School of Law Catalog 1997-1998 Law School George Mason University

School of Law 1997-98 Catalog

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

11 Board of Visitors 1997-98

Board of Visitors 1997-98 George Mason University

Ms. M. Constance Bedell Dr. William Kristol Vi ce President , RPB Company Editor and Publisher, Th e Weekly Standard Springfi eld, Virginia Washington, D.C.

Mr. Larry Brown Mr. W. Scott McGeary Potomac, Maryland Northern Virginia Building Industry Association Mr. Horace Cooper Fairfax, Virginia Legislati ve Counsel Washington, D.C. The Honorable Michele McQuigg Occoquan Di strict Supervisor Ms. Joann P. DiGennaro, Esq. Prince William County Board President, Center for Excell ence in of Supervisors Education Prince William, Virginia McLean. Virgini a The Honorable Edwin Meese, Ill Dr. Richard Fink Ronald Reagan Fell ow in Public Policy Exec. Vice President, Koch Industries, Inc. The Heritage Foundati on Washington, D.C. Mr. David N. Olson The Honorable Paula Dobriansky Ashburn, Virgini a Al exandria, Virgin ia

Dr. Edwin Feulner, Jr. President, The Heritage Foundation Washington. D.C.

Mr. James Hazel Senior Vice President, Ryan McGinn Arlington, Virginia

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Ill

Table of Contents

Administration ...... I Thition and Fees ...... 28 General Provisions ...... --- -- ·-······ 28 Faculty of Law 1997-98 ...... 2 Payment Methods ...... 29 Financial Penalti es ...... 29 General Provision ...... 6 Refund/Liabilities Policies ...... 29 George Mason Uni versity ...... 6 Mission of the University...... 6 Academic Provisions...... 30 School of Law ...... 7 Matricul ati on ...... 30 Hi story of the School of Law ...... 7 Leaves of Absence ...... 30 Physical Pl ant ...... 7 Registrati on ...... 30 Law Library ...... 7 Academi c Credit ...... 30 Law and Economics Center ...... 8 Graduati on Requirements ...... 32 Programs Offered ...... 8 Ins tructi on ...... 32 Contidentiality of Student Records ...... 9 Acade mic Performance ...... 34 Other Documents ...... 9 Other Grounds for Ge neral Regul ations ...... 9 Cancell ati on of Matricul ati on ...... 34 Alcohol and Other Drug Poli cy ...... )() Nondiscrimination and Curriculum ...... 35 Affirmati ve Action Statement ...... 14 Standard Prov ision ...... 35 HlV/AfDS Poli cy ...... 14 General Law Program ...... 35 Sexual Harassment Poli cy Corporate and Securities for Faculty, Staff, & Students ...... 15 Law Track ...... 36 Sexual Assault Policy ...... 16 In tell ectu al Propen y Po li cy for Acceptabl e Use Law Track ...... 38 of Computing ...... 17 Intern ational Business Track ...... 39 Judicial Affairs ...... 18 Litigation Law Trac k ...... 40 Regul atory Law Track ...... 42 Student Affairs ...... 2 I Student Affairs ...... 2 1 Curricular Courses ...... 44 Fellowship Programs ...... 22 Minority Student Affairs ...... 22 Disability Suppon Services ...... 23 Veterans Services ...... 23 Student Organi zati ons ...... 24

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Administration

Administration

Alan G. Merten Anna H. Davis President, Assistant Dean George Mason University Director, Career Services

David L. Potter Wendy E. Payton Provost Acting Director of Admissions

Mark F. Grady Patricia J. Hupalo Dean, School ofLaw Recorder Chairman, Law and Economics Center Raymond D'Souza Nelson Lund Director of Finance Acting Associate Dean for Academic Affairs D. Susan Wallace Director of Development Steven D. Hinckley Associate Dean fo r Research John P. Giacomini and Technology Director of Special Programs Director, Law Library Steven B. Davis Winston S. Moore Director of Public Relations Associate Dean and Publications

William Blanton Director, Legal Research and Writing

Victoria M. Huber Deputy Director, Legal Research and Writing

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

2 Faculty of Law 1997-98

Faculty of Law 1997-98

FULL-TIME FACULTY Steven J, Eagle Robert A. Anthony Professor of Law. B. B.A. 1965, City Coll ege of New George Mason University Foundation Professor of Law. York: J.D. 1970, Yale Uni versity. B.A. 1953, Yale Uni versity: B.A. Juris 1955. Oxford University; J.D. 1957, Stanford Ernest Gellhorn Uni versity. George Mason University Foundation Professor of Law. B.A. 1956, LL.B. 1962, Uni versity of Minnesota. David E. Bernstein Assistant Professor of Law. B.A. 1988. Brandeis Norman C. Gillespie Uni versity: J.D. 199 1, Yale University. Vi siting Associate Professor of Law. B.A. 1964, Bates Coll ege; Ph.D. 1970, University of Wisconsin: M.S.L. Margaret F. Brinig 1987. Yale Uni versity; J.D. 1990, Stanford Univers.ity. Professor of Law. B. A. 1970. Duke Uni versity; J.D. 1973, Seton Hall University: M.A. 1993, Mark F. Grady Ph.D. 1994, George Mason Uni versity. Dean and Professor of Law. A.B. 1970, J.D. 1973, Uni versity of California. Los Angeles. Francis H. Buckley Professor of Law. B.A. 1969, LL.B. 1974, McGill Claire A. Hill Uni versity; LL.M. 1975, Harvard Uni versity. Assistant Professor of Law. B.A. 1977, M.A. 1980, University of Clli cago; J.D. 1983, American University; James E. Byrne LL.M. 1993, Columbia Un iversity. Associate Professor of Law. B.A. 1968. University nf Notre Dame; J.D. 1977. Stetson Unive rsity; LL.M. D. Bruce Johnsen 1978. Uni versity of Pennsylvania. Associate Professor of Law. B.A. 1977. M.A. 198 1, Ph.D. 1987, : J.D. 1985 , Lloyd R. Cohen Emory University. Associate Professor of Law. B.A. 1968, Harpur Coll ege: M.A. 1973. Ph.D. 1976, State Uni versi ty of Bruce H. Kobayashi New York-Binghamton; J.D. 1983. Emory Uni versity. Associate Professor of Law. B.S. 198 1, M. A. 1982. Ph .D. 1986. Uni versity of Californi a. Los Angeles. John L. Costello, Jr. Professor of Law. A.B. 1952. Dickinson Coll ege: J.D. William E. Kovacic 1955, Dickinson School of Law ; M.A. 1964, Aetcher Professor of Law. A.B . 1974, Princeton Uni versity; J.D. School of Law and Diplomacy: LL.M. 1975. Uni versity 1978. Columbia University. of Virginia. Michael I. Krauss Steven M. Crafton Professor of Law. B.A. 1973, Carleton Uni versity: Associate Professor of Law (on di sability leave). B.A. LL.B. 1976. Uni versity of Sherbrooke; LL.M. 1978, 197 1, University of Ari zona: Ph.D. 1976. Texas A&M Yale University. University; J.D. 1984. Emory University. Edward J. Damich William H. Lash, Ill Professor of Law (on leave of absence). A.B. 1970, St. Professor of Law and Coordinator, International Stephen's Coll ege: J.D. 1976. The Catholic Universi ty Business Track. B.A. 1982, Yale University: J.D. 1985, of Ameri ca: LL.M. 1983, J.S .D. 1989. Columbia Harvard Un iversity. University.

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Faculty of Law 1997-98 3

Maxwell L. Stearns Leandra Lederman Assoc iate Professor of Law. B.A. 1983. Universit y of Vi siting Assoc iate Professor of Law: A.B. 1987. Bryn Penn sy lvania : J.D. 1987. Un iversi ty of Virginia. Mawr College: J.D. 1990. LL.M . 199:1. New York Universi ty. PART-TIME FACULTY

Nelson Lund Alden F. Abbott Ac ti ng Associate Dean fo r Academi c Affairs and Lecturer in Law. B.A. 1974. Un iversity of Vi rginia: Professor of Law. B.A. 1974. St. John ·s Coll ege: M.A. J.D. 1977. Harvard Uni vers it y: M.S . IY8.J. Georgetow n 1978. The Catholi c Uni versity of America: A. M. 1979. Uni versi ty. Ph.D. 198 1, Harvard Uni versit y: J.D. 1985, Uni vers ity of Chi cago. John Berresford Lecturer in Law. A.B. 1972/J .D. 1975. Was hington Henry G. Manne Uni versily. George Mason Uni vers ity Professor. B.A. 1950. John R. Bolton Vanderbilt Uni ve rsity : J.D. 1952. Uni ve rsity of Lecturer in Law. B.A. 1970. J.D. 197-l. Yale Chicago: J.S. D. 1966. Yal e Un ive rsity: LL.D . 1987. Uni versi ty. Seattle Uni vers it y: LL.D. 1987. Universidad Francisco Marroquin. Jell'rey M. Bucher Lecturer in Law. B.A . 1954. Occidental College: J.D . Timothy J. Muris 1957. Stanford Uni ve rsit y. George Mason University Foundation Professor of Law and Coordinator. Regul atory La w Track . Don 0 . Burley B.A. 197 1. San Diego State Uni versity: J.D. 1974. Lecturer in La w. B.A. 197 1. Uni versi ty of Un ive rsit y of California, Los Angeles Pennsy lva nia : J.D. 1976. Vill anova University.

Erin O'Hara Michael J. Cavanaugh Assi stant Professor of Law. B.A. 1987. Universit y of Lecturer in Law. B.A. 197 1. Ohi o State Uni vers ity: Rochester: J.D. 1990. Georgetown Un iversit y. J.D. 1974. Stanford Universit y.

Francesco Parisi Deborah A. Chassman Lecturer in Law. B.A. 1958. Uni versi ty of Chicago: Assoc iate Professor of Law. D. Jur. 1985. Uni versity of M.A. 197 1. Ci ty Uni vers it y of New York: 1986-89. Rome '·La Sapienza:" LL.M . 1988, J.S. D. 1990. M.A . Fe ll ow. Yale In stitute for S

David A. Schum Robert M. Dilling Professor of Information Technology and Engineeri ng: Lecturer in Law. B.A . 1973. Wheaton College: J.D. Professor of Law. B.A . 1956. M.A. 1961. Southern 1976. Washington & Lee University. Methodi st Uni versit y: Ph.D. 1964. Oh io State Uni ve rsity. Kevin M. Dinan Lec turer in Law. B.A. 1980. University of Vennont : Linda A. Schwartzstein J.D. 1985. Emory Uni versity. Pro fessor of Law. A.B . 1973. Brandei s Uni ve rsit y: J.D. 1976. Un iversity of Mi chi ga n; LL.M . 1977. New York University; M.A. 199 1. Ph .D. 1994. George Ma.

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

4 Faculty of Law 1997-98

Teresa L. Donovan George Kleinfeld Lecturer in Law. B.A. 1977, Washington State Lecturer in Law. B.S . 1980, Georgetown University; University; J.D. 1980, Gonzaga University; LL.M. J.D. 1983. M.S. 1984. University of Penn sylvani a. 1981. Boston University. Stanley Klein Tracy-Gene G. Durkin Lecturer in Law. B.A. 1972, State University of New Lecturer in Law. B.S. 1983. Philadelphia College of York at Buffalo: J.D. 1975, Georgetown University. Textiles and Science; J.D. 1989. George Washington Uni ve rsity. ,James W. Korman Lecturer in Law. B.A. 1965 . College of Wilti am & Mary Del Rey Gillmarten Mary; J.D. 1968, George Washington University. Lecturer in Law. A.B .. University of Notre Dame; J.D .. Georgetown University. Dale S. Lazar Lecturer in Law. B.S. 1974, J.D. 1977. Cornell Peter W. Gowdey Uni versity. Lecturer in Law. B.S. 1965. Clarkson Uni versity; J.D. 1968. Albany Law School of Union University. Robert H. Ledig Lecturer in Law. B.A., State University of New York at Barry L. Grossman Albany; J.D., George Washington Unive rsity. Lecturer in Law. B.S. A.E. 1970, Un iversit y of Virgini a; J.D. 1974, American Uni versity. Leonard P. Liggio Lecturer in Law. B.A. Georgetown University; M.A., P. Jay Hines Ph .D., Fordham Universit y. Lecturer in Law. B.A. 1975, Universit y of Notre Dame; J.D. 1978, Nonhwestem School of Law. Lewis and Thomas ,J. Macpeak Clark College. Lecturer in Law. B.S. 1955, LeMoyne College; J.D. 1958, Georgetown University. Dale H. Hoscheit Lecturer in Law. B.S. 195 1, J.D. 1956. University of C. Duncan MacRae Illinois. Lecturer in Law. A. B. 1962, Harvard Un iversity; Ph .D. 1966, Cambridge Universit y. J.D. 1994, George Mason Lester A. Katz Uni versity. Lecturer in Law. B.S. 1960, J.D. 1963. Boston University: LL.M. 1972. George Washjngton Gary Marchant University. Lecturer in Law. B.Sc. 1980, Uni versity of British Columbia; Ph.D. (Geneti cs) 1986, Uni versity of British David Kaufman Columbia; M.P.P. and J.D. 1990. Harvard Universi ty. Lecturer in Law. A.B. 1970, Grinnell College; Ph.D. 1978, Utah State Uni versity; J.D. 199 1, George Mason John 0. McGinnis Un iversity. Vi siting Distingui shed Lecturer in Law (Autumn 1997). B.A. 1978, Harvard College; M.A. 1980, Balliol James K. Kearney Coll ege. Oxford; J.D. 1983. Harvard University. Lecturer in Law. B.A. 1973. Uni vers ity of Pittsburgh; J.D. 1976, Uni versit y of Virgini a. Brian ,J. McNamara Lecturer in Law. B.E.E. 197 3. Manhattan Coll ege; David Kera M.S.E.E. 1976, M.A.S. 1980. Johns Hopkins Lecturer in Law. B.A. 1950, New York Uni ve rsit y; J.D. University; J.D. 1986. Uni versity of Mary land . 1955, Harvard Uni versit y. Geoffrey R. Myers Edward J. Kessler Lecturer in Law. B.S.Ch.E. 1962, Princeton University; Lecturer in Law. B.S.E.E. 1967, J.D. 1970, George LL.B. 1965. Duke Uni versity. Washington Uni versity. Granta Y. Nakayama Anne Greer Kishmir Lecturer in Law. S.B.and S.M. (Nuclear Engineering) Lecturer in Law. B.A. 1980. All egheny College; J.D. 1981, Massachusett s Institute of Technology; J.D. 1992, George Mason University. 1994, George Mason Un iversit y.

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Faculty of Law 1997-98 5

Ralph Oman Martin P. Willard Lecturer in Law. A.B. 1962. Hamilton Coll ege: J.D. Lectu re r in Law. A.B 1977. Georgetown University: 1973. Georgetown Uni ve rsit y. Ph .D. 1984. Johns Hopki ns University: J.D. 1987. Uni ve rsit y of Virginia. Dennis P. O'Reilley Lecturer in Law. B.S. 1966. United States Naval Steven C. Wrappe Academy; J.D. 1975. George Washington Lecturer in Law. B.B.A .. Uni versit y of Notre Dame: Uni ve rsity. J.D .. Uni ve rsity of Tex as.

Robert P. Parker Johnathan Wroblewski LeciUrer in Law. B.A. 198 1. Johns Hopkins Univers it y: Lecturer in Law. A.B . 1983. : J.D. J.D. 1984. Uni versit y of Pennsylva ni :1. 1986. Stanford Universi ty.

George E. Quillin David M. Yo ung Lecturer in Law. B.S. 1973. United States Mili tary Lecturer in Law. J.D. 1993. George Mason University. Academy: J.D. 1984. Uni versity of South Carolina. Anthony J, Zelano Michael J . Remington Lecturer in Law. B.S. 1965. Providence College: Ph.D. Lectu rer in Law. B.S. 1967. J.D. 1973. Universit y of 1970. Brown Uni versity: J.D. 197 7. Georgetown Wiscon.'iin. Uni ve rsit y.

John M. Romary DISTINGUISHED Lecturer in Law. B.E.E. 1969. Lehig h Uni versit y: J.D. 1973. Georgetown Uni ve rsi ty. ADJUNCT FACULTY Douglas H. Ginsburg Richard L. Schwaab Distingui shed Professor of Law. B.S. 1970. Cornell Lecturer in Law. B.S. 1967. Uni versity of Wi scon; in : Uni ve rsi ty: J.D. 1973. University of C hi cago. J.D. 197 1. LL.M. 1979. George Washington Universit y. Pauline Newman Don G. Scroggin Distingui shed Professor of Law. B.A. 1947. Vassar Lecturer in Law. B.S. 1955. LeMoyne College: J.D. Coll ege: M.A. 1 94~. Columbia Univer>ity: Ph.D. 1952. 1958. Georgetown Uni versit y. Yale Universit y: LL.B . 1958. New York Universit y. Paul F. Sheridan John F. Witherspoon Lecturer in Law. B.S. 1966. Centenary Coll ege: M.A. Dist ingui shed Professor of Inte ll ectual Propeny Law 197 1/Ph.D. 1972 (Physical Chemi stry). Harvard and Coordinator. lnt ellecru al Propen y Law Uni versity; J.D. 1978, Yale Universit y. Track. B.S. 1955. M.Ed. 1 95~ . M.S. 1960. Uni versi ty .Joseph P. Skerpon of Ill in ois; J.D. 1964. Georgetown University . Lectu re r in Law. B.S. Ch. E. 1975. Prin ceton Unive rsit y; J.D. 198 1. University of Buffa lo.

Stephen F. Smith Lectu rer in Law. B.A. 1988. Danmc:> uth College: J.D. 1992. University of Virgi ni a.

Jonathan Thacher Lecturer in Law. B.A. 1970. Uni vers it y of Miami: J.D. 1980. George Mason Uni versit y.

Robert E. Ward Lecturer in Law. B.A. 1975. Nonhwestern University: J.D. 1980. Uni ve rsity of Santa Clara . LL. M. 1981. Boston Uni versi ty.

Edward W. Wa rren Lecturer in Law. B.A . 1966. Ya le University: J.D. 1%'1. Uni ver«i ly of Chicago.

