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COURSE DESCRIPTIONS

SAMPLE COURSE DESCRIPTION

COURSE NUMBERING SYSTEM

GENERAL EDUCATION DESIGNATION

DEPARTMENTS OFFERING DIVERSIFICATION COURSES

Law (LAW)

School of Law

LAW 501 Pre-Admission Seminar (V) Special seminar for pre-admission program students designed to develop analytical, research and communications skills in the context of the substantive law courses in which they are concurrently enrolled. Credits in this seminar do not count toward requirements for the JD degree. CR/NC only.

LAW 502 Pre-Admission Seminar (V) Special seminar for pre-admission program students designed to develop analytical, research and communications skills in the context of the substantive law courses in which they are concurrently enrolled. Credits in this seminar do not count toward requirements for the JD degree. CR/NC only.

LAW 503 Wildlife and Natural Resources Law (V) Seminar covering federal and Hawai‘i laws that govern the management of wildlife resources, with a particular focus on wildlife conflicts arising in Hawai‘i.

LAW 504 Legal Method Seminar (3) Development of lawyering skills with special emphasis on legal research, argument, writing, and the psychological and ethical dimensions of lawyering.

LAW 505 Appellate Advocacy (2) Appellate brief writing and oral advocacy. Pre: 504.

LAW 506 Legal Research (1) This course introduces students to the process and resources of legal research. Students will be introduced to print and electronic resources. Classroom sessions and library exercises help students develop the strategies and skills to become effective researchers.

LAW 507 Employment Discrimination (3) A study of the law of employment discrimination.

LAW 508 Negotiation and Alternative Dispute Resolution (V) Lawyers negotiate settlements in almost all their cases. This class presents a “hands-on,” skill-building approach to the newest ideas, as well as centuries-old techniques, about the skill lawyers will use most often in their private practice - negotiation. The class also examines the rapidly developing field of alternative dispute resolution (ADR), including mediation, facilitation, arbitration, and court-annexed ADR. (Cross-listed as CEE 614)

LAW 509 Contracts I (3) Law of private agreements. Explores the evolution and application of common law doctrines, and, where applicable, relevant provisions of the Uniform Commercial Code. Examines the bases of promissory liability, contract formation, mutual assent, defenses to enforcement, excuses, remedies and damages, and the rights and interests of third parties. Attention will be paid throughout the course to the role of contracts in a market society and the conflicting interests of certainty, freedom of contract and fairness. Fall only.

LAW 509L Contracts Tutorial I (1) Pre-admission program course. CR/NC only.

LAW 510 Contracts II (3) Continuation of 509. Pre: 509.

LAW 510L Contracts Tutorial II (1) Continuation of 509L. Pre: 509L.

LAW 511 Professional Responsibility (V) Introductory consideration of selected topics relating to functions, structure, and responsibilities of the legal profession and its future role in society. CR/NC only.

LAW 512 Environmental Compliance and Regulated Industries (V) In depth study of the federal and state environmental laws that impact modern businesses and industries, and exploration of the compliance issues that arise under the statutes, regulations and case law.

LAW 513 Criminal Justice (4) Examination of substantive rules, enforcement procedures, and rationales of criminal law in the United States.

LAW 514 Law and Society in Japan (V) An extended historical review of the foundations of Japanese law in society: Japan’s adoption and adaptation of Chinese legal doctrines, continental European legal structures and ideas, and American influences. Consideration of the structure of contemporary law in Japan: a look at the various players in the legal system, some important legal doctrines, and the real-world operation of Japan’s laws today.

LAW 515 Business Reorganization in Bankruptcy (V) Examination of the rights and remedies available to a failing business and its creditors when the business seeks to reorganize its business and financial affairs under chapter 11 of the federal bankruptcy code. The course is structured as a “practicum,” which tracks a single business through restructuring and emphasizes the practical and strategic aspects of lawyering. Pre: 554 (or concurrent). Recommended: 562.

