong>Business <strong>of</strong>fer a joint J.D./M.B.A degree program. In that program students mayreceive law school credit for selected courses taken in the <strong>School</strong> <strong>of</strong> Business andM.B.A. credit for law school courses. The joint-degree program is designed topermit a candidate to complete both degrees in four years or in four years plus onesummer. Normally each degree would require three years to completeindependently. Particulars about the program are available from the associatedean <strong>of</strong> academic affairs.4-102 Degree Requirements<strong>Student</strong>s participating in the joint J.D./M.B.A. degree program are subject to thefollowing requirements which, to the extent inconsistent with regular J.D.program requirements, modify those requirements.4-103 Allocation <strong>of</strong> CreditsThe J.D./M.B.A. is a four-year, full-time program <strong>of</strong>fered jointly by the <strong>School</strong> <strong>of</strong><strong>Law</strong> and the <strong>School</strong> <strong>of</strong> Business. To receive the J.D./M.B.A. degree, a studentmust complete a total <strong>of</strong> 105 semester hours including all <strong>of</strong> the separate courserequirements for both the J.D. and M.B.A. programs. Of the 105 semester hours,66 must be completed in the <strong>School</strong> <strong>of</strong> <strong>Law</strong>, and 39 must be completed in the<strong>School</strong> <strong>of</strong> Business. Upon successful completion <strong>of</strong> the program, the respectiveschools confer the J.D. and M.B.A degrees simultaneously. Additionally, a JointProgram Certificate will be awarded upon completion <strong>of</strong> the program.4-104 Transferability <strong>of</strong> grades.The credits for approved courses taken at the <strong>School</strong> <strong>of</strong> Business transfer andcount toward meeting the law school graduation requirements, but the gradesreceived from the <strong>School</strong> <strong>of</strong> Business Administration are not used for determiningclass rank, honors, gpa, entitlement to grants and scholarships, etc.Rev. August 2012 64


PART VMASTER OF LAWS PROGRAMRev. August 2012 65


PART V.MASTER OF LAWS PROGRAM5-100 GeneralThe <strong>School</strong> <strong>of</strong> <strong>Law</strong> <strong>of</strong>fers a Master <strong>of</strong> <strong>Law</strong>s (LL.M.) degree for foreign attorneys andforeign law graduates.5-101 Governing RulesUnless the context otherwise requires, LL.M. students are subject to all rules andregulations contained in other parts <strong>of</strong> this <strong>Guide</strong> as well as all university rulesand regulations.5-102 PurposesThe LL.M. Program is designed:(A)(B)(C)(D)(E)(F)(G)To <strong>of</strong>fer outstanding foreign lawyers and law graduates an opportunity toexpand their knowledge <strong>of</strong> law and legal processes and to engage in legalresearch;To enrich the <strong>School</strong> <strong>of</strong> <strong>Law</strong> by exposing its community to non-Americanlawyers and legal cultures and to contribute to the ongoing re-examinationand reinforcement <strong>of</strong> American law through the comparative method;To bring international acclaim and repute to the <strong>School</strong> <strong>of</strong> <strong>Law</strong> and the<strong>University</strong>;To contribute to the training for developing nations <strong>of</strong> judges, legalcounselors, government <strong>of</strong>ficials, pr<strong>of</strong>essors <strong>of</strong> law and privatepractitioners;To afford the <strong>University</strong> the opportunity to translate on a global scale itscommitment to the training <strong>of</strong> people who will be the leaders in thedevelopment <strong>of</strong> those who are the underdeveloped and dispossessed;To afford the <strong>School</strong> <strong>of</strong> <strong>Law</strong> the opportunity to provide its inimitabletraining in the uses <strong>of</strong> law for the political, social and economicadvancement <strong>of</strong> underdeveloped groups and states;To provide in-depth comparative legal perspectives on the basic lawRev. August 2012 66


courses (such as Contracts, Torts, Property, Criminal <strong>Law</strong>, and CivilProcedure); and(H)To transmit a working understanding <strong>of</strong> the fundamentals <strong>of</strong> private(commercial) and public international law.5-103 Degree RequirementsTo receive the Master <strong>of</strong> <strong>Law</strong>s (LL.M.) degree, a graduate student must meetthe following requirements within three years <strong>of</strong> the student’s initialenrollment:(A)(B)(C)(D)(E)(F)(G)Successfully complete 24 credits in approved courses;Successfully complete the course titled “Introduction to the U.S. LegalSystem”;Successfully complete a Graduate Thesis;Achieve a cumulative weighted average <strong>of</strong> at least 77 at the time <strong>of</strong>graduation;Be certified by the faculty as having satisfied the academic requirements<strong>of</strong> the <strong>University</strong> and the <strong>School</strong> <strong>of</strong> <strong>Law</strong>;Have completed one academic year in residence as a graduate student atthe <strong>Law</strong> <strong>School</strong>. This residency requirement must be fulfilled duringthe first year <strong>of</strong> the student’s enrollment; andSettle all financial and other obligations to <strong>Howard</strong> <strong>University</strong> and the <strong>School</strong><strong>of</strong> <strong>Law</strong>.5-104 Certificate in Comparative and International <strong>Law</strong>A student enrolled in the LL.M. program can obtain an additional certificate inComparative and International <strong>Law</strong> upon meeting the following requirements:(A)(B)A minimum <strong>of</strong> 15 credits in comparative and international law. The list <strong>of</strong>courses acceptable for the certificate will be designated by the LL.M.-J.D./M.B.A Committee.The writing requirement (thesis or seminar papers) must be met by writingin the area <strong>of</strong> comparative and international law.Rev. August 2012 67


5-200 LL.M. Course <strong>of</strong> Study5-201 LL.M. Required Coursework(A)LL.M. students must successfully complete 24 semester hours (credits) <strong>of</strong>coursework, including two required courses.(B) The required courses for the LL.M. students are the Introduction to the U.S.Legal System and the Graduate Thesis. <strong>Student</strong>s must earn the remainingcredits from among those courses <strong>of</strong>fered by the <strong>School</strong> <strong>of</strong> <strong>Law</strong> that are opento graduate students. All courses must be approved by the director <strong>of</strong> theLL.M. program..5-202 LL.M. Writing RequirementThe writing requirement is a graduate thesis <strong>of</strong> three, four, or five credits that issupervised by the director <strong>of</strong> the LL.M. program.5-203 Requirements for an LL.M. Thesis(A)The LL.M. Thesis is a significant in-depth scholarly product in aspecialized area. The student is required to complete the thesis underthe supervision <strong>of</strong> the director <strong>of</strong> the LL.M. program.(B)The Thesis must be on a topic approved by the director before the end<strong>of</strong> the “Add/Drop” period in the semester in which the thesis will besubmitted.(C)The written product must meet the following requirements:(1) It must provide full legal citation with full attribution given tothe work <strong>of</strong> others;(2) It must be the equivalent <strong>of</strong> at least thirty five (35) double-spacedtyped written pages with customary margins;(3) The thesis must be prepared under supervision. The supervisedwriting process must include at least submission <strong>of</strong> an outline (oroutline alternative such as includes a thesis statement andannotated bibliography), and at least one draft <strong>of</strong> the writtenproduct to the director prior to submission <strong>of</strong> the completed writtenproduct; andRev. August 2012 68


5-204 Internship(4) It must be completed and handed into the director at the time set bythe director. In no event shall a Thesis be submitted later than thelast day <strong>of</strong> scheduled third-year classes for that semester.The optional internship is a period <strong>of</strong> practical exposure and training at law<strong>of</strong>fices, governmental or inter-governmental or other international agencies orfacilities, including courts <strong>of</strong> law and administrative agencies. The place isselected by the student with the approval <strong>of</strong> the director, who ensures that a highqualityexperience is maintained.5-300 Other LL.M. Requirements5-301 Minimum grade for creditIn order to get credit in any course (including Legal Methods), a candidate mustearn a grade <strong>of</strong> no less than 70 in that course. Any grade below 70 will beconsidered a failing grade.5-302 Limit on Failed CoursesAn LL.M. candidate who fails two or more courses in one semester is ineligible tocontinue at the law school. An LL.M. candidate who has received three (3) ormore failing grades during his or her entire law school time, including failing thesame course more than once is ineligible to continue- at the law school. If astudent has passed a previously failed course, the original failure still countstoward the three-failure limit.5-303 Viability <strong>of</strong> CoursesExcept upon written recommendation <strong>of</strong> the director, based upon specialexamination <strong>of</strong> the candidate, no course that was pursued more than three yearsprior to the term in which the student presents herself/himself for the finalexamination will be credited toward the fulfillment <strong>of</strong> the requirements for thedegree.5-400 Registration and Other Formal Requirements5-401 RegistrationEach student is responsible for properly registering for courses. The student mustobtain the approval <strong>of</strong> the director <strong>of</strong> the LL.M. Program for the proposedRev. August 2012 69


egistration before or during the registration period. All courses must beapproved by the LL.M. program director.5-402 LL.M. Program FormalitiesEach student may be expected to meet with an <strong>of</strong>ficial from the Office <strong>of</strong>International <strong>Student</strong> Services. Each student is responsible for ensuring that allcopies <strong>of</strong> the Graduate <strong>Student</strong> Progress Form are up-to-date. <strong>Student</strong>s are advisedthat strict rules govern these matters as well as changes <strong>of</strong> program; minimum andmaximum student loads, withdrawal from the <strong>School</strong> <strong>of</strong> <strong>Law</strong>, and readmission tothe <strong>School</strong> <strong>of</strong> <strong>Law</strong>. <strong>Student</strong>s are responsible for familiarizing themselves withthese, and other, regulations <strong>of</strong> the graduate program.Rev. August 2012 70


Rev. August 2012 71


Rev. August 2012APPENDICES


Required CoursesElectivesAPPENDIX A—COURSE OFFERINGS AND COURSE DESCRIPTIONSCourseNumberCourse TitleNumber <strong>of</strong>Credits619 Civil Procedure I (First Year) 4612 Constitutional <strong>Law</strong> I (First Year) 3621 Constitutional <strong>Law</strong> II (Second Year Fall3Semester)615 Contracts (First Year, Two Semesters) 5616 Criminal <strong>Law</strong> (First Year) 3629 Evidence (Second or Third Year) 4611 Legal Methods/Civil Rights (First Year) 2613 Legal Reasoning, Research, & Writing (First 4Year, Two Semesters)654 Legal Writing II (Second Year, Fall or2Spring Semester)630 Legal Writing III (Second or Third Year) No additional creditbesides credit givenfor the seminar687 Pr<strong>of</strong>essional Responsibility (Second or3Third Year)614 Real Property (First Year) 4617 Torts (First Year) 4------ A skills course (Second or Third Year) Any Course designatedor listed onAppendix BCourseNumberCourse TitleNumber <strong>of</strong>Credits623 Administrative <strong>Law</strong> 3904Adoption <strong>Law</strong>: Theory, Policy, and Practice(CD)3733 Advanced Antitrust Seminar (CD) 3670 Advanced Corporate Problems SK 3997 Advanced Criminal <strong>Law</strong> Seminar (CD) 3720 Advanced Entertainment <strong>Law</strong> (CD) 3625 Advanced Legal Research SK 3901 Advanced Topics in Patent <strong>Law</strong> (CD) 3SK= Skills designation. See Appendix for list <strong>of</strong> skills courses.CD = See page 93.Rev. August 2012 73


Electives (continued)CourseNumber <strong>of</strong>Course TitleNumberCredits620 Advanced Torts * 3701 African and Customary Islamic <strong>Law</strong> ↑ 3627 Agency, Partnership, and Unincorporated3Business Organizations638 Alternative Dispute Resolution SK 3803 Alternative Dispute Resolution Clinic SK 8 credits overone year713 American Election <strong>Law</strong> and Policy (CD) 3626 Antitrust <strong>Law</strong> 3639 Appellate Advocacy SK 3710 Broker/Dealer Regulation 3996 Child, Family and the State (CD) 3953 Church and State (CD) 3800 Civil Litigation Clinic/D.C. <strong>Law</strong> <strong>Student</strong>sIn-Court Program ↑ SK12 credits overone year666 Civil Procedure II~Comp1ex Litigation 3721 Civil Rights Clinic SK 6 per semester705 Civil Rights Planning SK 3752 Clean Air and Climate Change (CD) 3--- Clinics (see specific clinic names)632 Collective Bargaining and Arbitration ↑ 3633 Commercial Paper 2634 Communications <strong>Law</strong> ↑ 3635 Comparative <strong>Law</strong> 3637 Conflicts <strong>of</strong> <strong>Law</strong>s 3906 Constitution and Democracy (CD) 3744Contemporary Development in SecuritiesRegulation II3950-956Contemporary Problems andDevelopments in the <strong>Law</strong> λ (CD Courses)3684 Copyrights 3640 Corporations 3* Generally <strong>of</strong>fered in alternate years.↑ Approved course, but <strong>of</strong>fered irregularlySK = Skills designation. See Appendix for list <strong>of</strong> skills courses.λ CD = See page 93.CD = See Page 93.Rev. August 2012 74


Electives (continued)CourseNumber641Course TitleNumber <strong>of</strong>CreditsCreditors’ and Debtors’ Rights andRemedies * 3804 Criminal Justice Clinic SK 12 credits overyear991 Criminal Justice Enforcement (CD) 3955 Criminal <strong>Law</strong> Enforcement (CD) 3642 Criminal Procedure I 3643 Criminal Procedure II * 3950 Critical Race Theory 3698Current Development in U.S. SupremeCourt Jurisprudence3636 Cyber <strong>Law</strong> Seminar 3719 Disability Rights <strong>Law</strong> * 2669 Domestic and International Sales 3727 Education <strong>Law</strong> 3Educational Inequality <strong>Law</strong> and AppliedResearch (CD)3Employee Benefits (ERISA) (CD) 3645 Entertainment <strong>Law</strong> 3740 Entrepreneurship, <strong>Law</strong> and Policy (CD) 3653 Environmental <strong>Law</strong> ↑ 3743 Environmental <strong>Law</strong> Clinic Externship SK 4653 Environmental Justice 3691 Equal Employment <strong>Law</strong> Seminar 3643 Estate and Gift Taxation 3739 Estate Planning (CD) SK 3706 Externship SK4 credits fall orspring718 Fair Housing Clinic I and II SK6 credits summer4 credits persemester716 Fair Housing Externship SK 4647 Family <strong>Law</strong> 3--- Family <strong>Law</strong> Certificate Program(Description)* Generally <strong>of</strong>fered in alternate years.SK = Skills designation. See Appendix for list <strong>of</strong> skills courses.↑ Approved course, but <strong>of</strong>fered irregularly.CD = See Page 93.Rev. August 2012 75


Electives (continued)CourseNumber <strong>of</strong>Course TitleNumberCredits993 Family <strong>Law</strong> Practice SK 3Federal Civil Rights <strong>Law</strong>: History andPhilosophy (CD)3680 Federal Courts 3649 Federal Criminal <strong>Law</strong> 3662 Federal Income Taxation <strong>of</strong> Individuals 3742 Federal Indian <strong>Law</strong> (CD) * 3Food and Drug <strong>Law</strong> * 3664 Gender and the <strong>Law</strong> 3907 Genetics and the <strong>Law</strong> (CD) * 3665 Government Contracts * 3976 Health <strong>Law</strong> (CD) 3964 Health, Race and <strong>Law</strong> (CD) 3994Hedge Funds, Private Equity Funds andOther Private Funds (CD)3987 Higher Education and the <strong>Law</strong> (CD) 3979 Housing and the Public Interest (CD) 3973 Housing Discrimination 2725 Housing Litigation SK 3656 Immigration <strong>Law</strong> 3700 Independent Study 2658 Insurance <strong>Law</strong> ↑ 3811 Intellectual Property/Trademark Clinic SK * 3 per semester738 Internal Revenue Service Externship 4668 International Business Transactions 3667 International Economic <strong>Law</strong> 3722 International Environmental <strong>Law</strong> (CD) * 3661 International <strong>Law</strong> 3672 International <strong>Law</strong> <strong>of</strong> Human Rights 3807 International Moot Court SK 1 per semesterIntroduction to Investment Management<strong>Law</strong> and Practice (CD)3810 Investor Justice and Education Clinic * 4673 Jurisprudence * 2SK= Skills designation. See Appendix for list <strong>of</strong> skills courses.* Generally <strong>of</strong>fered in alternate years.↑ Approved course, but <strong>of</strong>fered irregularly.CD = See Page 93.Rev. August 2012 76


Electives (continued)CourseNumberCourse TitleNumber <strong>of</strong>Credits674 Labor <strong>Law</strong> * 3675 Land Development and Planning ↑ 3659 Land Finance ↑ 3678 <strong>Law</strong> and Aging 3676 <strong>Law</strong> and Economic Analysis ↑ 3679 <strong>Law</strong> and Medicine ↑ 3<strong>Law</strong> and Religion (CD) 3677 <strong>Law</strong> and Social Science ↑ 3805 <strong>Law</strong> Journal (Two-year commitment)At least 1 persemester660 Legal Accounting * 3681 Legal Drafting SK 3Legal History (CD) 3611 Legal Method/Civil Rights 2708 Legal Problems in International Relations ↑ 3613 Legal Reasoning, Research, and Writing 4737 Marshall Brennan Seminar (year course) 3 per semester729 Maryland <strong>Law</strong> In National Perspective (CD) 3--- Mini-Course (Description) 1682 Municipal <strong>Law</strong> 3806 National Moot Court SK 1 per semester683 Negotiating, Interviewing andCounseling SK 3741 Non-Pr<strong>of</strong>it Organizations (CD) * 3686 Patent <strong>Law</strong> 3Patent Practice and Enforcement (CD) 3729 Predatory Lending ↑ 2685 Pre-trial Litigation Practice SK 3708 Problems <strong>of</strong> World Order 3982 Products Liability (CD) * 3675Property II: Introduction to Land Financeand Development4689 Race, <strong>Law</strong> and Change * 3692 Remedies 3751 Sales 3↑ Approved course, but <strong>of</strong>fered irregularly.SK = Skills designation. See Appendix for list <strong>of</strong> skills courses.* Generally <strong>of</strong>fered in alternate years.CD = See Page 93.Rev. August 2012 77


Electives (continued)CourseNumber <strong>of</strong>Course TitleNumberCredits693 Sales and Secured Transactions 4Securities Offerings, Registration andDisclosure (CD)3791 Secured Transactions 3726 SEC Externship SK 4694 Securities Regulation 3744 Securities Regulation II (CD) 3732 Social Justice <strong>Law</strong>yering 3902 Sustainable Development (CD) 3Tax Policy Seminar (CD) 3903 Terrorism and the <strong>Law</strong> (CD) 3The History and Development <strong>of</strong> the U.S.Department <strong>of</strong> Justice: UnderstandingModern Federal Prosecutorial Policy and3Discretion (CD)724 Trademark <strong>Law</strong> 3703 Trial Advocacy - Civil SK 2703 Trial Advocacy - Criminal SK 2698United States Supreme CourtJurisprudence (CD)3651 Wills, Trusts & Estates 4SK= Skills designation. See Appendix for list <strong>of</strong> skills courses.CD = See Page 93.Rev. August 2012 78