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

6 General Provisions

General Provisions

George Mason University Choice, which applies scientific and economic George Mason University is a dynamic, for­ methods to the "public choice behavior" of ward-looking institution that provides a diverse voters, party leaders, and other politicians, lob­ and interactive curriculum to educate students byists, and bureaucrats. This center and more for life in a rapidly changing, highly technical than 60 other centers and institutes enhance world. George Mason, a medium-sized state university scholarship and contribute, both university, is in Northern Virginia, convenient directly and indirectly, to the intellectual to all the resources of the nation's capital and growth of the George Mason student. the greater Washington, D.C., metropolitan area. Mission of the University Both George Mason and surrounding Fairfax George Mason will be an institution of interna­ County have experienced phenomenal devel­ tional academic reputation providing superior opment over the past several decades. From its education enabling students to develop critical, origins in 1957 as a two-year branch of the analytical, and imaginative thinking and to , George Mason has make well-founded ethical decisions. It will grown into a comprehensive institution offer­ respond to the call for interdisciplinary ing degrees through the doctoral level. From a research and teaching not simply by adding rural suburb of Washington, D.C., Fairfax programs but by rethinking the traditional County has developed into a center of high­ structure of the academy. technology enterprise. The university will prepare students to address The university's leadership has carefully plan­ the complex issues facing them in society and ned curricular emphases to make the best use to discover meaning in their own lives. It will of the area's resources in technology, the arts encourage diversity in its student body and and humanities, and public policy. George will meet the needs of students by providing Mason's programs are an integral part of its them with undergraduate, graduate, and pro­ Northern Virginia locale, giving to and receiv­ fessional courses of study that are interdisci­ ing from the community in both service and plinary and innovative. The university will intellectual interchange. The university also energetic

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

General Provisions 7

Commonwealth of Vi rginia serving pri vate and University was established by authority of an public sectors and will be an intellectual and act of the General Assembly of Vi rginia. which cultural nexus between Northern Virgini a. the became effective Jul y I, 1979. The sc hool nation, and the world. became an operative unit of the uni versity on that dare by acquiring the assets of the School of Law Internati onal School of Law. The George Mason Uni ve rsi ty School of Law For several years before 1979. the Rector and (GMUSL) offers educational programs leading Board of Vi sitors of George Mason University to the tirst professional degree in law, the juris perceived the need to establi sh a law sc hool at doctor (J.D.). the university. Since George Mason's mi ssion is imposed by statute to be the slate uni ve rsi ty The curriculum provides a sound. basic legal in Northern Virginia, the region's rapidly education for all student s. with an emphasis on growin g population demanded a more compre­ writing and on the principl es of economi cs, hensive range of educational services. finance, and accounting that are of crucial importance in the practi ce of law. Elective After thorough study and considerati on. the courses allow students to ex pl ore areas of General Assembly agreed to all ow George interest. Mason to establish a law school by enac ting Senate Bill607 in it s 1979 session. The School Students can choose between our General of Law has been an integral part of George Program, a tradit ional law curriculum, and one Mason University since the transfer. of our specially tracks or sequences. GMUSL also offers the option to study full-time during the day or part-time at ni ght. Accreditation The School or Law is full y accredited by the f'ull- Part- American Bar Associati on (ABA ) and is a Programs Time Time member of the Associati on of American Law General Program Schools. George Mason Uni versi ty is fu ll y Corporate • • accredited by the Southern Associati on of Colleges and Schools to award bachelor's . and Securities Law • • master's, and doctoral degrees. and is a mem­ Internation al Bu siness • • ber of the Council of Graduate Schools in the Litigation Law • • United States . Intell ectual Property Law • • Regul atory Law • • Physical Plant Sequences The School of Law is located on the Arlington Campus at 3401 North Fairfax Drive. The Corporate and Securities Law • • campu s is one bl ock from the Vi rgini a Criminal Law • • Square/GMU Metro Station on the Orange Intellectual Propert y Law • • Line. Four large classrooms. three se minar Internati onal Business • • rooms, a courtroom, and offi ces fo r faculty. Legal and Economic Theory • • administration. and stu dent ac tivi ti es are avail­ Liti gati on Law • • able. A large. attractive space is devoted to the Personal Law • • Law Library. Food service and a bookstore Regul atory Law • • are on the premises . Law Library History of the School of Law The Law Library cont ai ns more than 300.000 The School of Law of George Mason vo lumes. In addi tion to the required American

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

8 Law Library and British materials, the library contains libraries further enhances the research capabil­ major research collections in the areas of law ities of the law faculty and students. and economics, business, economic theory and history, ethics and philosophy, tax, patent law, Law and Economics Center financial services, and international trade. The Law and Economics Center (LEC) moved As a participant in the Federal Government to the School of Law in 1986. Founded in Documents Depository system, the library reg­ 1974 by the law school's former dean Henry ularly receives administrative decisions, execu­ G. Manne, the LEC's purpose is to further the tive agency reports, and other government doc­ development of law and economics as intellec­ uments. The Law Library collects most tuall y related disciplines. The LEC seeks to American legal court reports, statutes, encyclo­ demonstrate the applicability of economic pedias, digests, and indexes, and has subscrip­ scholarship to legal policy, and to relate eco­ tions to more than 3,400 law and law-related nomics to the substance and procedures of law. periodicals and serials. Among the better known programs of the LEC Automation enables effective management and are its economics institutes for federal judges use of the collection. The library shares both and for law professors. Each residential insti­ an on-line catalog, Polaris, and an automated tute provides participants with a university­ circulation system with Fenwick Library, level introductory course in economics. A George Mason's Fairfax Campus library. comparable course in law for academic econo­ Resources available to students are ex panded mi sts is also offered. Through a series of further through ALADIN, the on-line catalog interdisciplinary symposia, current topics in of the Washington Research Libraries law and economics are explored. Many pro­ Consortium. An interlibrary loan service grams result in publication of the proceedings, allows George Mason law students to borrow allowing a wider range of academics to bene­ materials from participating institutions. tit. Office space is provided for visiting schol­ ars, many of whom present special workshops Research is further supported by a microfonn to interested faculty and students. reading room, television-video workstation, and workstation for accessing CD-ROM prod­ Programs Offered ucts. Students may access Interactive Courtroom. an interactive video workstation All programs lead to the juris doctor degree. that uses laserdisc technology to simulate For those who can devote the whole of their courtroom proceedings. working time substantially to the study of law, a full-time program is offered in the day divi­ The library maintains two computer labs for the sion. This program can be completed in six students of the George Mason University semesters or three academic years. School of Law. Both labs are connected to the law school 's local area network (LAN). Access Day division classes are scheduled from 8 a.m. to the LAN is through an individual account to 5:45 p.m, Monday through Friday. Classes that is available to aU George Mason law stu­ may be scheduled during weekends with prior dents. A laser printer is located in each lab. announcement. In accordance with ABA regu­ lation, full-time students are not permitted to Various programs are accessible through the work more than 20 hours per week in paid LAN, including word processing, statistical employment. For those precluded from full­ packages, and Internet access. LEXJS® and time class attendance and study, the evening WESTLAW® are also available through the division offers a program designed to be com­ LAN. pleted in eight semesters or four academic years. Proximity to the Di strict of Columbia and its large number of federal and law school Evening division classes are scheduled from 6

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

General Provisions 9 to 10 p.m., Monday through Friday. Students General Regulations cannot complete the required sequences unless Motor Vehicles they can allend class on any ni ght of the week. The pri vil ege of operating and parking a motor Classes may be scheduled on weekends with ve hicle at George Mason Uni versity is extend­ prior announcement. ed to a ll students. subject to the fo ll owin g pro­ cedures: Confidentiality of Student Records Vehicles must be registered wi th the Office of Parking Services. At the time of registrati on. All informati on in student records is consid­ the student must certify th at ( I) the vehicle has ered confidential and subject to the Family a va li d state registration and insurance from a Educati o nal Ri ghts and Privacy Act (FERPA) recogni zed carrier to afford coverage for pub­ of 1974. This act was designed to protect the li c li ability in conforn1ity with the laws of the privacy of educatio nal records. to establi sh the Commonwealth of Virginia. (2) the student has ri ght of students to inspect and review their a va lid driver's li cense, and (3) the student educati onal records, and to provide guidelines understands that he or she is governed by uni­ for the correcti on of inaccurate or mi sleading versit y Moto r Vehi cle and Traffic Rules and data through info rmal and formal hearings. Regul atio ns. a copy of which is furnished at Students also have the ri ght to file complaints the time of registrati on of the vehicle. Every with the FERPA office concerning all eged fai l­ registered vehicle must display a decal. ures by the in stitution to comply with the Act. Parking Servi ces has an offi ce at the Arlington George Mason routinely complies with Campus. requests from the State Council of Hi gher Educati on for Virginia (SCHEY) fo r personall y Identification Cards identifiable informati on on enroll ed students. Official university identificati on cards are This information is for research purposes. and issued to each student as part of the registra­ as a condition of accepting the data. SCHEY ti on process. This card must be presented for has agreed to protect it from further disclosure. use of library mate ri als and may be required except as aggregate data. for admission to university event s or for using Students may in spect their educati onal records unive rsit y faci lities after normal operating and obtain more informati on about the Pri vacy hours. The identificatio n card i' revalidated Act at the Law School Recorder's Ofiicc. each semester.

Students are cautioned that when applying for Firearms jobs or loans, o r otherwi se initiating any acti o n The unauthorized possession. storage. displ ay. that may prompt inquiries at the school. they or use of any kind of ammunitio n. II rearms. should make arrangements with the Recorder's firewo rks. expl osives. air rines. air pi stols. ~ r Office for release of informati on. other lethal in strument s is prohi bited on uni ­ ve rsit y property. Any questi o ns regarding this regul ati on should be directed to the Uni versit y Other Documents Po li ce. 993-28 10. on th e Fairfax Campus. The informati on provided in this catalog is intended to describe the principal effects of the Animals regulations under which the facult y. admini s­ No animals are permitted in uni versit y build­ trati on, and staff conduct the programs of the ings at any time. Excepti ons are made for school. Copies of the academic regulations are dogs assisting di sabled persons. o n file in the Law Library. Solicitors Soli citors. except those on o flicial husincss with the universit y. are not permilled on uni-

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10 Alcohol and Other Drug Policy vers ity property without prior approval of the requires that we in fo rm you that the unlawful Auxiliary Enterprises Office. manufacture, distribution, possession, or use of a controll ed substance is prohibited in the Alcohol work place. This policy prohibits the impair­ ment of an employee in the workplace from and Other Drug Policy the use of alcohol or other drugs. The work­ (Adopted by the Board of Visitors, May 1987: place consists of any state-owned. -controlled, updated May 1994) or -leased property, or the site where state The abuse of drugs and alcohol by members work is performed. Any employee who vio­ of the George Mason University community is lates this prohibition will be subject to di sci­ incompatible with the goals of the university. plinary action up to and including di scharge By defining standards of behav ior and by pro­ and/or will be required to satisfactorily partici­ vidi ng educational programs and creating an pate in a drug-abuse assistance or rehabilita­ awareness of drug- and alcohol-related prob­ tion program at the di scretion of management. lems, the uni versity attempts to prepare indi ­ As a condition of employment, each employee viduals to act responsibly. Those in need of must abide by the terms of this prohibition and assistance in dealing with such problems are noti fy his/her supervisor of any criminal drug encouraged to seek the confidenti al services of statute conviction occurring in the workplace the uni versity 's Counseling, Student Health, or no later than fi ve days after such conviction. Drug Education Services. I. General Laws and Regulations Drugs-The uni versit y prohibits the posses­ A. Those who choose to purchase, possess, sion and use of illegal drugs. Possession. sale. and consume alcoholic beverages on use, or di stribution of controlled substances, campus must do so responsibl y and including marijuana. is a violati on of both fed­ be of legal age of twenty-one (2 1) . All eral and state laws, and university regulations. members of the university community, to include students, fac ulty, staff, al umni, Alcohol-The use of alcoholic beverages on and their guests, are expected to compl y campus is at the di scretion of the uni versity with federal and state laws regarding and subject to state alcoholic beverage regula­ the use of alcohol and university-related ti ons. Unl ess the uni versity has speci fi call y regul ations contained in this policy. sanctioned the location and condition of alco­ Thi s compl iance also extends to events hol use, the possession and consumption of held off campus and sponsored by alcohol on campus is prohibited. recognized university organizations. Individuals involved in the sale, use, or dist ri b­ Students and employees are expected ution of controlled substa nces (drugs and alco­ to take personal responsibility for their hol) are subject to arrest and un iversity disci­ own conduct when making decisions plinary action. The university imposes a vari­ regarding the use of alcohoL ety of sanctions. which may include evicti on B. Virginia state law prohibits the purchase, fro m uni versity housi ng and suspension or di s­ possession, or consumption of beer, 3.2 missal fro m the university. beverages. wine. or distilled spirits by per­ The regulations outlined in this policy also sons under the age of twenty-one (2 1). It is apply to off-campus, student-sponsored social also prohibited to purchase for, or to serve acti vities and professional meetings attended such beverages to. a person under twenty­ by employees when these events are official one (2 1). Underage persons who use or university-sponsored activi ties. attempt to use a dri ver's license that has been altered, forged, borrowed from anoth­ Notice to All State Employees er, or is any way deceptive in an attempt to The federal Drug-Free Work Pl ace Act obtain beverages prohibited to them shall

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General Prov isions 11

have their driver's licenses revoked for not loss of the privil ege to reserve or use uni­ less that 30 days but not more than o ne versity facilities. Disciplinary action for year. students or student o rganizations wi ll be conducted in accordance wi th the George Consuming alcohol in nonlicensed public Mason Uni versity Judicial System for pl aces or offering a drink to another in a Student Conduct: civi l proceedings may nonlicensed public place is also a violati on occur in cen ain situations. Un ive rsit y sanc­ of Virginia law. The sale of alcoho lic bev­ ti ons arc intended not to punish indi viduals erages to an intox icated person is prohibit­ but to provide educati on and rehabilitation ed. It is unlawful for an intoxicated person services. Sancti ons vary with severity of to purchase or possess alcoho lic beverages. violation and range fro m written warnings While this purc hase or possession is a mis­ to expul sion from the university. Included demeanor. violators are also subject to hav­ in most sancti ons for students is an evalu a­ in g their driver's licenses revoked fo r a ti on by the director of Drug Education year. It is illegal to operate a motor ve hi ­ Services to ascen ain severity of alcohol and cle- including mopeds-whil e a person has other drug problems and a referral to a blood alcohol concentration (BAC) of .08 arrange community-service hours. Faculty percent or hi ghe r. You no longer have the and staff found in violati on may be subject option of requesting a blood test instead of to actio n by their appro priate administrati ve a breath test for an alcohol-related offense. ofli ce. For drivers under 2 1 who drive with a BAC of .02 or hi gher, the driver's license will be II. Health Risks suspended for six months along with a $500 For many people in our society. the use of fin e. For drivers registering .08 or above chemi cals is a daily realit y. These chemi cals BACon a breath test or who refu se a breath include over-the-counter medications. prescrip­ test. administrati ve li cense suspension fo r ti on drugs. and ill egal drugs such as marijuana. seven days will occur. For those arrested cocaine. and LSD. They also include legal with prior DUI offenses, administrati ve chemicals such as alcoho l. ni cotine. and caf­ impoundment of offender's ve hicle for 30 fe ine. Many chemicals have the potential to days will occur. Sobriety spot-checks to improve our health and enrich o ur li ves. Yet detect drunken drivers are legal. It is illegal many of these chemicals also have the poten­ to provide alcohol from an unregistered keg ti al to cause seri ous health. legal. and econom­ (common container holding four gallo ns or ic problems. more). Only Uni versit y Dining Services o r an authori zed entity may serve alcohol fro m Alcohol is a depressant that slows down brain kegs. acti vit y. Like any drug th at affects the mind. alcohol has the potenti al to be abused. C. Possessio n, use. sale. or distributio n of Decision-making abi lities can be impaired by controll ed substances. including marijuana. alcohol use. whi ch can cause negative conse­ is a violatio n of federal and state laws as well quences such as ri sky sexual behavior. It is as university regul ation. The 1988 Federal expected that all students and employees Drug-Free Workplace Act also prohibits the respect those who choose not to drink . unlawful manufacture . distributio n. posses­ Drinking alcohol should be avoided. panicu­ sio n, o r use of a cont rolled substance in the larl y by pregnant women and anyone taking workplace. prescribed medi cati ons or operati ng a motor D. Students. faculty. staff. and sponsoring ve hicle. Long-term or heavy use of alcohol is organizati ons found in violation of state linked to cancer. hean and liver damage. and and/or university regulati ons may be subject other seri ous illnesses. Tolerance or physical to disciplinary acti on. civil acti ons. and/or and psychological dependence can develop.

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12 Alcohol and Other Drug Policy

The potential for health problems can also ID 's. Hosts are responsible for the conduct develop from the use of ni cotine or caffei ne of their guests. products. E. When alcoholi c beverages are present at an Illicit drugs have more than legal conse­ event, nonalcoholic beverages must be quences; they have specific health and ethical avai lable in sufficient quantities and at a risks that can cause dangerous consequences price equal to or less than those of the alco­ and/or unhealth y dependent behavior. Use of holic beverages. It is recommended that alcohol or any other drug in a manner that food also be available. leads to impairment or intoxication is unhealthy, risky, and should be avoided and F. No state funds (i ncluding university and discouraged. student fees) may be used to purchase alco­ holic beverages. Those in need of assistance in dealing with alcohol and other drug problems are encour­ G. Regardless of whether alcohol is served, aged to seek the confidential services of cam­ advertising for a function where alcohol is pus departments listed in Section VI. being served may make no reference in written or picture form to alcoholic bever­ Ill. General Regulations for ages being served or the cost of such bever­ ages. This includes official uni versity University Offices, Student events held on or off campus. Organizations, and Contract Groups Serving Alcoholic Beverages H. For events sponsored by a student organiza­ A. University regulations prohibit the pos­ tion where alcohol is bei ng served, a repre­ session or consumption of any alcoholic sentative of that organization must meet beverage on university grounds unl ess the with the appropriate staff from the Office of university has sanctioned the locations Campus Life before a facilities use request and/or conditions for possession or con­ form wi ll approved. sumption (e.g. , Bistro). I. Student organization leaders or alumni hav­ B. Alcohol consumed in licensed faci lities ing questions or concerns regarding this must be purchased and consumed within policy may address them to the director of the area designated for the event. the Office of Events Management. Faculty, staff, and others having questi ons or other C. For events occurring in either student union concerns may address them to the director or the Johnson Center, University Dining of the Office of Campus Life. Those with Services holds the Alcohol Beverage questions regarding the Alcohol and Other Control Board li cense for beer and wi ne. Drug Policy fo r residential areas should The beer and wine must be sold by address them to the director of Campus University Dining Services. A cover charge Living Services. may not be imposed for alcohol. Alcohol Policies for D. Attendance at university-sponsored events IV. where alcohol is being served is limited to Residential Areas George Mason University students, fac ulty, A. All resident students and all visitors to on­ and staff and their invited guests. Guests campus housing faci lities must abide by must be registered by the sponsor. Guests federal and state laws as well as university of un iversity community members are sub­ regulations concerning the purchase, pos­ ject to the same regulations as their host session, and consumpti on of alcohol ic bev­ while on campus, such as complyi ng with erages. legal drinking laws and the use of legal B. Alcohol may be consumed only within

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General Prov ision s 13

individual private li ving areas by pe rsons of Columbia. (202) 966-9 11 5 (10 a. m.- 10 p.m.) legal drinking age. unless the li ving area is • AI -Anon and A lateen (for family/fri ends) designated "alcohol-free." The consumption Virginia. (703) 241 -20 11: Maryland and of alcohol in public areas is stri ctl y prohib­ Di strict of Columbia, (202) 882- 1334 ited. All alcohol that is transported through • Narcotics Anonymous (NA) Virgini a, public areas must be unopened. (703) 28 1-8638: Maryland . (30 I) 73 1-722 1 • Nar Anon. (703) 876-43 16(for fa mily/fri ends) C. See the Residence Hall Handbook for detailed reg ul ations for residenti al areas. D.C. Metropolitan Area Counties • Alexandria Center. (703) 329-2000 V. Other Campus Facilities • Alexandria Detox Center. (703) 329-2010 Decisions regarding approval for the service • Arlington County Substance Abuse of alcohol in the Patriot Center or at the Coordinator, (703) 358-4900 Arlington Campus are made by professional • D.C. Alcohol and Drug Abu se Services. staff in consultation with uni versi ty offi cials. (202) 727-0660 • Fairfax County/Fall s Church Programs, VI. Campus (703) 359-7040 and Community Resources ProR JWIU jimded by the cowl/)' and based on a Northern Virginia Hotline, (703) 572-4077 sliding-fee scale ABC-Alcohol Beverage Control Board, Fairfax County Assessment Referral Center, (800) 552-3200 (703) 359-7040 • Central intake for all alcohol and drug ASAP-Alcohol Safety Action Program, county services (703) 246-4300 Loudoun County Substance Abuse Service. Center for Health Promotion- Dav id (703) 777-0320. or call CA RE Center at Anderson. Ph.D.; Gayle Hamilton. Ph .D .. (703) 770-3280 993-3697 Prince George~~ County GMV Intercollegiate Athletics- Debbie • Clinton, (301 ) 599-223 1 Wilson. Ph.D .. sports psychologist, 993-3254 • Laurel, (301 ) 498-7500 GMV Counseling Services-Charl otte Prince William County Stannard, M.Ed., 993-2380 • Prince William County Substance Abu se Services, (703) 335-7800 GMV Drug Education Services-Na ncy Schulte. L. C.S.W.. 993-3686 Free Intervention Services • Cri sis Coun seling Service of Springwood. GMV Office of Human Resources. 993-2600 Fa irfax C it y, (703) 359-2848: Springfi eld . • Employee information & referral services (703) 922-8904: Chantill y. (703) 8 18- 26 10: State Employee Assistance Service (SEAS). Manassas. (703) 335-5733 (804) 786-674 1 • First Step of Dominion Hospital. Seven Corners, (703) 538-2872 GMV Health Education Services- Jud y • Li ving Free, Ann andale. (703 l 750- 1292 Palmore. 993-3690 • Mountain Wood. Fall s Church. (703) 848- University Police/Dept. of Public Safety, 2621 993-28 10 Outpatient Services Free Self-Help Groups ( 12-Step Recovery) • Another Path. Reston. (703) 620-9397 • Alcoholics Anonymous (AA) Virgini a. (teens onl y) (703) 824-007 1: Maryland and Di stri ct of • Arlington Coun seling and Chemical