LAW 516 Civil Procedure I (3) Study of pre-trial, trial, and appellate procedures in the federal and Hawai‘i courts.

LAW 516L Civil Procedure Tutorial I (1) Pre-admission program course. CR/NC only.

LAW 517 Civil Procedure II (3) Continuation of 516. Pre: 516.

LAW 517L Civil Procedure Tutorial II (1) Continuation of 516L. Pre: 516L.

LAW 518 Real Property I (V) Basic course in property ownership, development, regulation. Emphasis on theory.

LAW 519 Real Property II (3) Contract of sale, equitable conversion, deed. Pre: 518.

LAW 520 Advanced Legal Studies (V) Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise. Recent topics have included Gender and Law, Indigenous People’s Rights, and Art and Law.

LAW 521 Elder Law (V) Introduction to the myriad legal issues that confront the elderly in our society such as age discrimination, elder abuse, estate planning, entitlement to government benefits, guardianship alternatives to guardianship and health care decisions, including end-of-life decisions.

LAW 522 Torts I (2) Introduction to law, policy of civil recovery for injury, process of tort law application.

LAW 523 Torts II (3) Continuation of 522. Intentional torts, nuisance, defamation, privacy, and misrepresentation. Pre: 522.

LAW 524 Advanced Torts and Insurance Law (V) Advanced study of several areas of tort law and an introduction to insurance law and policy. This course is of considerable importance to students interested in civil litigation and personal injury law. Recent important developments in Hawai‘i tort and insurance law will be included.

LAW 525 Business Planning (2) This course integrates corporate, business and securities law principles and practices with an introduction to corporate and partnership taxation. Pre: 531. Recommended: 567. Spring only.

LAW 526 Group Directed Study (V) Designed for maximum flexibility, this course allows a professor to work with a small number of students on a reading/discussion project of mutual interest. Pre: consent.

LAW 527 Topics in Environmental Law (V) An entry-level course focusing on current topics and developments in environmental law.

LAW 528 International Environmental Law (V) Study of the international regulation of activities and processes used to prevent environmental degradation and to preserve resources of environmental value. Pre: 585 (or concurrent).

LAW 529 Environmental Litigation Seminar (2) Seminar on the techniques, law, and strategy involved in federal and state court environmental litigation.

LAW 530 Second-Year Seminar (4) Seminar required for spring semester of all second-year law students. Substantial paper required. Topics announced in previous fall semester. Placement by lottery.

LAW 531 Business Associations (V) After a brief survey of agency, partnerships, and other forms of business organization, the course will cover the fundamentals of corporations, and securities regulation, including disregarding the corporate entity, management and control of closely held corporations, merger, liability under the federal securities laws, takeovers, public registration, exemptions, and derivative suits.

LAW 532 Health Law (3) Introduction to medical jurisprudence, medical malpractice, informed consent, health care decisions, medical ethics, the health care industry, managed care, financing health care, and the role of government in health care.

LAW 533 Constitutional Law I (3) Introduction to judicial function in constitutional cases, jurisdiction of the U.S. Supreme Court, and discretionary barriers to judicial review.

LAW 534 Constitutional Law II (3) Advanced course in constitutional law with special emphasis on rights secured by the First, Fifth, and Fourteenth Amendments to the Constitution of the United States. Pre: 533.

LAW 535 Intellectual Property (3) A study of the law relating to property rights resulting from intellectual effort, including patents, copyright, trademarks, and trade secrets. While the course attempts to provide a unified background in theory and policy for all fields of intellectual property, it emphasizes areas of importance to the general practitioner. Accordingly, the doctrines and policies of the patent system are studied primarily for the light they shed upon the nature of intellectual property protection as a whole and upon the interaction between federal and state law.

LAW 536 (Alpha) Moot Court Team (1) An honors program for students who prepare for and compete in national advocacy. Repeatable one time. CR/NC only. (C) client counseling team; (E) environmental law moot court team; (H) Native American moot court team; (J) Jessup international moot court team; (O) other. Pre: selection by competition.