COURSE DESCRIPTIONSAdministrative <strong>Law</strong> (600-623) - 3 Credits(Prerequisite -Constitutional <strong>Law</strong> I)This course considers the implementation <strong>of</strong> legislative policy through the administrativeprocess and addresses the structure, functions, powers and procedures <strong>of</strong> administrativeagencies and their relationship to the courts, with emphasis upon the regulationsconsistent with the protection <strong>of</strong> liberty under law.Adoption <strong>Law</strong>: Theory, Policy and Practice (CD) (LWIII) (600-904) - 3 CreditsThis course <strong>of</strong>fers a survey <strong>of</strong> adoption law. <strong>Student</strong>s will learn historical andcontemporary perspectives <strong>of</strong> adoption law including the application, selection andapproval processes; and, facets <strong>of</strong> various types <strong>of</strong> adoption such as intercountry,transracial, transcultural, stepparent, second-parent, kinship, and same-sex adoptions.Also, recent developments in adoption law such as post-adoption contact, amendments <strong>of</strong>confidentiality statutes, and efforts to eliminate barriers to adoption (i.e., extravagantexpenses and discriminatory agency policies) will be discussed. In this interdisciplinarycourse, law students will discuss psychological and sociological consequences <strong>of</strong>adoption as well as statutes, cases and regulations that govern adoptions and the lawyers’role throughout the adoption process.Expectations: <strong>Student</strong>s will make an oral presentation to the class and write a paper on anadoption issue <strong>of</strong> their choice. In addition, students will participate in a communityproject such as creating a public service announcement to encourage citizens to adoptolder children and children <strong>of</strong> color (children who represent the largest groups <strong>of</strong>available children in the United States) or a script and presentation for a One Child/OneChurch announcement for local churches.Advanced Antitrust Seminar (LWIII) (600-733) (CD) – 3 credits(Prerequisite – Antitrust)Antitrust law has become a global endeavor in the last quarter century. Although theUnited States boasts the oldest antitrust enforcement system in the world, today over 100countries have antitrust statutes and enforcement agencies, and many, like the UnitedStates, either have or are planning to implement private rights <strong>of</strong> action to complementpublic enforcement <strong>of</strong> those laws. One <strong>of</strong> the great challenges in the world <strong>of</strong> antitrust,therefore, is to integrate and coordinate those global efforts. Another challenge is todevelop competition policies adequate to meet the needs <strong>of</strong> the rapidly changing, globalindustries <strong>of</strong> the information age.Advanced antitrust will build on the basic antitrust course to explore these new andgrowing dimensions <strong>of</strong> competition policy. Topics will include: (1) the challenges andcomplexities <strong>of</strong> public and private antitrust litigation; (2) utilizing economic evidence andthe standards <strong>of</strong> pro<strong>of</strong> in antitrust cases; (3) advanced merger analysis; (4) antitrust andintellectual property; (5) international antitrust, with special emphasis on competitionRev. August 2012 79


policy in the European Union and in transitioning and developing countries. We willmake use <strong>of</strong> our presence in Washington to invite guest speakers from government andthe private sector to join in our discussions.The course will be taught as a seminar, and final grades will based on a combination <strong>of</strong>class participation, a significant research paper, and a presentation <strong>of</strong> the paper topic tothe full class towards the end <strong>of</strong> the semester. <strong>Student</strong>s in the course will be eligible toseek Legal Writing III credit for their papers. Prior course work in economics is notrequired, but completion <strong>of</strong> the basis antitrust course is a prerequisite.Advanced Corporate Problems (Skills) (600-670) - 3 Credits(Prerequisites -Corporations and Federal Income Taxation <strong>of</strong> Individuals)This business-planning course combines advanced work in corporations and federaltaxation. <strong>Student</strong>s examine simulated problems that present a variety <strong>of</strong> corporate andtax issues for analysis and resolution. <strong>Student</strong>s are required to prepare memoranda oncertain aspects <strong>of</strong> the issues under consideration and selected corporate documents tocomplete the transactions for their clients.Advanced Legal Research (Skills) (600-625) - 3 CreditsThis course <strong>of</strong>fers a detailed and comprehensive examination <strong>of</strong> all legal researchresources in all formats, including an in-depth comparative study <strong>of</strong> manual andcomputerized research. The course combines class lectures with research assignments ongeneral and specialized topics so that the student can develop a research strategy andanalyze research results. Examinations are given.Advanced Entertainment <strong>Law</strong> (CD) (LWIII) (Seminar) (600-720) - 3 Credits(Prerequisite: Entertainment <strong>Law</strong>)This seminar will focus on substantive problems and issues in contemporaryentertainment law and will explore in depth the protection <strong>of</strong> intellectual property,contractual problems, statutory protection, tax implications, and business relationships inthe entertainment field among other areas. A substantial research and writing project onan entertainment law subject, as approved by the pr<strong>of</strong>essor, is required.Advanced Criminal <strong>Law</strong> Seminar (CD) (LWIII Eligible) (600-997) – 3 CreditsThis seminar will <strong>of</strong>fer an in-depth study <strong>of</strong> federal fraud and public corruptionprosecutions – with some emphasis on the Jack Johnson prosecution concerning theformer county executive <strong>of</strong> Prince Georges County – as well as the possible emergingscandals in the District <strong>of</strong> Columbia government. It is advisable that students have avery strong interest in criminal law and procedure, and it is extremely helpful, but notrequired, that students have taken either Criminal Procedure II and/or Federal Criminal<strong>Law</strong>. This seminar will presume an understanding <strong>of</strong> the criminal justice process beyondwhat is required for the Criminal <strong>Law</strong> course. A research paper is required for thiscourse.Rev. August 2012 80


Advanced Topics in Patent <strong>Law</strong> (CD) (600-901) * – 3 CreditsThis seminar course will address advanced topics in patent law, with emphasis given tosocial engineering and public service issues. We believe that the U.S. Constitution isdesigned to provide the ultimate in social engineering, affording pr<strong>of</strong>it and businessopportunities to all who invent patentable inventions regardless <strong>of</strong> race, religion, gender,sexual orientation, and national origin. The student will obtain an intense appreciation <strong>of</strong>how patent law can benefit his or her community in the distribution <strong>of</strong> wealth and capitaland will examine factors such as cost, which may impede those who are underrepresentedand disadvantaged. For example, taking the business <strong>of</strong> beauty care as a model, we willexplore why U.S. patents are sought and how those patents overcome barriers to marketentry, considering what cost barriers exist.Each session <strong>of</strong> the course seeks to confront legal structure underlying the Patent Statute,35 U.S.C. §§ 1 et seq., with its social and economic cost. In its Constitutional origins, thePatent Statute reflects an abiding, liberal conviction that inventions conceived by thehuman mind (if sufficiently useful, new, and non-obvious) constitute a form <strong>of</strong> personalproperty-and that the benefit <strong>of</strong> their use may exclusively be claimed and exploited bytheir creator, irrespective <strong>of</strong> his or her race, creed, or national origin. In practice,however, individual’s exercise <strong>of</strong> the exclusive personal property right conferred by thePatent Statute <strong>of</strong>ten conflicts with other important social and economic interests. Forexample, well-intentioned efforts to regulate the Patent system according to the calculus<strong>of</strong> social or economic utility may generate perverse disincentives to innovate.These competing legal, social, and economic interests continually struggle to balance thepatent rights <strong>of</strong> individual inventors with the public interest in developing affordableproducts embodying patentable inventions. Illustrating this dialectical process, we willfocus on topics such as the move to “break” pharmaceutical patent protection indeveloping nations; the evolution <strong>of</strong> patent rights on living organisms-including aspectsthe human genome-and the rights <strong>of</strong> all people to the benefits <strong>of</strong> such inventions; thepatentability <strong>of</strong> methods <strong>of</strong> doing business; the creation <strong>of</strong> exclusive rights over industrystandards; and the expansion <strong>of</strong> the patent right to exclude under the so-called doctrine <strong>of</strong>equivalents.Advanced Torts (Seminar) (600-620) - 3 CreditsThis course explores a limited number <strong>of</strong> torts and torts concepts in depth. Coverage mayvary from year to year and from instructor to instructor.African and Customary Islamic <strong>Law</strong> (600-701) – 3 CreditsThis rarely <strong>of</strong>fered course describes and analyzes the concepts and institutions <strong>of</strong>traditional African and Islamic Legal Systems and their adaptation and development inthe independent states.Rev. August 2012 81


Agency, Partnership and Unincorporated Business Organizations (600-627) - 3CreditsThis course presents an analysis <strong>of</strong> the legal nature <strong>of</strong> agency and partnershiprelationships and the rights and obligations arising from them. The doctrine <strong>of</strong>respondent superior is also examined.Alternative Dispute Resolution (Skills) (600-638) - 3 CreditsThis course surveys the various methods for resolving disputes without formal litigation.Methods considered will include mediation, arbitration, summary jury trials, andnegotiation. The theories for deciding when to choose which method and the proceduralrules and tactical concerns governing each method will be the focus <strong>of</strong> class discussion.<strong>Student</strong>s also will have the opportunity to practice some <strong>of</strong> the ADR techniques.Alternative Dispute Resolution Clinic (Skills) (year-long course) (600-803) - 8 credits(Prerequisite - Alternative Dispute Resolution)You can only register for this course with the approval <strong>of</strong> the Clinical Program.The ADR Clinic has a classroom component as well as an actual case-handlingcomponent. The classroom component includes two seventy-five (75) minute periods perweek in the form <strong>of</strong> a seminar. During the classroom component, <strong>Student</strong>s learn aboutthe choices that lawyers make (<strong>of</strong>ten without reflection) about the processes available forthe resolution <strong>of</strong> the disputes brought to them by their clients. One <strong>of</strong> the goals <strong>of</strong> theclassroom component is to deepen the students’ understanding <strong>of</strong> conflict and thelawyer’s role in its resolution. The theoretical perspective for the course would drawfrom a diverse range <strong>of</strong> scholarly work, not only from law, but from anthropology,business, communications, environmental studies, cognitive and social psychology,sociology, urban planning and other disciplines.Through the use <strong>of</strong> simulated exercises, the classroom component also will give studentsan opportunity to learn how to represent clients in dispute resolution processes other thanlitigation. Finally, <strong>Student</strong>s will learn the skills necessary to function as an effectivethird-party in various disputes. The seminar also will allow <strong>Student</strong>s to explore the legalissues which are extant in the still-emerging field <strong>of</strong> alternative dispute resolution. Someexamples <strong>of</strong> the issues to be explored (by no means exhaustive) in the seminarcomponent are: (1) the problem <strong>of</strong> power imbalance between disputants in mediation; (2)the meaning <strong>of</strong> confidentiality in mediation; (3) the need for certification and or licensing<strong>of</strong> mediators; (4) the ethical issues in mediation; and (5) the role <strong>of</strong> culture and diversityin the field <strong>of</strong> alternative dispute resolution.American Election <strong>Law</strong> and Policy (LWIII) (CD) (600-713) – 3 creditsThis course considers ways in which the law governing the political process affects andreflects political power relationships. Particular emphasis will be placed on the role <strong>of</strong>the election process in enhancing or retarding goals <strong>of</strong> social justice. Topics covered willinclude at least some <strong>of</strong> the following: the right to vote, voter disenfranchisement;minority vote dilution; campaign finance; Bush v. Gore; reapportionment; politicalRev. August 2012 82


parties; ballot propositions. No background in politics or political science is required.Antitrust (600-626) - 3 CreditsAntitrust law concerns the development and structure <strong>of</strong> free markets and the processeswhereby governments regulate competition. The primary focus <strong>of</strong> the course is thehistorical development <strong>of</strong> the economic and legal concepts <strong>of</strong> monopoly and competition,with particular emphasis on their current judicial interpretation under federal antitrustlaws. (An economics background is not required.)Appellate Advocacy (Skills) (600-639) - 3 Credits(Prerequisites- Civil Procedure 1, Evidence, LRRW, Legal Writing II)This skills course teaches the construction and designation <strong>of</strong> an appellate record, thepreparation <strong>of</strong> brief, standards <strong>of</strong> review on appeal, and oral argumentation <strong>of</strong> a case onappeal.Broker/Dealer Regulation (600-710) – 3 CreditsThis course examines the regulatory framework governing the operations and salespractices <strong>of</strong> broker/dealers and investment advisers. It also provides an introduction tothe U.S. financial markets and basic investment skills. The course will cover the role <strong>of</strong>the Securities and Exchange Commission ("Commission") and its oversightresponsibilities with respect to self-regulatory organizations (SROs), with an emphasis onthe National Association <strong>of</strong> Securities Dealers, Inc. (NASD) and the New York StockExchange (NYSE). The rules <strong>of</strong> the NASD and the NYSE will be examined to determinehow the securities industry regulates itself. This course will also evaluate the appropriaterole <strong>of</strong> securities industry organizations in the regulatory framework <strong>of</strong> the U.S. financialmarkets.Child, Family and the State (CD) (Seminar) (600-996) – 3 CreditsThis course will examine the conflict between parents and the government in maintainingauthority over children. The course will also consider the degree to which the law treatschildren as autonomous rights-bearing individuals and the degree to which it seeschildren as dependent objects <strong>of</strong> state and parental control. To that end, students willlook at law and policy governing parent rights, child abuse and neglect, foster care,adoption (domestic and international), education, and juvenile justice. Alice Miller’sworks will be the analytical lens through which students will not only examine theseissues, but also think about how laws can be changed laws and policies to create a better,non-violent world for children and families. A research paper is required in this course.There are no prerequisites for this course but students are strongly encouraged to havehad Family <strong>Law</strong>.Church and State (CD) (LWIII) (600—953) – 3 CreditsThis course examines the history, meaning and purpose <strong>of</strong> the Establishment and the FreeExercise <strong>of</strong> Religion Clauses contained in the First Amendment to the Constitution <strong>of</strong> theUnited States. America, from colonial times, has experienced religious diversity. TheRev. August 2012 83


nature <strong>of</strong> that diversity, however, has changed over time, and so have our views about thepolitical, economic, and legal consequences <strong>of</strong> that diversity. It is the ultimate purpose <strong>of</strong>this course to arrive at some defensible notions about the strengths and weaknesses <strong>of</strong>American church-state law, as informed by the Religion Clauses, and as interpreted bythe U.S. Supreme Court.Civil Litigation Clinic/D.C. <strong>Law</strong> <strong>Student</strong>s In-Court Program (600-800) ↑ (year-longcourse) (Pass/Fail) - 12 Credits (Prerequisites -Civil Procedure I and Evidence)(Skills)You can only register for this course with the approval <strong>of</strong> the Clinical Program.This clinic is a yearlong program in which the first semester is devoted to academicorientation, including simulated skills exercise demonstrated through video presentations.During the second semester, academic coverage and litigation activity relate tolandlord/tenant, consumer, and small claims representation. <strong>Student</strong>s handle cases underthe supervision <strong>of</strong> a staff attorney.Civil Procedure I (600-619) - 4 CreditsFirst Year Required CourseThis fall semester course introduces the first year law student to the modem system <strong>of</strong>civil litigation with particular emphasis on the federal Rules <strong>of</strong> Civil Procedure.Particular topics may vary, but will generally include the basis features <strong>of</strong> an adversarialsystem for dispute resolution and its alternatives, pleading, joiner <strong>of</strong> claims and parties,discovery, pretrial and post-trial motion practice, and concepts <strong>of</strong> personal and subjectmatter jurisdiction.Civil Procedure II ~ Complex Litigation (600-666) (LWIII) - 3 Credits(Prerequisite -Civil Procedure I)This course explores topics in civil procedure not normally covered in Civil Procedure I.Although the subject matter may vary, topics generally will include the nature anddefinition <strong>of</strong> complex litigation; joinder, particularly the use <strong>of</strong> class actions; multidistrictor parallel litigation; discovery; and judicial management <strong>of</strong> complex litigation.Emphasis will be placed on identifying practical solutions to the problems posed bycomplex civil litigation in light <strong>of</strong> competing policy interests.Civil Rights Clinic (Skills) (600-721) - 6 CreditsYou can only register for this course with the approval <strong>of</strong> the Clinical Program.The Civil Rights Clinic (CRC) litigates on behalf <strong>of</strong> indigent clients in civil rights andsocial justice cases. <strong>Student</strong>s in the clinic represent pro se plaintiffs in federal and stateappeals before the United States Court <strong>of</strong> Appeals for the D.C. Circuit, the United StatesCourt <strong>of</strong> Appeals for the Fourth Circuit, and the District <strong>of</strong> Columbia Court <strong>of</strong> Appeals.Cases include a range <strong>of</strong> civil rights matters such as employment and housingdiscrimination, police brutality, denial <strong>of</strong> full voting rights, unconstitutional prisonconditions, and procedural barriers that preclude indigent litigants from effective accessto the courts. <strong>Student</strong>s work with faculty in classroom-seminar and clinical-practiceRev. August 2012 84


settings to review the trial court record, prepare the appendix for appeal, consult withclient, research and write the appellate briefs, and prepare and conduct oral argumentwhen such argument is granted by the court. The pedagogical goal <strong>of</strong> the Clinic is forstudents and faculty to critically examine the analytical and linguistic challenges <strong>of</strong>effective courtroom advocacy, the legal and strategic considerations <strong>of</strong> the appellateprocess, the ethical and pr<strong>of</strong>essional obligations <strong>of</strong> client representation, and the socialand political implications <strong>of</strong> civil rights advocacy.Civil Rights Planning (Skills) (LWIII) (600-665) - 3 Credits(Prerequisites - Constitutional <strong>Law</strong> I & II)This course is an introduction to the practical, procedural, and substantive planningengaged in by lawyers helping to develop remedies for violations <strong>of</strong> the rights <strong>of</strong>minorities and women. These remedies include litigation, legislative and regulatoryadvocacy, demonstrations, and public information campaigns. <strong>Student</strong>s will write aresearch paper on the strategy and tactics <strong>of</strong> civil rights lawyering, based not only onlibrary work but also on interviews with civil rights practitioners, which the instructorwill arrange. Possible topics include “traditional” areas such as education, housing,voting and employment. Eligible topics also include newly-arising areas such as policebrutality, racial pr<strong>of</strong>iling, hate crimes, media stereotypes, environmental racism,“consumer” racism, disparate application <strong>of</strong> penal laws, census undercount, application<strong>of</strong> immigration laws, educational discrimination in integrated contexts, and under funding<strong>of</strong> minority schools.Clean Air and Global Climate Change: <strong>Law</strong>, Policy and Social Justice (CD)(Seminar) (600-752) – 3 CreditsThis is a seminar course with a truly international perspective, focusing on one <strong>of</strong> thehottest topics <strong>of</strong> our day. Climate change policy is likely to affect each <strong>of</strong> us, personallyand pr<strong>of</strong>essionally, for decades to come and have an impact on almost every facet <strong>of</strong> theglobal economy. This class will provide a chance to explore the development over thepast two decades <strong>of</strong> climate change science and global climate policy (including the UNFramework Convention on Climate Change, the Kyoto Protocol, the Montreal ClimateChange Summit, the reports <strong>of</strong> the Intergovernmental Panel on Climate Change, and theCopenhagen Climate Change Summit schedule for this coming December). Courseparticipants will also examine the history and foundational elements <strong>of</strong> domestic clean airlaw, and the relationship <strong>of</strong> existing clean air law and policy to the issue <strong>of</strong> climatechange, including ongoing efforts in Congress to adopt climate change legislation in theU.S. As an integral component <strong>of</strong> these inquiries, students will explore the challenging,and <strong>of</strong>ten overlooked social justice implications <strong>of</strong> clean air and climate change policy.The course will be interactive in nature, and informed by readings, multi-mediapresentations, and guest speakers, and will in many cases examine critical policy issuesas they are being debated in real time.Environmental <strong>Law</strong>, Environmental Justice, International Environmental <strong>Law</strong> and/or theEnvironmental <strong>Law</strong> Clinical Externship are recommended prerequisites, but not required.Rev. August 2012 85