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14 Nondiscrimination and Affirmative Action

Dependency Center, Arlington, (703) action will be taken to ensure that opportuni­ 558-6750 ties afforded by the university are fully avail­ • Beacon, Fairfax, (703) 698-5088 able to persons with disabilities, women, dis­ • C.A.T.S., Fairfax HospitaL (703) 698-1530 abled and Vietnam-era veterans, and minori­ (adults only) ties. The university will make every reason­ • Prince William Hospital Addiction able accommodation to enable students or Treatment Center, Manassas, (703) 369-8403 employees with disabilities to undertake work D.C. metro area, (202) 631-8403 or study for which they qualify. • Reston Hospital Center Addiction Treatment Center, Reston, (703) 689-9000, As required by the Civil Rights Act of 1964, as ext. 4410 (adults only) amended, the university is committed to the broad application of Title IX of the Higher The Alcohol and Other Drug Policy in these Education Amendments of 1972, Title VI of preceding sections outlines subject matter per­ the Civil Rights Act of 1964, the Americans taining to university regulations on substance with Disabilities Act of 1990, Section 504 of use and abuse. This policy is annually distrib­ the Rehabilitation Act of 1973, and the Age uted to all employees and students as a means Discrimination Act of 1975. of informing the campus community of alco­ Students should bring problems or questions hol and other drug laws, health risks, and cam­ regarding EO/ AA/sexual harassment policies pus and community resources. University reg­ to the attention of the supervisor, department ulations regarding the Alcohol and Other Drug chair, the vice president of University Life, an Policy have been developed by a committee of academic dean, the director of Human faculty, staff, and students. This policy state­ Resources, the university ombudsperson, a ment is available in the Drug Education trusted staff or faculty member, the Women's Services in Student Union I, Room 252, 993- Studies Research and Resource Center, or the 3686. This policy is also distributed through vice president and university equity officer, the university catalog, student and faculty/staff Mason Hall , Room DI05, 993-8736. Students handbooks, and the university's two newspa­ with disabilities can contact Disability Support pers, Broadside and The Mason Gazelle. Services, Student Union I. Room 234, 993- 2474. Nondiscrimination and Affirmative Action Statement HIVIAIDS Policy George Mason University is an equal opportu­ George Mason University is committed to cre­ nity/affirmative action institution committed to ating an environment that supports the intellec­ the principle that access to study or employ­ tual and personal development of its communi­ ment opportunities afforded by the university, ty. A primary goal of the university is to including all benefits and privileges, be assure that the quality of life for students, accorded to each person-student, faculty, or staff, and faculty is conducive to and facilitates staff member--on the basis of individual merit the learning process at all stages of personal without regard to race, color, religion, national growth and development. George Mason origin. veteran status, disability, sex, sexual University recognizes the concern of its stu­ orientation, or age (except where sex or age is dents, staff, and facu lty about AIDS and has a bona fide occupational qualification). adopted the following policies for the educa­ tion and protection of the campus community. George Mason University shall maintain a continuing affirmative program to promote Acquired immunodeficiency syndrome (AJDS) equal opportunity and to identify and eliminate is a result of infection with the human immun­ discriminatory practices in every phase of uni­ odeficiency virus (HlV). Persons who are versity operations. Furthermore. affirmative HIV-positive or who live with AIDS are sus-

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

General Provisions 15 ceptible to bac teria, fungi , and diseases th at status will not be provided to students. staff. would not normally affect others so adversely. faculty, administrators, or even parents without The virus serves to break down and eventuall y the express written permission of that individ­ destroy the immune system. ual.

Presently, there is no cure for HIV or AIDS ; Sexual Harassment Policy therefore, comprehensive education is recog­ nized as the key strategy in AIDS prevention. for Faculty, Staff, & Students The university is taking an active role in mak­ (as adopted by the Execwive Council on ing current information about the transmi ssion February 8, 1994) of HIV and the means to minimizing the ri sk Sexual harassment is unacceptable conduct of developing AIDS avail able to the members and will not be condoned in any fonn at of its community. George Mason Universit y George Mason Universit y. This poli cy is pan will have an educated constituency that is of the university effon to maintain a Jeaming aware of and supponive of the prevention, ri sk and work environment free from sex ual harass­ behaviors, coping strategies, and other related ment. While thi s problem can seriously affect issues surrounding HJV. all members of an educational community. sex ual harassment can be panicularl y devastat­ The HTV/AIDS Education Program has been in g for our student populat ion. A sexual developed to accomplish thi s task. Goals of harassment experience can affect a student 's the education program include infonnati on emotional well -being. impair academic distribution about prevention and ri sk reduc­ progress, and even inhibit the attainment of tion of HIV and AIDS. Development of the career goal s. This problem can likewise affect skills and suppon needed to change risk employees and applicants for both employ­ behaviors are significant components of the ment or admissions to the uni versity in the program. Another purpose of thi s campus­ same manner. Therefore, George Mason wide education program is to ensure the pro­ University must move to eliminate thi s prob­ tection of the individual rights of al l members lem from our community. of the campus community and the preparation of individuals to act in a responsible manner. Sexual Harassment Defined Discrimination against persons who are HIV­ It is generally agreed that what constitutes positi ve or who may have AIDS is incompati­ and defines sex ual harassment can vary under ble with the goals of George Mason and wi ll particul ar circumstances and events. Never­ not be to lerated. theless. using the definiti ons of the U.S. Eq ual Employment Opponunity Commission Persons in the uni versity community who need (EEOC) and the U.S. Depanment of assistance in dealing with issues about HIV/ Educati on's Office for Civil Rights (OCR). AIDS are encouraged to seek the confidential the universit y defines sex ual harassment as fol­ services of the university's Counseling lows: Services. Student Health Services, Health .. Unwelcome sexual advances, requests for Education Services, future HIV/A IDS person­ xexual j(lvors, and other verbal or phvsical nel, and a variety of community agenci es. conduct oj" a sexual nature constitwe harass­ Students, staff, and fac ulty who are HIV-posi­ melll when ( I) submission to or rejection of tive or who li ve with AIDS will be able to such conduct is m.ade either explicitly or remain in the uni ve rsity community as long as implicitly a term or condition of an individ­ they are physicall y and mentall y able to per­ ual's academic pe1jormance or employment: fonn their roles. The confidentiality of any (2) submission to or rejeuion of such conduct person with HIV and AIDS will be protected. /J.v an individual is used as the basis j(JT deci­ Information conceming an indi vidual's HIV sions about academic evaluation, employment,

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16 Sexual Harassment Policy

promolion, transfer selection for training, per­ the George Mason University community: stu­ formance evaluation, or selection for academ­ dents, faculty, administrators, staff, contract ic awards or benefits, etc.; or (3) such conduct employees, and visitors. has the purpose or effect of creating an intimi­ daLing , hostile, or offensive edu cational or The university is commiued to providing an work environment or substantially imer{eres institutional environment where all persons with a student's academic or an employee's may pursue their studies, careers, duties, and work perfornumce." activities in an atmosphere free of the threat of unwelcome and unwanted sexual actions. It While the definition quoted above retlects the strongly condemns sexual offenders. historical fact that the majority of sexual harassment complaints involve a male harasser Rape and sexual assault are serious violations and a female complainant (or victim), the defi­ of the university's student judicial code, facul­ nition applies equall y to female harassers and ty standards, and university employee policies. male victims as well as same-sex harassment. They are crimes under state law and are pun­ As described by the U.S. Office for Civil ishable by fines and/or imprisonment. In addi­ Rights: tion, the actions are subject to civil suit for damages. "Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed The university wi ll respond promptly, fairly, on the basis of sex by an employee or an agent and decisively to all reports of sexual assault of a recipient [of Federal funding /that denies, and rape. Members of the university commu­ limits, provides different, or conditions the nity accused of these actions wi ll be subject to provision of aid, benefits, services or treatment university disciplinary procedures when the protected under Title IX .... Generally, alleged incident has occurred on campus or harassment at its extreme occurs when a per­ when the action has occurred off campus and son, in a position to comrol, influence, or materially affects the learning environment or affect another individual 's education, grades. operations of the university. job. or career uses rh eir mulwriry and power to coerce an individual into sexual relations, Sexual assault is defined as the attempt or act or to punish that individual for refusing sexual of rape, forced sodomy (anal intercourse), relations. " forced copulation (oral-genital contact), or forced penetration by a foreign object, includ­ For example, sexual harassment may include ing a finger. Sexual assault also includes the demands for sexual favors. accompanied by act of touching an unwilling person's intimate implied or overt threats concerning one's job, parts such as genitalia, groin, breast, buttocks, grade, or letter of recommendation; subtle or the clothing covering these parts, or forcing pressure for sexual activity, unwelcome physi­ an unwilling person to touch another's inti­ cal contact, sexual comments, and innuendos; mate parts. Intoxication of the assai lant shall visual displays of degrading sex ual images; up not diminish the assai lant's responsibility for to and including physical assau lt and rape. sex ual assau lt.

A complete description of the university's sex­ Rape is detined as unwanted sexu al inter­ ual harassment policy and grievance proce­ course. Unwanted sexual intercourse is dures is available from the Affirmative defined as sex ual intercourse committed Action/Equity Office. 993-8730. against a person's will as evidenced by refusal of consent or the use of force, threat, or intim­ Sexual Assault Policy idation. Sexual intercourse committed with a person who, by virtue of mental incapacity or The fo llowing policy applies to all members of physical helplessness. is unable to give or

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General Prov isions 17 withhold consent is al so detlned as rape. This computers, and any computer network gov­ definition of rape includes. but is not limited erned in part or whole by the uni versit y. to, incapacity or helplessness caused by alco­ hol or other drugs. Intoxi cati on of the Compute r systems at George Mason support assail ant shall not diminish the assai lant 's students, facult y, and staff as they carry out the responsibility fo r rape. educati onal mi ssion of the universit y. The in stitution encourages and promotes the use by The above acts constitute sex ual assault when the university community of computing and they are committed through force, threat, or network resources that are in keepin g with its intimidation; when the perpetrator has been mi ssion. Computing acti viti es that do not sup­ in formed that his/her acti ons are unwanted. or port instructi on, research, or admi ni stration are through the use of the victim 's mental or phys­ subject to regul ation and res triction to ensure ical helpl essness of whi ch the accused was non-interference with thi s legiti mate work . aware or should have been aware. The degree of impairment of the victim 's ability to give or Access to any university computer system is withhold consent may be introduced as perti ­ prov ided with the understanding th at the recip­ nent information at any uni versi ty di sciplinary ient is personall y responsible for proper use of hearing. the resources. thereby respecting the work of others. The onl y way to ensure th at limited The uni ve rsity Sex ual Assault Services coordi ­ resources are utilized fairl y and that privacy is nator has been established to provide compre­ protected is to rely on the integrit y of each hensive assistance and support to individuals computer user. Improper use of computer or affected by sex ual assault, as we ll as to over­ network resources is not acceptable. see the development, deli ve ry. coordination. Examples of improper computer use include and evaluation of the uni versit y's sexual (but are not limited to): assault program. This offi ce is responsibl e for • Accessin g. modifyin g, or attempting to compliance with the Hi gher Educati on access or modify any computer system. Amendments of 1992 and the recommenda­ network . or program you are not authori zed ti ons of the Governor's Task Force on to use. (Authori zati on must be provided by Substance Abuse and Sexual Assault . the system administrator.) This incl udes This oftl ce provides uni versit y-wide coordina­ all owing/enabling anyone else to use your tion of the educati on, prevention, treatment. user ID. and response poli cies, procedures, and pro­ • Attempting to provide or prov iding comput­ grams in the area of sex ual assault. For more er or network resources to unauthori zed informati on, contact the coordinator, Connie J. users in side or outside the university com­ Kirkl and, at 993-4364. munity. (A uthori zation mu st be provided by the system administrator.) Th is includes Policy for Acceptable Use all owin g/enabling anyone else to use your of Computing user ID. This policy applies to all of the George Mason • Us ing or attempting to use the computer to University community, including students. fac­ harass. threaten, or abu se others or to trans­ ulty, administrators, staff. contract employees, mit obscene or fraudulent messages. and those who may be granted a guest comput­ • Attempting to access or accessing data er account on a request basis by a system without explicit permission from the owne r. admi nistrator. For purposes of thi s poli cy, computer systems include all computers and • Tampering with, stealing. disablin g. or software owned by the university, any commu­ destroying uni versit y hardware or software. ni cat ions hard ware and soft ware provided by or attempting to do any of th ese. the universit y for the purpose of accessing its

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18 Judicial Affairs

• Violating software license agreements, Judicial Affairs copyrights, or intellectual property rights. Two codes address student conduct at This includes copying software without per­ GMUSL. Academic misconduct (e.g .. plagia­ mission from the copyright holder or contin­ rism) is governed by the Honor Code, and uing to operate software for which the nonacademic discipline (for incidents such as license has expired. vandalism or sexual assault) is administered Each computer system administrator (i n the under the Judicial Code by the University case of the central academic administrative Judicial Board. computer systems and the camp:~swide net­ work, the designated staff of University Honor Code Pledge and Guidelines Computing and Information Systems [UCIS]) Honor Code Pledge is obligated to protect the system and its users "The importance of public trust in the legal from injury or damage. A system administra­ community requires that students of the George tor may temporarily suspend access privileges Mason University School of Law maintain the if necessary to maintain the integrity of the highest levels of ethical conduct, honesty, and computer system or network. The UCIS direc­ integrity in their legal education. Law students tors, and only they, can authorize the inspec­ constitute the members of the honor committee tion of private data or monitoring of messages and admini ster the Honor Code system at (including electronic mail) when there is rea­ George Mason University School of Law. The goal is to protect the equity and integrity of the sonable cause to suspect improper use of com­ legal education of all students. Upholding and puter or network resources. A system admin­ abiding by the principals of the Honor Code are istrator must obtain approval from a UCIS necessary to preserve the rights of all students to director to investigate a reported or suspected a positive, fair, and open learning environment. improper use. Once approval is granted to conduct an investigation, the director must "All allegations submitted to the Honor Code notify the university's Computer Security committee are investigated by members of the Review Panel within 24 hours that an investi­ honor conunittee. In cases where a reasonable gation has been authorized. After the investi­ possibility exists that a violation has occurred? gation has been approved by the director, the further proceedings are held protecting both due system administrator may take whatever action process and the accused students rights to confi­ is needed to gather relevant evidence. If evi­ dentiality. dence of improper use is detected, it is report­ ed to the Computer Security Review Panel. "The authority for establishing rules and regula­ who may forward the information to appropri­ tions affecting student conduct at George Mason ate authorities within or outside the university. University is provided for under Section 23-9.2:3 of the Code of Virginia. The code states that state institutions of higher education The university is committed to promoting ethi­ have the authority " ... to establish rules and cal and responsible use of computer and net­ regulations for the conduct of students while work resources and will not tolerate their mis­ attending such institutions, and to establish rules use. Improper use may lead to one or more of and regulations for the dismissal of students the following consequences: loss of access who fai l to abide by such rules and regulations." privileges, requirement to reimburse George Mason or the commonwealth of Virginia for Honor Code Pledge misappropriated computer or network Each student at George Mason University resources; disciplinary action under facu lty School of Law is entering a profession where standards, employee policies, or student judi­ honest and ethical conduct is not on ly a profes­ cial or honor codes; and/or prosecution under sion responsibility, but a legal requirement. In civil or criminal laws. recognition of this, each student will be treated by all other students, the faculty, and the admin-

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General Prov isions 19 istration as a person of honor with the hi ghest 1.07 Duty to Report personal integrity. If any student has reasonabl e cause 10 be lieve that an Honor Code violation has occurred. he or We demand of each other that each of us tell the she shall repo rt such violation 10 an Honor truth. respect the property of others. and never Committee Member. represent the work of another as our own. We will neither provide nor accept unauthori zed Chapter 2: Violations assistance on an y school related assignment. nor 2.0 I Violntio11s shall we either intentionally mislead or impede II shall be a violati on of thi s Honor Code to Lie. the learning of our fe ll ow students. Cheat. or Steal. The following li st is illu strati ve Essential to the character of the Honor Code is of Honor Code violations but is not exhaustive: the obligation of each studem to report any vio­ (a) Assignments (including examinati ons) lation of the Honor Code and to participate in arc to be the sole work of the student unless proceedings if called upon. specifi call y authori zed otherwise by the pro· fessor. To give. receive. or uti lize unautho­ Honor Committee Guidelines ri zed assistance in preparation fo r or during Chapter I: General Provisions an assignment is a violati on of thi s Honor 1.01 Statemelll of Purpose Code. These Honor Committee Guidelines arti cul ate (b) To continue working on an assig nment of minimum standard s for academic conduct. the examinati on beyond the all oned time responsibilities of indi viduals as membe rs of the peri od. George Mason Uni ve rsit y School of Law (GMUSL) academi c community. and the proce­ (c) To plagiari ze. dures for handling allegati ons of violati ons. (d) To provide false information to the 1.02 Persons Covered Administration. the Pl acement Offi ce. or This Honor Code applies to all law students at other entities including potenti al employers all times after admission to GMUS L and until regarding academic achi evemenL<; or certificati on of graduation fro m GMUS L. invo lvement. 1.03 Scope (e) To assist another in performing an act which violates thi s Code. This Honor Code covers all on-campus ac ti vit y. any off-campus school related acti vit y. and any (F) To steal or anempl to steal. tamper wi th . activity funded who ll y or in part by George or destroy GMU propert y or the propert y of Mason Uni ve rsit y (GMU). others. 1.04 Posting (g) The abuse of Honor proceedi ngs. includ­ A copy of thi s Honor Code shall be ava il able to ing the tiling of a fri volous complaint. every student upon request from the Student Bar (h) To fail to report a suspected violati on Association (SBA). when a student has reasonable cause to 1.05 Constructive Notice be lieve that an Honor Code violation has Every law student. from date of admission 10 occurred. date of certification of graduation. is responsibl e Chapter 3: Sanctions for knowing and complying with all provisions 3.01 Sa11ctions of this Honor Code. This li st of sancti ons is ex hausti ve. More than 1.06 Requirement of Proof one sancti on may be applied. All persons are presumed innocent and no pe r­ (a) Ex pulsion. son may be convicted of a violati on unless that violati on is proven beyond a reasonable doubt. (b) Suspension. The fact that a person has been charged with a (c ) Probati on. violati on is not an inference of guilt . (d ) Reducti on to the grade of "'F" for the course invo lved.

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20 Judicial Code

(e) Pl acement on the student 's transcript of complaint before hi s or her signature the an "'F' FOR HONOR CODE VIOLA­ following aftirmation of truth: ''I certi fy TION.'' that thi s complaint is true to the best of my (f) Notation of "HONOR CODE VIOLA­ knowledge," or words to that effect. TION" on the student's transcript. (e) An initial complaint may be fil ed (g) Oral reprimand. with any current Honor Committee Member who shall forward the initial com­ (h) Any sancti on proposed by the Faculty or plaint to the Honor Committee Administration. Chairperson. 3.02 Notatio11s of Sa11ctio11 5.02 I11vestigatio11 In each case where a Defendant is found guilty, Upon receipt of an initial complaint the Honor the convicti on and sanction imposed will be Committee Chairperson appoints an investi gator noted in the student 's administrative file. and defense counsel. The defense counsel con­ Chapter 4: Honor Court Positions tacts accused student of the pending charges and Honor Code Guideline procedures. The investi ­ The Honor Code Court is made up of members gator completes the investigation and files a of the law school student body. The Honor Code report with the Honor Committee Chairperson Committee Chairperson is elected during the from which the decision to institute proceedings SBA elections. Seven other members are select­ is made. ed by the chairperson to serve as investi gators, Prosecution and Defense Counsel, and Clerk. Jurors are randoml y selected from the student Chapter 6: Post-Conviction Procedures body. The accused student has a right to request a rev iew of the proceedings by the Dean of the Chapter 5: Honor Court Proceedings law school. The accused student also has a right 5.01 l11itial Comphli11t to request a new tri al upon the discover of new (a) Any student who has reasonable ev idence. cause to believe that a student has violated a provision of this Code shall report the suspected violation in an initial complaint Judicial Code within 120 days of di scovery of the alleged The authority for establishing rul es and regul a­ violation. ti ons affecting student conduct at George Mason (b) Any faculty member or administra- University is provided for under Section 23- t e~ who has reasonable cause to believe 9.2:3 of the Code of Virginia that states that that a student has violated a provision of state institutions of hi gher education have the thi s Code should report such violation in authority " ... to establish rules and regulations an initial complaint witllin 120 days of for the acceptance of students, to establish rules discovery of the alleged violation. and regulations for the conduct of students while attending such institutions, and to establish (c) The initial complaint shall set forth the rules and regulatiom for the dismissal of stu­ facts upon which the complaint is based, including but not limited to: the date, time, dell/s who Jail to abide by such rules and regula­ tions." and place of the suspected violation; the conduct believed to constitute the viola­ ti on; the name of the person who commit­ The University Judicial Code is revised annu­ ted the act; and any witnesses who may ally during the summe r. A copy of the code is verify the facts. If any of the above infor­ avail abl e in the office of the Vice President for mati on is unknown to the complaint, the University Life, Mason Hall, Room 105D. compl aint shall describe those facts with all possible specifi cit y. (d) The compl aint shall write on the initial

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Student Affairs 21

Student Affairs

Student Services ri ence in a full range of federal courts and General agencies. state and local government offi ces and courts. and in private firms with diverse George Mason Universit y provides many sup­ practices. Through career program ming. port services designed to enhance the law resource materi als. and indivi dual discussion. school experience and enable students to ta ke the Office of Career Services assists students full advantage of the university's educational in evaluating career options. and personal enrichment opportunities.