LAW 537 Moot Court Board (1) An honors program for students who organize the Fall semester intramural Moot Court competition, serve as teaching assistants to Appellate Advocacy professors in the Spring, and assist in the Moot Court program. CR/NC only.

LAW 538 Conflict of Laws (3) Problems respecting the law applicable in transactions or to relationships with elements in more than one state.

LAW 539 Remedies (V) This course principally examines both practice aspects and theoretical underpinnings of equitable remedies. Frequently, compensatory damages cannot adequately protect clients or provide them with the relief they need. Topics include temporary restraining orders, preliminary and permanent injunctions, restitution and unjust enrichment, specific performance, and equitable defenses such as unclean hands, laches, and estoppel. Practice issues concerning appeal, jury trials, and the relationship of equity to law are also explored.

LAW 540 Hazardous Waste Law (2) Examination of major federal statutes, regulatory and case law, and Hawai‘i counterparts. Policies behind hazardous waste laws and their impact on individuals, community, and businesses.

LAW 541 Criminal Procedure (3) Issues of free press and fair trial, illegal search and seizure, arrest and confession, speedy trial, double jeopardy are covered through student interactions as defense or prosecution attorneys and as judges.

LAW 542 Advanced Civil Procedure (V) Addresses various aspects of complex litigation and recent criticism of the civil litigation system itself. Theoretical in emphasis. Developed from two directions: (1) a study jurisprudential material concerning adversarial dispute resolution, the substance/procedure dichotomy and value-identification; and (2) in-depth analysis of procedural aspects of complex cases with special focus on new procedural rules aimed at reducing waste and delay.

LAW 543 Evidence (V) “Objection, your Honor!” This course examines the rules of evidence that govern trials in both federal and Hawai‘i courts and will focus on such topics as hearsay, witness examination, impeachment, physical and demonstrative evidence, expert testimony, writings, relevance, judicial notice, and presumptions.

LAW 544 Race, Culture, and Law (V) U.S. cases and legal theory emphasizing law in the social construction of racial categories, shifts in race-based anti-discrimination law, and the interaction of culture and law in judicial decision-making. Repeatable.

LAW 545 Law Review (1) Students selected for the Law Review editorial board have responsibility for editorial research, writing, and production of the Law Review published by the School of Law. CR/NC only.

LAW 546 Asian-Pacific Law Journal (1) Students selected for the Asian-Pacific Law and Policy Journal editorial board have writing, researching, editorial and production responsibility for publication of the Journal. Repeatable five times. CR/NC only.

LAW 547 Gender and Law (2) This course will apply legal analytic skills to materials showing the ways in which Anglo-American legal traditions and systems deal with women and women’s roles, examining how society views women and women’s roles, and how that view affects the ultimate de jure and de facto legal status of women comparing with other legal cultures in Asia, the Pacific, and Hawai‘i where appropriate. Repeatable one time. Pre: 533.

LAW 548 Immigration Law (2) An introduction to U.S. Immigration and Nationality Law: a brief overview of historical development of immigration law; analysis of exclusion and deportation grounds and remedies; the study of both immigrant and nonimmigrant visa applications and petitions. Current law on asylum and refugee applications and U.S. citizenship and naturalization requirements.

LAW 549 Admiralty Law (3) Introduction to U.S. maritime law and admiralty jurisdiction emphasizing development of rules of maritime law and rights of seamen and maritime workers.

LAW 550 Corporate and Partnership Taxation (3) Examines tax aspects of formation, operation, reorganization, and liquidation of partnerships and corporations. Pre: 531, 567.