ClinicsPlease refer to each individual clinic for specific descriptions. Below is a list <strong>of</strong> clinicalprograms available at or through the <strong>Law</strong> <strong>School</strong>:♦♦♦♦♦♦♦♦♦Alternative Dispute Resolution ClinicCivil Rights ClinicCriminal Justice ClinicD.C. <strong>Law</strong> <strong>Student</strong>s in CourtExternship ProgramFair Housing ClinicInvestor Justice ClinicIntellectual Property/TrademarkMarshall Brennan ProgramCollective Bargaining and Arbitration ↑ (Skills) (600-632) - 3 Credits(Prerequisite - Labor <strong>Law</strong>)This course studies the collective bargaining process and the role <strong>of</strong> arbitration inestablishing and maintaining the legal rights and duties <strong>of</strong> the employer and the union.Commercial Paper (600-633) - 2 CreditsThis course concerns negotiable instruments and their position in modern commercialtransactions, with special emphasis on commercial paper as payment devices in salestransactions.Communications <strong>Law</strong> (Seminar) ↑ (600-634) - 3 CreditsThis course surveys the legal and practical problems in the practice <strong>of</strong> communicationslaw before the Federal Communications Commission.Comparative <strong>Law</strong> (LWIII) (600-635) - 3 CreditsThis course presents a comparative study <strong>of</strong> legal principles and selected institutions <strong>of</strong>non-common law systems. Aspects <strong>of</strong> the history, sources, methods, civil and criminalprocedure, legal education, judicial system, codification and law <strong>of</strong> obligations arestudied. A significant focus will be on the civil law tradition in its modern context,including its use and modification in third world or socialist countries.Conflicts <strong>of</strong> <strong>Law</strong>s (600-637) - 3 Credits(Prerequisites - Civil Procedure I, Constitutional <strong>Law</strong> I & II)This course presents the body <strong>of</strong> principles relating to transactions with elements in morethan one state. The problem <strong>of</strong> choice <strong>of</strong> law will be examined with respect to marriageand divorce, property, contacts, wrongs, and procedure, with consideration given toconstitutional issues, the jurisdiction <strong>of</strong> courts and the enforcement <strong>of</strong> foreign judgments.Rev. August 2012 86


Constitution and Democracy (CD) (600-906) - 3 Credits(Prerequisite: Constitutional <strong>Law</strong> I)Democracy is the first principal <strong>of</strong> the Constitution: Its preamble begins with “We thePeople” and proceeds to set forth “justice,” the need for “domestic tranquility,” and thepromotion <strong>of</strong> the “general welfare” as its core purposes. The Civil War Amendmentsexpanded the initially limited understanding <strong>of</strong> the first principal. This course willexplore a range <strong>of</strong> issues in the light <strong>of</strong> that expanded first principal and those corepurposes. The struggle for racial justice, gender equality, individual liberty, educationalopportunity – all challenge the promise <strong>of</strong> democracy contained in the preamble to theConstitution. We will explore issues historically and in depth to try and understandtoday’s challenges to democracy and our Constitution. There will be a paper required forthis course. This course is not eligible for LWIII credit.Constitutional <strong>Law</strong> I (600-612) - 3 CreditsFirst Year Required CourseThis spring semester course examines the basic structures <strong>of</strong> the U.S. constitutionalsystem, the historical development <strong>of</strong> the Supreme Court as an institution, thephilosophical justifications for the exercise <strong>of</strong> judicial review and judicial authority <strong>of</strong>judges in a democratic society, and the various methods <strong>of</strong> legal reasoning that arebrought to bear in interpreting the Constitution. Among the topics to be examined arejudicial review, the commerce power and other powers <strong>of</strong> Congress, separation <strong>of</strong>powers, and economic liberties and redistribution (the contracts and the taking clauses).Constitutional <strong>Law</strong> II (Prerequisite -Constitutional <strong>Law</strong> I) (600-621) - 3 CreditsUpper Level Required CourseThis required fall-semester, second-year course examines the constitutional norms <strong>of</strong>equal protection and due process with a focus on such issues as racial discrimination, sexdiscrimination, abortion, voting rights, and disproportionate burdens on the poor. Thecourse may also examine some questions <strong>of</strong> freedom <strong>of</strong> speech, press, association, and/orreligion.Contemporary Developments in Securities Regulation II (600-744) - 3 Credits(Prerequisites - Securities Regulation I or Broker/Dealer Regulation orCorporations)Securities Regulation II explores all aspects <strong>of</strong> the U.S. Securities & ExchangeCommission’s (“Commission”) enforcement process, from both the government andprivate practitioner’s perspective, with emphasis on the Commission’s procedures in firstconducting an investigation and then either settling or litigating an enforcement action.Through selected examples <strong>of</strong> significant enforcement actions, the course will stress theprivate practitioner’s counseling considerations at strategic junctures in the enforcementprocess. The variety <strong>of</strong> actions available to the Commission, in different venues, and thebreadth <strong>of</strong> related remedies available in those actions, will be a particular focus, as willthe issues that arise in litigating an enforcement action. Also, this course will includediscussion and analysis <strong>of</strong> current, cutting-edge issues in securities regulation, litigationRev. August 2012 87


<strong>of</strong> enforcement actions, developments in self-regulatory organization enforcement, andcriminal prosecutions under the federal securities laws. Finally, this course will providean excellent opportunity to meet and establish relationships with leading privatepractitioners in the securities industry and senior members <strong>of</strong> the Commission’s staff.Contemporary Problems and Developments in the <strong>Law</strong> (Seminar) - 3 Credits(Prerequisite - will vary with topic and pr<strong>of</strong>essor) (600-950 to 956)This seminar will explore selected contemporary problems or developments in the law.Topics will vary, and may be drawn from a wide range <strong>of</strong> doctrinal areas, including, butnot limited to, torts, property, contracts, civil procedure, criminal law and procedure, andconstitutional law. Topics considered may also include developments that span severaldoctrinal areas, e.g., critical legal studies, critical race theory, law and literature, etc. Theproblems or developments to be considered during a particular semester shall be postedprior to registration so that students will have notice <strong>of</strong> the course content. The coursesare typically listed as “CD” on the course schedule followed by the title <strong>of</strong> the course.Some “CD” courses are <strong>of</strong>fered only once and others are <strong>of</strong>fered on a regular basis.“CD” courses that are <strong>of</strong>fered on a regular basis are listed below.♦ Adoption <strong>Law</strong>: Theory, Policy and Practice♦ Advanced Antitrust Seminar♦ Advanced Topics in Patent <strong>Law</strong>♦ American Election <strong>Law</strong> and Policy♦ Criminal <strong>Law</strong> Enforcement♦ Advanced Entertainment <strong>Law</strong>♦ Entrepreneurship, <strong>Law</strong> and Policy♦ Estate Planning♦ Health <strong>Law</strong>♦ Higher Education and The <strong>Law</strong>♦ Maryland <strong>Law</strong> In National Perspective♦ Non-Pr<strong>of</strong>it Organizations♦ Products Liability♦ Securities Regulation II♦ Sustainable Development♦ Terrorism and the <strong>Law</strong>“CD” courses <strong>of</strong>fered once on an irregular basis are listed below.♦ Constitution and Democracy♦ Diversity and the Global Capital Markets (Seminar)♦ Federal Indian <strong>Law</strong>♦ Genetics and the <strong>Law</strong>♦ Hedge Funds, Private Equity Funds and Other Private Funds♦ International Environmental <strong>Law</strong>♦ <strong>Law</strong> and Bioethics (Seminar)Rev. August 2012 88


Contracts (600-615) – 5 CreditsFirst Year Required CourseThis year-long course teaches the law <strong>of</strong> contracts, including intent, <strong>of</strong>fer and acceptance,capacity, consideration, contracts under seal, third party beneficiaries, assignments, theStatute <strong>of</strong> Frauds, performance and breach, discharge, illegal contracts and damages incontract actions.Copyrights (600-684) - 3 CreditsThis course surveys the basic copyright law under the Copyright Act <strong>of</strong> 1976, asamended, to include computer s<strong>of</strong>tware and to conform to the requirements <strong>of</strong> the BerneConvention. The course also surveys basic trademark law, including the Lanham Act.Key concepts such as copyrightable subject matter, the scope <strong>of</strong> exclusive rights, fair use,ownership issues, infringement, federal preemption <strong>of</strong> state actions, and internationalcopyright and trademark issues are studied.Corporations (600-640) - 3 CreditsThis course introduces the modern law <strong>of</strong> private corporations, including corporateorganization, finance and management, dissolution, merger and reorganization, the rightsand duties <strong>of</strong> subscribers, directors, shareholders and creditors.Creditors’ and Debtors’ Rights and Remedies (600-641) - 3 Credits(Prerequisite - Contracts)This course examines state and federal laws which govern the legal rights andrelationships between debtors and creditors in consumer and commercial transactions.Both non-judicial debtor/creditor dispute resolution options and the range <strong>of</strong> judicialmechanisms and remedies available under law, including, but not limited to, the federalbankruptcy statute, are examined. The course is intended to familiarize the student withthe salient legal issues pertinent to debt creation, collection, and/or satisfaction, the socioeconomicequities and objectives <strong>of</strong> debtor/creditor law in general and <strong>of</strong> the BankruptcyCode in particular, and the differing economic and social policies implicated in resolvingpersonal/consumer and commercial debt issues.Criminal Justice Clinic (Skills) (600-804) – 6 Credits (Total <strong>of</strong> 12 credits for theyear)(Prerequisites -Evidence, Civil Procedure, Criminal Procedure I)You can only register for this course with the approval <strong>of</strong> the Clinical Program.The Criminal Justice Clinic (CJC) is a one-year clinical course for which a <strong>Student</strong>receives twelve (12) credits. The classroom portion <strong>of</strong> this clinic includes two (2)seminar sessions per week each <strong>of</strong> which is two (2) hours in duration. These sessions areco-taught and include review <strong>of</strong> substantive criminal law and procedure, skill set practicesessions, mock trials, and case rounds. All skill practice sessions, mock trials, and caserounds sessions include case analysis and strategizing, and reflection on representationand skill development. The legal work includes representing indigent individualsRev. August 2012 89


charged with criminal misdemeanors in the District <strong>of</strong> Columbia. The students, with theassistance and guidance <strong>of</strong> the CJC faculty, are responsible for all aspects <strong>of</strong> clientrepresentation from preparation <strong>of</strong> the case (investigation, client consultation, draftingand filing <strong>of</strong> pleadings and plea bargaining) to appearing before the Court at all stages <strong>of</strong>the proceedings.Criminal Justice Enforcement (CD) (Seminar) (Prerequisite: Criminal Procedure I)(600-991) – 3 CreditsScholars and activist have questioned whether criminal <strong>Law</strong> and its enforcement inure tothe benefit <strong>of</strong> all segments <strong>of</strong> the U.S. population, and have used a variety <strong>of</strong>methodologies to expose race, gender, and class bias. In addition, many have questionedthe punitive model <strong>of</strong> addressing undesirable conduct and the increasing power given tothe state to investigate and detain. This course will cover debates over certain substantiveareas <strong>of</strong> law, including Domestic Violence and Rape, and debates over police power,including “Driving While Black” detentions and the Consent-to-Search exception to theFourth Amendment. Some controversies over punishment may also be addressed,including the Death Penalty and the Restorative Justice Movement that imports aspects <strong>of</strong>the South African Truth Commission.<strong>Student</strong>s will be given an opportunity to choose a final paper topic that interests them,whether it focuses on an area <strong>of</strong> substantive criminal law, punishment, or the procedurespolice use to investigate crime. Topics are not limited to the subjects taught in class.Papers must include a critical component, and students will be prepared for this byreadings and class discussions throughout the course. There will be smaller writingassigned to provide opportunity for feedback before the final paper is due. Grades will bebased upon (1) class participation, (2) a presentation to the class on your paper topic, and(3) written assignments including a final paper.Criminal <strong>Law</strong> (600-616) – 3 CreditsFirst Year Required CourseThis spring semester course provides an introduction to the basic principles <strong>of</strong> thesubstantive criminal law, as well as the elements <strong>of</strong> some common crimes to illustratethose basic principles. Topics covered will include, among others, actus reus, mens rea,homicide, self-defense, conspiracy, and attempts. The course emphasizes the skill <strong>of</strong>statutory interpretation and a comparison between common law and the Model PenalCode approaches to criminal liabilityCriminal <strong>Law</strong> Enforcement (CD) (Seminar) (LWIII) - 3 Credits(Prerequisite -Criminal <strong>Law</strong>) (600-955)This course focuses on substantive problems and issues in contemporary criminal law. Asubstantial research and writing project on a criminal law subject is required.Criminal Procedure I (600-642) - 3 CreditsThis course covers primarily pre-trial constitutional issues <strong>of</strong> criminal procedure andRev. August 2012 90


some significant discussion <strong>of</strong> the exclusionary rule and related statutes. Topics coveredinclude searches and seizures, confessions, line-ups and photo-spreads, the right tocounsel, and grand jury representation.Criminal Procedure II (600-643) – 3 CreditsThis course covers primarily trial and post-trial criminal procedure doctrines, as well assome pretrial doctrines not covered in Criminal Procedure I. Topics covered wilt includebail, speedy trial, guilty pleas, joinder and severance, jury selection, effective assistance<strong>of</strong> counsel, sentencing, double jeopardy, and collateral attack. Criminal Procedure I isnot a prerequisite. This course is highly recommended for those contemplating criminalpractice.Critical Race Theory (600-950) (LWIII) (Seminar) – 3 CreditsThis course challenges the orthodox legal representation that law is neutral and objective.Readings and class discussion will examine the way in which the concept and importance<strong>of</strong> race had been silently embedded in the law such that it influences most decisionmaking,yet remains invisible to the conscious mind <strong>of</strong> the law maker. The readings arecentered on the experiences <strong>of</strong> Africans and their descendants in the United States,however, discussions will also focus on the experience <strong>of</strong> immigrants <strong>of</strong> color and theways in which interpretations <strong>of</strong> “race” impacted and continue to impact theirexperiences in the U.S. This is a jurisprudence course. <strong>Student</strong>s will be expected to readthe law and engage in philosophical discussion regarding the development andapplication <strong>of</strong> the law.Current Development in U.S. Supreme Court Jurisprudence * (600-698) - 3 Credits(Prerequisite - Constitutional <strong>Law</strong> I) (LWIII)This course is a 3-credit experiential seminar, in which students work in-role toadjudicate a selected sample <strong>of</strong> cases currently pending before the United States SupremeCourt. At the beginning <strong>of</strong> the semester, students are provided with the actual briefs thathave been filed with the Court and for which oral arguments have been scheduled. Overthe course <strong>of</strong> the semester, students in the role <strong>of</strong> “Justices” review the briefs, researchthe authorities cited therein, and meet as a court during regularly scheduled conferencesessions to consider cases in turn, vote on an outcome, and assign drafters <strong>of</strong> majority andconcurring and dissenting opinions. With each completed set <strong>of</strong> written opinions,students reconvene with faculty in seminar meetings to reflect on the decisions and theissues they raised. While the selection <strong>of</strong> cases for the course will necessarily varydepending on the Supreme Court’s current docket, it is expected that the course will takeup cases in constitutional law, criminal law, civil liberties, civil procedure, federalism andadministrative law. The pedagogical goal <strong>of</strong> the course is to use the Court’s docket notonly as a tool for teaching theories <strong>of</strong> legal interpretation, analytical reasoning, writingskills and oral presentation, but also as a means <strong>of</strong> examining the Court’s institutionalrole in addressing questions <strong>of</strong> social and political import and controversy. Like thetheoretical ideal <strong>of</strong> Supreme Court itself, the course benefits from and welcomes adiverse range <strong>of</strong> student backgrounds, philosophies and perspectives.Rev. August 2012 91


Cyber <strong>Law</strong> 3 Credits (LWIII) (600-636) – 3 creditsThis seminar course examines the body <strong>of</strong> jurisprudence, including the relevant state andfederal statutes, which govern the legal rights and relationships arising in connection withthe development, use, and dissemination <strong>of</strong> computer s<strong>of</strong>tware, digital information, andsimilar kinds <strong>of</strong> intellectual property, in private, consumer and commercial transactions,as well as the use <strong>of</strong> traditional forms <strong>of</strong> intellectual property in new technological mediaand formats. <strong>Student</strong>s are encouraged to consider and/or propose in their paper topicsunique questions regarding these socio-legal challenges, including any specialimplications for disempowered or disenfranchised groups, such as the problem <strong>of</strong> the“Digital Divide”, and the beneficial resolution <strong>of</strong> such issues in a modern commercialsociety. This course is eligible for Legal Writing III Credit.Disability Rights <strong>Law</strong> (600-719) – 2 creditsThis course will examine the rights and responsibilities arising from major federalstatutes that prohibit discrimination against persons with disabilities, as well asadministrative procedures, litigation rights and potential remedies. Focus will be paid tothe Americans with Disabilities Act (ADA), specifically the areas <strong>of</strong> Employment (TitleI), Public Accommodations (Title III) and Governmental Services and Programs (TitleII), as well as the Fair Housing Act (FHA) and the Individuals with DisabilitiesEducation Act (IDEA). Readings, discussions, and speakers will focus on the definition<strong>of</strong> disability, the requirements for making reasonable accommodations and providingeffective communication, medical exams and disability- related inquiries, individualizededucation plans, and program access requirements. There is a research paper required forthis course. This course is not eligible for LWIII credit.Domestic and International Sales (600-669) - 3 CreditsThis course studies the law applicable to international sales (importing and exporting)and presents the transnational aspect <strong>of</strong> international trade. The course coverstransnational issues (e.g., formation, warranties, breach, payment, remedies), financing(e.g., letters <strong>of</strong> credit), bills <strong>of</strong> lading, import restrictions and requirements, and disputeresolution, as well as other aspects <strong>of</strong> international sales. The U.N. Convention on theInternational Sales <strong>of</strong> Goods will be the focal point for certain aspects <strong>of</strong> the course.Education <strong>Law</strong> (600-727) – 3 creditsEducation <strong>Law</strong> will focus on the constitutional and statutory law that both constrains andempowers public elementary and secondary schools. The course will explore publiceducation from two perspectives: that <strong>of</strong> the school and that <strong>of</strong> the student. From theschool’s perspective, the course will cover the First, Fourth and Fourteenth Amendments’grants <strong>of</strong> authority to and constraints <strong>of</strong> power <strong>of</strong> public schools, including establishment<strong>of</strong> religion, curriculum choices, searches and seizures, and antidiscrimination. From thestudents’ perspective, the course will explore their rights <strong>of</strong> equal protection, due process,freedom <strong>of</strong> speech, special education accommodations, and access to an adequate or highquality education. This will entail analysis <strong>of</strong> the same above referenced constitutionalamendments, but will also include Title VI <strong>of</strong> the Civil Rights Act <strong>of</strong> 1964, Title IX <strong>of</strong>Rev. August 2012 92


the Education Amendments <strong>of</strong> 1972, Individuals with Disabilities Education Act, stateconstitutional education clauses, and the Leave No Child Behind Act.Educational Inequality <strong>Law</strong> and Applied Research (CD) (Prerequisite: Education<strong>Law</strong>) – 3 CreditThe course will engage students in legal, empirical and social science research in specificcategories <strong>of</strong> educational inequality. These areas <strong>of</strong> inequality include studentachievement, access to high quality teachers, special education, access to high qualitycurriculum, school funding, and discipline. <strong>Student</strong>s’ tasks over the course <strong>of</strong> thesemester will be to develop the necessary facts and social science to assess the extent towhich race and poverty are the causes <strong>of</strong> these inequalities. <strong>Student</strong>s will then preparereports and memorandum that provide the context for evaluating whether theseinequalities are deprivations <strong>of</strong> students’ legal rights. However, no single student willcover all <strong>of</strong> these areas <strong>of</strong> inequality. Based upon student interests and research needs,the pr<strong>of</strong>essor will assign each student to focus on one to two areas. Finally, students willwork in conjunction with the pr<strong>of</strong>essor to prepare final reports and studies to bedisseminated to the wider educational community.<strong>Student</strong>s will be evaluated through research and writing assignments and classparticipation. The research and writing assignments include at a minimum: one legalmemorandum, one data compilation and evaluation, and an annotated bibliography <strong>of</strong>social science. Some assignments will require students to work in teams and provideregular updates to the pr<strong>of</strong>essor. <strong>Student</strong>s’ class participation grade will be based onstudents’ effective collaboration with and contribution to their team, and theirpr<strong>of</strong>essionalism in terms <strong>of</strong> effort, communication, timeliness, and responsiveness ininteracting with the pr<strong>of</strong>essor.Employee Benefits (ERISA) (CD) – 3 CreditsThis course will provide students with an overview <strong>of</strong> the regulatory scheme governingemployer sponsored arrangements to provide retirement income and/or health and/ortraining benefits for employees (employee benefit plans) under the Employee RetirementIncome Security Act <strong>of</strong> 1974 (ERISA). The course will focus on the fiduciary provisions<strong>of</strong> part 4 <strong>of</strong> Title I <strong>of</strong> ERISA including reporting and disclosure obligations, fiduciarystatus/duties, prohibited transactions, exemptions, enforcement and civil remedies. Inaddition, the course will provide a brief overview <strong>of</strong> parts 6 and 7 <strong>of</strong> Title I <strong>of</strong> ERISAwhich relate to group health plans.Entertainment <strong>Law</strong>This course explores the protection <strong>of</strong> intellectual property, contractual problems,statutory protection, and tax implications, examining business relationships in theentertainment field.Entrepreneurship, <strong>Law</strong> and Policy (CD) (600-740) - 3 creditsThe purpose <strong>of</strong> the course is to teach law students how to practically apply the wide andRev. August 2012 93