The School of Law has acti ve membership in The Recorder and the Admissions Office are the National Association for Law Pl acement. located on the Second fl oor of the School of This organi zation provides further opportuni­ Law. The Recorder mai ntains the records of ties for regional and national recruitment and enrolled students and provides information ex posure. relating to schedules, registration, academic programs, readmission, and degree require­ For more informati on, call (703) 993-8020. ments. The Admissions Office retains the fil es of current appli cants and provides information concerning advanced standing for transfer stu­ Counseling Services dents. The Counseling Service's staff of professional coun selors helps students reach their academic. Career Services social , and personal goals. Counselors assist in making appropriate choices concerning edu­ The Oftice of Career Services provides assis­ cation and work, developing effective study tance to current students seeking part-time and skills. and managin g personal problems that summer employment . grad uating students interfere with learning. seeking permanent positi ons. and alumni . The office is a c learin ghouse for information on Services arc avail able at no charge to all uni ­ available positions. coordinates on-campus versit y students. interviews. and provides advice on resume preparation, interviewing techniques. and other Student s may visi t the offi ce on the Fairfax aspects of a successful employment search. Campus. located in Student Union I. Room 364. The Fairfax Campus offi ce hours are Alumni of the School of Law are members of Monday through Friday. 8:30 a.m. to 5 p.m .. the Bar in more than 40 jurisdictions. The and Tuesday, 8:30a.m. 10 8 p.m. Call (703) majority of graduates enter private practice. 993-2380 for information about or assistance Others serve in federal , state. and local govern ­ with mental health services, self-assessment, ment , or pursue careers in business, finance, multicultural programs. consultation. training. and industry. and referrals to other mental health practition­ ers. The School of Law·s location provides stu ­ dents an unparal leled opportunity to gain ex pe- Counseling Services is accredited by the

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22 Fellowship Programs

International Associati on of Counseling your demonstrated fin ancial need. If you have Services. All services to students are confi ­ questions, call (703) 993-2353 or write to the dential. and no informati on is released without following address: the student 's written conse nt. Office of Student Financial Aid Health Services George Mason Uni versity Law students may use Student Health Services MS 3B5 facilities on the Fairfax Campus. Students are Fairfax, VA 2230-4444 eligible to enroll in health insurance policies administered by the Law Student Di vision of the Ameri can Bar Association or under a mas­ Fellowship Programs ter uni versity policy. Law School Fellowship A small number of fellowship grants are Housing offered. These are awarded competitively to While there is no on-campus housing at both first-time and returning students. No GMUSL, housing opportunities (rooms. apart­ application is necessary. ments, and houses to rent) in the area are plen­ tiful. Students who do not pl an to bring a car The Robert A. Levy Fellowships may want specificall y to seek housing that is in Law & Liberty near a Metrorail station. Areas within close These fellowships were created through the commuting di stance include all of Arlington generosity of Dr. Robert A. Levy. a recent grad­ (particularly the Rosslyn, Clarendon, Court uate of the law school. Through this program, House. and Ballston neighborhoods) and parts Dr. Levy seeks to encourage young economists of Alexandria and Falls Church. to enter the academic fi eld of law and econom­ ics by sponsoring their pursuit of a J.D. degree. The most current, comprehensive inform ation Fellowship grants will cover tuition and fees on housing is available in Sunday issues of and provide a substantial stipend for up to three Th e Washington Post and The Wa shington years. To be eligible for a Levy Fell owship, an Times. Individuals with rooms, apartments. or applicant must either: ( I ) have eamed a Ph.D. houses to rent also post notices on the bulletin in Economics or Finance, or in a related tield, board outside the Law Library. from an accredited uni versity; or (2) have suc­ cessfull y completed all course work in one of Financial Aid the above fields and have passed the general George Mason University's Office of Student exam for a Ph.D. from an accredited university. Financi al Aid, located on the Fairfax Campus. Applicants eligible for this fellowship should provides many services to assist students in indicate their interest in a cover letter to be fin ancing their education. These services encl osed with the applicati on. include fin ancial coun seling, referral, and fin ancial assistance through loans. Senator Leroy S. Bendheim Scholarship George Mason uses information from the Free Named after the Virginia senator who Application for Federal Student Aid (FAFSA). bequeathed the funds, this award goes to the avail able at the Fairfax Campus and the Jaw most outstanding applicant with an academi c school after January l. You should complete background in economics, statistics, or this form and return it (in the envelope provid­ finance. No application is necessary. ed with the FAFSA) as soon as possible. The institution code for GMUSL is 003749. Law School Alumni Chapter The information from the FAFSA wi ll be used Scholarship to develop a fin ancial aid package based on This scholarship of up to $2.000 is awarded to a

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Student Affairs 23

returning day or evening student. The award is data regarding issues and retention of minority based on scholastic achi evement, extracurricu­ student s. Student Uni on I. Room 345. Fairfax lar involvement , contributions to the law school. campus. (703) 993-2700. professional goals, and fin ancial need. Applications are avail abl e in the spring. Disability Support Services Women's Law Association This office provides access to a wide range of Scholarship assistance to student s with di sabil ities. includ­ This is a need-based scholarship of up to $500 in g learning di sabilities. If you need special awarded to female students. Applicati ons are consideration in curriculum, assignments. or avail abl e at the beginning of the fa ll term. testing. you mu st provide appropri ate docu­ mentation of your disability. and you should Howard Fellowships forward it to thi s offi ce. If you are planning This program all ows students to gain experi ­ on attending an event at George Mason and are ence working in the offi ce of the Alexandria in need of special arrangements (e.g .. sign-lan­ public defender. The fellowships pay work­ guage interpreter, braill e menu s). please advise study wages. Applications are avail able at the the department th at is sponsorin g the event so beginning of each term. that they may make arrange ments in advance. Student Uni on I, Room 234. 993-2474. Grant from Interest on Lawyers' Trust Accounts Veterans Services This merit-based award of up to $2.000 is The Veterans Services di vision in the Office of offered to students interested in public interest the Registrar assists eli gible veterans. service law. Applications are avail able in the spring. personnel, dependents. and Reserve or Nati onal Guard students in processing their Questi ons regarding these programs should be claims for educati onal benefit s. For additi onal addressed to the Admissions Office. (703) 993- veterans inform ati on visit thei r Web site at 8007. http://registrar.gmu .edu/vets. Enterpri se Hall. Room 41 8. (703) 993-2448. Office hours are Minority Student Affairs Mond ay-Friday, 9 a. m. to 5 p.m. George Mason Uni versity's Offi ce of Minority Student Affairs is charged with the responsibil ­ Virginia War Orphans ity of assisting academic and nonacademi c Education Program units with increasing participati on and reten­ The Virginia War Orphans Program provides ti on of minorit y students (African Ameri cans. educati onal assistance to children of qualified Asians, Hi spani cs. and Nati ve Ameri cans). It veterans. To be eli gible. an applicant must assists and adv ises other uni versity offi ces in meet the fo ll owin g requirements: initiating. developing. and implementing pro­ grams to enhance the matricul ati on of minority I. The applicant must be between the ages of students. The offi ce participates in an ongoing 16 and 25 . evaluati on and assessment of the im pact of 2. The applicant's parent must have served in uni versity policies and procedures on minorit y the armed forces of the United States and students. Minority programs initiati ves are mu st: (a) be totall y di sabled due to an injury designed to stimulate multicultural (rac ial/eth­ or disease incurred in a time of arn1ed con­ nic) understanding and to create an educational fli ct: or (b) have di ed a a result of injury or atmosphere where minority student s are suc­ disease incurred in a time of armed confl ict: cessful. The director for Minorit y Student or (c) be li sted as a pri soner of war or mi ss­ Affairs acts as a catalyst fo r university admin­ in g in ac tion. istrators· efforts in monit oring and reporting 3. The applicant 's parent must have been a

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24 Student Organizati ons

resident of the commonwealth of Virgini a at Association for Public Interest Law the time of entry into active mil itary duty, or The Associati on for Public Interest Law mu st have been a resident of the state fo r at (APIL) was established to promote public least I 0 consecutive years immedi ately prior interest law activities at GMUS L. APIL is a to the date of application. member of the National Association for Public 4. The applicant must prov ide written verifi ca­ Interest Law, a national coalition of law stu ­ tion of acceptance as a student in a state­ dent organizations devoted to creating and pro­ supported, postsecondary school. moting legal projects serving the needs of the under-represented. APIL's primary objective is Eligible indiv iduals are entitled to a max imum to fund summer fe ll owships for law students of 48 months of tuition-free education at a state­ who choose to accept unpaid positions in the supported educational institution. For more publ ic interest field. APIL also organizes information contact the Office of Veterans panel di scussions to increase awareness of Services. issues that concern the under-represented in our communities.

Student Organizations Black Law Students Association The Bl ack Law Students Associati on (BLSA) American Bar Association/Law is a member of the Nati onal Black Law Student Division (ABA/LSD) Students Association (NBLSA), a national The Law Student Division is the largest pro­ organization of African and African-American fessional student organi zation in the nation. law students. NBLSA stri ves to arti cul ate and Members may participate in ABA-sponsored promote the professional needs and goals of acti vities such as appell ate advocacy and client bl ac k law students; foster and encourage pro­ counseling seminars. The GMUSL chapter fess ional competence; and instill in black has promoted food and cl othing dri ves and attorneys and law students a greater awareness other community service acti vities. Benefi ts and commitment to the needs of the bl ack available to members include a health insur­ community. The local chapter works to pro­ ance plan and subscriptions to The Student vide a solid academic and social support sys­ Lawyer and The ABA Journal. tem fo r its members. BLSA also sponsors many community service acti vities, including American Inn of Court the Adopt-A-School program, voter registra­ The George Mason American Inn of Court is a tion programs, blood drives. and law cl inics. participating Inn of the Ameri can Inns of Court Foundation. The American Inns of Christian Legal Society Court represent an adaptati on of the English The George Mason Chri stian Legal Society is Inns of Court. Each American Inn of Court a chapter of a nationwide professional mem­ has a max imum of 65 members, which include bership organi zation of more than 4,500 judges (both federal and state), practitioners, Christian attorneys, judges, law students, and one or two law professors, and student s. As in law professors. The organizati on seeks to fos­ the Inns of the Engli sh system, the students in ter and mobilize a network of lawyers and law the American Inn interact in a dinner setting students committed to advocating justice and wi th more experienced advocates. At each reli gious freedom through loving and serving dinner, a team of students and professionals Jesus Chri st. The Christi an Lega.l Society reg­ presents some aspect of a tri al. Discussion and ul arl y sponsors speakers programs at the law critique fo llow Lh e presentation. Through this school. Guest speakers have included Dr. interacti on, the Inn of Court seeks to enhance Russell Kirk and Father Robert A. Sirico. directly the ethical and professional qu ality of legal advocacy in America.

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Student Affairs 25

Civil Rights Law Journal of environmental law. The organi zation spon­ The Civil Rights La w .lou m al is a student-edit­ sors an annual career panel discussion and ed law journal providing a forum for address­ assists students in locating summer jobs and ing the legal issues related to civil ri ght s and internships. The Environment al Law Society civil liberties. Issues covered by the Journal enters a team in a nati onal environmental moot include desegregation. affirmati ve ac tion. court contest and participates in a nati onal poli ce abuse, and the organi zati on and coun sel­ environmental essay contest. It takes an acti ve ing of small businesses. The .louma/"s role in improvin g the quality of the local envi­ Editori al Board selects members from among ronment through acti vities such as cleaning up participants in write-on competitions held in streams and lakes in the area and partic ipating the fa ll and spring of each year. Candidate in the Adopt-a-Hi ghway program. members are required to complete a topical casenote of publishable quality in order to The Federalist Society ac hieve full membership status. for Law and Public Policy The Federali st Society is a group of students Criminal Law Association dedi cated to the principles that the state ex ists The Criminal Law Associati on is an organi za­ to preserve freedom. th at the separati on of gov­ ti on designed to promote awareness of career ernmental powers is central to the Constitution, opportunities in the fi eld o f criminal law. Open and that it is the province and duty of the judi­ to students in all programs, the Criminal Law ciary to say what the law is. not what it should Associati on is specificall y designed to aid stu­ be. The society seeks both to promote an dents interested in pursuing a career in crimi ­ awareness of these principles and fu rther thei r nal law. The organizati on gives students the application through its acti vities. opportunity to explore interests and interact with professionals in the field through ac ti vi­ Gay and Lesbian Student ti es such as speakers programs. tours of local Association law enforcement establishments, and mentor­ The Gay and Lesbi an Student Associati on ing programs. offers a combinati on of social events and inter­ personal and academi c support for gay. lesbi an. The Docket and bi sex ual students at the School of Law. As Th e Docket is the George Mason Universit y well as providing a support group for its mem­ School of Law's student -operated newspaper. ber student s. the group offers educati on a I out ­ Published bi -weekl y. The Docket covers events reach to the entire student body. occurring within the law school and the local professional community. The Docket also George Mason University reports on career opportunities, student organi ­ Law Review zati ons. and Student Bar Associati on ac ti vities. The George Mason Unh ·e rsity La11 · Revie11· The newspaper stimulates discussion on rele­ consists of work produced by George Mason vant topi cs through it s editori als. letters to the students. thus offerin g students the opportunity editor. and columns. Staff membership is open to publish artic les that are more am bit ious than to any GMUSL student. the traditional casenotes or comment s usuall y published in law rev iews. Environmental Law Society The Environmental Law Society is dedicated to Honor Committee raising environmental awareness at the law The Honor Committee functi ons as a student ­ school and prov id ing a di verse range of oppor­ run adjudicatory body to hand le all complaints tunities for students interested in environmental of violations of the Honor Code. Members issues. Each year the society brings speakers perform investi gati ons of complaints. represent to George Mason to discuss deve loping areas both si des (prosec uti on and defense) in the

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26 Student Organizations proceeding. and judge cases. Committee petition, a personal interview, and a short members also recommend to the Student Bar application/essay. Association any changes to the Honor Code it deems necessary. Phi Alpha Delta Law Fraternity International Intellectual Property Law Society Phi Alpha Delta is a professional association The Intellectual Property Law Society pro­ of undergraduate students, law students, legal motes the study of intellectual property law at educators, attorneys, and judges. Phi Alpha the School of Law. Conferences, seminars, Delta seeks to promote professional compe­ and speakers programs allow members to tence, provide services to students and the explore issues related to intellectual property community, and to achieve within the legal law and career opportunities within the field. profession. The George Mason Chapter has sponsored a used Jaw-book store, a silent auc­ International Law Society tion, canned food drives to benefit Arlington The international Law Society is an organiza­ Food Assistance Center, and Toys-for-Tots col­ tion dedicated to promoting the examination lection. Phi Alpha Delta also participates in of issues concerning public and private inter­ annual Congressional-Judicial receptions on national law through sponsorship of a speaker Capitol Hill, tours of the Supreme Court, and program and through student participation in a partnership with a local high school that pro­ conferences and seminars. The society also vides an opportunity for Jaw students to inter­ provides opportunities for students to explore act with high-school classes through presenta­ career and employment possibilities within the tion of Jesson plans, lectures, and mock trials. field. Each year, the society fields a team to participate in the Philip C. Jessup International Phi Delta Phi (Lewis F. Powell Inn) Law Moot Court Competition. All interested Phi Delta Phi was formed on December I 3, students are invited for membership. I 869, with the intention of promoting the ethics of the legal profession. Phi Delta Phi is The Law and Economics Society the nation's oldest professional fraternity. The Law and Economics Society is dedicated Camaraderie, good fellowship, and a promo­ to studying whether and how economics can tion of the highest standards of professional assist in improving society by analyzing the and personal ethics and performance are its uses and abuses resulting from the application fundamental elements. Phi Delta Phi offers of microeconomics to the study of law. scholarships, student loans, and other benefits to its members. The Phi Delta Phi Con­ Moot Court Board stitution provides that a potential member The Moot Court Board comprises second-, must have attended Jaw school for at least one third-, and fourth-year students and provides semester and is in good academic standing. students with an opportunity to develop skills The GMUSL Lewis F. PoweU Inn requires that in oral and written advocacy. The board is members attain a 2.5 GPA. Phi Delta Phi responsible for organizing and running all in­ activities include a fall and spring rush, several school moot court competitions, including social events, professional events (speakers), Legal Research. Writing. and Analysis H; and service projects. The motto of the frater­ Client Counseling; UpperCiass; and Law and nity, as symbolized in the Greek words "Phi Economics. (n addition, the board selects and Delta Phi," is "Friends of Justice and Truth." prepares teams for extramural competitions, including the National Moot Court Com­ Sports, Entertainment, petition. Members are chosen based on their and Art Law Society individual oral score from the first round of the The Sports. Entertainment, and Art Law Legal Research, Writing, and Analysis II com- Society (SEALS) is dedicated to providing a

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Student Affai rs 27 forum fo r students interested in practi cing law held by Toastmasters Intern ational in the in the area of sports. entertai nment. and art. Was hington, D. C.. area. Copyright law. intellectual propert y law, con­ tract law, and communications law are of par­ Women's Law Association ti cul ar relevance. SEALS' acti vities include The Women's Law Association recogni zes the writing and editing articles for Portfolio (a common needs. interests. and problems of newsletter published by the Washington Area women law students and members of the legal Lawyers fo r the Arts). competing in the annual profession. The association spon .. ors a scholar­ Sports Law Moot Court Competiti on at Tul ane ship of up to $500 fo r fe male law students who Uni versi ty. arranging guest speakers to di scuss have a demonstrated fi nancial need. The orga­ topical issues. and providing studellls with nizati on also sponsors career panels and lec­ in fo nnation regarding job networki ng. tures that foc us on women's issues in the legal community. Service projects incl ude annual Supreme Court Economic Review clothi ng and food drives and the Toys- for-Tots The Supreme Court Economic Review is a campaign. Membership is open 10 all GMUSL peer-reviewed. facult y-edited journal th at fea­ studems. tures economic analysis by prominent acade­ mics of recent Supreme Court decisions. Membership is avail able in two ways. Each fa ll the best students in the ri sing second year class are invited to become candidate mem­ bers. Upon completing a paper of publ ishable quality. candidate members are awarded full membership. The other way to become a mem­ ber is to have a paper published. Submissions from all students are accepted.

Thomas More Society The Thomas More Society is an educational and fraternal organi zation of law students at George Mason Uni versity School of Law whose purpose is to foster an awareness of the contribution of Roman Catholicism to ques­ tions of law and legal ethics. Membe rship is not limited to Roman Catholics; any student with an interest in 2,000 years of Catholic reflection and teaching on law, legal ethi cs. political philosoph y. and other related topics is welcome.

