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Rutgers University School of Law-Camden - Catalogs - Rutgers, The ...

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601:632. SALES (3)<br />

Hyland, Korobkin, McDonald. Prerequisite: Commercial <strong>Law</strong>: An Introduction<br />

to the Universal Commercial Code or permission <strong>of</strong> instructor.<br />

Course builds on the study <strong>of</strong> sales law in Contracts and<br />

Commercial <strong>Law</strong>: An Introduction to the Universal Commercial<br />

Code (UCC); provides an in-depth look at Article 2 <strong>of</strong> the UCC<br />

(Sales), including formation, warranties, risk <strong>of</strong> loss, breach, and<br />

remedies. Examines fundamental aspects <strong>of</strong> the documentary transaction—the<br />

means by which merchants buy and sell goods around<br />

the world. May also cover the Convention on the International Sale<br />

<strong>of</strong> Goods (CISG), the law increasingly governing international sales<br />

transactions. Students are given practical training in methods <strong>of</strong><br />

statutory interpretation—how to read statutory language, and how<br />

to use statutes in planning and litigation contexts.<br />

601:690. SECURED TRANSACTIONS (3)<br />

Hyland, Korobkin, Patterson, Taylor. Prerequisite: Commercial <strong>Law</strong>: An<br />

Introduction to the Universal Commercial Code or permission <strong>of</strong> instructor.<br />

Explores Article 9 <strong>of</strong> the Uniform Commercial Code and its<br />

impact on personal property financing in the United States. Also<br />

considers relevant parts <strong>of</strong> Articles 3, 7, and 8, as well as parts <strong>of</strong><br />

the Bankruptcy Act. Emphasizes the role <strong>of</strong> the lawyer in the planning<br />

and drafting <strong>of</strong> transactions and the reading <strong>of</strong> statutes.<br />

601:636. REGULATION OF LAND USE (3)<br />

Washburn<br />

An analysis <strong>of</strong> both public (governmental) and private controls<br />

on the use <strong>of</strong> land. Examination <strong>of</strong> the limits <strong>of</strong> the police power to<br />

effect regulation <strong>of</strong> private property rights; various public controls,<br />

including planning and the master plan; the <strong>of</strong>ficial map; enabling<br />

authority to zone; substantive standards <strong>of</strong> the zoning ordinance;<br />

flexibility in zoning (amendment, variance, special exception); nonconforming<br />

uses; exclusionary zoning and growth controls; contract<br />

zoning; cluster zoning and planned unit developments;<br />

consent ordinances; substantive standards <strong>of</strong> the subdivision and<br />

site plan ordinances; requirements for subdivision improvements,<br />

dedication <strong>of</strong> land, and payments in lieu <strong>of</strong> dedication. Study <strong>of</strong><br />

private land use techniques, such as covenants, deed restrictions,<br />

declarations, and easements. A brief review <strong>of</strong> transfer <strong>of</strong> development<br />

rights; open area and flood plain regulation; coastal zoning;<br />

new towns; and regional, state, and national planning.<br />

601:684. RELIGION AND THE LAW (3)<br />

Dane<br />

An inquiry into the interplay <strong>of</strong> religion and government. Course<br />

focuses on the Free Exercise and Establishment Clauses <strong>of</strong> the First<br />

Amendment to the Constitution. Among other topics on the<br />

agenda are nonconstitutional aspects <strong>of</strong> the law’s treatment <strong>of</strong> religion<br />

(including questions <strong>of</strong> taxation, zoning, and corporate identity)<br />

and a “mirror image” look at how various religious traditions<br />

define the role <strong>of</strong> secular authority.<br />

601:612. REMEDIES (2 OR 3)<br />

Hyland<br />

Course deals primarily with restitution, both as an independent<br />

source <strong>of</strong> substantive obligations (on a par with contract and tort)<br />

and as an alternative remedy for tort, breach <strong>of</strong> contract, and statutory<br />

violations. Restitutionary remedies at law and in equity are considered,<br />

allowing for comparisons to be made between restitution<br />

and damages and restitution and specific performance. Students<br />

interested in remedies also are recommended to take Equity.<br />

601:617. SECURITIES REGULATION (2 OR 3)<br />

Beckerman, Cole, Dennis. Pre- or corequisite: Business Organizations or<br />

permission <strong>of</strong> instructor.<br />

Surveys regulation <strong>of</strong> initial distribution <strong>of</strong> securities by issuers<br />

and secondary distribution under the Securities Act <strong>of</strong> 1933 and the<br />

State Blue Sky <strong>Law</strong>s. Examines securities fraud actions under the<br />

1933 Act; broker-dealer and market regulation under the Securities<br />

Exchange Act <strong>of</strong> 1934; and the Investment Advisors Act <strong>of</strong> 1940.<br />

601:707,708. SENIOR RESEARCH (1 OR 2)<br />

Individual research under the guidance <strong>of</strong> a faculty member on<br />

a topic approved by the faculty committee on petitions. Students<br />

are encouraged to develop specific interests in detail through senior<br />

research. Students register for Senior Research for the upcoming<br />

term at the same time that they register for other courses and<br />

seminars, but they must submit to the committee a written description<br />

<strong>of</strong> the topic for advance approval before the registration<br />

process begins.<br />

601:624. SEX DISCRIMINATION AND THE LAW (3)<br />

Freedman<br />

Examines the law as a cause <strong>of</strong> and as a remedy for sex discrimination.<br />

Considers problems <strong>of</strong> sex discrimination in historical, economic,<br />

sociological, and political contexts. Topics include<br />

constitutional law; reproduction and sexuality; employment, family<br />

and property law; and criminal law. Considers litigation and<br />

legislation as tools for the elimination <strong>of</strong> sex discrimination, with<br />

emphasis on lawyering skills and strategic concerns.<br />

601:608. SMALL BUSINESS COUNSELING (3)<br />

Kothare. Prerequisite: Business Organizations. Note: Contrary to prior published<br />

policy, students may take this course and Business Planning. This course meets in<br />

a two-hour block once a week. Students in the course also must be available at<br />

times other than the scheduled class hours to meet with clients, classmates, and the<br />

instructor. Many meetings typically are scheduled in the late afternoon or early<br />

evening, but students need to be flexible to accommodate the schedules <strong>of</strong> their<br />

clients and the instructor. Students who do not have this flexibility in their schedules<br />

should not register for the course.<br />

Focuses on representing the small business client, especially<br />

the new business. Has a clinical component and a simulation component.<br />

Under the supervision <strong>of</strong> the instructor, students advise<br />

clients <strong>of</strong> the <strong>Rutgers</strong>’ <strong>School</strong> <strong>of</strong> Business Small Business<br />

Development Center. <strong>The</strong> advising includes an initial interview,<br />

research as necessary, drafting, and counseling. A team <strong>of</strong> two students<br />

interviews each client, consults with the instructor, counsels<br />

the client, and drafts appropriate documents. Students also engage<br />

in simulations typical <strong>of</strong> the attorney for the small business, such as<br />

evaluating and implementing the form <strong>of</strong> organization, participating<br />

in the development <strong>of</strong> a business plan, and drafting agreements.<br />

Both components provide opportunities for reflection on<br />

business lawyering, including issues <strong>of</strong> legal, business, and personal<br />

ethics; the social function <strong>of</strong> the business lawyer; and lawyerclient<br />

relations.<br />

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