varied body <strong>of</strong> legal principles involved in establishing and expanding a business venture.The course will primarily explore the role <strong>of</strong> law in the entrepreneurial process in thefollowing legal areas: corporate law, agency law, business organizations’ law, intellectualproperty law, small business administration law, tax law, franchise law and the law whichgoverns efforts to raise capital. The course will also discuss related topics such as how towrite a business plan and how to finance and market the emerging business.The course will require that students choose a particular business they wish to establish,write a business plan for the proposed venture, determine how they will market thebusiness, determine what most be done to make the business financially viable, draftarticles <strong>of</strong> organization for the proposed business, determine how they will finance theparticular business, obtain the necessary forms to obtain financing, evaluate whether theywill need to obtain trademarks, copyrights or patents for the business, and determine whowill be responsible for the preparation <strong>of</strong> such items as taxes, income statements andbalance sheets.The students may choose from several types <strong>of</strong> businesses they wish to start including alaw firm, a title company, other personal service businesses (e.g., a cleaning business), afranchised business (Subway, Dunkin Donut, etc.), a retail outlet, or other types <strong>of</strong>businesses. Relevant guest speakers will discuss how they established, expanded andmaintained their particular business enterprise throughout the years.Environmental <strong>Law</strong> (Seminar) ↑(600-653) - 3 CreditsThis course deals with the various laws and regulations relating to waste disposal, smogand pollution control, conservation, aesthetic zoning, birth and population control,abortion, and nuclear testing. The constitutional implications <strong>of</strong> ecology and thedevelopment <strong>of</strong> a body <strong>of</strong> law dealing with the myriad problems <strong>of</strong> it will beinvestigation and Studied.Environmental <strong>Law</strong> Clinic Externship (Pass/Fail) (Skills) (one semester course)(600-743) - 4 CreditsYou can only register for this course with the approval <strong>of</strong> the Clinical Program.<strong>Howard</strong> <strong>Law</strong>’s Clinical <strong>Law</strong> Center has entered into a unique collaboration with theNational Resources Defense Council (NRDC), a nationally recognized environmentaladvocacy and litigation firm with a variety <strong>of</strong> initiatives in many areas <strong>of</strong> environmentaland public health, to establish an environmental law clinical program at the school. ThisExternship will accept up to a maximum <strong>of</strong> eight (8) students per semester. <strong>Student</strong>s willreceive 4 credits for successful completion <strong>of</strong> the course and be graded on a pass/failbasis. While there are no prerequisites for the course, some recommended companioncourses are administrative law, environmental law, sustainable development andenvironmental justice. <strong>Student</strong>s must submit applications to the Clinical <strong>Law</strong> Programduring the regularly scheduled application period and will be interviewed by the ClinicDirector or attorneys from NRDC. While third year students are preferred, second yearstudents with a particular interest in this field <strong>of</strong> law will be considered.Rev. August 2012 94


Participants will work under the supervision <strong>of</strong> attorneys at the Natural ResourcesDefense Council <strong>of</strong>fice in Washington, D.C. Approximately 10-15 hours <strong>of</strong> work perweek is required. Typical issues for research may include protection <strong>of</strong> WashingtonD.C.’s drinking water, Anacostia River issues, energy efficiency, global warming, publichealth, clean air, water pollution, and environmental justice litigation. <strong>Student</strong>s will berequired to attend a two-hour session a week that are devoted to a discussion <strong>of</strong>environmental law and policy and include a substantive presentation by a NRDC attorneyor a distinguished visiting speaker. One session per semester will be dedicated to a mootcourt exercise relating to a pending environmental case or timely issue. Each student willbe expected to give a brief presentation to the class during the second half <strong>of</strong> the semesteron an important environmental law or justice issue.Environmental Justice (Seminar) (600-653) – 3 CreditsThis course will focus on the interaction <strong>of</strong> the environmental and the civil rights laws asthey relate to the issues <strong>of</strong> human health safety and welfare for minorities and ourcommunities. In the course, we will trace and analyze the history <strong>of</strong> hazardous wastesitting in the majority and minority communities, the results <strong>of</strong> the application <strong>of</strong> theenvironmental laws and the various civil rights laws <strong>of</strong> the sitting problem and the recentinvolvement <strong>of</strong> the Executive and EPA to police agency action in sitting hazardous wastefacilities in our communities. Based upon our assigned readings, information from thelectures and seminar discussion, we will attempt to crystallize the relevant issues anddevise alternative solutions to those issues. The student will be required to submit a paperoriented toward finding a solution to some aspect <strong>of</strong> the multifaceted problem <strong>of</strong>environmental justice.Equal Employment <strong>Law</strong> (Seminar) (600-691) - 3 Credits(Prerequisites- Constitutional <strong>Law</strong> I & II)This course presents full coverage <strong>of</strong> the wide range <strong>of</strong> laws and regulations governingemployment discrimination and an analysis <strong>of</strong> their interrelationships. The followinglaws are considered: The Fifth and Fourteenth Amendments; The Civil Rights Act <strong>of</strong>1986; Title VII <strong>of</strong> 1963; The National Labor Relations Act; The Age Discrimination inEmployment Act; Federal Executive Orders dealing with Equal Employment; EqualEmployment provisions in other federal laws; selected local and state laws.Estate and Gift Taxation (600-646) - 3 Credits(Prerequisite -Federal Income Taxation <strong>of</strong> Individuals)This course involves the study <strong>of</strong> provisions <strong>of</strong> the Internal Revenue Code applicable t<strong>of</strong>ederal estate and gift taxes. Special attention is given to marital deductions, jointinterests and life insurance.Estate Planning (CD) (Skills) – 3 credits (Prerequisite: Wills, Trusts & Estates)This is a three credit, skills course in which students will study wills, trusts, futureinterests and some tax in a law <strong>of</strong>fice context. <strong>Student</strong>s will be expected to preparedocuments that are part <strong>of</strong> the estate planning process.Rev. August 2012 95


Externship (600-706) (Pass/Fail) 4 Credits (Fall or Spring) - 6 Credits (Summer)(Summer/Fall Program)<strong>Student</strong>s must have approval <strong>of</strong> the Clinical Program to register.The Externship Program provides second and third year law students with exciting andvaried learning opportunities in the work world through law-related field work. <strong>Student</strong>sare placed with governmental or administrative agencies, public interest or legal serviceprovider organizations, with members <strong>of</strong> the judiciary or, in limited instances, private lawfirms. <strong>Student</strong>s work for one semester in a field placement under the supervision <strong>of</strong> anattorney, and participate in an Externship seminar, which draws upon their workexperience and enriches their understanding <strong>of</strong> the law, legal institutions, and the role <strong>of</strong>lawyers. The goal <strong>of</strong> the Externship seminar is to encourage student reflection on thepractice <strong>of</strong> law, strengthen basic lawyering skills, and sensitize students to issuesinvolving ethics and responsibilities. Seminar requirements include weekend attendanceat the Externship seminar and the maintenance <strong>of</strong> a reflective journal <strong>of</strong> the student’sfield work activities.Evidence (Prerequisite -Civil Procedure) (600-629) - 4 CreditsUpper Level Required CourseThis required upper level course teaches the system <strong>of</strong> rules by which the admission <strong>of</strong>pro<strong>of</strong> at the trial <strong>of</strong> a lawsuit is regulated, including judicial notice, hearsay, thequalifications and privileges <strong>of</strong> witnesses, the conduct <strong>of</strong> examinations, the competency,relevancy and materiality <strong>of</strong> evidence, legal presumptions and the burden <strong>of</strong> pro<strong>of</strong>, andthe functions <strong>of</strong> judge and jury Evidence is a prerequisite for other courses such as theclinics.Fair Housing Clinic I and II (Skills) (600-718) – 4 Credits presemesterYou can only register for this course with the approval <strong>of</strong> the Clinical Program.The Fair Housing Clinic has two sections, to accommodate students who wish to take asecond semester <strong>of</strong> the clinic. The basic program is <strong>of</strong>fered as a four-credit, semesterlong clinical course open to a maximum <strong>of</strong> 8 students. An advanced program is <strong>of</strong>feredto a select number <strong>of</strong> prior clinic students who have excelled in the basic program andwho obtain student bar licenses to enable them to work on more casework. The Clinicincludes a classroom component, and various fieldwork experiences to includeparticipation in outreach activities, citizen and attorney training programs, variouspractice simulations and culminating in the production <strong>of</strong> a mock trial, to bepr<strong>of</strong>essionally produced and used as a training vehicle for future clinic classes at <strong>Howard</strong><strong>Law</strong> and around the country. The Classroom component consists <strong>of</strong> two, one and onehalf hour seminars each week, during which students will study various aspects <strong>of</strong> theprovision <strong>of</strong> public and private housing in the United States, including the lawsprohibiting discrimination, according to race, gender, disability, family size, etc.Particular emphasis is placed on the Fair Housing Act <strong>of</strong> 1968 and amendments <strong>of</strong> 1988,as well as the Americans with Disabilities Act and other state and local proscriptions ondiscrimination in housing. <strong>Student</strong>s also assist the Supervising Attorney with theRev. August 2012 96


increasing number <strong>of</strong> walk-in housing referrals and work on investigations in a limitednumber <strong>of</strong> actual cases currently pending before the D.C. Office <strong>of</strong> Human Rights.FHC students are expected to work on a number <strong>of</strong> Education and Outreach projectsthroughout the term. These programs are planned, designed and implemented by thestudents and focus on many issues impacting residents fair housing rights andresponsibilities. Additionally, there are a number <strong>of</strong> initiatives that are permanent parts<strong>of</strong> the program that students work on, including the staffing <strong>of</strong> the Resource Centers,participation in the filming <strong>of</strong> the mock trial training video, participation in theproduction <strong>of</strong> the Moot Court Competition, etc.Fair Housing Externship (Pass/Fail) (600-716) - 4 CreditsYou can only register for this course with the approval <strong>of</strong> the Clinical Program.The <strong>Law</strong> <strong>School</strong> has received a substantial grant from the U.S. Department <strong>of</strong> Housingand Urban Development to design, organize and operate a fair housing legal-clinicalprogram and to develop fair housing legal curricula that will train and educate lawstudents and lawyers about fair housing rights and obligations. <strong>Howard</strong> <strong>Law</strong>’s new FairHousing Clinical Program will be a model that can be replicated at any law school in thecountry, and will <strong>of</strong>fer innovative and cutting-edge academic programming, includingexpanded course work in housing and civil rights and a clinical program open to secondand third year law students that will train future fair housing lawyers and allow them towork on real life cases while still in school. <strong>Student</strong>s will be involved in every aspect <strong>of</strong>the Program, including its training and education programs.Other innovative aspects <strong>of</strong> <strong>Howard</strong> <strong>Law</strong>’s new Fair Housing Clinical Program willinclude:♦ A Legal Clinic focusing on the provision <strong>of</strong> legal assistance and the training <strong>of</strong> lawstudents in the substantive law, advocacy, policy and litigation <strong>of</strong> fair housing cases;♦ A Peoples Civil Rights <strong>Law</strong> <strong>School</strong> for community members;♦ An Attorney Training Program that gives practicing attorneys the opportunity toenhance their skills and knowledge <strong>of</strong> the housing litigation;♦ Staffing and operation <strong>of</strong> a Resource Center and website that is easily accessible tothe public;♦ Production <strong>of</strong> a mock trial training video, with the use <strong>of</strong> student and focus groupjuries, that can be used in a variety <strong>of</strong> academic and training venues;♦ Sponsoring a series <strong>of</strong> curriculum development training programs for other HBCU<strong>Law</strong> <strong>School</strong>s: and♦ Sponsoring a Moot Court Competition for law school students on fair housing relatedissues and a Scholar-in Residence Program, wherein a nationally-recognized legalscholar in housing will meet with student groups and faculty to discuss issues thataffect the provision <strong>of</strong> fair housing at the national level.Rev. August 2012 97


Family <strong>Law</strong> (600-647) - 3 CreditsThis course concerns the formation and dissolution <strong>of</strong> family relations, includingmarriage, annulment, judicial separation and divorce, and rights and duties <strong>of</strong> husbandand wife and parent and child.Family <strong>Law</strong> Certificate Program (see Appendix E)Family <strong>Law</strong> Practice (CD) (600-993) – 3 CreditsThis course provides an overview <strong>of</strong> the practice <strong>of</strong> family law with a reasonably in-depthstudy <strong>of</strong> the substantive law principles relating to child custody, spousal and childsupport, and property rights. The law and practice relating to Premarital Agreements andMarital Settlement Agreements are also covered. Pr<strong>of</strong>essional dealings with the clientand opposing counsel, ethical considerations, tax and other issues commonly involved infamily law cases are identified and considered throughout the course. The course will bemost valuable to students who are considering a pr<strong>of</strong>essional involvement in family law.Federal Civil Rights <strong>Law</strong>: History and Philosophy (CD) (Prerequisites:Constitutional <strong>Law</strong> I and II) – 3 CreditsThis course examines the history and philosophy <strong>of</strong> federal civil rights legislation andcase-law in the United States. Generally, American civil rights law may be divided intotwo main historical and philosophical periods: the post Civil War Reconstructionconstitutional amendments and legislation from approximately 1866 to 1877, and themodern civil rights movement beginning in earnest in 1964. By focusing on keylegislation, cases and social developments during both periods, the course will explorewhether and how Congress, the courts and American society have kept <strong>of</strong> broken faithwith the constitutional ideal <strong>of</strong> respect for human rights and equality.<strong>Student</strong>s interested in the Civil Rights Clinic are also strongly urged to consider thiscourse prior to or simultaneously with applying for the Clinic.Federal Courts (600-680) - 3 Credits(Prerequisites- Civil Procedure, Constitutional <strong>Law</strong> I)This course critically examines the structure and authority <strong>of</strong> the federal courts. With aparticular emphasis on the role the federal courts have historically played in vindicatingfederal constitutional and statutory rights, the course focuses on the persistent tensionsthat have arisen between the federal courts, the other branches <strong>of</strong> the federal government,and the States. Topics will generally include: the origins and scope <strong>of</strong> the power <strong>of</strong>federal judicial review, justifiability, the statutory and constitutional bases for federalcourt jurisdiction, Congress’ role in controlling the jurisdiction <strong>of</strong> the federal courts, thepower <strong>of</strong> the federal courts to review state high court decisions and to enjoin state courtproceedings, and civil rights litigation pursuant to Section 1983.Federal Criminal <strong>Law</strong> (600-649) - 3 CreditsThis course considers federal criminal law issues regarding federal criminal jurisdiction,Rev. August 2012 98


and federal criminal statutes such as RICO, CCE, mail fraud, false statements, moneylaundering, and Federal Sentencing <strong>Guide</strong>lines.Federal Income Taxation <strong>of</strong> Individuals (600-662) - 3 CreditsThis course is an introductory study <strong>of</strong> the federal taxation <strong>of</strong> individuals. Topicsexamined include identification <strong>of</strong> the taxpayer, concepts <strong>of</strong> gross income, deductions,exemptions, adjusted gross income, and credits. Consideration will be given to the goals<strong>of</strong> the tax law and the interaction <strong>of</strong> the legislative, executive, and judicial branches <strong>of</strong> thegovernment in the making, interpreting, and administering <strong>of</strong> the tax law.Federal Indian <strong>Law</strong> * (Seminar) (CD) (600-742) - 3 CreditsThis course will introduce students to the fundamental principles <strong>of</strong> federal Indian lawand how that body <strong>of</strong> law defines the relationship between American Indian Tribes, theStates and the federal government. Indian Tribes are recognized as sovereign entities inthe federal constitution. The Constitution does not create tribes, but it does recognizeIndian Tribes as sovereign governments. Indian people are the only race in America witha specific title <strong>of</strong> the Unites States Code that defines and dictates their relationship to theworld around them. From the Indian Non-intercourse Act <strong>of</strong> 1834, through the IndianCitizenship Act <strong>of</strong> 1934, to the Indian Civil Rights Act <strong>of</strong> 1968, and current legislation,Congress wields tremendous influence over the lives <strong>of</strong> Indian people.Indian tribes are governments, many with land bases (reservations), which retain all <strong>of</strong>the inherent powers <strong>of</strong> a sovereign except for those removed by the plenary power <strong>of</strong>Congress, specifically given up by treaty, or which have been held to be “inconsistentwith their status as domestic dependant sovereigns.” The course will interweave thehistory <strong>of</strong> the development <strong>of</strong> the United States and its relationship to the Native peoplesthat were indigenous to what is now America with the development <strong>of</strong> American Indianpolicy and law as demonstrated through statutory and case law.The course will be taught as a seminar with a heavy emphasis on group discussion <strong>of</strong> theprinciples and reasoning <strong>of</strong> each case. There is no casebook for the course – all assignedreading materials will be distributed to students in advance <strong>of</strong> the first class on a CD.This course is not eligible for LWIII credit.Food and Drug <strong>Law</strong> – 3 CreditsThis course introduces the student to the laws which have developed pursuant to theregulations in interstate commerce <strong>of</strong> food and drugs; identifies and isolates those legaltheories, such as adulteration and misbranding, which are central to an understanding <strong>of</strong>the Federal Food, Drug and Cosmetic Act, and also exposes the student to the particularset <strong>of</strong> legal enforcement tools including injunctions, seizures, criminal penalties, andrecall used by the federal government in approving regulating the interstate traffic infoods and drugs.Rev. August 2012 99