Toastmasters International The Advocates is the GMUS L chapter of Toastmasters Internati onal. The goal of the club is to improve the public speaking and leadership skill s of its members. Meetings consist of presentations by members, impromptu talks, and critical evalu ation of speakin g styles. The Advocates part ici pate in both moot court competitions and competitions

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

28 Tuition and Fees Thition and Fees

General Provisions After the first week of class, payments mu st be When students request registration, they accept mailed or taken to the Cashier's Office at the responsibility for pay ing tuition and fees for Fairfax Campus. the entire semester. At Fairfax Campus: Cash Office or drop box, In accordance with deadlines established by Student Union I, Room 103, (703) 993-2496; the academic calendar and periodic memoran­ Mail Stop: MS 2E I . da, tuiti on and fees for each semester are due Mon.-Fri. 9 a.m. to 4:30p.m. and must be paid in full on or before the first day of the semester. Students failing to settle By U.S. Mail: Cash Office, Student Union I, accounts on or before the first day of each Room 103, George Mason University, Fairfax, semester will incur late fees. VA 22030-4444

Tuition Charges (subject to change) How: Cash: AI Fairfax Campus Cash Office window Tuition and Fees 1997-98 onl y. In-State Out-of-State Full-time* $7,448.00 $ 17,990.00 Check: Payable to George Mason University. Part-time** 266.00 642.50 Studen t identificati on number (SSN) mu st be written on front of check. Third party checks *per academic year ( 12- 16 credi t hours/semester) are not accepted. **per semester hour Credit Card: (Subj ect to credit approval) Related Fees MasterCard or Visa. Expiration date, card­ Application Fee $35.00 holder signature, daytime phone number, and Late Payment Fee up to50.00 student identification number (SSN) mu st be Returned Check Fee 25.00 provided. Written authorizati ons may be Nonpayment Cancell a1i on Fee 25.00 mailed, hand-delivered, or faxed (703/993- 2496) to the Cash Office. Credit card pay­ Payment Methods ments may also be made by selecting menu opti on 4 when calling 993-4GMU. Note: Payment must be received by the due date. Postmark will not be considered. Deferred Payment P/Qn: A semester payment plan is available to students who need to bud­ Where: get a minimum of six credit hours. A payment At Arlingto11 Campus: Temporary Cashier's contract must be submitted to the Cash Office Office, on the fi rst day of the semester only. with a down payment (one-half of the contract After the first day of the semester but during amount plus fee). The contract fee is $25 and the first week, students may drop payment is nonrefundable. through the mail slot at the Recorder's Office.

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Tuition and Fees 29

The deferred balance due mu st be received on versity may result in the delinquent account or before the due date stated on the contract. A bein g placed with a col lecti on agency. wi th ­ $25 fee is assessed by George Mason holding of money from tax retums. and other University on all late payments. coll ection procedures. Student s are responsi­ ble for costs incurred by the uni ve rsit y in col­ Alternative Payme11t Methods: Students pay­ lecting thei r delinquen t account s. ing by student loans, empl oyer arrangements. or any other alternative method are reminded that they wi ll be subject to the finan cial penal­ Refund/Liabilities Policies ties listed below if full payment is not made by When a student withdraws from sc hool or the payment due date. reduces hi s/her course load. calculation of a tuition refund or tuition li ability is based on the date on which written notificati on from the Financial Penalties student is received by the Recorder's Office. Late Fee In no case does nonpayment of tuiti on and/or Fai lure to make any payment on or before the nonattendance reli eve the student of tuition li a­ due date result s in the late fee of up to $50. bility or se rve as noti ce of wi thdrawa l. Assessed penalries and rh e incoming srude111 Returned Check Fee sem deposir are nonrefundable. A check returned by the bank means the stu ­ dent has an unpaid account. In addition to the Tuition Refund/Liability Scale balance due. a $25 returned check fee and a Rerund Liability $25 late fee will be added. The total due must Fall and Spri11g Semesters be paid within 10 days or the student wi ll be During the first week 1009r O'lc placed on financial suspensi on. of the semester During the second week 67 % 33% Nonpayment Cancellation Fee of the semester Students who are canceled from classes for During the third week 33'7r 67 9r nonpayment are assessed a $25 ca ncell ation of the se mester fee. This fee is not removed if the student re­ Aft er the third week 0% I 00% registers and is due in add iti on to all other of the semester charges. Summer Term Financial Suspension During the first week IOO C!,· Oo/c All academic services are withhe ld for stu ­ of the term dents who are not in good financial standing Aft er the first week 100'7r with the uni versit y. This means that no tran ­ of the term sc ript s of record are issued. no diplomas are released. and no regi strations are permitt..:d until outstanding obligations have been paid in full. Outstanding ob li gations inc lu de. wi th ou t limitation. fin es owed for traffic and parkin ~; violations and to librari es of in stitutions and participating public libraries of the Con-:ortium for Continuing Hi gher Ed ucati on in Northem Virginia .

Collection of Accounts Failure to meet fin anci al obligati on-, to the uni -

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

30 Academic Provisions Academic Provisions

Matriculation program in which the student is matriculated, Classification and the successive registration for each fall and spring semester of each academic year until A student matriculates either as a full-time stu­ study is completed. Students must attain a mini­ dent or as a part-time student. All full-time stu­ mum quality of work to continue matriculation. dents are matriculants in the Day Division but may take courses in the Evening Division (with the exception of Legal Research and Writing) if Leaves of Absence space is available. A fuU-time student devotes Matriculation is canceled if a student fails to substantially the whole of his or her working complete the work of a semester or fails to regis­ time to law study and may not be employed in ter for a subsequent fall or spring semester, excess of 20 hours per week in paid employment unless the student has registered and been grant­ during the academic year. ed a leave of absence.

All part-time students are matriculated in the Leaves are granted only for unexpected hard­ Evening Division; however, if seats are avail­ ship, or because of circumstances indicating that able, part-time students may take courses offered the best academic welfare of the student will be in the Day Division. Seats normally are not served by the leave. Leaves are granted only to available in the Day Division for part-time stu­ those performing at acceptable levels of academ­ dents in their first year and for certain advanced ic performance. Failure to comply with the courses. Evening Division students are expected terms under which the leave of absence is grant­ to be available for classes on any of the five ed will result in the cancellation of matricula­ evenings of a normal working week. tion. To apply for a leave of absence, please contact the Recorder's Office. A student may change from part time to full time, or from full time to part time. at periods Registration that permit programs to be arranged in accor­ dance with sound educational practices. It is not The registration period for each term is specified practical to change status from part-time to full­ in the academic calendar. Enrollment is not time until the completion of the first academic complete until the Cashier's Office has certified year. Changes are not permitted for only one or that appropriate arrangements have been made to two terms except for good cause and when the settle the student's account, and the Recorder changes can be accomplished within sound edu­ has ce.rtified that the student has completed all cational practices. Any change of status requires registration requirements. Students may approval by the associate dean and must be add/drop courses using the telephone registration requested during the semester prior to the system until the end of the first week of the term semester for which the change is sought. and can change a course from "credit" to "audit" at the Recorder's Office. Maintenance of Matriculation Maintenance of matriculation requires regular Academic Credit class preparation and attendance, registration in Unit of Credit the course of study required for the status and The unit for measurement of academic credit

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Academic Provisions 31

is the credit hour, which is equivalent to a for grades of CR. No academic credit is semester hour. One credit hour is awarded for awarded for work receiving F or NC. the successful completion of a course that meets one hour per week for a semester of the Upon withdrawal from a course, approved in regular academic year. Successful completion writing by the associate dean, W is made the includes all registration procedures, punctual final academic disposition in lieu of a grade. and regular preparation for and attendance of scheduled class sessions, and earning a passing Academic Averages grade for the work completed. A student's cumulative average is calculated by dividing the total number of quality points Grades earned by the total number of quality hours Grade points are awarded as follows: (credit hours for which grades of A through F A=4.0 have been given). Although the cred.it hours B+ = 3.5 for courses in which the student re.ceive,s B =3.0 grades of CR or NC are omitted in calculating C+ = 2.5 the academic average, the credit hours for C=2.0 which the grade of CR is earned are counted D+ = 1.5 toward the minimum number of credit hours D = 1.0 required for the degree. F=O.O CR (Credit) = 0.0 A separate writing GPA will be calculated for NC (No Credit) = 0.0 each student matriculating after August I, In (Incomplete)= 0.0 1992. and shall include grades received in W (Withdrawal) = 0.0 Legal Research, Writing, and Analysis; semi­ Au (Audit) = 0.0 nars; track theses; and any other course desig­ nated by the faculty. Upon completion of a course, matriculated stu­ dents are graded on the A through F scale or End-of-term cumulative averages reflect only CR and NC scale. All courses are graded A the work completed by the end of the given through F unless academic regulations or the term. (Some may be in progress and some faculty designate otherwise. A grade of CR incomplete.) The Recorder uses these c.umula­ indicates work equivalent to C or better on the tive averages to update class rank for all stu­ A-F scale. dents at the end of each fall and spring semes­ ter. Final class rank for the graduating class is lf a matriculated student fails to complete calculated after the July graduation. assigned work on schedule, including the final examination, the grade a~signed will determine Residence Credits whether or not the student may later complete In order to satisfy American Bar Association the missed work. If permission ha~ been and state bar requirements, all law students granted to complete the missed work, the tem­ must satisfy a "residence" requirement. porary notation "In" is entered in lieu of a "Residence" refers to the amount of time spent grade and will be replaced by the appropriate in school engaging in the study of law. ABA grade upon completion of that work. If per­ Standard 305 states, "A full-time student, to mission is not granted to complete the late .ratisfy residence study requirements. shall work, the student will receive For NC, devote substamially all working hours to the whichever is applicable. study of law, and shall not engage in remuner­ ative employment for more than twenty (20) All grades on the letter scale except F are pass­ hours per week, whether outside or imide the ing, and credit is earned for the work complet­ law school." ed with such grades. Credit is also awarded

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32 Graduation Requirements

Residence credit at GMUSL is measured in the Recorder to determine how residence units terms of residence units, and all students need will be awarded. a minimum of 36 residence units to graduate. The units are awarded based on status (full­ time or part-time) and the number of hours Graduation Requirements successfully completed each term. Courses Faculty may elect to candidacy for the degree and activities (e.g., independent study and of juris doctor only those students who meet externships) that do not have a classroom com­ all of the requirements specified below. ponent do not qualify for residence credit Except as otherwise stated by Academic Reg­ when taken alone. They do, however, con­ ulations, full-time students must perform these tribute to residence credit when taken with at requirements in 3 years and part-time students least one other class. Decimals in residence must perform them in 4 academic years. units cannot be rounded. The following requirements must be met: Full-time students must attend for a minimum of three years (six regular semesters) in order I. Satisfactory completion of no less than 90 to satisfy the residence requirement. Part-time credit hours for General Program students, students can satisfy the residence requirement 90 credit hours for Intellectual Property Law in three and one-half years if they attend sum­ Track students, 90 credit hours for mer term for three summers and take enough Corporate and Securities Law Track and credits each summer to earn residence units, Regulatory Law Track students, 90 credit which when combined will be equal to or hours for International Business students, greater than the 4.5 residence units they nor­ and 90 credit hours for Litigation Law Track mally earn in a semester. students. Of the credit hours required, not more than four shall be earned through Law The tables below provide information on the Review, Moot Court, supervised externship, award of residence units. independent study, or other activities deemed to be "out-of-classroom." Regu/Qr Semester 2. Completion of all required courses. Full-time status ( 12-16 hours) - earns 6 resi­ 3. Presentation of no less than 36 residence dence units per semester units. Part-time status (8-12 hours) - earns 4.5 resi­ 4. A cumulative grade point average of at least dence units per semester 2.0 for all work graded on the A through F scale. Summer Term 5. Completion of academic work within five 4 or more credits - earn 2.15 residence units years of the matriculation date. per term 3 credits - earn 1.6 residence units per term 6. Filing of a graduation application. 2 credits - earn 1.05 residence units per term 7. Settlement of the student's financial account with the Oftice of Student Accounts. Full-time students taking 10 or II hours under the one.-time, light-load provision will be awarded fuiJ-time residence units for that term Instruction provided they retain full-time status and pay Class Attendance full -time tuition. Part-time students do not Regular and punctual class preparation and receive additional residence units for taking attendance are required to earn academic cred­ more than 12 hours in a term. Part-time stu­ it. If a student is absent more than two clock dents who have permission to take less than hours of classes schedu.led for each credit hour eight hours in a regular term should speak with assigned to the course, the student has not sat-

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Academi c Provisions 33 isfactorily completed the work of the course, The School of Law is required to keep all and no credit can be awarded unless the reason examinati on papers: therefore . none can be for the absence is beyond the control of the returned to examinees on a permanent basis. student. If absences for good reason exceed Student s may review thei r examinations after 20 percent of the scheduled sessions of a grades are posted. but fac ult y will not di scuss course. the student is not eli gible for credit. individual examinati ons wi th students until all grades fo r all student s have been posted. In cases that appear to the instructor to have Students who wish to review their examin a­ merit. that instructor may permit the substitu­ tions may do so by contacting a fac ult y secre­ ti on of work equi va lent to class attend ance if tary. Faculty will be avai lable for reasonable the work is designed to achieve approximately periods. after all grades are posted. to discuss the same purposes as class auendance. In no exam performance with students. event is the alternative of equi va lent work a matter of right: permitting substitution is sole­ Course loads ly at the di screti on of the instructor. o A student enrolled in any program shall regis­ in structor is compelled to permit it. Attend­ ter and maintain registration in the courses and ance credit for substituted work cannot exceed the number of credit -hours required by that I 0 percent of scheduled c lass sessions. program for the given term . Typi cal program profiles of course and credit hour requirements Examinations for each semester of the track programs and All examinati ons are graded anonymously. program profil es of the first four semester · of Each semester students are issued a randomly the General program are found el sewhere in assigned number th at is to be used on each of this catalog. the student 's exams. Examinations must be taken at the time and place noteu on the exam­ Students enrolled in the full ·time Day Division in ation scheuule. normall y carry between 13 and 16 credit hours Permission to reschedul e an examinati on is per semester over six regular semesters. granteu onl y for the following reasons: (a) ill ­ ness of or injury to the student. att esteu by a The minimum load to mai ntain fu ll -time s tatu ~ physician's certificate that states that the stu ­ is 12 hours. and the maximum is 16 hours. uent was physicall y unable to si t for the exam­ However. full -time students may take a one­ ination: (b) attendance at the funeral of a time li ght load of a> low as I 0 credit hours spouse, child. parent. grandparent. or sibling; during a semester and ' till mai ntain fu ll -time (c) court attendance required by legal process: statu s. Students who are granted pem1ission to or (d) direct time conflicts between multi ple exceed the 16-hour maximum arc charged exams; (e) other extraordinary circumstances additional tuition for each ex tra hour. as determined by the associate dean. St udent s enro ll ed in the part-Lime Evening Requests to reschedule an examinati on must be Division normall y carry between I 0 and 12 presented by petition no later than two weeks creuit hour per semester over eight regular before the date of the examination. except in semesters. The mi ni mum load to maintain emergencies. Petition forms arc available at part-time status is eight hours. and the maxi ­ the Records Office and completed petitions mum is 12 hours. Students taki ng less than I I should be submitted to the Records O ffi ce. A ll hours per semester wil l need to enroll in sum­ make-up exam s are scheduled during the exam mer courses to graduate at the end of four make-up day(s) at the end of the exam period. years. Part-time students may be granted per­ A student who is absent from an examinati on mission to take in execs> of 12 hours. but they witho ut permission from the associate dean must maintain part-time status anu no addi­ wi ll be given a fa iling grade. ti onal re sidence units arc awarded.

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34 Academic Performance

In ge neral, permission to take li ghter or heav­ elusion of a specified term, and other con­ ier course loads is granted onl y for good cause ditions appropriate to the student 's circum­ and to funher desirable academic objecti ves. stances. In the fin al semester of stud y, howeve r. stu­ 2. The academic program shall be approved dent s are required to take onl y the number of under directi on of the associate dean so long hours necessary to complete cred it hours and as the student remain s on academic proba­ residence units required for the deg ree. ti on. 3. The conditions shall include, in all cases, that a student obtain a cumulati ve average Academic Performance of not less than 2.0 by the end of the nex t Minimum Academic Performance academi c year. and Re-admission 4. The student may not panicipate in any Minimum academic perform ance is judged extracurricular or co-curricul ar activity, with onl y at the end of the spring se mester. If. at the exception of si mpl e membership in fra ­ the end of any year of stud y, a mat ri cu lant's ternal organ iza tions (no offi ce holding). cumulative grade point average is less than 2.0, the student is ineligible to continue and When a student is re-admitted on academi c shall have ''Academically ineli gibl e to contin­ probation , compliance with the conditions of ue'' noted on the tran sc ript. The student shall probation shall entitle the student to continue not again be matri culated unless he/she is re­ in matriculation. Fai lu re to meet the condi ­ admitted under the academic regu lati ons in tions shall result in cancell ati on of matricul a­ force at the time. ti on and di smi ssal for academi c reasons. A student once re-admitted shall not be re-admit­ Students hav ing a cumul ati ve average below ted by the associate dean a second time. Only 2.0 at tl1 e end of the spring se mester of their the full fac ulty can readmit such a student. first year may be re-admitted by the associate The facu lty considers such petitions onl y when dean. Re-admi ss ion is not the rul e: a written the Academic Standin g Committee has found submi ss ion of good ca use is required for re­ ex traordinary circumstances and recommends admission considerati on. that they do so. If a student , other th an one who has been on probation and met the terms of probati on. at Other Grounds for the end of the second year or any subsequent Cancellation of Matriculation year has a cumul ative average of less than 2.0, Matriculation may be canceled on nonacadem­ such student shall not be re-admitted except by ic grounds such as seri ous mi sconduct, demon­ the associate dean upon a written submi ssion strated inability or unwillingness to engage of extraordinary circumstances. Re-ad mi ssion se riously in law stud y, and vario us seri ous is not automatic. Any student re-ad mitted or infractions of administrati ve regul ati ons. continued in matriculation whose cumulative average is less than 2.0 shall be continued only on academi c probation. Academic probation includes each of the foll ow ing:

I. Condit ions may be imposed and these conditi ons may include a change in statu s (as to full time or pan time), correc ti ve ed u­ cational work, leave of abse nce. repeat of a course or courses. reexamin ati on, obtaining a specified grade point ave rage by the con-

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Curriculum 35

Curriculum

Standard Provisions Secoad Yellr-Fall The curri culum prov ides all stude nts with a Legal Research, Writin g. and Analys is Ill sound legal edu cation emphas izing develop­ Constitutional Law ment of skill s in legal writing and analys is. Total General Law Program Secoad Year-Spriag Most first-year courses in the full -time pro­ Lega l Research. gram and first- and second-year courses in the Writing. and Analys is IV I Ad min istrative Law _l part-time program are required. as are a few 4 upper-class courses. in cl uding Professional Total Responsibility and two semin ars or one se mi ­ General Law Program nar plus one additional writing course desig­ Evening Division nated by a (W ) in the course title. First Year-Fall The balance of the curri culum compri ses elec­ Legal Research. ti ve courses. whi ch prov ide stude nts with a Wri tin g. and Analys is I I basic knowledge of vari ous areas of legal prac­ Contracts I 3 ti ce and depth in se lected areas in whi ch the Pro pert y I 3 students mi ght wa nt to pursue int ensive study. Civil Proced ure I .....:! Total II General Law Program Day Division First Year-Spriag Legal Research. First Year-Fall Writing. and Analys is II I Legal Research. Contrac ts II 3 Writing. and Anal ys is I I Propert y II 2 Contrac ts I 3 Legal and Economi c Methods I 4 Propert y I 3 Cil' il Procedure II ___]_ Civ il Procedure I 4 Total .12 Torts _j Second Year-Fall Total 15 Legal Research. Writing, and Analy'i' Ill First Year-Spriag Torts 4 Legal Research. Constitut ional Law _.'! Writing, and Analys is II Total 9 Contracts II 3 Legal and Ewnomic Methods I 4 Second Year-Spring Civil Procedure II 2 Legal Resea rch. Propert y II 2 Writin g. and Analys is IV Criminal Law _.3_ Crimin al Law Total 15 Admi nistrati ve Law