LAW 551 Estate and Gift Taxation (V) Students learn the basic rules of transfer taxation including those found in Chapters 11 (Estate Taxes), 12 (Gift Taxes), 13 (Generation Skipping Taxes), and 14 (Special Valuation Rules) of the Internal Revenue Code. Also, popular tax-oriented estate planning strategies are reviewed and applied to hypothetical facts. Pre: 2nd year law standing, 552; or consent. (Alt. years)

LAW 552 Trusts and Estates (V) The course deals primarily with the disposition of family wealth including: the making of wills; the creation, enforcement, administration, and termination of trusts; and intestate succession, including probate. Attention is focused on Hawai‘i practice and procedure, and particularly on practice under the Uniform Probate Code.

LAW 554 Secured Transactions (V) Introduction to Uniform Commercial Code, particularly Article 9—reducing risk of nonpayment by obtaining an interest in borrowers’ property.

LAW 555 (Alpha) Externship (V) Legal work for judges and attorney supervisors in public agencies, private law firms, and the legislature. (H) Hawai‘i; (P) Pacific. CR/NC only. Pre: consent.

LAW 556 Asian Comparative Labor Law (3) Area studies of Asian legal systems and issues, focusing on administration of Asian labor laws in a comparative context. Possible effects on foreign direct investment and foreign migrant contract workers. Comparison of Chinese, Japanese and other legal approaches in dealing with common issues. Required research paper in lieu of examination.

LAW 557 Negotiable Instruments, Payment Systems and Credit Instruments (2) A study of the Uniform Commercial Code provisions that deal with commercial paper (Article 3), bank collections and deposits (Article 4), funds transfers (Article 4A) and letters of credit (Article 5), as well as material on alternative payment systems, including credit cards, electronic fund transfers and related federal law.

LAW 558 Corporate Finance (V) This course provides an understanding of the basic financial concepts and tools for lawyers with transactional practices, preferred stock, common stock and convertible securities. Pre: or Concurrent: 531 or consent.

LAW 559 Labor Law I (3) Regulation of union-management relations under state and federal laws.

LAW 561 Administrative Law (3) Procedure and remedies for resolving controversies between citizens and government officials exercising administrative power.

LAW 562 Debtors’ and Creditors’ Rights (V) Bankruptcy laws and rules, laws of liens, receiverships. Pre: 554 or consent.

LAW 563 Trial Practice (2) Examination of sequential stages of pre-trial and trial practice in a problem setting. Topics include investigation, pleadings, motions, discovery, voir dire examination, opening statements, direct and cross examination, closing argument, selected evidentiary problems, post-trial motions, and appellate practice. Students engage in simulated exercises, and their work is critiqued. CR/NC only. Pre: 543 or consent.

LAW 564 Pre-Trial Litigation (2) Theory and practice of civil pre-trial litigation with focus on pleading, discovery, and pre-trial motions. CR/NC only.

LAW 565 Securities Regulation (V) This course is an introduction to American securities regulation and focuses on the registration and reporting process required of public companies as well as securities litigation. Repeatable three times. Recommended: 531. Fall only.

LAW 567 Federal Income Taxation (V) An introduction to the federal income taxation of individuals. The tax consequences of a variety of common transactions are explored, but primary emphasis is given to the theory and policy considerations that underlie specific rules. Students are expected to develop proficiency in the use of the Internal Revenue Code and Treasury Regulations.

LAW 568 Family Law (3) Legal forms of—and responses to—formation, maintenance, and dissolution of the family. Marriage, annulment, divorce, alimony, separation agreements, child custody and adoption, parentage.

LAW 569 Sales (V) In-depth study of Uniform Commercial Code, Article 2—domestic sales of goods, including warranties, manner, time and place of performance, buyers’ and sellers’ remedies for breach of contract, limitations of freedom of contract.

LAW 570 Introduction to American Law (V) General introduction to the fundamental principles and distinctive aspects of the American legal system and its institutions. Pre: LL.M. students only. C/NC only. Fall only.

LAW 571 Federal Courts (3) An examination of the jurisdiction and law-making powers of the federal courts, including standing issues, the appellate jurisdiction of the Supreme Court, the federal-question and diversity-of-citizenship jurisdiction of the federal district courts, the immunities from suit in the federal courts possessed by governmental entities and officers, intervention by federal courts in state proceedings, and choice of law in the federal courts. Particular emphasis is placed on relevant Federal Rules of Civil Procedure. Co-requisite: 533.