Gender and the <strong>Law</strong> (LWIII) (600-664) - 3 CreditsThis course considers the effect <strong>of</strong> feminist jurisprudence and gender on the development<strong>of</strong> American law, legislative reforms and judicial doctrines, current civil rights issues,and the various judicial legislative, and administrative strategies that will be moreeffective in advancing the civil rights <strong>of</strong> women.Genetics and the <strong>Law</strong> * (CD) (600-907) - 3 CreditsThis interdisciplinary seminar, examines the impact <strong>of</strong> genetic research and technologieson law and public policy in the United States. Topics to be explored in this seminarinclude eugenics, employment discrimination using genetic testing, the use <strong>of</strong> genetics inthe criminal justice system, the CSI effect, informed consent and genetic testing, privacyand confidentiality problems raised by genetics, genetic discrimination legislation, theuse <strong>of</strong> genetics in family law, and the impact <strong>of</strong> genetics on the definition <strong>of</strong> race. Thiscourse will have speakers from an interdisciplinary group <strong>of</strong> faculty from <strong>Howard</strong> andfaculty from other universities who are experts in the field <strong>of</strong> genetics and law. Thiscourse will have a paper requirement; however, this course is not eligible for LWIIIcredit.Government Contracts (600-665) - 3 CreditsThis course is a survey <strong>of</strong> the law governing the placement and administration <strong>of</strong> federalgovernment contracts. Topics covered include methods <strong>of</strong> awarding contracts; legalrequirements for competition; concepts <strong>of</strong> responsiveness and responsibility; types <strong>of</strong>contracts; Minority Small Business, Small Business, and Women-owned Businessprograms and other federal socio-economic programs related to procurement; keycontract provisions including Disputes and Changes Articles; contract termination;remedies and procurement litigation, guest lecturers as appropriate.Health <strong>Law</strong> (CD) (Seminar) (600-976) - 3 CreditsThis course will provide an introduction and overview to the specialty <strong>of</strong> health law. Thecourse will examine some <strong>of</strong> the legal issues concerning access to health services, healthcare financing which includes the legal structures for delivery <strong>of</strong> health services, the role<strong>of</strong> the federal and state governments, and the substantive and process rights <strong>of</strong> patientsand providers in the way that health care is delivered today. <strong>Student</strong>s will also examine,in a limited way, how the legal and financing systems define and impact quality <strong>of</strong> care.Finally, students will examine some <strong>of</strong> the political, legal and social issues that arise inthe context <strong>of</strong> HIV/AIDS.Health, Race & <strong>Law</strong> (CD) (Seminar) (600-964) – 3 CreditsThis seminar will focus on the challenging problem <strong>of</strong> health disparities in the UnitedStates. The issue <strong>of</strong> health disparities impacts communities <strong>of</strong> color and requires anexamination <strong>of</strong> health indices, socio-political and economic factors. A paper will berequired for this course.Rev. August 2012 100


Hedge Funds, Private Equity Funds and Other Private Funds (CD) (Noprerequisites) – (600-994) - 3 CreditsThis course will provide an in-depth look at the structure <strong>of</strong>, and law applicable to privatefunds, which are pooled investment vehicles designed to operate outside <strong>of</strong> the scope <strong>of</strong>the U.S. Federal securities laws. Among the investment vehicles to be studied are hedgefunds, private equity funds, and venture capital funds. The course will begin with anexamination <strong>of</strong> the exclusions and exceptions under the U.S. Federal securities laws onwhich private funds and their managers seek to rely in operating beyond the reach <strong>of</strong>those laws. The course will then turn to a consideration <strong>of</strong> the ever-increasing regulationsfrom private funds formed under U.S. law and their sponsors and managers cannotescape. The next segment <strong>of</strong> the course will center on business, tax and marketingconsiderations faced when organizing and operating private funds. The last segment willinclude a “how-to” class devoted to the drafting <strong>of</strong> the documents underlying privatefunds and a class examining “hot button” issues <strong>of</strong> the day for private fund sponsors andmanagers. There will be written assignments and an exam for this course.Higher Education and the <strong>Law</strong> (CD) (Seminar) (600-987) – 3 CreditsThis course explores some <strong>of</strong> the legal issues concerning institutions <strong>of</strong> higher education,including campus liability that may involve privacy and misconduct issues, fiduciaryresponsibilities <strong>of</strong> the university and campus safety and welfare. A research paper will berequired for this course.Housing and the Public Interest (CD) CRN #88775 (600-979) – 3 CreditsThis course will examine the key statutes, cases, and policy issues and debates that haveemerged in the last century in housing law from a public interest perspective. One <strong>of</strong> theprimary focal points would be how the federal government and state governments havesought over the years to provide an adequate stock <strong>of</strong> safe, decent, and affordable housing<strong>of</strong> various types to the public free <strong>of</strong> discrimination, bias, and other barriers to housingfor minority groups and the poor. In seeking to understand this pursuit, the course willexamine early exclusionary zoning cases, the battle over racial covenants, thedevelopment <strong>of</strong> public housing through the Housing Act <strong>of</strong> 1937, the formation <strong>of</strong> FHA,the battle over segregation in housing, integration, HUD, fair housing, the expansion <strong>of</strong>tenant rights under landlord-tenant law in various jurisdictions, rent strike cases, right tohousing efforts, the Gautreaux litigation and policy developments from that case, up untilthe modern era where wealth creation and home ownership has become a new area <strong>of</strong>focus for policymakers, advocates, and the business community.Housing Discrimination (600-973) - 2 creditsThis course will focus on discrimination in the areas <strong>of</strong> private and federally subsidizedhousing, provide an overview <strong>of</strong> current federal and state housing programs and willexamine the major housing rights <strong>of</strong> low income persons, including tenant’s rights, therights <strong>of</strong> mortgage loan and rental applicants. There will be a focus on discrimination onthe basis <strong>of</strong> disability and race/ethnicity under the Americans with Disability Act (ADA),the Fair Housing Act (FHA) and other federal anti-discrimination laws. The course willRev. August 2012 101


also examine the litigator’s role in representing different parties involved in HUDprograms, parties involved in discrimination suits and will examine how lawyering skillsare utilized and essential to address systemic violations <strong>of</strong> housing rights, such as racialand other forms <strong>of</strong> discrimination in the provision <strong>of</strong> shelter, housing and neighborhoodrevitalization. The class will study the role <strong>of</strong> the lawyer-lobbyist in shaping andpromoting housing laws, as well as the administrative lawyer in representing clientsbefore the U. S. Department <strong>of</strong> Housing and Urban Development and other federal andstate agencies. The course will also examine the issue <strong>of</strong> Gentrification. This course isnot eligible for LWIII credit.Housing Litigation (Skills) (600-725) - 3 CreditsThis course will provide an overview <strong>of</strong> current federal and state housing programs andwill examine the major housing rights <strong>of</strong> low-income persons, including tenant’s rights,the rights <strong>of</strong> mortgage loan and rental applicants. The course will also examine thelitigator's role in representing different parties involved in HUD programs, partiesinvolved in discrimination suits and will examine how lawyering skills are utilized andessential to address systemic violations <strong>of</strong> housing rights, such as racial and other forms<strong>of</strong> discrimination in the provision <strong>of</strong> shelter, housing, and neighborhood revitalization.The class will study the role <strong>of</strong> the lawyer-lobbyist in shaping and promoting housinglaws, as well as the administrative lawyer in representing clients before the Department<strong>of</strong> Housing and Urban Development and other federal and state agencies. The coursewill require students to draft and submit pleadings, investigative plans, testing analysisand debriefing memos and other written materials that will chart the progress <strong>of</strong> ahousing discrimination case, from its initial stages through some aspects <strong>of</strong> actuallitigation.Immigration <strong>Law</strong> (600-656) - 3 CreditsThis course surveys the major laws and issues relating to immigration law and policy.Independent Study (LWIII) (600-700) - 2 CreditsSee the requirements for Independent Study in the <strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong>. Permission isrequired to register and receive credit for independent study.Insurance <strong>Law</strong> ↑ (600-658) - 3 CreditsThis course presents a broad Study <strong>of</strong> the law <strong>of</strong> insurance with special emphasis on thescope and effect <strong>of</strong> the insurance contract, insurable interests, warranties, representatives,waiver and estoppel.Intellectual Property/Trademark Clinic* (Prerequisite: Trademark <strong>Law</strong>) – 3Credits<strong>Howard</strong> <strong>University</strong> is 1 <strong>of</strong> only 16 law schools selected to participate in the United StatesPatent and Trademark Office’s (USPTO) <strong>Law</strong> <strong>School</strong> Clinic Certification Pilot Program.As a result, this Intellectual Property and Trademark Clinic (IPTC) was created in Spring2011. Each successful IPTC applicant must separately apply to the USPTO’s Office <strong>of</strong>Rev. August 2012 102


Enrollment & Discipline for their temporary practice number.The IPTC has two (2) components. The seminar component includes in-depth classroomdiscussions on the federal trademark registration process. For the practical component,under strict supervision, the student-attorneys represent actual clients (i.e., individualsand/or small businesses) in their attempts to secure trademark registrations with theUSPTO.*<strong>Student</strong>s must be selected to participate in the IPTC. Visit the Clinical <strong>Law</strong> Center topick up an application and description <strong>of</strong> the process to be eligible for the IPTC.Internal Revenue Service Externship (pass/fail) (600-738) – 4 CreditsYou can only register for this course with the approval <strong>of</strong> the supervising facultymember.The seminar course exposes students to the practices, policies and procedures <strong>of</strong> the IRS,as well as the substantive tax laws that govern the work <strong>of</strong> the Service. Externs secure afield placement with the IRS’ General Counsel’s Office here in Washington, DC and areassigned to work on a variety <strong>of</strong> projects. <strong>Howard</strong> IRS Externs focus on excellence ingovernmental and public interest lawyering, social justice issues and pr<strong>of</strong>essionalresponsibility. These key components are echoed in the work done at the fieldplacement, as well as during the weekly 75-minute required classroom seminars taughtby Pr<strong>of</strong>essor Gresham.The IRS Externship is a four (4)-credit course graded on a Pass/Fail basis. <strong>Student</strong>s arerequired to work 15-20 hours per week for at least 13 weeks (or other requirement set byPr<strong>of</strong>essor Bullock). <strong>Student</strong>s may not get paid for any portion <strong>of</strong> the field placement forwhich they are receiving credit. Evaluation will be based on the student’s performance atthe placement site (by the law school supervisor and the field supervisor), participation inclassroom seminars, periodic reviews <strong>of</strong> the student’s journal, written work and/or otherassignments by the supervising pr<strong>of</strong>essor.International Business Transactions (LWIII) (600-668) - 3 CreditsThis course will explore the law applicable to doing business internationally: the nature<strong>of</strong> overseas business (e.g., agency, branch, subsidiary); transfer <strong>of</strong> capital andtechno1ogy-~ tax issues; regulation <strong>of</strong> investment and property by host governments; anddispute settlement. Applicable statutes, U.N. and OECD codes <strong>of</strong> conduct and otheragreements will be studied. Specific case studies will be used.International Economic <strong>Law</strong> (Seminar) (600-667) - 3 CreditsThis course Studies the nature, sources, and origin <strong>of</strong> international economic law and itsimpact on national law and policy .It covers Selected multilateral agreements, such as theGeneral Agreement on Tariffs and Trade, as well as the laws and disputes resulting fromtheir implementation. Particular attention is paid to the role <strong>of</strong> multilateral institutionssuch as the International Monetary Fund, World Bank, and the United Nations. TheRev. August 2012 103


specific focus <strong>of</strong> the course may vary from year to year.International Environmental <strong>Law</strong> (600-722) - 3 Credits(Prerequisite – Environmental <strong>Law</strong>)This course will survey international environmental law. It will begin with a brief review<strong>of</strong> the sources <strong>of</strong> international law. Major international environmental law themes andprinciples will be discussed, including public participation, the interaction <strong>of</strong> citizenswith national and international law and with international institutions, tensions betweenthe objective <strong>of</strong> strong environmental governance and difficulties <strong>of</strong> harmonization andcoordination between stakeholders, and balancing environmental criteria with economicconcerns and sovereignty issues. Specific topics to be addressed include keyinternational agreements (Persistent Organic Pollutants (POPs), Climate Change, ozonedepletingsubstances, etc.), trade and environment, sustainable development and thecontribution <strong>of</strong> poverty alleviation, environmental justice, and protection <strong>of</strong> human rightsto international environmental law. This class will be supplemented by practitioners withextensive experience in treaty negotiation, international dispute settlement procedures,human rights advocacy, and legislative interpretation. Class discussion is required andthe final grade will based on class participation and a final paper. This course is noteligible for Legal Writing III credit.International <strong>Law</strong> (600-661) - 3 CreditsThis course introduces the basic principles and structures <strong>of</strong> international law andinternational legal institutions.International <strong>Law</strong> <strong>of</strong> Human Rights (Seminar) (LWIII) (600-672) - 3 CreditsThis course explores human rights as a subject <strong>of</strong> international law; the development ininternational law <strong>of</strong> human rights obligations on states both respecting their own citizensand citizens <strong>of</strong> other states; the interrelationship between civil and political rights andeconomic and social rights; the international and regional legal framework for individualand collective human rights. Emphasis will be on cases addressing human rightsviolations and the issues raised under international laws protecting human rights.International Moot Court Team (pass/fail) (year-long course) (Skills) (600-807) - 2Credits(Prerequisite -LRRW)The International Moot Court T earn course is designed to guide interested studentsthrough the process <strong>of</strong> preparing for the Jessup International Moot Court Competition andother international competitions, if interest and class size permit or warrant participationin more than the Jessup competition. In the fall basic principles <strong>of</strong> international law aretaught and approaches to analyzing the problem and writing the briefs are discussed. Acompetition is held to determine who will represent the school in which internationalmoot court competitions.Rev. August 2012 104


Introduction to Investment Management <strong>Law</strong> and Practice (CD) – 3 CreditsThis course provides an introduction to the law and practice relating to mutual funds,investment advisers, and other money managers. It focuses on the regulation <strong>of</strong> mutualfunds and other investment companies under the Investment Company Act <strong>of</strong> 1940 andthe Investment Advisers Act <strong>of</strong> 1940. The course begins by addressing importantthreshold questions <strong>of</strong> who or what is an investment company or investment adviser. Itexamines the laws and policies applicable to SEC registration, disclosure, conflicts <strong>of</strong>interest, governance, advertisements, distribution channels, fees, and other aspects <strong>of</strong>fund and adviser operations. Also, various types <strong>of</strong> investment companies and advisoryservices will be discussed, including closed-end funds, business development companies,money market funds, asset allocation programs, and services to retirement plans. Finally,the course includes consideration <strong>of</strong> the hot topics <strong>of</strong> the day in investment managementlaw, such as new initiatives in fund disclosure, potential misuse <strong>of</strong> material, non-publicinformation by advisers, and mergers and acquisitions involving money managers.Investor Justice and Education Clinic* (600-810) - 4 Credits<strong>Student</strong>s must be selected to participate in this clinic.The Investor Justice and Education Clinic (IJEC) continues <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong><strong>Law</strong>’s (<strong>Howard</strong> <strong>Law</strong>) historic mission <strong>of</strong> being on the cutting-edge in the fight for civilrights by facilitating economic parity for minorities and the traditionally disadvantaged.IJEC was established with a $250,000 grant from FINRA, which recognized that <strong>Howard</strong><strong>Law</strong> was uniquely situated to provide critical investment skills and knowledge and legalrepresentation to the traditionally disadvantaged. IJEC is the only such clinic in thegreater Washington DC area and will utilize a two-pronged approach to facilitateeconomic parity for minorities and the traditionally disadvantaged: (1) it will providelegal services to investors who do not have the financial resources to obtain legal counseland (2) it will provide investor education and community outreach to traditionallyunderserved communities.Jurisprudence (Seminar) * (600-673) - 2 CreditsThis course is an introduction to the origin and development <strong>of</strong> the theories andphilosophies <strong>of</strong> law including the perspectives <strong>of</strong> the Natural <strong>Law</strong>, the analytical and puretheory <strong>of</strong> law schools, the Historical and Sociological schools, and the American Realistsas influencing our legal thought.Labor <strong>Law</strong> * (600-674) - 3 CreditsThis course studies <strong>of</strong> the historical development <strong>of</strong> labor laws, the labor injunction, theconstitutional aspects <strong>of</strong> picketing and strikes, collective bargaining, arbitration, anddealings between unions and members. Special attention is given to the Sherman,Clayton, Norris-LaGuardia and Taft-Hartley Acts.Land Development and Planning (600-675) ↑ - 3 CreditsThis course explores the methods and problems <strong>of</strong> private and public land-use controlsincluding topics on the planning, regulation, allocation, conservation, development andRev. August 2012 105


enewal <strong>of</strong> urban land and its environs by private legal arrangements, the courts, andlegislatures. (Property II is usually <strong>of</strong>fered rather than this course on the schedule.See that course description).Land Finance (600-659) ↑ - 3 CreditsThis course considers legal principles related to real estate finance, including mortgages,installment land contracts, mechanics; and materialmen’s liens, government financingaids, such as loan and mortgage insurance, and government regulation <strong>of</strong> private lendinginstitutions. (Property II is usually <strong>of</strong>fered rather than the course on the schedule. Seethat course description).<strong>Law</strong> and Aging (LWIII) (600-678) - 3 CreditsThis seminar focuses upon the unique concerns <strong>of</strong> the aging population and the law, withemphasis on such topics as commitment and guardianship proceedings, estate planning,private pensions, social security, Medicare, Medicaid, nursing homes and agediscrimination.<strong>Law</strong> and Economic Analysis ↑ (Seminar) (600-676) - 3 CreditsThis course surveys current developments with respect to the expanding role <strong>of</strong> economicanalysis as a guide for the formulation <strong>of</strong> legal rules through critical analysis <strong>of</strong>competing political, economic, and social policy goals. Illustrative cases may be drawnfrom such areas as contract, property and tort, government regulation, the criminal justicesystem, and the civil litigation process. (An economics background is not necessary).<strong>Law</strong> and Medicine (LWIII) ↑ (600-679) - 3 CreditsThis course explores the areas in which law and medicine intersect, with special emphasison protection <strong>of</strong> the patient’s legal rights, medical malpractice, consent, respondentsuperior as it relates to hospitals and employees, charitable immunity, good Samaritanstatutes, malpractice (liability) insurance, hospital privileges and recent trends in themedico-legal area.<strong>Law</strong> and Religion (CD) (Seminar) – 3 CreditsIn this seminar students will explore a few <strong>of</strong> the problems arising from the interactions<strong>of</strong> law and religion. A portion <strong>of</strong> the course will examine in some depth the United StatesConstitutional law concerning free exercise and establishment. International andcomparative approaches will be used to help inform our understanding <strong>of</strong> these two areas.Issues <strong>of</strong> the role <strong>of</strong> religion and religious discourse in civic action (including legislation,judicial determinations, and executive action (e.g., funding social services through faithbasedorganizations) will be addressed. Particular issues to be addressed will vary fromyear to year depending upon current events, student interest, and the pr<strong>of</strong>essor’sassessment <strong>of</strong> significant concerns. Issues can include religion in employment settings,evolution/creationism in schools, sex education, abortion, rights relating to sexualorientation, ownership <strong>of</strong> church property when a congregation breaks away from aRev. August 2012 106


hierarchical church, power and propriety <strong>of</strong> the courts to decide issues relating toreligious organizations, limits and demands <strong>of</strong> tolerance and free speech in public schoolcontexts, and more.The course is a seminar with students doing and presenting research papers on topics theyselect in consultation with the pr<strong>of</strong>essor. Grades will be based upon (1) classparticipation, (2) paper presentation to the class, and (3) final paper.<strong>Law</strong> and Social Science ↑ (LWIII) (600-677) - 3 CreditsThis course reviews the methodology <strong>of</strong> the social sciences (other than economics) sothat future practitioners can use and understand social science research in representingclients. The course focuses on two primary roles for social science in the law: (I) usingsocial science to create new law and (2) using social science to prove facts. Theapplication <strong>of</strong> this methodology to abroad range <strong>of</strong> substantive legal areas will beexamined, e.g., tons, constitutional law, criminal law. Prior training in socialscience methodology is not necessary.<strong>Law</strong> Journal - 4-6 Credits upon successful completion <strong>of</strong> 4 semesters participation.(Pass/fail) (600-805)Membership on the <strong>Law</strong> Journal has traditionally been one <strong>of</strong> the highest honors awardedto students at the <strong>School</strong> <strong>of</strong> <strong>Law</strong>. To qualify for membership students must meet theclass rank requirements, complete a writing competition, and be invited to participate.The Journal is student-edited, but it is also an academic program. Training <strong>of</strong> newmembers occurs in part at a weekly class. To fulfill their obligations to Journal, membersmust keep their GPAs above 85, complete all assigned Journal work, and author a note orcomment <strong>of</strong> “publishable quality. <strong>Law</strong> Journal is a two year commitment. <strong>Student</strong>s mustcommit to and complete all 4 semesters <strong>of</strong> work on the journal to receive credit. <strong>Student</strong>son the Journal can earn a total <strong>of</strong> 4 to 6 credits. Most students earn 4 credits (Pass/Fail)but student editors and members <strong>of</strong> the Executive Board earn either 5 or 6 (Pass/Fail)total credits.Legal Accounting * (600-660) - 3 CreditsThis course teaches accounting theory and procedure in legal contexts, the analysis <strong>of</strong>problems <strong>of</strong> corporate and business finance and the interpretation <strong>of</strong> financial statements.Legal Drafting (Skills) (600-681) - 3 CreditsThis course teaches drafting techniques for non-litigation settings. Steps in the draftingprocess, canons <strong>of</strong> construction, style considerations, the plain language movement, andprinciples <strong>of</strong> organization are taught through textual readings, class discussion. and thestudy <strong>of</strong> legal documents. <strong>Student</strong>s are required to complete selected drafting exercises.Legal History (CD) (Seminar) – 3 CreditsThis course covers the legal history <strong>of</strong> the United States, from the colonial era throughRev. August 2012 107