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36 Curriculum

Total 7 and Trademark Office Practice (2}, Patent Application Writing (W) (2). Patent Infringement Profe ssional Responsibility (2); two 400-level Damages ( I), Patent Infringement Law ( I). Patent seminars or one 400-level seminar and one addi­ Interference Law and Practice ( I), Patent Law (2), tional writing course, designated by a \W) in the Perspectives on the Individual, Family. and Social Institutions (W) (2), Perspectives on Regulatory course title; and additional elective course work, Law (2), Product Li ability (W) (2), Proof (2), bringing the total completed to 90 credit hours, Public Choice and Public Law (W) (2 or 3), are also required for graduation. Readings in Legal Thought Seminar (2), Real Estate Electives Include: Titles fo ll owed by a (W) indicate Finance and Development (2), Regulated Industri es courses that sati sfy the writing requirement. (2), Regulation of Food and Drugs (2}, Remedies (3), Secured Finance and Insolvency (3), Securities Admiralty and Maritime Law (3). Advanced Law and Regul ati on (3), Supervised Externship (3 Administrative Law Seminar (3), Advanced or 4), Tax Procedure (2). Theory of Organizations Constitutional Law Seminar: Takings (2), (W) (2), Trade Secrets Law ( I). Trademark Law (3 ), Advanced Constitutional Law: First Amendment Trial Advocacy (2), Tri al Evidence ( I), Trusts and (W) (2), Ad vanced Criminal Procedure (2), Estates (3), Unfair Trade Practi ces (3), Advanced Trial Advocacy (2), Alternative Dispute Unincorporated Businesses (W) (2), Virginia Resolution (W) (2), Appellate Prac ti ce (2), Banking Practice (3). Virgini a Remed ies (3), Welfare Law Law and Regulation (3), Bankruptcy (3), Business and Policy Seminar (2). Associations (4). Chemical and Biotechnology Patent Prac ti ce (2), Commercial Paper (3), Total Hours: 90 Commercial Transacti ons (3), Communications Law (3). Comparative Law (W) (2), Comparative Corporate and Securities Law Track Corporate Governance (2), Complex Transactions The Corporate and Securities Law Track is Se min ar (2). Conflict of Laws (3), Copyri ght Law designed to give students specialized prepara­ (3). Corporate Acquisitions (W) (2), Corporate Tax (3), Discriminati on in Employment (W) (3), ti on for practice in law ftrrns and in-ho use cor­ Domestic Relati ons (3). Electrical and Mechanical porate counsel offices in fi elds related to cor­ Patent Practice (2), Environmental Regul ati on I (3), porate finance and fin anc ial markets. There is Environmental Regul ation II (2), Estate and Gift no compromise in the training necessary to Taxatio n (3), Estate Planning (3). European Union become a well-rounded lawyer. Approximately Law (W) (2), Evidence and Trial Procedure (3), two-thirds of the course work of the track is Federal Budget Law (2), Federal Courts (3\, outside corporate and securities law, thereby FinanciaJ Theory (3), Government Contracts (3). e nsuring stude nts substantial breadth in their Health Law and Poli cy (2), Income Tax (4), professional training. Insurance Law (W) (2), Internati onal Business Economics and Law (W) (2), Int'l. Commercial Day Division Transactions (2), Int 'l Dispute Resolution (2). lnt'l Economic Development Seminar (2). lnt 'l First Year-Fall EnvironmentaJ Law Seminar (3), Intern ati onal Legal Research, Finance (2), Intern ati onal Law (W) (3). Int ' l. Writing, and Analysis I I Protecti on of Intell ectual Property (2). Int ' l. Trade Contracts I 3 Law and Regul ati on (3). lnt' l. Trade Law Seminar Property I 3 (2), Jurisprudence (W) (2), Labor Law (3), Land C ivil Procedure I 4 Use Planning (3), Law and Economics of Torts _1 Information and Privacy Seminar (2), Law of Electronic Commerce (W) (2). Legal and Economic Total 15 Theory of Intellectual Property (W) (2). Legal First Year-Spring Hi story Seminar (2), Legislati on (W) (2), Letter of Credit Law (W) (2), Litigation and Dispute Legal Research, Resolution Theory (3), Local Government Law (W) Writing, and Analysis II I (2) , Multinati onal Business (2), Negotiating with Contracts II 3 the Reg ul atory State (3), Partnershi p Tax (W) (3 ). Legal and Economic Methods I 4 Patent and Know-How Licensing (W) (2). Patent Property II 2

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Curriculum 37

Criminal Law 3 First Year-Spring Civil Procedure II _l Legal Research, Total 15 Writing. and Analysis II I Contracts II 3 Second Year-Fall Legal and Economic Meth ods I 4 Legal Research. Propert y II 2 Writing. and Analysis Ill I Civil Procedure II _l Constitutional Law 4 Total 12 Business Associati ons 4 Financial Theory 3 Second Year-Fall Secured Finance and Inso lvency _} Legal Research. Total 15 Writing . and Analys is Ill I Torts 4 Second Year-Spring Constitutional Law 4 Legal Research , Bu si ness Associati ons ___..1 Writing, and Analysis IV I Total 13 Administrati ve Law 3 Unincorporated Businesses 2 Second Year-Spring Securities Law and Regul ati on 3 Legal Research, Income Tax 4 Writing. and Analysis IV I Bankruptcy _ 3 Criminal Law 3 Total 16 Administrati ve Law 3 Sec uriti es Law and Regul ati on _l Third Year-Fall Total 10 Corporate Income Tax 3 Corporate Track Thesis 2 Third Year-Fall Partnership and Financ ial Theory 3 Subchapter S Taxati on 3 Secured Fin ance and In solvency 3 Professional Responsibi Iit y 2 Profess ional Responsibilit y 2 ___l Electives* ____1 Elec tive* Total 14 Total 10 Third Year-Spring Third Year-Spring Antitrust 3 Corporate Acqui siti ons 2 Corporate Acquisiti ons 2 Unincorporated Businesses 2 Labor Law 3 Income Tax 4 Commercial Paper 3 Bankruptcy _l Electi ves* ___..1 Total 11 Total 15 Fourth Year-Fall Corporate Income Tax 3 Corporate and Securities Law Track Corporate Trac k Thesis 2 Evening Division Partnership and First Year-Fall Subchapter S Tax ati on 3 Lega l Research. Electi ves* ____:± Writing, and Anal ys is l I Total 12 Contracts l 3 Property I 3 Civi l Procedure l _1 Total 11

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38 Curriculum

Fourth Year-Spring Evidence and Trial Procedure 3 Ant itrust 3 Patent Law 2 Labor Law 3 Trade Secrets Law _l Commercial Paper 3 Total IS Elective* _1 Total II Second Year-Spring *Electives: See the li sting for General Law Legal Research, Program on page 36. Writing, and Analysis IV I Copyri ght Law 3 Total Hours: 90 Administrati ve Law 3 Unfair Trade Practices 3 Legal and Economic Theory Intellectual Property Law Track of Intellectual Property 2 The Intellectual Property Track is designed for Patent and Trademark Offi ce Practi ce _2. students with science or engineering training Total 14 who intend to practi ce intellectu al propert y law. There is no compromi se in the training Third Year-Fall necessary to become a well-rounded lawyer. Federal Courts 3 Approximately three-fourths of the course Trademark Law 3 work of the track is outside intell ectual proper­ Patent and Know-How Li censin g 2 ty law, thereby ensuri ng students substanti al Professional Responsibility 2 breadth in their professional training. Patent Infringement and Damages' Patent Infringement Law' I Day Division Electi ves* _j First Year-Fall Total 1S Legal Research, Writing, and Analysis I Third Year-Spring Contracts I 3 Antitrust 3 Property I 3 Patent Litigati on Civil Procedure I 4 and Dispute Resolution 2 Torts ___..1: lnt'l Trade Law and Regul ation 3 Total IS Patent Interference Law and Practice I lnt ' l Protection of Inte llectual Property 2 First Year-Spring Electi ves* __.5. Legal Research. Total 16 Writing, and Analysis II Contracts II 3 Intellectual Property Law Track Property 11 2 Evening Division Legal and Economi c Methods I 4 Civil Procedure IJ 2 First Year-Fall Criminal Law _} Legal Research, Total IS Writing, and An alysis I I Contrac ts I 3 Second Year-Fall Property I 3 Legal Research, Civil Procedure I __1 Writing, and Analysis Ill I Total 11 Constitutional Law 4 Business Associati ons 4

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Curriculum 39

First Year-Spring Fourth Year-Spring Legal Research. Antitrust 3 Writing. and Analysis II Patent Litigati on Contracts II 3 and Dis pute Resolution 2 Property II 2 In!' I Protecti on of Intell ec tu al Prope rt y 2 Civil Procedure n 2 Electi ves* _A Legal and Economi c Methods I _1 Total II Total 12 *Elec ti ves are unrestricted. except that at least Second Year-Fall one electi ve must be chose n from the fo ll ow­ Legal Research. ing courses: Chemical and Biotechnology Wri tin g. and Analysis Ill I Pate nt Practice (2). Elecuical and 1echanical Constitutional Law 4 Patent Practice (2). Patent Writing Theory and Tons 4 Practice (W)(2). Patent Law 2 'Courses are taught sequenti all y in the same Trade Secrets Law _l semester. Total 12 Total Hours: 90 Second Year-Spring Legal Research. Writing. and An alysis IV I Criminal Law 3 International Business Track Administrati ve Law 3 The International Busi ness Track is designed Patent and Trademark Ofti ce Prac tice 2 to give students spec iali zed preparation fo r Legal and Economi c prac ti ce in the rapi dly changing global bu si­ Theory of Intellectual Property _1 ness communit y. There is no compromi se in Total II the tra in ing necessary to become a we ll -round­ ed lawyer. Approx imately three-fo urths of the Third Year-Fall course work of the track is outside internati on­ Business Associati ons 4 al business law. thereby ensuring studen ts sub­ Ev idence and Trial Procedure 3 stantial breadth in their professional training. Professional Responsibil ity 2 Patent Infringement Law' Day Division Patent Infringement Damages' __l Total II First Year-Fall Legal Research. Third Year-Spring Writing. and Analysis I I Copyri ght Law 3 Contracts I 3 lnt'l Trade Law and Regul ati on 3 Property 1 3 Patent Interfe rence Law and Practice I Civil Procedure 1 4 Unfair Trade Practi ces 3 Torts _1 Electi ves* .....l Total 15 Total 12 First Year-Spring Fourth Year-Fall Legal Resean:h. Federal Courts 3 Writing. and Anal ys is II Trademark Law 3 Contracts II 3 Patent and Know-How Li censing 2 Legal and Economic Method' I 4 Elec ti ve * .....l Civil Procedure II 2 Total 10 Propert y 11 2 Crimin al Law _l Total 15

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40 Curriculum

Second Year-Fall Property II 2 Legal Research, Civi l Procedure II _1 Writing, and Analysis III Total 12 Constitutional Law 4 Second Year-Fall Business Associations 4 Legal Research, Conflict of Laws 3 Writing, and An alysis ill International Commercial Transactions 2 Torts 4 lnt' l Business Economi cs and Law _1 Constitutional Law 4 Total 16 lnt' l Business Economics and Law _1 Second Year-Spring Total ll Legal Research, Writing, and Analysis IV I Second Year-Spring Admi ni strati ve Law 3 Legal Research, International Trade Law & Regul ati on 3 Writing, and Analysis IV I International Law 3 Criminal Law 3 Income Tax ___A Administrati ve Law 3 Total 14 Income Tax _A Total II Third Year-Fall Professional Responsi bility 2 Third Year-Fall Secured Finance and Insolvency 3 Business Associat ions 4 Comparati ve Law 3 International Commercial Transactions 2 lnt' l Business Track Thesis 2 Conflict of Laws 3 European Union Law 2 Professional Responsibility _2 Electives* ____j_ Total 11 Total IS Third Year-Spring Third Year-Spring Intern ational Law 3 Antitrust 3 lnt' l Trade Law and Regul ation 3 Internati onal Finance 2 Anti trust 3 Corporate Comparative Governance 2 International Finance _1 International Di spute Resolution 2 Total ll Electives* _Q Fourth Year-Fall Total IS International Business Track Thesis 2 Comparative Law 3 International Business Track European Union Law 2 Evening Division Secured Finance and Insolvency 3 Electi ves* _1 First Year-Fall Total 12 Legal Research, Writing, and Analysis I I Fourth Year-Spring Contracts I 3 Comparative Corporate Govern ance 2 Property I 3 internati onal Di spute Resolution 2 Civil Procedure I ...3: Electives* _]_ Total IJ Total II

First Year-Spring *Elec ti ves: See li stin g of electi ves fo r General Legal Research, Law Program on page 36. Writing, and Analysis II I Contracts II 3 Total Hours: 90 Legal and Economic Methods I 4

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Curriculum 41

Litigation Law Track Second Year-Spring The Litigation Law Track is designed to pre­ Legal Research, pare student s academicall y for litigati on prac­ Writing. and Analysis IV I ti ce or other careers relating to dispute resolu ­ Professional Respo nsibility 2 tio n. Please note, however. that thi s is not a Administrative Law 3 clinical training program. The track is based Securities Law and Regul ati o n 3 on the belief that solid professional compe­ Remedies 3 tence requires a sound understanding of the Proof ___l theory and institutions underl ying dispute reso­ Total 14 lution. Accordingly, the speciali zed track courses focus on the processes of dispute reso­ Third Year-Fall lution and lawyers' roles from an analyti cal Trial Advocacy 2 perspective. There is no compromise in the Li tigation Law Track Thesis 2 training necessary to become a well -rounded Federal Courts 3 lawyer. Approximately three-fourths of the C riminal Procedure 3 course work of the track is outside litigati on Electi ves* _Q law, thereby ensuring students substant ial Total 16 breadth in their profe ssional training. Third Year-Spring Day Division Quantitative Forensics 3 Income Tax 4 First Year-Fall Bankruptcy 3 Legal Research. Litigati on Management Writing, and Analysis I I and Di spute Resolution 2 Contracts I 3 Electi ves* _l Property I 3 Total 15 Civil Procedure I 4 Torts __1 Litigation Law Track Total 15 Evening Division First Year-Spring First Year-Fall Legal Research. Legal Research, Writing, and Analysis II I Writing. and Analysis I I Contracts II 3 Contracts I 3 Legal and Economic Methods I 4 Propert y I 3 Property II 2 Civi l Procedure I _1 C riminal Law 3 Total II Civil Procedure II ____]_ First Year-Spring Total 15 Legal Research, Writing, and Analysis II I Second Year-Fall Contracts II 3 Legal Research. Legal and Economi c Methods I 4 Writing, and Analysis Ill I Property II 2 Constitutio nal Law 4 Civi l Procedure II ___l Business Associati ons 4 Total 12 Litigati o n and Di spute Resolution Theory 3 Evidence and Trial Procedure ---.3_ Total 15

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42 Curriculum

Second Year-Fall 1Courses are taught sequentiall y in the same Legal Research, semester. Writing, and Analysis Ill Torts 4 Total Hours: 90 Constitutional Law 4 Evidence and Trial Procedure ___..3. Total 12 Regulatory Law Track Second Year-Spring The Regulatory Law Track prepares students Legal Research, for practice in and before the numerous agen­ cies that regul ate business and other activities. Writing, and Analysis IV I There is no compromise in the training neces­ Criminal Law 3 sary to become a well-rounded lawyer. Administrati ve Law 3 Approximately three-fourths of the course Income Tax __4 work of the track is outside regulatory law, Total II thereby ensuring students substantial breadth Third Year-Fall in their professional training. Business Associations 4 Litigation and Day Division Di spute Resolution Theory 3 First Year-Fall Criminal Procedure 3 Legal Research, Professional Responsibility __l Writing, and Analysis I I Total 12 Contracts I 3 Third Year-Spring Property I 3 Securities Law and Regulation 3 Civi l Procedure I 4 Proof 2 Torts _1 Remedies 3 Total 15 Elective* __l Total 10 First Year-Spring Legal Research. Fourth Year-Fall Writing, and Analysis II I Litigation Law Track Thesis 2 Contracts II 3 Federal Courts 3 Legal and Economic Methods I 4 Trial Advocacy 2 Property II 2 Electives* _2 Criminal Law 3 Total 12 Civil Procedure U _1 Fourth Year-Spring Total 15 Quantitative Forensics 3 Bankruptcy 3 Second Year-Fall Litigation Management Legal Research, and Dispute Resolution 2 Writing, and Analysis Ill Elective* _1 Constitutional Law 4 Total 10 Business Associations 4 Perspectives on Regu lation 2 *Electives are unrestricted. except that at least Electives* _l one elective must be chosen from the fo ll owi ng Total IS procedural courses: Alternative Dispute Second Year-Spring Resolution (2), Appell ate Practice (2). Complex Legal Research, Litigation (2). Confl ict of Laws (3), Virginia Writing, and Analysis IV Practice (3).

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Curriculum 43

Securities Law and Regul ation J Second Year-Fall Legislation 2 Legal Research, Regulated Industries 2 Writing, and Analys is Ill I Admini strative Law 3 Torts 4 Antitrust 3 Constitutional Law 4 Elective* ____l Perspective s on Regulation 2 Total 16 Total II

Third Year-Fall Seco 11d Year-Spri11g Professional Responsibi lity 2 Legal Research, Litigati on and Writing, and Analys is IV Dispute Re solu tion Theory 3 Criminal Law 3 Regulatory Law Track Thesis 2 Administralive Law 3 Evidence and Trial Procedure 3 Leg islati on 2 Electives* _j_ Regulated Industries _l Total IS Total II Third Year-Fall Third Year-Spri11g Business Assoc iati ons 4 Negotiating with the Reg ul atory State 2 Litigati on and Advanced Ad ministrati ve Law 3 Di spute Resoluti on Theory 3 Proof 2 Evidence and Tri al Procedure 3 Internati onal Trade Law and Reg ul at ion 3 Professional Responsibility _l Electi ves* _j_ Total 12 Total IS Third Year-Spring Total Hours: 90 Advanced Admini strati ve Law 3 Antitrust 3 Securities Law and Regul ation 3 Regulatory Law Track Proof _l Evening Division Total II First Year-Fall Fourth Year-Fall Legal Research, Regul atory Law Track Thesis 2 Writing, and Analysis I I Elecli ves* _2 Contracts I 3 Total II Property I 3 Civil Procedure I _3_ Fou rth Year-Spri11g Total II Negot iaring with the Reg ul atory State 2 First Year-Spri11g ln t' l Trade Law and Reg ulation 3 Legal Research, Electives* ___Q Writing, and Ana lysis II Total II Contracts II 3 Legal and Economic Methods I 4 Total Hours: 90 Property II 2 Civil Procedure II _l *Electives: See the li stin g for the General Law Total 12 Program on page 36.

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Curricular Courses

Note: Not all of the courses described will be exercise of reli gion. Coverage will vary from offered during any one year. Schedules for the year to year. Prerequisite: Constitlllional Law. various terms and accompanying notes should be consulted to select courses comporting with Law 409. Advanced Constitutional Law student interest and law school requirements. Seminar: Takings 2 Credit Hours The George Mason University School of Law Examines constitutional and statutory aspects reserves the ri ght to cancel a cl ass if I 0 or of "regulatory takings." Topics explore the fewer students register. distinction between noncompensable police­ power regulations and compensable takings Law 116. Administrative Law with respect to governmental actions that sig­ 3 Credit Hours nificantly reduce the value of privately owned An inquiry into the powers and processes of real property. Included are transfer develop­ federal administrative agencies, and the control ment rights (TORs), exactions on develop­ of agency action through judicial review and ment , "exclusionary" and "inclusionary" zon­ otherwise. ing, and the effects of environmental regula­ tions. Law 154. Admiralty and Maritime Law 3 Credit Hours Law 331. Advanced Trial Advocacy Covers ad miralty jurisdiction, personal injury, 2 Credi t Hours and wrongful death of seamen and longshore­ Continuation of skills of trial and courtroom men, carriage of goods by water, maritime argument with emphasis on individual tech­ mortgages and liens, colli sion, salvage, general nique and jury persuasion. Ln depth anal yis of average, marine insurance, and marine pollu­ criminal and civil cases of complex nature. tion. The subject matter raises problems of Class limited to 16 persons. Prerequisites: federal and state jurisdicti on and of federal Evidence and Trial Advocacy. common law; problems in the intersection of public and private international law ; and the Law 207. Advanced Criminal Procedure use of arbitrati on. 2 Credit Hours This offering is intended for student s interest­ Law 401. Advanced ed in advanced work in criminal procedure. Administrative Law Seminar The topics covered focus on aspects of trial 3 Credit Hours procedure and post -convicti on remedies. Covers advanced topics in admini stra ti ve law. Prerequisite: Criminal Procedure.