and including the Supreme Court decision in Brown v. Board <strong>of</strong> Education, with anemphasis on understanding cases in their societal context. It also covers the methods <strong>of</strong>conducting legal research in a manner suitable for scholarly publication, and students willbe expected to complete a substantial research project.Legal Method/Civil Rights (600-611) - 2 CreditsFirst Year Required CourseThis fall semester course will introduce students to legal methodology, using bothconstitutional and statutory civil rights cases. The course will provide instruction in thebasics <strong>of</strong> legal analysis, specifically: (1) how to read, brief, and synthesize cases; (2) howto apply rules to facts; and (3) how to interpret statutes.Legal Problems in International Relations (Seminar) (600- 708) - 3 CreditsThis interdisciplinary seminar deals with interrelated novel problems confrontinginternational law and related disciplines. Different topics will be examined from year-toyearwith participation by other <strong>University</strong> faculty members and graduate students.Topics might include, e.g., the evolving international order systems relating tocommunications, information and economic relations; the development <strong>of</strong> the resources<strong>of</strong> the exosphere; the role <strong>of</strong> law, legal education and legal systems in the process <strong>of</strong>economic and social development; changing notions <strong>of</strong> state sovereignty and state anddiplomatic functions, privileges and immunities.Legal Reasoning, Research, and Writing (600-613) (year-long course) - 4 CreditsFirst Year Required CourseThis yearlong course teaches students the basics <strong>of</strong> legal reasoning, research, and writingthrough a series <strong>of</strong> research and writing exercises. <strong>Student</strong>s learn how to use availableresearch resources including computer-assisted research. Writings include objective legalmemoranda, client letters, and advocacy briefs. <strong>Student</strong>s are also introduced to someaspects <strong>of</strong> lawyering including representing clients and the role <strong>of</strong> the lawyer in the legalsystem. Oral argumentation is also introduced.Legal Writing II (600-654) - 2 Credits(Prerequisite -Legal Reasoning, Research, and Writing)Upper Level Required CourseThis required second-year, single-semester (either fall or spring) course builds upon andreinforces the reasoning, research, and writing skills taught in LRRW. It exploresmethods <strong>of</strong> persuasion both in speech and in writing. <strong>Student</strong>s are required to researchand write and rewrite an appellate brief on a relatively sophisticated problem. A final oralargument on the brief after participating in or observing numerous practice argumentsconcludes the course.Legal Writing III Credits (Prerequisite -Legal Reasoning, Research, and Writing)Upper Level Required CourseThis paper requirement must be completed before graduation. See the description <strong>of</strong> theRev. August 2012 108


legal writing program in the <strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong> for a more complete description <strong>of</strong>this requirement.Marshall Brennan Seminar (year-long course) (600-737) – 3 Credits per semesterThis program trains second- and third-year law students to teach courses on constitutionallaw and juvenile justice in public high schools in the District <strong>of</strong> Columbia and Maryland.The program is founded on a philosophy that “constitutional literacy is rooted in thebelief that students will pr<strong>of</strong>it for a lifetime from learning the system <strong>of</strong> rights andresponsibilities under the U.S. Constitution. Many citizens do not participate and feeldisengaged from politics. The Marshall-Brennan Fellows work with teachers,administrators and lawyers to teach students their rights as citizens, the strategic benefits<strong>of</strong> voting, how lawmaking occurs and other fundamental constitutional processes.”<strong>Student</strong>s must apply and be accepted to participate in the year-long Marshall-BrennanProgram. <strong>Student</strong>s accepted into the program are expected to attend the weekly class<strong>of</strong>fered by American <strong>University</strong> and carry out their teaching assignment in a satisfactorymanner. <strong>Student</strong>s who participate in other co-curricular activities or clinical programssuch as the <strong>Howard</strong> <strong>Law</strong> Journal, Moot Court or Criminal Justice Clinic, cannot receivecredit for the Marshall Brennan Program. Each student must submit a twenty (20) pagepaper on a Constitutional issue <strong>of</strong> his or her choosing subject to approval <strong>of</strong> the HUSLinstructor.Maryland <strong>Law</strong> In National Perspective (CD) (600-729) – 3 CreditsMaryland <strong>Law</strong> in National Perspective is a bar preparation course that provides studentswith many opportunities to write and criquate essays for the MD Bar. This courseprovides a highly intensive writing experience for students and incorporates constituentaspects <strong>of</strong> the “Writing Across the Curriculum” format currently utilized in severalcourses at <strong>Howard</strong> <strong>University</strong> <strong>Law</strong> <strong>School</strong>. In-class and take-home writing exercises,employing the “writing-to-learn” methodology, are designed to strengthen students’ability to express coherent, well-reasoned and well-organized legal and factual analysis ina variety <strong>of</strong> substantive contexts.The course is by an accomplished group <strong>of</strong> guest lecturers comprised <strong>of</strong> Maryland judges,law pr<strong>of</strong>essors and practitioners, whose broad range <strong>of</strong> experience and expertise uniquelyqualifies them to provide a comprehensive survey <strong>of</strong> the trends and features <strong>of</strong> Marylandlaw. <strong>Student</strong>s will take the essay portion <strong>of</strong> the MD bar exam as the final exam for thecourse. <strong>Student</strong>s are provided with personalized critique on their performance on theexam before the end <strong>of</strong> the course. In addition to essays, students take MBE & MPTcomponents <strong>of</strong> the exam.Mini-Course – 1 CreditA mini-course is an innovative one-credit hour course that allows students to sample avariety <strong>of</strong> legal topics or skills with specialists drawn from the D.C. metropolitan area,visiting scholars or judges. These courses are also <strong>of</strong>fered by <strong>Howard</strong> <strong>Law</strong> faculty whoRev. August 2012 109


wish to explore new areas <strong>of</strong> the law or an already established topic within the facultymember’s field <strong>of</strong> specialty. These courses can meet twice a week for 75 minutes overthe course <strong>of</strong> 10 class periods or once a week for 21/2 hours over 5 weeks during thesemester. For example, in the current spring term, mini-courses were scheduled fromJanuary 31, 2011 to March 9, 2011. In a mini-course, faculty could assign students aproject, short paper or series <strong>of</strong> short discussion papers, an oral presentation or otheractivity as the basis for the grade in the course. All course work for the mini-course mustbe completed by the end <strong>of</strong> the semester. Mini-courses are designated as “MC” on theschedule distributed by the Office <strong>of</strong> Academic <strong>Affairs</strong>.<strong>Student</strong>s register for the mini-course like any other course in the curriculum. However, inthe fall term, the mini-course will begin in September and end before the end <strong>of</strong> thesemester, unlike the full semester course. In the spring term, the mini-course begins atthe end <strong>of</strong> January and ends before spring break in March. (See Appendix E fordescription <strong>of</strong> mini-courses.Municipal <strong>Law</strong> (600- ) – 3 CreditsThis course deals with the study <strong>of</strong> laws relating to the organization, development,control and maintenance <strong>of</strong> cities, towns, and communities, with special emphasis onblack communities. The legal problems involved in decentralization are discussed. Aninvestigation is under taken <strong>of</strong> the laws, ordinances and regulations involving municipalservices and the constitutional implications regarding them.National Moot Court (pass/fail) (Skills) (600-806) (year-long course) - 2 Credits peryearThe National Moot Court Team represents the school in various competitions across thecountry. <strong>Student</strong>s are selected for participation on the National Moot Court Team inaccordance the National Moot Court Team rules. The primary means <strong>of</strong> selection isthrough participation in the Charles Hamilton Houston Moot Court Competition. TheCharles Hamilton Houston Moot Court Competition is held in the fall <strong>of</strong> each year and isopen to all second and third year students. The top participants in the competition areinvited to Join National Moot Court Team. Participating students are required to attendthe moot court class. <strong>Student</strong>s are awarded one credit pass/fail for each semester <strong>of</strong>participation in Court, up to a maximum <strong>of</strong> four (4) credits in two years.Negotiating, Interviewing, and Counseling (Skills Course) (600-683) - 3 CreditsThis course considers the ethical and practical roles <strong>of</strong> the attorney in interviewingwitnesses and clients, in counseling clients, and in negotiating. Theories <strong>of</strong> effectiveinterviewing, counseling, and negotiating, including a study <strong>of</strong> the underlyingpsychological processes, will be addressed. <strong>Student</strong>s will be required to participate insimulations.Non-Pr<strong>of</strong>it Organizations * (CD) (LWIII) (600-741) - 3 creditsThis course surveys the law <strong>of</strong> nonpr<strong>of</strong>it organizations. It will analyze the major aspectsRev. August 2012 110


<strong>of</strong> federal and state law affecting the governance, operation, and tax-exempt status <strong>of</strong>nonpr<strong>of</strong>its. Topics in this course include, but are not limited to, policies behind thecreation and use <strong>of</strong> nonpr<strong>of</strong>it organizations to meet unmet needs in the public and privatesectors, the co-dependency <strong>of</strong> the nonpr<strong>of</strong>it, government and private business sectors, andthe regulatory framework for managing the behavior <strong>of</strong> nonpr<strong>of</strong>it organizations. Inaddition to a basic survey <strong>of</strong> the law <strong>of</strong> nonpr<strong>of</strong>it organizations, the course considersissues in contemporary urban development and the strategic use <strong>of</strong> non-pr<strong>of</strong>its to stabilizecommunities, to provide needed services, and to create and transfer wealth.Interdisciplinary perspectives, as well as, public policy issues will be addressed. Acourse in tax law is not a requirement for enrollment in this course. The issues will bereviewed broadly, including non-technical perspectives. The course itself will provide asufficient survey <strong>of</strong> the tax law needed to understand the issues presented. This course iseligible for LWIII credit.Patent <strong>Law</strong> (600-686) – 3 CreditsIntroduction to the United States Patent <strong>Law</strong>. Topics to be covered will includepatentable subject matter, problems <strong>of</strong> utility, novelty, non-obviousness, disclosure andenablement. The course will conclude with a study <strong>of</strong> problems <strong>of</strong> infringement andremedies there<strong>of</strong>.Patent Practice and Enforcement (CD) (Skills) (Mr. George Pappas, Partner, andMr. Paul Berman, Partner, Covington & Burling LLP) (No prerequisites, butrecommend Introduction to Intellectual Property or Patent <strong>Law</strong>.) – 3 CreditsThis course takes students through the applicable law and the skills necessary to enforcepatents. The course has a number <strong>of</strong> hands-on in class skills exercises dealing withstanding, expert testimony, a special Marksman hearing, motions in liming, and more. Inaddition, three or four writings to be graded are required showing understanding <strong>of</strong> andfacility with the skills being taught. Substantive subjects covered include: jurisdiction,venue, pleadings, discovery, expert testimony, claim construction, pre-trial, trial, andappellate practice, and remedies (including monetary and injunctive relief). Specialconsiderations about practice before the International Trade Commission and issues <strong>of</strong>mediation and arbitration are also presented.Predatory Lending ↑ (600-723) - 2 Credits(Prerequisite - Property II)This course will explore many aspects <strong>of</strong> general real estate law, including the purchaseand sale <strong>of</strong> residential real estate; legal and equitable rights, responsibilities, liabilities,and remedies <strong>of</strong> buyer, seller, broker, escrow agent, attorney, title examiner, abstractor,and lender, with a particular focus on predatory lending schemes and policies. Attentionwill also be paid to types <strong>of</strong> lenders and financing, structure <strong>of</strong> the mortgage loan andrequired documents, as well as title examinations and insurance, surveys, recordingprocesses, settlements and closings. The course will examine the recent and major caserulings and settlements in predatory lending litigation, along with an analysis <strong>of</strong> currentlypending litigation. Remedies for discriminatory practices and upon default by eitherRev. August 2012 111


party to the transaction will also be studied.Pre-trial Litigation Practice (Skills) (600-685) - 3 Credits(Prerequisite-Civil Procedure I)This course focuses on the development <strong>of</strong> skills, strategies, and techniques required foreffective pretrial lawyering. By integrating practice and theory through varioussimulation problems, the course emphasizes both written and oral skills development.Exercises will include the interviewing and counseling <strong>of</strong> clients; case management andplanning, including development <strong>of</strong> case theories, both factual and legal; the formulationand drafting <strong>of</strong> pleadings; the drafting and presentation <strong>of</strong> motions; fact gatheringtechniques, including formal discovery; deposition strategy and taking; and thenegotiation and settlement <strong>of</strong> disputes.Problems <strong>of</strong> World Order (LWIII) (600- ) – 3 CreditsThis seminar addresses topics that affect the legal and social order <strong>of</strong> the world. Duringthe spring 1996 semester the topic will be “Knowledge, Technology and Development.”After considering the different views about the role <strong>of</strong> knowledge and intellectualproperty in the development <strong>of</strong> nations, the class will examine the law (domestic andinternational) that classifies, protects and enforces rights in/to patents, trademarks,copyrights, trade secrets and other forms <strong>of</strong> knowledge. In doing so attention will be paidto the views <strong>of</strong> developing countries, for example, their regulation <strong>of</strong> technology transferand their positions during the World Trade Organization and <strong>Law</strong> <strong>of</strong> the Sea negotiationsand in regional organizations. The class will end with a technology transfer case study. Apaper will be required.Products Liability * (CD) - 3 CreditsThe course on Products Liability principally focuses on legal theories that permitrecovery for persons or property injured or damaged by a product. Many <strong>of</strong> the mostnotable tort actions in recent times have been Products Liability litigation – for example,Asbestos, Tobacco, Firestone Tires/Ford Explorer, Breast implants, DES, Agent Orangeare just a few <strong>of</strong> the product areas that have engendered significant litigation and raisedunique and challenging issues in Tort and contract law. <strong>Student</strong>s will closely examineestablished and emerging theories <strong>of</strong> recovery and defense in Products litigation. Thesecases raise special litigation problems related to establishing pro<strong>of</strong> <strong>of</strong> causation, the role<strong>of</strong> experts in establishing causation, and developing novel strategies for assigningresponsibility among manufacturer, wholesaler, distributor, retailer, purchaser and theinjured party. <strong>Student</strong>s will also consider and discuss proposals for reforms by the Statesand the Federal Government - much <strong>of</strong> the tort reform efforts affect concepts/legaltheories that are relied upon in Products Litigation. Finally, students will also look atInternational perspectives on Products Liability law.Pr<strong>of</strong>essional Responsibility (600-687) - 3 CreditsUpper Level Required CourseThis required upper level course teaches the traditions <strong>of</strong> the legal pr<strong>of</strong>ession, itsRev. August 2012 112


obligations in a democratic society, including problems <strong>of</strong> charity practice, representation<strong>of</strong> minority groups, and unauthorized practice, fee determination, bar organization andfunction, and the canons <strong>of</strong> legal ethics and disciplinary action.Property II: Introduction to Land Finance and Development (600-675) – 4 CreditsPrerequisite: Property IThis is an intermediate course in real estate law. The course explores and discusses legalprinciples related to real estate conveyancing, finance, planning and development.Race, <strong>Law</strong> and Change * (Seminar) (600-689) - 3 CreditsThis course considers the impact <strong>of</strong> race on the development <strong>of</strong> American law legislativereforms and judicial doctrines, current civil rights issues, and examines the variousjudicial, legislative, and administrative strategies that will be most effective invindicating and advancing civil rights.Real Property (600-614) - 4 CreditsFirst Year Required CourseThis spring semester course teaches real property law, including transactions in land,estates and rights in realty; landlord/tenant relationships and problem; and landconveyance and use controls.Remedies (600-692) - 3 CreditsThis course provides a substantive and procedural integration <strong>of</strong> equitable and legalremedies, including extraordinary writs and focusing primarily upon damages and otherrelief for the enforcement <strong>of</strong> contract, tort and trust rights.Sales (Prerequisite: Contracts I and II) (600-751) – 3 CreditsThis is a course in advanced private law. It principally deals with the sales aspect <strong>of</strong>commercial transactions governed by Article 2 <strong>of</strong> the Uniform Commercial Code. Thiscourse also explores different ways in which private law statutes promote social policy,and provides students an opportunity to engage in rigorous statutory analysis. Coverageincludes: contract formation and readjustment; general obligations <strong>of</strong> the buyer andseller; contract performance; risk <strong>of</strong> loss; warranties; breach, repudiation and excuse;remedies; and federal legislation affecting these issues. While the focus <strong>of</strong> the course ison sales law under Article 2, reference will also be made to analogous provisions <strong>of</strong>U.C.C. Article 2A, “Leases” and the United Nations Convention on Contracts for theInternational Sales <strong>of</strong> Goods (“CISG”).Sales and Secured Transactions (600-693) - 4 CreditsThis course provides an integrated study <strong>of</strong> the law <strong>of</strong> sales including C.I.F., F.O.B. andother sales agreements, and the law governing modern commercial credit transactionsincluding embracing sales financing and security devices, with special emphasis on theUniform Commercial Code Articles 2 and 9.Rev. August 2012 113


Securities Offerings, Registration and Disclosure (CD) (Prerequisites: SecuritiesRegulation I or Corporations) – 3 CreditsThis course examines the provisions <strong>of</strong> the Securities Act <strong>of</strong> 1933 and the SecuritiesExchange Act <strong>of</strong> 1934 and rules adopted by the SEC as they relate to <strong>of</strong>ferings <strong>of</strong>securities and public reporting requirements for issuers with securities registered with theSEC. This examination will include the concept <strong>of</strong> materiality, the principles <strong>of</strong>integrated disclosure, and the line item disclosure requirements <strong>of</strong> SEC regulations. Inaddition, there will be guest speakers comprised <strong>of</strong> SEC Commissioners, SEC Seniorstaff, and private practitioners in the law <strong>of</strong> corporate finance.The grade in this course will be based on a project, a short paper and class participation.Secured Transactions (600-791) – 3 CreditsThis course surveys the law <strong>of</strong> raising funds by granting security interests in personalproperty. Security interests affect the creditor’s rights if the debtor is unable to repay theloan; as a result, they significantly affect the terms on which capital can be raised. Theyaffect industries ranging from traditional manufacturing to high tech start-ups; they alsoplay a role in consumer loans. The course focuses primarily on Article 9 <strong>of</strong> the UniformCommercial Code, but also considers the federal Bankruptcy Code, the federalintellectual property statues, and other state and federal laws that are applicable.SEC Externship (pass/fail) (600-726) - 4 CreditsYou can only register for this course with the approval <strong>of</strong> the supervising facultymember.<strong>Student</strong>s who are accepted into the program are placed in the SEC’s <strong>Law</strong> <strong>Student</strong>Observer Program and “provides exposure to the workings <strong>of</strong> the Commission and to theregulation <strong>of</strong> securities and securities markets.” or approved securities regulationsagencies. Externs are assigned to one <strong>of</strong> the Commission’s Divisions or Offices at itsheadquarters in Washington, D.C. where they are matched to specific Commission staffto work on projects such as investigations <strong>of</strong> industry and issuer practices, administrativeand civil enforcement actions, drafting <strong>of</strong> proposed statutes and rules, and analyzinginternational securities regulations and rules and must establish a working schedule withtheir supervisors.Externs are required to attend educational seminars taught by senior Commission staffand prominent members <strong>of</strong> the private securities bar on a weekly basis. The SECExternship provides an exceptional opportunity to learn about aspects <strong>of</strong> securities lawand practice otherwise unavailable at HUSL. HUSL Externs will be exposed toexcellence in governmental and public interest lawyering, which facilitates development<strong>of</strong> insights into the skills required for lawyering unobtainable in a conventionalclassroom. Additionally, students are required to attend and participate in a weekly 75-minute seminar taught at the <strong>Law</strong> <strong>School</strong>. The seminar focuses on a variety <strong>of</strong> issues andtopics including, but not limited to, an overview <strong>of</strong> the mission and operations <strong>of</strong> the U.S.Securities and Exchange Commission, ethics in securities law practice, development <strong>of</strong>Rev. August 2012 114


lawyering skills, problems arising at the placement site, discussion <strong>of</strong> other issues relatingto placements, and career opportunities for securities lawyers.The SEC Externship is a four (4)-credit course graded on a Pass/Fail basis. <strong>Student</strong>s arerequired to work 15-20 hours per week for at least 13 weeks. <strong>Student</strong>s may not get paidfor any portion <strong>of</strong> the field placement for which they are receiving credit. Evaluation isbased on the student’s performance at the placement site (by the law school supervisorand the field supervisor), participation in classroom sessions, periodic reviews <strong>of</strong> thestudent’s journal, and other assignments by the pr<strong>of</strong>essor.Securities Regulation (Prerequisite -Corporations) (600-694) - 3 CreditsThis course focuses on federal securities laws. It explores the application <strong>of</strong> theselaws to the distribution and trading <strong>of</strong> securities and the duties <strong>of</strong> participants in thesecurities transactions.Securities Regulation II (CD) (Prerequisites: Securities Regulation I Broker/DealerRegulation) – 3 CreditsSecurities Regulation II explores all aspects <strong>of</strong> the U.S. Securities & ExchangeCommission’s (“Commission”) enforcement process, from both the government andprivate practitioner’s perspective, with emphasis on the Commission’s procedures in firstconducting an investigation and then either settling or litigating an enforcement action.Through selected examples <strong>of</strong> significant enforcement actions, the course will stress theprivate practitioner’s counseling considerations at strategic junctures in the enforcementprocess. The variety <strong>of</strong> actions available to the Commission, in different venues, and thebreadth <strong>of</strong> related remedies available in those actions, will be a particular focus, as willthe issues that arise in litigating an enforcement action. Also, this course will includediscussion and analysis <strong>of</strong> current, cutting-edge issues in securities regulation, litigation<strong>of</strong> enforcement actions, developments in self-regulatory organization enforcement, andcriminal prosecutions under the federal securities laws. Finally, this course will providean excellent opportunity to meet and establish relationships with leading privatepractitioners in the securities industry and senior members <strong>of</strong> the Commission’s staff.Skills CourseUpper Level Required Course<strong>Student</strong>s must successfully complete an approved skills course before graduation. ASkills course is designated as “SK” on the course schedule. Only a course designated as“SK” will satisfy the skills requirement. See Appendix for list <strong>of</strong> approved skillcourses.Social Justice <strong>Law</strong>yering * (600-732) – 3 creditsSocial Justice <strong>Law</strong>yering will address the unique personal, political, ethical, legal andpractical issues that law students will face as public interest attorneys. The course willreinforce the reasons why they may choose such a future, provide a realistic context forwhat this choice entails and, most important, begin to equip them with the skills, mentalRev. August 2012 115


orientation, and knowledge that will be necessary for them to make the decisions inpractice.The course will begin with an assessment <strong>of</strong> what social justice law means and howvarious participants fit within it. <strong>Student</strong>s will be asked to evaluate attorney’s roles and,thus, their own in the enterprise. This role will be defined in light <strong>of</strong> the role that clientsmust and do play. To facilitate the understanding <strong>of</strong> these roles, different concepts <strong>of</strong> theattorney-client and attorney-community relationship will be examined, also payingparticular attention to the pr<strong>of</strong>essional responsibility dimensions. Throughout thissubject, students will also learn <strong>of</strong> the personal and legal barriers that they will face inchoosing to be a social justice lawyer and then actually practicing as one. Next, studentswill learn how social justice values are translated into law, legal complaints, remediesand policies. They will also come to appreciate the power that courts hold and howattorneys must strategically call upon that power. Finally, the course will explore socialjustice lawyering through specific contexts, including but not limited to education,voting, housing, employment, and gender.Sustainable Development (CD) (LWIII) (600-902) - 3 CreditsThis course is an introduction to the practical, procedural, and substantive planningengaged in by lawyers helping governments and nongovernmental organizations that seekto balance economic development and the eradication <strong>of</strong> poverty with conservation <strong>of</strong>natural resources in developing countries and in underdeveloped regions <strong>of</strong> developedcountries. <strong>Student</strong>s will write a research paper on the strategy and tactics <strong>of</strong> lawyeringfor sustainable development, based not only on library work but also on interviews withpractitioners.Tax Policy Seminar (CD) – 3 CreditsThis course will examine the intersection <strong>of</strong> race, gender and class in shaping current taxstructure and policy. Through selected readings, we will explore emerging issues <strong>of</strong>fairness, social justice and distributive justice within the growing literature <strong>of</strong> critical racetheory and feminist theory. After a brief introduction to tax policy concepts andvocabulary, we will examine the philosophical foundations for various conceptions <strong>of</strong>justice in taxation. We will then focus on relevant tax scholarship where students will beassigned to read and to present their views on law review articles that provide a critique<strong>of</strong> tax policy as it relates to issues <strong>of</strong> race, gender and class. Seminar topics includeissues <strong>of</strong> equity (i.e., the proper distribution <strong>of</strong> tax burdens), economic efficiency, andadministrative feasibility. The course will also consider issues <strong>of</strong> wealth creation andretention, philanthropy, the tax treatment <strong>of</strong> low-income families and promoting civilsociety. <strong>Student</strong>s will be required to complete a substantial research paper on a tax policyissue approved by the pr<strong>of</strong>essor.Terrorism and the <strong>Law</strong> (CD) (600-903) - 3 CreditsFear <strong>of</strong> terrorism has likely wrought long-lasting, perhaps permanent, changes in bothcivil and criminal law. These changes are multi-faceted, encompassing new domesticRev. August 2012 116


statutes and regulations, revised constitutional doctrines, and increased attention tointernational law. A growing number <strong>of</strong> law firms are developing specializeddepartments on the law <strong>of</strong> terrorism, and some knowledge <strong>of</strong> that law is a prerequisite forpractice in a wide range <strong>of</strong> fields, from criminal prosecution and defense, to banking,insurance, tort claims, government contracts, and civil rights practice. This courseprovides an introductory overview <strong>of</strong> the basics <strong>of</strong> the law <strong>of</strong> terrorism and will coversuch topics as torture, military commissions, NSA warrantless surveillance, materialwitness warrants, enemy combatants, the new crime <strong>of</strong> material aid to terroristorganizations, religious pr<strong>of</strong>iling, suppression <strong>of</strong> dissenters’ free speech, governmentalinvasion <strong>of</strong> the attorney-client privilege, the laws <strong>of</strong> war, government secrets,suspicionless detentions, and treason.The course will be taught as a fusion <strong>of</strong> a regular course and a seminar. <strong>Student</strong>s willhave two options for grading: taking only a final examination, counting for the majority<strong>of</strong> the course grade, or still taking a final exam (counting for a much smaller percentage<strong>of</strong> the final grade) and also doing a research paper complying with the requirements <strong>of</strong>Legal Writing III. The choice is entirely up to each student, but those who wish to usethe course for Legal Writing III credit must tell the pr<strong>of</strong>essor on the first day <strong>of</strong> class.The History and Development <strong>of</strong> the U.S. Department <strong>of</strong> Justice: UnderstandingModern Federal Prosecutorial Policy and Discretion (CD) (Seminar) – 3 CreditsDid you know there was no U.S. Department <strong>of</strong> Justice until 1870? This seminar willprovide an intensive focus on the modern Justice Department, and the centralization <strong>of</strong>federal prosecutorial policy. We will study DOJ statistics, and published policy directivessetting forth federal prosecutorial policies and priorities. We will also study the origins<strong>of</strong> the key divisions in the Justice Department, including the Civil Rights Division.This seminar is structured so that students can chose whether they wish to write aresearch paper that satisfies the Legal Writing III requirement or wish to do an intensiveresearch project that does not satisfy the Legal Writing III requirements.There are no prerequisites—although Federal Criminal <strong>Law</strong> and/or Advanced CriminalProcedure will be extremely helpful and are strongly recommended.Torts (600-617) - 4 CreditsFirst Year Required CourseThis fall semester course begins with an historical view <strong>of</strong> the evolution <strong>of</strong> torts focusingon the concepts <strong>of</strong> trespass and trespass on the case. The course then proceeds toexamine the legal basis for liability and the policy underlying such liability for civilwrongs. Thereafter the course explores liability for the wrongful invasion <strong>of</strong> the legallyprotected interest <strong>of</strong> another, focusing on the major specific intentional torts andnegligence.Rev. August 2012 117


Trademark <strong>Law</strong> - 3 CreditsThis course will provide an in-depth examination <strong>of</strong> federal and state trademark law,within the context <strong>of</strong> an overview <strong>of</strong> the law <strong>of</strong> unfair competition. The course willconsider the rights held in trade dress, unregistered indicia <strong>of</strong> source, federal trademarkregistration, trademark infringement, dilution and the right <strong>of</strong> publicity. There will be anemphasis on the practical aspects <strong>of</strong> counseling clients in trademark selection, protectionand enforcement. Familiarity with the basic concepts <strong>of</strong> intellectual property law ispreferred and those who have taken Introduction to Intellectual Property <strong>Law</strong> will havean advantage though the Introduction course is not a prerequisite.Trial Advocacy - Civil (pass/Fail) (Skills) (600-703) - 2 Credits(Prerequisites - Civil Procedure; Legal Reasoning, Research and Writing I)This semester course includes a demonstration <strong>of</strong> the civil trial <strong>of</strong> an action and commontrial techniques; provides participation in simulated pre-trial practice, leading andstrategy It is oriented toward providing a laboratory experience in the presentation andintroduction <strong>of</strong> evidence.Trial Advocacy – Criminal (Pass/Fail) (Skills) (600-703) - 2 Credits(Prerequisites - Criminal <strong>Law</strong>; Legal Reasoning, Research and Writing I)This semester course includes a demonstration <strong>of</strong> the criminal trial <strong>of</strong> an action andcommon trial techniques; provides participation in simulated pre-trial practice, leadingand strategy. It is oriented toward providing a laboratory experience in the presentationand introduction <strong>of</strong> evidence.United States Supreme Court Jurisprudence (CD) (Seminar) (Prerequisite:Constitutional <strong>Law</strong> I) - 3 CreditsThis course is a 3-credit experiential seminar, in which students work in-role toadjudicate a selected sample <strong>of</strong> cases currently pending before the United States SupremeCourt. At the beginning <strong>of</strong> the semester, students are provided with the actual briefs thathave been filed with the Court and for which oral arguments have been scheduled. Overthe course <strong>of</strong> the semester, students in the role <strong>of</strong> “Justices” review the briefs, researchthe authorities cited therein, and meet as a court during regularly scheduled conferencesessions to consider cases in turn, vote on an outcome, and assign drafters <strong>of</strong> majority andconcurring and dissenting opinions. With each completed set <strong>of</strong> written opinions,students reconvene with faculty in seminar meetings to reflect on the decisions and theissues they raised. While the selection <strong>of</strong> cases for the course will necessarily varydepending on the Supreme Court’s current docket, it is expected that the course will takeup cases in constitutional law, criminal law, civil liberties, civil procedure, federalism andadministrative law. The pedagogical goal <strong>of</strong> the course is to use the Court’s docket notonly as a tool for teaching theories <strong>of</strong> legal interpretation, analytical reasoning, writingskills and oral presentation, but also as a means <strong>of</strong> examining the Court’s institutionalrole in addressing questions <strong>of</strong> social and political import and controversy. Like thetheoretical ideal <strong>of</strong> Supreme Court itself, the course benefits from and welcomes adiverse range <strong>of</strong> student backgrounds, philosophies and perspectives.Rev. August 2012 118


Wills, Trusts & Estates (600-651) - 4 CreditsThis course addresses the doctrines <strong>of</strong> the law <strong>of</strong> interstate succession, wills, trusts, futureinterests and fiduciary administration which shape the non-commercial transmission <strong>of</strong>management <strong>of</strong> wealth at death or during life.Rev. August 2012 119


APPENDIX A2—THE LEGAL REASONING, RESEARCH, AND WRITING PROGRAMA-200 The Legal Reasoning, Research, and Writing ProgramThe curriculum includes a mandatory Legal Reasoning, Research, and WritingProgram (LRRW Program) composed <strong>of</strong> three parts: Legal Reasoning, Research& Writing; Legal Writing II; and Legal Writing III.A-201 Legal Reasoning, Research, & WritingThe first part <strong>of</strong> the LRRW Program is Legal Reasoning, Research & Writing(LRRW), a four-credit, year-long, first-year course. LRRW teaches thefundamentals <strong>of</strong> legal reasoning including legal analysis, factual analysis, ruleapplication, analogical reasoning, and synthesis; the basic sources and methods <strong>of</strong>legal research; and some basic forms <strong>of</strong> legal writing including objectivememoranda <strong>of</strong> law, client opinion letters, and trial court motion practice briefs. Inaddition, it includes a strong dose <strong>of</strong> pr<strong>of</strong>essionalism and introduces other skillsincluding interviewing, negotiating, and document drafting.A-202 Legal Writing IIThe second part <strong>of</strong> the LRRW Program is Legal Writing II (LWII), a requiredtwo-credit, semester-long course which must be taken either in the fall or spring<strong>of</strong> the student’s second year unless the student failed LRRW, in which case thestudent must take LW II in the year immediately following successful completion<strong>of</strong> LRRW. LW II is designed to reinforce and deepen the students’ knowledge <strong>of</strong>and ability to perform factual analysis, legal analysis, legal reasoning, legalresearch, and writing. The primary project is writing and rewriting an appellatebrief on relatively difficult legal Issues.A-203 Legal Writing III(A)(B)Legal Writing III (LWIII) is not a particular course; instead, it is asignificant scholarly writing requirement which can be met in a number <strong>of</strong>ways. To satisfy the LW III requirement, each student is required tocomplete, under the supervision <strong>of</strong> a full-time faculty member (not anadjunct or other instructor who is not a faculty member employed under afull-time faculty contract), (1) in-depth research in a specialized area,resulting in (2) a written product in which the issues involved are fullyanalyzed and supportable conclusions articulated. Typically, the LWIIIrequirement is satisfied in the student’s third year.To satisfy the LWIII requirement, the written product must meet theRev. August 2012 120


following conditions:(1) The written product must be completed under the supervision <strong>of</strong> afull-time member <strong>of</strong> the faculty who has agreed to assist thestudent;(2) A minimum grade <strong>of</strong> 75 must be earned on the written product;(3) The written product must use proper legal citation form, giveproper attribution to the work <strong>of</strong> others, and be the equivalent <strong>of</strong> noless than twenty-five (25) double-spaced, typewritten pages withcustomary margins (or 7500 words); and(4) Each student is required to submit an outline or outline substitute(such as a thesis statement and annotated bibliography) and at leastone draft <strong>of</strong> the written product to the supervising faculty memberprior to submission <strong>of</strong> the completed written product.(C)(D)(E)(F)The written product requirement may be satisfied by a writing whichmeets the foregoing requirements prepared (a) in a seminar course; (b) inconnection with meeting the requirements <strong>of</strong> membership on the <strong>Howard</strong><strong>Law</strong> Journal; or (c) in an independent study course.Subject to the rules governing incompletes, the completed written productis to be submitted to the supervising faculty member at the time set by thefaculty member, but in no event shall it be submitted later than the last day<strong>of</strong> scheduled third-year classes for the final semester <strong>of</strong> the <strong>Student</strong>’s finalyear. <strong>Student</strong>s cannot change the supervising faculty member without thepermission <strong>of</strong> the original supervising faculty member.All <strong>Student</strong>s must complete a legal-writing-paper disclosure form whichidentifies the course, Independent Study, or Journal in which they eitherhave completed or intend to complete this requirement. The student mustsubmit the form to the Associate Dean for <strong>Student</strong> <strong>Affairs</strong> no later thantwo months prior to graduation. The form must be signed by the facultymember who supervised, who is supervising, or who has agreed tosupervise and grade the student’s written product.No credits toward meeting the graduation credit requirement are given fora LWIII writing.Rev. August 2012 121


APPENDIX B—APPROVED SKILLS COURSESThe approved courses to satisfy the skills course requirement are listed below.The faculty may, from time to time, change the list <strong>of</strong> courses which qualify asskills courses.♦Advanced Legal Research♦Investors Justice Clinic♦♦♦♦♦♦♦♦Advanced CorporateProblemsAlternate Dispute Resolution(course)Alternate Dispute ResolutionClinicAppellate AdvocacyCivil Rights ClinicCivil Rights PlanningCriminal Justice ClinicD.C. <strong>Law</strong> <strong>Student</strong>s in Court(LSIC) ↑♦♦♦♦♦♦♦♦♦IRS ExternshipLegal DraftingNational Moot CourtPatent <strong>Law</strong> Practice &LitigationPretrial LitigationSEC ExternshipTrial Advocacy – CivilTrial Advocacy – CriminalTrial Advocacy Moot Court♦Environmental <strong>Law</strong> ClinicExternship♦Externships♦Estate Planning♦Fair Housing Clinic♦Fair Housing Externship♦Family <strong>Law</strong> Practice♦Federal Capital Litigation↑♦Housing Litigation♦IntellectualProperty/Trademark Clinic♦International Moot Court♦Interviewing, Negotiatingand Counseling↑ Approved course, but <strong>of</strong>fered irregularly.Rev. August 2012 122


APPENDIX C—JD/MBA PROGRAM APPROVED COURSESNOTE:At the time <strong>of</strong> printing <strong>of</strong> this publication, this Appendix C <strong>of</strong> the<strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong> was under revision. For the current programdescription and degree requirements, please contact the associatedean for academic affairs.C-101 <strong>School</strong> <strong>of</strong> Business courses which are approved for JD creditManagerial Accounting n (130-401)Marketing Management n (130-421)Financial Management 11(130-431)Economic analysis 11(130-445)Economic analysis III (130-446)Global Business Environment (130-432)Investments and Portfolio Analysis (130-433)Corporate Finance Policy and Strategy (130-435)C-201 <strong>School</strong> <strong>of</strong> <strong>Law</strong> courses which are approved for MBA creditAdvanced Corporate Problems (600-302)Advanced Tax Problems (600-3 13)Antitrust (600-353)Commercial Paper (600-221)Corporations (600-400)Federal Taxation <strong>of</strong> business Enterprises (600- 707)International Business Transactions (600-322)International Sales (600-303)Land Development and Planning (600-311)Land Finance (600-342)Legal Accounting (600-3 04)Sales and Secured Transactions (600-220)Securities Regulation (600-505)Small Business <strong>Law</strong> (600-394)State and Local Taxation (600-362)Rev. August 2012 123