Law 416. Advanced Constitutional Law 402. Alternative Dispute Resolution Law: First Amendment 2 Credit Hours 2 Credit Hours Examines the various modes of resolving civil Examines selected topi cs from the First di sputes and focu ses on altern ati ves to litiga­ Amendment , including speech, press, assem­ tion. including attorney negotiation. mediation, bly, associati on, and establishment and free

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Curricular Courses 45 and arbi tration. Concentrates on the structure as to the effects on the regulatory structure of of alternative methods of dispute resolution the growing homogeni zation of the various and implicated legal skills. The ethical consid­ segments of the linancial services industry. erations for a new model of attorney practi ce are also considered. Students take part in role­ Law 167. Bankruptcy playing exerci ses and are responsible for class 3 Credit Hours reports and projects. Studies legal. economi c. and social issues in bankruptcy through a survey of the Bankruptcy Law 156. Antitrust Code and the previous Bankruptcy Act. 3 Credit Hours Considers bankruptcy liquidation and reorgani ­ This course examines judicial doctrines, zation. as well as the role of Lh e courts and enforcement guidelines, and poli cies relating trustees in the bankruptcy process. to competition as a means of ordering private Prerequisite: Busin ess Associations. economic behavior. Specific topics include agreements involving competitors. dominant Law 172. Business Associations firm behavior, joint ventures, merge rs, di stribu­ 4 Credit Hours ti on, practices. and international competition Studies fundamental legal problems concern ­ policy. ing corporati ons and securities laws. Both closely he ld and public corporations are con­ Law 403. Antitrust Policy Seminar sidered. 2 Credit Hours This seminar examines current issues in Law 174. Chemical and Biotechnology antitrust policy. Prerequisites: Antitrust. Patent Practice 2 Credit Hours Law 160. Appellate Practice Presents an in -depth treatment of patent law 2 Credit Hours and practice as applied specificall y to protect­ This course is a practi cum on the modes and in g inventi ons relating to chemical and bi o­ methods of appellate practice and advocacy. techn ology. Patent applicati on preparation and Students are graded on several compositi ons prosecution strategies are particularly empha­ and prac tical exercises involvin g both oral and sized. Prerequisites: Pate/1/ Law; Parent and written advocacy. The course wi ll use fed eral Trademark Office Practice. and/or state rules at the di scretion of the in structor. Law 112 & 113. Civil Procedure I & II 4 and 2 Credit Hours Law 162. Banking Law and Regulation These basic courses are for the study of the 3 Credit Hours legal process, wi th emphasis on the powers Surveys regulation of the banking industry and operations of courts deciding di sputes under federal law as admini stered by the vari ­ between private parties. Examines the organi­ ous federal agencies, as well as regul ation zati on of state and federal courts and the rela­ under state law. The principal focus is on the tions between them; the processes by which structure of the industry and Lh e techniques of courts resolve di sputes; and the ex tent to regul ating entry. lending policies. reserve whi ch judicial decisions are conclusive of sub­ requirements. bank holding compani es, branch sequent disputes. Among the topics studied banking. interstate activities. nontraditional are jurisdi cti on of courts over persons. proper­ and securities activities of depository institu­ ty. and subject matter; the fin ality of judg­ ti ons, merger and other antitrust problems. ments; the choice of applicable law; the scope international banking, and trust ac ti vities. of liti gati on as to claims. defenses. and parties; Attention is given throughout to the current the processes of stating claims and exchanging movement to ''dereg ulate" the industry. as well information in discovery; tri als and the divi-

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46 Curricular Courses sion of functions between judge and jury; the other countries in Western and Eastern Europe. ri ght to jury trial; a brief introduction to the Topics covered include the roles of individual law of evidence; summary methods of deci­ and institutional shareholders, managers, credi­ sion without trial ; and appellate rev iew. tors, employees, and governments. The role of new financial instruments and the globali zation Law 181. Communications Law of fin ancial markets also may be ex pl ored. A 3 Credit Hours substantial written assignment is required. A treatment of basic telecommunications law, policy. and regulation. Law 417. Comparative Corporate Governance Seminar Law 343. Commercial Transactions 3 Credit Hours 3 Credit Hours Same topical coverage as Law 189 but pre­ This course examines commerci al law from a sented in the seminar format, including small­ transactional approach, beginning with the group class di scussions and a substantial writ­ source of commercial law, the law merchant, ing assignment. customary rules. di splacement of general prin­ ciples of law, and performance by seller Law 346. Comparative Law (including delivery, the role of third-party 3 Credit Hours intern1edi ari es such as carriers and freight for­ After a survey of the basic hi storical develop­ warders) and buyer (including an introducti on ments of the civil law (from pre-Roman legal to the payment system). Focuses upon systems through the legal Renaissance. and Uniform Commercial Code (UCC) Articles I. Legal Humani sm), this course considers the 2, 2A, and 7 as well as federal statutes and general features of foreign systems belonging international conventions relating to cartiage to the civil law tradition. That tradition of goods, and the U.N. Convention on the includes all of the continental European and International Sale of Goods. Prior exposure to Latin American countries. At least one-third a UCC course is preferable. Combines tradi­ of the course focuses on selected problems of tional case method with probl ems. pri vate law in civil and common law countries, comparing theore tical frameworks and judicial Law 176. Commercial Paper interpretive methods. Special emphas is is 3 Credit Hours placed on economic and evolutionary models Traditional case-oriented examination of the for the understanding of different legal institu­ role of negotiability in U.S. commercial and tions in a comparative perspective. consumer credit law and payment and coll ec­ tion system. Considers hi storical and concep­ Law 187. Complex Transactions Seminar tual background. elements of negotiable 2 Credit Hours instruments, transfer and negotiation to pro­ Considers ways to understand and analyze tected holders, li ability of the parties, the bank complex transactions. Students first read theo­ collection process, and the role of negotiability retical articles on contracts, contracting behav­ in documents of title and letters of credit. ior. transaction cost economics. information Statutes dealt with include UCC Articles 3. 4. cost economics, and option theory. Students 5, and 7, and other applicable federal and state then analyze transaction documents. First, statutes and regulati ons. they analyze standard form clauses. Then, as their main class assignment, students anal yze Law 189. Comparative Corporate an actual transaction. Each semester, the Governance transactions to be analyzed will likely include 2 Credit Hours a merger and acquisiti on transaction, and a Considers and compares corporate governance fin ancing transacti on. in the United States, Japan, Germany, and

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Curricul ar Courses 47

Law 186. Conflict of Laws Law 194. Corporate Acquisitions 3 Credit Hours 2 Credit Hours Focuses on choi ce of law problems. panicul ar­ Covers the law related to corporate acquisi­ ly in rel ation to propeny, family law. contracts. ti ons. The principal focus is on state corporate torts. trusts, and the administration of estates. law. though consideration is al so give n to fed­ Consideration is give n to acts of jurisdi ction. eral securities. tax. and antitrust laws. Topi cs effects of judgments, special probl ems of fed­ covered include business and tax considera­ eralism. and transnati onal regul ati on. ti ons relevant to acquisiti ons. methods of cor­ porate combinations, directors' du ti es in con­ Law 121. Constitutional Law necti ons with sales of control. appraisal rights. 4 Credit Hours and target defensive tactics. Praequisite: Examines structural and doctrinal aspects of Business Associarions. constitutional law. The course wi ll introd uce student s to the doctrine of judicial rev iew: the Law 198. Corporate Tax limits on that power from outside the judiciary 3 Credit Hours and from within; the role of the federal judi ­ Focuses on the taxation of corporati ons and ciary in the balance of powers between the leg­ their shareholders. Considerati on is given to islative and executive branches; and the the tax consequences of the forn1ation of a cor­ hi stori cal and present day role of the federal poration. distributions. redemptions. liquida­ judiciary in the rel ati onship between the feder­ ti ons, and reorga ni zations. Prerequisire: al government and the states. Panicular topics In come Ta.xa rion include the commerce clause, both affirmative and negati ve : the distribution of nati onal pow­ Law 202. Corporate Track Thesis ers among the three branches; and hi storical 2 Credit Hours and modern interpretati ons of due process. As a culminating experi ence in the Corporate procedural and substantive. and equal protec­ and Securities Law Track. students develop. tion. Specific coverage may vary sli ghtl y from refine. and expand a research paper into an year to year. article suitable for publicati on in law journals.

Law 102. Contracts I Law 106. Criminal Law 3 Credit Hours 3 Credit Hours Introducti on to the principl es of contrac t law. General principles of the substanti ve criminal including the considerati on doctrine. offer and law and it s major processes are derived from acceptance, promissory estoppel. and the regu­ stud y of its common law origins and the lation of the bargaining process. effects of such variabl es as societal va lues. leg­ islation. and judicial acti vi ty. Inquires into Law 103. Contracts II uses of the coercive power of the state. the fed­ 3 Credit Hours eral-state relationship. and the concepts of Continuati on of Contracts l. with emph asi' on group criminality. li ability fo r uncompleted interpretation. excuse. and remedies. crimes. and rationale for puni shment.

Law 191. Copyright Law Law 206. Criminal Procedure 3 Credit Hours .3 Credit Hours This course concern s the subject matt er of Acquai nt s students with the crim inal justi ce copyright. the ri ght s that compri se copyri ght. system, its procedures. and Founh. Fifth. and the limitations of these ri ghts (e.g .. fair Sixth. and Founeenth Amendment rights. use). The copyrightability of computer pro­ grams is given special attention. Open to any GMUSL studen t.

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48 Curricular Courses

Law 211. Discrimination in Employment Law 218. Environmental Regulation I 3 Credit Hours 3 Credit Hours Examines the federal regul atory structure gov­ Addresses common law and statutory schemes erning employment practices that make di s­ for preventing environmental harm. Statutes tinctions based on race, color, religion, sex , di scussed include the Clean Air Act, Clean national origin , and age. Water Act, NEPA, and CERCLA.

Law 212. Domestic Relations Law 313. Environmental Regulation II 3 Credit Hours 2 Credit Hours Surveys the creation of family relationships as Considers the rationality and effi ciency of the well as interacti ons between family members, current environmental regul atory regime. relationships between the famil y and the rest Topi cs di scussed in detail include the econom­ of society, problems in the di ssolution of the ics of the environment, the effi cacy of the famil y, economic incidents of the famil y. and common law in dealing with environmental custody and property settlements. problems, cost-benefit analy sis, risk assess­ ment, and public choice. Prerequisile: Law 413. Economics of Environmemal Regulation I. Contract Law Seminar 2 Credit Hours Law 219. Estate and Gift Taxation This course builds upon the student 's knowl ­ 3 Credit Hours edge of contract law, considering in greater Provides a detailed examination of the estate , detail the economic structure of pri vate and gift, and intergenerati onal transfer taxes, and collective agreements. After a brief review of considers their interacti on with individual, the bas ic postulates of exchange economi cs, partnership, and corporate tax provisions. this seminar rev isits classical contract doc­ trines in an economic perspecti ve. In addition Law 220. Estate Planning to the neoclassical models, students will gain 3 Credit Hours familiarity with a variety of other approaches Includes a substantial writing requirement , and modelin g assumptions, including those of with an emphasis on organization of facts, the game theory, new institutional and transac­ development of problem- solving thought pat­ tions-cost economics, and evolutionary eco­ terns, and performance of research, drafting, nomic theory. The reading assignments will and writing skills that are involved in the prac­ provide an occasion to rev iew many "classics" ti ce of law. Limited enrollment. Pre requisite: of economic analys is and become famili ar Estate and Giji Taxation. with some of the most recent contributi ons to thi s area of the law. Law 213. European Union Law 2 Credit Hours Law 216. Electrical and Mechanical After an extensive examination of the legal Patent Practice and institutional foundations of European 2 Credit Hours Uni on law, this course surveys the EC Presents an in -depth treatment of patent law Freedoms and recent community policies. and practi ce as applied specificall y to protect­ The course appraises the ongoing process of ing mechanical-related in venti ons and inven­ unificati on and harmoni zation of European tions relating to electroni cs and computer sys­ law with special reference to the development tems and of copyri ght law for protecting com­ of general principl es of European private law. puter programs and computer-type machines through their audi ovisual outputs. Law 222. Evidence and Trial Procedure Prerequisiles: Palen! Law: Pate/11 and 3 Credit Hours Trademark Office Practice. Examines legal rules governing the proof of

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

Curricular Courses 49 di sputed issues of fact during adversary pro­ acquisiti ons. dividend policy. and empirical ceedings_ The emphasis is on rules determin ­ models of tinance_ ing the ad mi ssibility of vari ous types of evi­ dence, including testimonial evidence (hearsay Law 230. Government Contracts rules and impeachment of wirnesses). docu­ 3 Credit Hours mentary evidence. and scientitic and expert Examines the processes by whi ch private par­ evidence. The course also considers the effect ti es establish and perform co ntrac L~ with the of jury tri al on rules of evidence. federal government. Specifi c subjects include the appropriations mechani sm; the authorit y of Law 228. Federal Budget Law government agent s. sealed-bid and negotiated 2 Credit Hours procurement methods; competit ion require­ Studies the law underl ying the federal budget ments. contract pricing. award protests; inspec­ process, including the preparation of the presi­ tion, acceptance. and warranties: changes; ter­ dent 's budget, the Congressional Budget minati on; the prosecution and de fe nse of Resolution. and the appropriations and recon­ claims; and civil and criminal sancti ons for ci li ati on bill s_ Al so examines the Constitu­ fraud _ For factual illustrations. the course tional provisions underl ying the federal budget draws heavil y upon the procurement acti vities process. of major purchasers such as the Department of Defense_ Law 226. Federal Courts 3 Credit Hours Law 427. Health Law and Policy Jurisdiction of the federal di strict courts, 2 Credit Hours including federal questi on. diversity. and sup­ Examines selected topics invo lving recent pl emental jurisdiction; appellate jurisdicti on of developments in the private and public law of the Supreme Court, federal common law; healthcare, including managed care and medi­ aspects of the relations of the federal and state ci ne. courts, including remova l, abstenti on, and the Anti-injunction Act; and state sovereign immu­ Law 235. Immigration Law nity in the federal courts. 2 Credit Hours Examines fundamental issues in immigrati on Law 237. Federal Tax Procedure law of in admi ssibility and deport ability. relie f 2 Credit Hours from removal, asy lum and refu gee statu s. citi ­ Focuses on civil tax litigati on, from assess­ zenship. nonimmigrant and immigrant visas. ment. choice of forum. tax court jurisdicti on. including labor certification. and admini stra­ overpayments and refund procedures, and ti ve and judicial revi ew_ interest and penalti es. Preparation of a short tax protest and tax court petition will be Law 236. Income Tax required_ Prerequisite: In come Taxation (must 4 C redit Hours be wken prior to or simultaneously with this The fundament al statut ory and regulatory prin­ course). ciples upon whi ch the federal income tax slructure is based are considered. with empha­ Law 197. Financial Theory sis on individual income taxati on. Topics 3 Credit Hours include definiti on and characteri zati on of Considers the principles of fin ance and th e income. deductions. and the tax treatment of applicati on of those principl es to a vari ety of propert y transacti ons. legal questi ons_ Topi cs include portfoli o theo­ ry, equilibrium pricing models. va luation of a Law 238. Independent Study firm . capital structure of a firm restructuring in 2 or 3 Credit Hours attempted takeover situati ons. mergers and Granted with special approvaL The pro posed

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50 Curricular Courses

program of study must be endorsed by a facul­ arbitrati on procedures. Decision s of tribunals ty member in writing and approved by the in common law and civil law jurisdictions are associate dean pri or to the beginning of the considered to present comparatively a range of semester. questi ons arising in contemporary practice.

Law 242. Insurance Law Law 257. International Dispute Resolution 2 Credit Hours 2 Credit Hours Acquaints students with the various problems Treats both international civil litigation and invo lved in ri sk-spreading through pri vate and internati onal arbitration. Some of the material public insurance. Concepts of ri sk, uncertain­ covered in international civil litigation includes ty (or compound risk), and insurability are di s­ taking evidence abroad, service of process cussed as well as contractual problems such as abroad, and enforcing foreign judgments. mi stake, fraud , and coinsurance. The impact of in surance upon the development of tort doc­ Law 431. International trines such as strict and vicarious li ability and Economic Development Seminar relaxed standards of causation are addressed. 2 Credit Hours Government regul ati on of the insurance indus­ This course focuses on the relation between try receives some attention. economi c development and law. The areas of policy formulation, foreign assistance, and the Law 249. International role of the law and lawyers in development Business Economics and Law will be examined. as will issues of population, 2 Credit Hours rule development. agriculture. and natural This course is designed to prov ide resources. International Business Track students with an analytical framework. based on microeconom­ Law 421. International Environmental ic theory, fo r studying law and policy ques­ Law Seminar ti ons relating to international trade issues. 3 Credit Hours Topics covered include comparati ve advantage This seminar focuses on legal solutions to and the gains from trade. pa!!erns of trade, the international environmental problems. Topics effects of tariffs. subsidies and other trade di scussed include global warming, bi odiversi­ laws. balance of payments issues, exchange ty, air and water pollution, and multicultural or rate determination. and industrial policy. Both bilateral legal regimes established to address theoretical issues and applicati ons to current these challenges. The impact of international policy questions are covered. environmental issues on intern ati onal trade and developing countries as well as on domes­ Law 251. International Business Track tic environmental law will also be studied. Thesis 2 Credit Hours Law 244. International Finance Requires the student to develop. ex pand, and 3 Credit Hours refine a research paper into an article suitabl e Rev iews international monetary law and inter­ for publication in a law journ al. national investment law. Selected topics include the Intern ati onal Monetary System, Law 245. International including International Monetary Fund and its Commercial Transactions lending facilities; financing development and 2 Credit Hours other projecLs abroad: the regulation of inter­ This course treats a variety of forms of inter­ nati onal banking: and common currency and nati onal contract (including sales of goods. free trade areas. currencies, securities, loans. joint ventures. and distributorships) and related judicial and

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Curricular Courses 51

Law 248. International Law va luat ion; statutory import remedies (e.g .. 3 Credit Hours "retaliation," unfai r imports. antidumping/ Considers trad iti onal public internati onal law countervailing duties): and ex port li censing. issues and analyzes them in an economic and promoti on. and controls. Also examines the game-theoretic perspecti ve. Emphasis is on mechanisms related to regulating internati onal basic concepts of public international law. business and trade (e.g .. GATT). including sources and evolution of intern ati on­ al law: rel ati on of international law to munici­ Law 434. International Trade Law Seminar pal law; subjects of internati onal law: peaceful 2 Credit Hours settlement of di sputes: international agree­ Considers special problems in the evolvin g ments: jurisdictional competence: state respon­ international trad ing system. inc luding th e role sibility and treatment of ali ens: the use of of GATT and U.S. trade laws. force: and the evolving role of internati onal organi zations. Law 254. Jurisprudence 2 Credit Hours Law 247. International Protection A survey of literature on society and culture. of Intellectual Property inc luding Burke's Reflecrions. Arnold's 2 Credit Hours Anarchv and Culrure. and recent studies on This course examines the major treati es and communitariani sm and social norms. other international agreements providing pro­ Appl icati ons to the law will be w nsidered. tection to intellectu al property ri ghts regarding patents. trademarks. copyri ghts, and unfai r Law 435. Jurisprudence trade practices. The agreements considered 2 Credit Hours include the North Ameri can Free Trade Explores the phenomenon of interpretati on in Agreement (NAFTA ). the General Agreement law. After an introductory segment emphasiz­ on Tari ffs and Trade (GATT). the Berne ing the import ance of intellectu a li zing ques­ Conventi on. the Uni versal Copyright ti ons of interpretation and assessing the objec­ Conve nti on. and the Pari s Convention. ti vity of argument and justificati on. the semi­ Particular att ention is given to difficulties of nar will focus on a di scussion of differing harmo ni zati on among countries hav ing poten­ schools of thought on interpretati on. promi­ ti all y divergent interests. Prerequisite: Paten/ nentl y including the lit eralist vs. subjecti vist or Law. Recommended: Trademark Law: other interpretivist schools. Topical coverage Coprrighr Law. may va ry (e.g .. feminist interpretive juri spru­ dence. economic interpretation) and is expect­ Law 250. International Taxation ed to be influenced by students' interests. 3 Credit Hours C lass discussion and a substantial wri tten Considers the taxati on of international transac­ product are required. Enro ll ment requires ti ons. Both the taxati on of domesti c entities in structor's approval. and U.S. c iti zens doing business abroad and foreign entities and individuals doing bu si ness Law 256. Labor Law in the United States are examined. 3 C redit Hours An overview of the law nf union and manage­ Law 253. International Trade Law ment rel ati ons in the pri vate sector: develop­ and Regulation ment and coverage of federal labor law: repre­ 3 Credit Hours sent ati on electi ons: unfair labor practi ces: rela­ Covers trade law. principally Ameri can law ti ons between employees and their un ion: and the re lated internati onal regi me. Incl udes employee concerted acti vity: anti-union di s­ separation of powers in trade policy matters: crimination: union pi cketing. strikes. and vio­ trade agreements. tariffs. classificati on. and lence: regul ati on of collective bargaining: and