APPENDIX D—MINI COURSEThis is a list <strong>of</strong> the trend <strong>of</strong> mini-courses <strong>of</strong>fered at the law school since 2009. There is noguarantee that these courses will be <strong>of</strong>fered again or with any regularity. Thesedescriptions are examples <strong>of</strong> types <strong>of</strong> mini-courses in curriculum.Asian Americans and the <strong>Law</strong>This course is a survey <strong>of</strong> the legal history <strong>of</strong> Asian Americans, broadly defined toencompass both Asian immigrants and native-born citizens, including individuals andcommunities <strong>of</strong> mixed backgrounds, which are transnational, or are otherwise difficult tocategorize, from the early nineteenth century to the present, within the context <strong>of</strong> UnitedStates history more generally. A component <strong>of</strong> the course will consider Afro-Asianpeoples. <strong>Student</strong>s write a paper for this course.Climate Change and the Kyoto ProtocolThis mini-course will introduce students to the concepts <strong>of</strong> global warming and climatechange, looking at the scientific, political and regulatory aspects <strong>of</strong> these related issues.Specifically, the course will describe the regulatory regimes governing climate change onthe regional, state, and local levels in the United States and then review the progress <strong>of</strong>regulation and legislation on the federal level. In addition, the course will focus on theKyoto Protocol, an international agreement on climate change that expires in 2012. Thisdiscussion will be particularly timely as the next Conference <strong>of</strong> the Parties to work on apost-2012 agreement will take place in Mexico beginning at the end <strong>of</strong> November 2010.Criminal Motions PracticeThis course provides the student with the opportunity to prepare some <strong>of</strong> the standardmotions made in criminal defense practice such as a motion to suppress evidence.Although there is no prerequisite for this course, the pr<strong>of</strong>essor strongly recommends thatthe students have taken Criminal Procedure I.Employee Benefits (ERISA)This introductory mini-course will provide students with an overview <strong>of</strong> the regulatoryscheme governing employer sponsored arrangements to provide retirement incomeand/or health and/or training benefits for employees (employee benefit plans) under theEmployee Retirement Income Security Act <strong>of</strong> 1974 (ERISA). The course will focus onthe fiduciary provisions <strong>of</strong> part 4 <strong>of</strong> Title I <strong>of</strong> ERISA including reporting and disclosureobligations, fiduciary status/duties, prohibited transactions, exemptions, enforcement andcivil remedies. In addition, the course will provide a brief overview <strong>of</strong> parts 6 and 7 <strong>of</strong>Title I <strong>of</strong> ERISA which relate to group health plans.Federal Indian <strong>Law</strong>This course will introduce students to the fundamental principles <strong>of</strong> federal Indian lawand how that body <strong>of</strong> law defines the relationship between American Indian Tribes, theStates and the federal government. Indian Tribes are recognized as sovereign entities inRev. August 2012 124


the federal constitution. The Constitution does not create tribes, but it does recognizeIndian Tribes as sovereign governments. Indian people are the only race in America witha specific title <strong>of</strong> the Unites States Code that defines and dictates their relationship to theworld around them. From the Indian Non-intercourse Act <strong>of</strong> 1834, through the IndianCitizenship Act <strong>of</strong> 1934, to the Indian Civil Rights Act <strong>of</strong> 1968, and current legislation,Congress wields tremendous influence over the lives <strong>of</strong> Indian people.Indian tribes are governments, many with land bases (reservations), which retain all <strong>of</strong>the inherent powers <strong>of</strong> a sovereign except for those removed by the plenary power <strong>of</strong>Congress, specifically given up by treaty, or which have been held to be “inconsistentwith their status as domestic dependant sovereigns.” The course will interweave thehistory <strong>of</strong> the development <strong>of</strong> the United States and its relationship to the Native peoplesthat were indigenous to what is now America with the development <strong>of</strong> American Indianpolicy and law as demonstrated through statutory and case law.International Environmental <strong>Law</strong>This seminar class will cover the key aspects <strong>of</strong> international environmental law. It willbegin with a discussion <strong>of</strong> the concept <strong>of</strong> sustainable development, followed by a review<strong>of</strong> the sources <strong>of</strong> international law. We will then discuss the major internationalenvironmental law themes and principles, including public participation, the interaction<strong>of</strong> citizens with international institutions, economic concerns relating to environmentalprotection and sovereignty issues. Specific topics to be addressed include: internationallaw <strong>of</strong> biodiversity, climate change and human rights and the environment. Class lecturesmay be supplemented by distinguished guest practitioners in the field. Due to the currenttopical nature <strong>of</strong> many <strong>of</strong> the subjects, some assignments may be rearranged in theschedule.Juvenile Justice <strong>Law</strong>This course will introduce students to some <strong>of</strong> the most pressing issues in juvenilejustice. <strong>Student</strong>s will learn about seminal Supreme Court cases concerning the rights <strong>of</strong>youth accused <strong>of</strong> committing crimes. The course will explore a range <strong>of</strong> juvenile justicepolicy problems, including systemic racial and ethnic disparities, the role <strong>of</strong> schools asfeeders into the justice system, quality <strong>of</strong>--and access to--counsel for youth indelinquency cases, the transfer <strong>of</strong> youth to the adult criminal justice system, andconditions <strong>of</strong> confinement within juvenile correctional facilities. Policy solutions tothese problems will be examined.<strong>Law</strong>yering from the Heart: <strong>Law</strong> in the Public InterestThis course is designed to <strong>of</strong>fer students an introduction through legal study and practicalexperience models, the importance, and path to a career or work as a public interestattorney. The course will encourage students to focus on developing their ownpr<strong>of</strong>essional identity and career goals. Through readings, journal and discussion, studentswill explore fundamental questions <strong>of</strong> meaning and purpose in living a life <strong>of</strong> service inthe law. The course will examine leading cases and movements orchestrated by publicRev. August 2012 125


interest lawyers as well current issues that public interest lawyers must consider as theydecide to embark upon service in the law. There will be a pro bono practicum as a part <strong>of</strong>this course.Military <strong>Law</strong>The Supreme Court has recognized that "the military is, by necessity, a specializedsociety separate from civilian society" and that "the military has, again by necessity,developed laws and traditions <strong>of</strong> its own during its long history." Military law concernsitself predominately but not exclusively with criminal sanctions and process that governthe conduct <strong>of</strong> military personnel. This course will examine the evolution <strong>of</strong> militarycriminal law, how it is practiced today in peace and in war under the Uniform Code <strong>of</strong>Military Justice, and its relationship to American societal and legal norms. It will alsoconsider how the military has reacted to various issues affecting its structure and culture,and how the courts have responded. The course will include up to four gradedassignments that may include short memos, responses to exercises, and, potentially, ashort oral presentation.Race, Gender and the <strong>Law</strong>: The Life and Work <strong>of</strong> Pauli MurrayThis course is specially designed to commemorate the 140 th Anniversary <strong>of</strong> <strong>Howard</strong><strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> by closely examining the intersectionality <strong>of</strong> race, gender andthe law through learning about the extraordinary life <strong>of</strong> <strong>Howard</strong> <strong>University</strong> <strong>Law</strong> graduatePauli Murray. Pauli Murray was a 1944 graduate <strong>of</strong> <strong>Howard</strong> <strong>Law</strong> <strong>School</strong> who laterbecame a civil rights lawyer, author <strong>of</strong> highly influenential essays and books, and the firstAfrican American woman to become an Episcopal priest.Social Media and the <strong>Law</strong>In this seminar, students will explore why and how online activity challenges traditionalapproaches to law and procedure, given the collision <strong>of</strong> interests in and around the virtualnature <strong>of</strong> the Internet. As technologies that rely upon user-generated content (includingFacebook, MySpace, Twitter, Wikipedia, Second Life, blogs/vlogs, podcasts, and“mashups”) increasingly appear in civil lawsuits and criminal prosecutions, this seminarwill provide a foundation for understanding the current state <strong>of</strong> law, as well as assistingthe student in creating a cutting edge legal framework regarding social media problems(such as security, privacy, defamation, intellectual property rights). Topics will includespeech, discovery, cybercrimes, anonymity (versus privacy), virtual agreements, citizenjournalism, and political activism. Online etiquette and ethics will also be explored, aswell as the pr<strong>of</strong>essional trends regarding advising clients, employees, and employersregarding the potential pitfalls and benefits <strong>of</strong> social networking use.SuperfundIn the 1960s and 1970s, much attention focused on contaminated sites with the horror <strong>of</strong>Love Canal in NY and the Valley <strong>of</strong> the Drums in Kentucky. In 1980, Congress passeda law known as the Comprehensive Environmental Response, Compensation, andLiability Act (CERCLA) or the “Superfund.” This course will provide students with aRev. August 2012 126


asic understanding <strong>of</strong> this law, its liability provisions, and scope <strong>of</strong> coverage andlimitations. This statute provides a regulatory framework to protect human health and theenvironment from historic toxic or hazardous sites due to inappropriate or illegalcontamination by companies.The Contemporary Public DefenderThis course will trace the right to counsel from the pre-Gideon movement to the SupremeCourt edict and subsequent limitations and enlargements. There will be a review <strong>of</strong> thework traditionally assigned to public defenders, burdens on the system, and initial andcontemporary challenges confronting public defenders with some emphasis on theportrayal <strong>of</strong> public defenders in the news and entertainment media. We will look atmodern day efforts by institutional public defenders to address these challenges andburdens, including community defenders, bundling civil legal services, prisoner reentryfocuses, and instituting work standards. A substantial amount <strong>of</strong> the course would focuson institutional and other problems still facing public defenders, as well as the antiquatedsystems still in place in many states for the appointment <strong>of</strong> counsel, which raise access tojustice issues and perpetuate unequal treatment <strong>of</strong> under-represented individuals in oursociety.The <strong>Law</strong> <strong>of</strong> Modern ArbitrationAn increasing number <strong>of</strong> disputes today are resolved in arbitration, a contractual processin which the parties agree that the decision <strong>of</strong> a private third party shall be the final andbinding resolution their dispute. There is only a limited right <strong>of</strong> judicial review <strong>of</strong> thearbitration award. This course will explore the legal sources and limitations <strong>of</strong> arbitrationas it has evolved and developed in modern times. In this survey course, students will beexposed to the basic concepts necessary to understand the arbitration process by lookingat its development in the labor-management context, the commercial context, thestatutory claims context, and the international context.The Legal MemorandumThe Legal Memorandum is a course that will focus on developing a well-craftedanalytical memorandum <strong>of</strong> law. This course is another opportunity to focus onsharpening your writing skills.The Prosecutor and the U.S. ConstitutionThis course will provide students with an opportunity to examine the way prosecutorialdiscretion is exercised with an emphasis on the Fourth, Fifth, and Sixth Amendments.There will be discussion on prosecutor and police relations, the Confrontation Clause(with specific emphasis on witness intimidation and child abuse) and on discovery anddisclosure. In addition, there will be some attention given to the Eighth Amendment withdiscussion about bail and the death penalty.Rev. August 2012 127


APPENDIX E – FAMILY LAW CERTIFICATE PROGRAMI. Purpose and GoalThe Certificate is <strong>of</strong>fered to HFLS members to acknowledge the legal education, work,community service and law school activities that they have engaged in during their tenureat the <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> (HUSL) as well as to acknowledge that they havea demonstrated interest in the specialty <strong>of</strong> Family <strong>Law</strong>. When they receive the Certificate,award recipients will be able to place the award on their resume. Their active involvementin the HFLS as well as their academic accomplishments in taking several Family <strong>Law</strong> andFamily-<strong>Law</strong> related courses and acquiring legal experience will help them to obtainemployment in this practice area.II. QualificationsTo obtain a Certificate, each candidate must:Be an active member <strong>of</strong> the Family <strong>Law</strong> Society;Be a current member (have paid membership dues unless a hardship waiver hasbeen granted);Be a graduating third year student; and,Complete all other <strong>Howard</strong> <strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong>’s requirements for the JurisDoctorate degree.III. Course, Activity, and Grade RequirementsA. General Curricular RequirementsEach certificate candidate must satisfy all <strong>of</strong> the following requirements:♦Complete at least eighteen (18) credit hours <strong>of</strong> Family <strong>Law</strong> and Family <strong>Law</strong>relatedcourses (courses in which a significant amount <strong>of</strong> class time is devoted todiscussion <strong>of</strong> family law issues such as property ownership) that appear on the list<strong>of</strong> approved courses below in addition to the required course <strong>of</strong> Family <strong>Law</strong>.Candidates strongly are advised to select as many bar courses from the list <strong>of</strong>approved courses as possible.♦Complete at least one approved Family <strong>Law</strong> seminar that requires writing asubstantive paper (one that satisfies Legal Writing III requirements) on a Family<strong>Law</strong> topic. Approved seminars are listed below. A certificate candidate mustsubmit a copy <strong>of</strong> the paper that will be considered for satisfaction <strong>of</strong> thisRev. August 2012 128


equirement with the certificate application. Candidates may use the same paperto satisfy HUSL’s Legal Writing III requirement and the certificate requirement.♦Complete a total <strong>of</strong> fifteen (15) hours <strong>of</strong> community service during thecandidate’s three years <strong>of</strong> study at HUSL. <strong>Student</strong>s must complete one legalinternship or externship to fulfill a substantial part <strong>of</strong> this entire requirement togain practical knowledge <strong>of</strong> Family <strong>Law</strong> and for resume enhancement.♦Earn a minimum grade <strong>of</strong> 80 or above in the Family <strong>Law</strong> survey course.B. Approved Courses1. Required Course: Credit HoursFamily <strong>Law</strong> (a bar course) 3 (minimum grade <strong>of</strong> 80equired)2. Additional Bar Courses:Agency, Partnership and Unincorporated 3Business AssociationsConstitutional <strong>Law</strong> II 3Corporations 3Estate and Gift Tax 3Federal Income Taxation I 3Real Property 3Wills, Trusts and Estates 33. Seminar Courses:Adoption <strong>Law</strong> (a bar course) 3Children and the <strong>Law</strong> 3Gender and the <strong>Law</strong> 3Genetics and the <strong>Law</strong> 3Independent Study2for 3Ls only)<strong>Law</strong> and Aging 3Marshall Brennan Seminar3 (partial credit awarded)4. Skills Courses:(Applicable only when a family law problem or case file is used)Criminal Justice Clinic6 (partial credit awarded)National Moot Court 2Pretrial Litigation Practice 3Trial Advocacy 2Externship 35. Other Approved Courses:Alternative Dispute Resolution (theory) 3Rev. August 2012 129


Creditors’ and Debtors’ Rights and Remedies 3Education <strong>Law</strong> 3Estate Planning 3Health <strong>Law</strong> 3Immigration <strong>Law</strong> 3International Human Rights 36. Externships and Internships:(family-law focus; Family <strong>Law</strong> is a prerequisite) Judicial Internship (with afamily court judge, juvenile judge or magistrate; Family <strong>Law</strong> is a prerequisite)To qualify, an externship or internship must last for at least one semester duringan academic term or at least eight weeks during the summer. Externships andinternships must comply with all other requirements set forth in the <strong>Howard</strong><strong>University</strong> <strong>School</strong> <strong>of</strong> <strong>Law</strong> <strong>Student</strong> <strong>Affairs</strong> <strong>Guide</strong>.For certificate purposes, the candidate is not required to receive credit for theexternship or internship. However, the candidate’s satisfactory completion <strong>of</strong> theexternship or internship requirements must be documented with a letter from asupervising attorney or judge.HUSL students must take all required courses at HUSL. As the HUSL curriculumdevelops, additional courses may be approved for satisfaction <strong>of</strong> certificaterequirements. Any additional courses or consortium courses (those <strong>of</strong>fered at preapprovedlaw schools) must be pre-approved by the Associate Dean <strong>of</strong> <strong>Student</strong><strong>Affairs</strong> and the HFLS faculty advisor.When the HFLS faculty advisor receives a completed application for a certificate,the (Records Office) personnel to obtain certification that the candidate hascompleted requisite courses and, where applicable, the Records Office will certifythat the candidate has met the grade requirement.7. Additional Course OfferingsThe certificate program as described herein is self-contained. Ample electiveswhich candidates may select for completion <strong>of</strong> certificate requirements alreadyare <strong>of</strong>fered. The only potentially anticipated change in the proposed program atthis time is that if relevant courses are added to the curriculum, students mayenroll in those courses and receive credit for successful completion <strong>of</strong> those addedcourses. Periodically, the Associate Dean <strong>of</strong> Academic <strong>Affairs</strong> and the facultyadvisor will confer to ensure that the program is functioning properly.Rev. August 2012 130


IV. Community Service RequirementCandidates must complete a total <strong>of</strong> fifteen (15) hours <strong>of</strong> community service during theirthree years <strong>of</strong> study at HUSL. For consideration, the community service must be insupport <strong>of</strong> families. Service in the legal field, such as participation in the AlternativeSpring Break program, is preferred but not required. Satisfactory completion <strong>of</strong> a legalexternship or judicial internship with a family court judge will satisfy this requirement.Lists <strong>of</strong> volunteer opportunities, local family courts, and family law attorneys will beposted on the HFLS TWEN site. For these purposes, documented community service willbe construed broadly. For example, a candidate may volunteer at a soup kitchen thatserves families or organize a toy drive for children in a local community.V. Admission requirements:A. Eligibility RequirementsTo obtain a certificate, each candidate must:Be an active member <strong>of</strong> the <strong>Howard</strong> Family <strong>Law</strong> Society (HFLS);Be a current member (have paid membership dues unless a hardship waiver has beengranted);Be a graduating third year student at HUSL who is in good academic standing; and,Complete all other HUSL requirements for the Juris Doctorate degree.Transfer students (students who transfer from other accredited law schools to HUSL)who provide documented pro<strong>of</strong> <strong>of</strong> satisfactory completion <strong>of</strong> comparable listed coursesmay apply for a certificate if they meet all certificate qualifications. Such students areencouraged to seek advisement from the faculty advisor regarding eligibility for thecertificate as soon as possible after enrollment in a course <strong>of</strong> study at HUSL.B. Application ProcessThe Family <strong>Law</strong> Certificate Program Application will be posted on the HFLS TWENsite. Interested students must meet with the faculty advisor at least once and as early aspossible for advisement, to discuss certificate requirements and to ensure that the studentwill qualify for a certificate. Upon completion <strong>of</strong> certificate requirements, the candidatemust download the application and complete it.The following items:Rev. August 2012 131


1) a certified transcript from the Office <strong>of</strong> <strong>Student</strong> <strong>Affairs</strong>’ Records Office,2) an appropriate seminar paper, and3) a letter <strong>of</strong> completion for an externship or internship must be presented with theapplication. After the candidate receives the Registrar’s verification, the candidateshall submit the application to the HFLS faculty advisor for final approval.After the faculty advisor advises interested students about qualifications and eligibilityrequirements, the student solely is responsible for ensuring that he or she has compliedwith all certificate requirements in a timely manner.VI. Pr<strong>of</strong>iciency examinations will not be required.VII. Enrollment in courses at other <strong>University</strong> departments. Althoughinterdisciplinary projects and educational lectures are planned and encouraged, thisprogram will not require students to enroll in courses in other departments <strong>of</strong> the<strong>University</strong>.VIII. Academic PoliciesA. Grades: The certificate candidate must earn a grade <strong>of</strong> at least 80 (B) in theFamily <strong>Law</strong> course and at least 75 (C+) in all other approved courses.B. Time for Completion <strong>of</strong> Requirements: Satisfaction <strong>of</strong> the certificaterequirements must occur during the candidate’s three years <strong>of</strong> study at HUSL. Atits regular faculty meeting for certifying that students are qualified for graduation,the faculty will certify that the certificate candidates qualify for certificates.Qualifications shall include satisfaction <strong>of</strong> all certificate requirements and passinggrades for all courses except for the grade <strong>of</strong> at least 80 that is required in Family<strong>Law</strong>.Rev. August 2012 132


APPENDIX F—CLASS MURAL FORMATBeginning with the graduating class <strong>of</strong> 2013, the Class Mural will be formattedalphabetically by the students’ last names. There will be no special designations for class<strong>of</strong>ficers, student organizations, co-curricular participation, clinic participation, or anyother type <strong>of</strong> affiliation.Rev. August 2012 133


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