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

52 Curricular Courses enforcement of collective bargaining agree­ will give a presentation to their colleagues on ments. a topic of their choosing in the last sessions of the seminar. Grading will be based on class Law 258. Land Use Planning participation, the presentation, and a paper 3 Credit Hours based on the presentation. Considers the planning and regulatory func­ tions of government at all levels in controlling Law 275. Law of Investment Management land use. Identification and analysis of land 2 Credit Hours control processes and the roles of public and This course examines the law and economics private entities are of concern. Problems that of investment advisors, investment companies, may be included are the relationship among mutual funds, and pension funds. These insti­ planning and public finance, transportation, tutions currently manage a large and rapidly population density, and growth. increasing share of America's wealth, and fur­ ther expansion is especially likely with the Law 217. Law of Electronic Commerce growing impetus to privatize social security. 2 Credit Hours Yet little is known about their internal organi­ Advanced commercial law course focusing on zation, the critical contracting and property the impact of revolutions in telecommunica­ rights issues they face in financial markets, or tion and data processing for commercial and the sources of regulation that influence them· traditional contract law. Issues include under the Securities Exchange Act ( 1934), the enforceability, standardization, ED!, EIT, Investment Advisors Act ( 1940), the negotiability, bills of lading, and electronic let­ Investment Company Act ( 1940). or the ters of credit policy considerations. Course Employee Retirement Income Security Act includes a two-day field trip to New York to (1974). The course will use basic financial visit the Federal Reserve Bank of New York, theory and property rights analysis to examine N.Y. Clearing House, Money Center Funds the law that shapes these increasingly vital Transfer Unit, leading attorneys, and trade institutions, with the objective of understand­ associations. One required paper will treat a ing their internal organization and external current issue of significance to the field. environment. This course is an elective in the Corporate and Securities Track. Financial Law 425. Law and Human Nature Seminar Theory recommended but not required. 2 Credit Hours The seminar will use the perspective of evolu­ Law 108. Legal and Economic Methods tionary biology to understand how the biologi­ 4 Credit Hours cally given nature of man shapes law and legal Exposes students to a broad survey of eco­ systems. Begins with an introduction to natur­ nomic, statistical, finance, and accounting con­ al selection and the Darwinian paradigm that cepts in the context of actual cases in which is now being applied across the social sci­ those concepts play a crucial role in determin­ ences-in anthropology, psychology, econom­ ing the outcome of the dispute. Students will ics, and linguistics. The seminar will then dis­ not become expert in these technical areas but cuss whether that paradigm sheds light on will be exposed to both the mechanics and diverse legal topics such as criminal law, fami­ subtleties of these legal tools. The goal is to ly law. the law of gender discrimination, and educate and train lawyers so that they will be the constitutive laws of society, including the better prepared to understand a dispute, craft Constitution. Particular emphasis will be an argument, and prepare a witness. given to the relation between law and biology and law and economics. Students will be expected to have read Richard Dawkins's The Selfish Gene before the first class. Students

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Curricul ar Courses 53

Law 261. Legal and Economic and competing theories of legislati ve behavior. Theory of lntellectual Property The course begin s with an examinati on of the 2 Credit Hours process by which statutes are generated and A survey of the legal and economic theory of the application of economic analys is to that intellectual property including the common process. The remainder of the course consid­ law premises for the protection of ideas and ers the implications of this analysis for a vari­ their embodiments and the evolution of statu ­ ety of legal issues arising in the interpretati on tory and judge-made law. The first half of the and implementati on of statutes, especiall y the course concentrates on the underlying econom­ principles and techniques of statutory con­ ic and property theory and law, and the second structi on. half develops the applicati on to the statutory and common law cl asses of intell ectu al proper­ Law 436. Letter of Credit Law ty: patents, copyright. trademarks. mask works, 2 Credit Hours and trade secrets. Advanced commercial law se minar foc using on the Letter of Credit, a widely used commer­ Law 457. Legal History Seminar cial pay ment system (U.S. $650 bi lli on out ­ 2 Credit Hours standing). Topics include the ro le of custom Examines the intellectual hi story of Western and practice in commercial law, legal charac­ legal thought from the ancients, with emphasis teristi cs, and rules of practi ce. Recent revisions on the Anglo-American legal system from the of UCC Article 5, UCP, and draft UNCITRAL Middle Ages to the twentieth century. Convention are also addressed. Course includes a two-day fi eld tri p to New York wi th Law 096. Legal Research, Writing, and interviews with leading authorities. money Analysis I center banks, counsel, and trade associati ons. I Credit Hour One required paper will concentrate on emerg­ Emphasizes legal writing abi lities by providing ing issues in the field. instruction through a seri es of written assign­ ments covering di verse types of legal writing. Law 205. Litigation and Dispute Resolution Research methods and analysis of legal con­ Theory cepts are an integral part of the course. 3 Credit Hours Thi s course provides the cornerstone of the Law 097. Legal Research, Writing, and Litigation Law Track student 's educati on. It Analysis II introduces the theory and practice of litigati on I Credit Hour and other form s of dispute resolution and Continuati on of Law 096. draws upon the basic tools of decision theory. game theory, and economic analys is to address Law 098. Law Research, Writing, and some of the key features of the li tigation Analysis III process and its in stitutions. Among the topics I Credit Hour addressed are the decision to commence litiga­ Continuation of Law 097. ti on and whether to settl e or go to trial. settl e­ ment negoti ati ons, strategic behavior as affect­ Law 099. Law Research, Writing, and ing decision making by both private actors and Analysis IV the courts: economi c analyses of litigati on; I Credit Hour agency or moral hazard problems presented by Continuation of Law 098. both lawyers and courts; the im pact of attor­ neys· fee arrangements. fee-shi fting rules. and Law 266. Legislation court -imposed sanctions, party vs . court con­ 2 Credit Hours tro l of proceedings; and the effect of enforce­ An introducti on for lawyers to public choice ment costs on competing substanti ve legal

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54 Curricular Courses rules. Topi cs are considered in a discussion­ Law 280. Multinational Business style form at, and students are required to sub­ 2 Credit Hours mit weekl y written sununaries or critiques of Covers the govern ance implicati ons of operat­ the readings and to contribute to the weekl y ing a single firm in different countries. di sc ussions. In addition, a term paper or fin al Includes problems of operating under differing examinati on, and one or more short written legal regimes and corporate and internati onal exercises, are required. Enrollment is limited legal and policy considerati ons relating to to 30 or fewer students, with Litigation Law multinational firn1 s. Track students having preference. Law 281. Negotiating with the Law 271. Litigation Law Track Thesis Regulatory State 2 Credit Hours 3 Credit Hours Requires the student to develop, expand , and Considers the special problems of resolving refine a research paper into an article suitabl e disputes with government agencies. Topics for publicati on in a law journal. include the investi gation process, settlement negoti ations, rul e-making problems. and the Law 203. Litigation Management role of Congress. 2 Credit Hours Covers procedural, substantive, and pragmati c Law 282. Partnership Taxation aspects of litigati on, including the relationship 3 Credit Hours between in-house and outside counsel. Examines the taxation of partnerships and Considers issues involved in depositi ons, di s­ limited liability companies. covery, motion practice, the role of ex perts, case management, complex cases, and tradi­ Law 458. Patent and Know-How Licensing ti onal and alternati ve fee arrangements. Seminar Practical and strategic probl ems ari sing in par­ 2 Credit Hours ticular areas of law such as bankruptcy, merg­ Covers the bu siness and legal criteri a neces­ ers and acquisiti ons, or employment discrimi­ sary to impl ement and maintain successful nation also may be ex plored. patent licensing programs. Subj ect areas cov­ ered are bu siness objectives in licensing; rights Law 272. Local Government Law and duties of license parties; detern1i ning and 2 Credit Hours negotiating the term s and cl auses of the con­ Decision-making processes of local govern­ tract; administering and enforcing the license; ment bodies; types and authority of city, coun ­ anti tru st and mi suse constraints on the bu si­ ty, and special-function local government ness and law of licensing; and special prob­ uni ts; intergovernmental relations; organi za­ lems in trade secrets, know-how, and show­ tional structure and modificati ons. how conu·acts. Prerequisite: Patem Lmv.

Law 278. Moot Court Law 292. Patent and Trademark Office I Credit Hour Practice Promotes the development of appell ate advo­ 2 Credit Hours cacy skills. Members of the Moot Court This course builds upon the basic course in Board must participate in at least two moot Patent Law. Prov ides an in-depth rev iew of court competitions, one of which must include the procedural and substantive law leading to an appell ate brief writing component. issuance of patents fro m the U.S. Patent and Members coordinate and conduct all intra­ Trademark Office, e.g., obtai ning and preserv­ mu ral moot court competiti ons. Open onl y to in g the earli est possibl e applicati on fi ling date; students selected for Moot Court Board mem­ continuing applications. principles of double bership. patenting; prov ing pri or inventi on and estab-

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CurTicular Courses 55

lishing patentability of an invention by affi­ Law 284. Patent Law davit evidence; foreign priority; sufficiency of 2 Credit Hours disclosure requirements in patent specifica­ An introduction to the basic principles of the ti ons: avoiding defective claims; and principles law of patents in the Un ited States. Examines of inequitable conduct. Prerequisite: Patent the hi story. purpose. and po licy as pects of the ww. U.S. patent system: the fundamental nature of a patent as property and as a legal in strument: Law 285. Patent Application Writing patent claims as propert y detlnitions: patent 2 Credit Hours di sclosure requirement s: subject matter eligible This course appli es principles learned in earli ­ for patent protection: the conditions of er patent law courses to the writi ng of patents patent ability for an inve nti on: and the meaning to accord them their max imum legal effect. of patent va li dit y. infringement. and enforce­ The readability of patents by lay judges and abilit y. O pen to any GMUSL student. jurors is also stressed. Prerequisites: Patent Law: Patent and Trademark Office Practice. Law 287. Patent Litigation and Dispute Resolution Law 286. Patent Infringement Damages 2 Credit Hours I Credit Hour Builds upon the hasic required course in Covers the law regarding damages for patent C ivi l Procedure by teachin g the procedure. tac­ infringement. including reasonable royalti es. tics, and options common to most patent litiga­ lost profits, and circumstances warranting ti ons. The role of preliminary injuncti ons is increased damages. Prerequisites: Patent Law; covered in detail. The entire course focuses Patent and Trademark Office Practice; Patent primarily on strategy considerations. Infringement La w. Prerequisites: Patent Law; Patent and Trademark Office Practice; Patent Law 288. Patent Infringement Law b!frin[iement UIIV,' Patent lr! frin[iement I Credit Hour Damages. An in -depth study of the fundamental princi­ Law 344. Perspectives on the Individual, ples of patent infringement: rules of claim con­ Family, and Social Institutions struction: acts amounting to direct infringe­ 2 Credit Hours ment (literal and under the doctrine of equi va­ Wealth (capital ) creation and transmi ssion in lents). inducin g infringement. and contributory the cont ex t of the individual rather than the infringement: and prosecution hi story estop­ firm unifies thi s sequence. Wealth. in the pels. Prerequisites: Patent Law; Patent and broad se nse considered here. means not onl y Tradem.ark Office Practice. the person's accumulati on of fin ancial assets but also hi s or her eaming capacit y. moral va l­ Law 291. Patent Interference Law ues aiHI contributions to society. Although and Practice much of the approach wi ll be law-and-eco­ I Credit Hour nomi cs based. other disciplines will necessari ­ This course covers the procedural and substan­ ly inform the discussion as we ll. Biology. tive law of a patent interference in the U.S. sociology. political sc ience, hi story. and phi­ Patent and Trademark Office. including the losophy a ll will pl ay a part. meaning of conception. reduc ti on to practice and diligence; the significance of an in terfer­ Law 289. Perspectives on Regulation ence coun t; moti on practice: discovery; testi ­ 2 Credit Hours mony; final hearings. and ri ght s of review. Int roduces students to the literatu re on the Patent reissue. patent reexamination, and pub­ political economy of regulation. including pub­ lic use proceedings are also discussed. li c choice. the economi cs of bureaucracy. and Prerequisites: Patent ww: Patent and case studies of the constraints and in cenli ves Trademark Office Practice. facin g regulators.

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56 Curricular Courses

Law 296. Products Liability defin ed, acquired, and transferred. The course 2 Credit Hours treats the basic in stitutions of property, includ­ Di scusses the hi storical development of prod­ ing the estate system. landlord-tenant relati on­ uct li ability as a branch of contracts, through ships, and mechani sms for transferring and express and implied warranties. and of torts. assuring titles. through abnormally dangerous acti vities. joint tortfeasors. and industry-wide li abil ity. Law 105. Property II Students address the benefits and costs of such 2 Credit Hours a system in economic and legal terms. Continuation of Law I 04. Emphasizes private Proposals for federal and state legislation are and public land use controls and governmental also considered. takings of private property.

Law 298. Professional Responsibility Law 305. Public Choice 2 Credit Hours and Public Law: Seminar A study of the activities and responsibilities of 2 or 3 Credit Hours lawyers and their relationships with clients, Provides students with a critical introduction the legal profession, the courts, and the public. to and analysis of public-choice and social­ Problems of professional responsibility are choice literature and relates covered concepts treated in several contex ts. e.g .. the lawyer's to actual cases, statutes, and legal doctrines. duty to the cli ent, the prov ision of adequate Covered topics will include structural and evo­ legal services to all . and the reconcili ation of lutionary analyses of state and federal legisla­ the lawyer's obli gations to the client with the ti ve decision-making processes; structural and demands of justice and the public interest. evolutionary analyses of judicial decision-mak­ ing processes. including the doctrines of stare Law 299. Proof decisis and justiciability; evaluating public 2 Credit Hours choice- and social choice-based proposals to Foll ows Law 205, Litigation and Di spute expand the reach of federal judicial rev iew; Resolution Theory, extending the anal ytical examining the proper role, if any, of interest approach to problems of proof and persuas ion group theory in constitutional and statutory at tri als. This course focuses on the analys is interpretation; delineating the spheres of public of the persuasive value of evidence and the and pri vate law; examining the role of public methods of constructing and improving infe r­ choice and social choice in developing a struc­ ential chain s of proof. Topics include the tural analys is of separati on of powers and fed­ an alysis and sy nthesis of inference networks. eralism; and evaluating the competing roles of considerati on of the relationships of proof and efficiency and cycling on the evolution of legal probability; and the processes of generating doctrine. Specific coverage may vary from and testing fac tual hypotheses. Students will year to year. Prerequisite: Constitutional Law. be required to complete several written exer­ cises and a final examination. Enrollment is Law 301. Quantitative Forensics limited to 30 or fewer students, with Liti gati on 3 Credit Hours Law Trac k students hav ing preference. Considers the principles of statistics and Prerequisites: Litigation and Dispute econometrics and their application to a wide Resolution Theory; Evidence and Trial range of legal applications. Topics include Procedure. statistical evaluation of forensic and economic evidence and their relationship to the rules of Law 104. Property I procedure, to the rules of ev idence, and to bur­ 3 Credit Hours dens of proof. Enrollment is limited to Examines the theory of property rights and Litigati on Law Track students, or others with analyzes the processes by which they are special permission of the instructor.

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Curricular Courses 57

Law 424. Readings in Law 44.). Regulatory Law Track Thes is Legal Thought Seminar 2 Credit Hours 2 C redit Ho ur Requires the stude nt to develop. expand. a nd Stude nt s read a selecti o n of impon ant work s in reline a researc h pa pe r into an anicle suitable the developme nt o f Ang lo-Ameri can legal for publicati on in a law jo urna l. th oug ht fro m the eighteenth century to the pre­ sent. Authors have included Bl acksto ne. Law ]14. Remedies Be ntham. Mill. Ho lmes, Ll ewell yn. Frank. 3 C redit Hours Bic ke l. Calibresi. Posne r. Mac Kinno n. a ml A legal and economic analysis of remedies others. Stude nt s submit brief comme nt s and g ive n in legal proceedings. The coverage questi ons on each reading pri or to its bein g in cludes the forms o f legal and equitable re me­ di scussed in c lass. G rades are based o n those dies. th.: substanti ve law o f restitut ion. and submiss io ns and on class discussion. me thods for the mcasurc mclll of da mages and correspo nd ing problems of nonmone tary forms Law 302. Real Estate Finance o f re medy. 2 C redit Ho urs A study o f the basic c le me nt s of construc ti on. Law 322. Secured Finance and Insolvency developme nt. and pe rmane nt fin ancing that 3 C redit Ho urs uses real estate as security for the fin ancin g. Explores th e law a nd economi c consequences This course will examine the real estate o f secured finance. The princ ipal focus is on fin ance transacti on fro m a practiti oner's view­ the Uniform Comme rcial Code's Art icle<) (on po int and will cover the laws governing and securit y int e rests in pe rso nal prop.: rt y) and it s normal docume nt ati on utili zed in a real estate influe nce o n fin a ncial transacti ons between finance transaction. negoti ati on skill s. title debt o rs a nd c redito rs. ln cludeo- examination of in surance. re medies. and other facets of a rea l how ba nkruptcy law affects secured nedit. estate secured loan. Law Jl7. Securities Law and Regulation Law 315. Regulated Industries :1 C red it Ho urs 2 C redit Hours Thio- course surveys the law and reg ul a ti o n Surveys the legal and econo mi c foundations o f related to the issuance a nd trading of 'L'L' Uri ­ the various forms of regul ati on. The ori g in ti e>.. Topics covered include the reg istratio n o f and develo pment of both econo mi c and social puhlic o fferin gs under the Securities Act of regul ati o n are analyzed. I Y.\3: rcgi, trati o n and re porting bv public compani es unde r the Securiti eo- Exchange Act Law 310. Regulation of Food and Drugs o f IY.\4: rco- tri cti on.s o n in sider trad ing: c.x pn.:,s 2 Credit Hours and implied re medies unde r the federal securi­ Covers the regulation o f food. drugs. cosme ti cs ti es laws. in cluding re medies for fraud . misrep­ and medical devices by the U.S. Food a nd resentati on. and manipulation: the regulation Drug Administrati o n (FDA). including basic o f te nde r o tTers: and state .. Blue Sky .. l;m '· statutory provisions. regulatio ns. and case law. The history of regul ati on is d isc ussed. as well Law J20. Supervised Extcrnship as the develo pment of new legal and procedur­ 3 C redit Hours al mechanisms for regul ati on in light o f Enta il s 120 hour' of supervised field 1\nrk in a ad va nc in g techno logy and new theori es o f con­ private. law linn or a fede ral or state a)!cnc·v in sum.: r protecti on. Since the FDA has been Virg ini a. Maryland . or the Dis tri ct of important in establi shing legal precede nt s gov­ Columbia. The parti cipating oflices arc select­ e rning U.S. regulato ry agencies. a fa milia rit y ed o n the basis o f inte rest and ability to pro­ w ith this fi eld w ill pro vide a basic understand­ vi de th e stude nt with a so und educati onal in g o f how the governme nt regul ates and how ex pe ri ence unde r the supe rvisio n nf an agency administrative law work s.

http://www.law.gmu.edu/academics/catalog School of Law Catalog 1997-1998 George Mason University Law School

http://www.law.gmu.edu/academics/catalog