LAW 572 International Protection of Human Rights (V) The growing body of international human rights laws, including procedural law and role of non-governmental organizations.

LAW 573 Jurisprudence (3) Relationships between the concepts of law and morality with views of legal and moral philosophers.

LAW 574 State and Local Government Law (3) City, town, county, district governments: administrative organization; regulatory powers; police power; local governmental taxation; relationship between local, state, and federal government.

LAW 575 Topics in International Legal Studies (V) Selected topics presented by faculty members or visiting scholars, focusing upon subjects in the Pacific and Asian area. (C) China; (J) Japan; (K) Korea; (P) Pacific; (S) Southeast Asia.

LAW 576 Directed Study and Research (V) Individual research and writing under the direction of faculty.

LAW 577 U.S. – Japan Business Transactions (V) Focus on the legal environment facing foreign businesses operating in Japan. Includes consideration of the business environment and culture, issues relating to governmental oversight, contract consciousness, corporate law, and dispute resolution. Uses the example of an actual joint venture between an American and a Japanese company as a tool for studying the relevant issues from a practical perspective.

LAW 578 Chinese Business Law (V) Introduction to business and commercial law in the People’s Republic of China. After a brief overview of China’s political and legal systems, the course will examine basic areas of domestic business legislation, including torts, property, and contract law, the regulation of private business, the reform of state enterprises, the development of company and securities laws, and the regulation of land-use and other property rights. More specialized topics, such as arbitration and dispute resolution, the Chinese approach to intellectual property issues, or the use of joint ventures and other foreign investment vehicles, may also be included.

LAW 579 International Business Transactions (V) An examination of the law, rules, and practices relating to transborder commercial transactions. Roughly half of the semester focuses on international sales transactions, the remaining portion focuses on domestic and multinational governance of the international business arena. Repeatable one time.

LAW 580 Land Use Management and Control (3) Survey course of public land use management.

LAW 581 Native Hawaiian Rights (V) Status and evolution of rights of native Hawaiians to the land and its usufructs. Potential of utilizing native rights based on statute, custom, and use to fashion new and expanded rights.

LAW 582 Environmental Law (3) Basic policy questions and problems concerning environment. Examination of federal and Hawaiian statutes. Focus on environmental problems of Hawai‘i.

LAW 583 Real Estate Development and Financing (V) Federal and state laws in the practice of real estate development and financing law. Condominium, securities, subdivision, consumer protection, and mortgage areas. Pre: 519.

LAW 584 Civil Rights (2) This course focuses on the civil rights of Americans and introduces alternative remedies and procedures for securing these rights.

LAW 585 International Law (3) Evolving process of formulating rules to govern nations and peoples of the world in their attempts to solve problems recognized as requiring global solutions.

LAW 586 Law and Society in China (V) Overview of the historical foundations of Chinese law and introduction to the present legal system in the People’s Republic of China.

LAW 587 Asian Comparative Law (3) Introduction to the civil law tradition, particularly as exemplified by the legal systems of East and Southeast Asia. After a brief review of comparative law study and the historical development of the civil law, the course will examine the structure and role of the courts, judicial process, the legal profession and constitutional law and administrative law in Western Europe and in the Asian civil law countries.

LAW 588 Legal Aspects of Water Resources and Control (2) Legal aspects of water and water rights with focus on Hawai‘i.

LAW 589 Labor and Employment Law (3) Employment law, statutory rights affecting the employment relation, and alternative contract provisions to secure the parties’ intentions. Focus on the practical application of labor and employment law. Materials relating to the unionized employment relationship. Emphasis on the labor arbitration process and possibly, to issues regarding internal union affairs.

LAW 590 (Alpha) Workshops and Clinics (V) (B) prosecution clinic; (C) defense clinic; (D) elder law clinic; (E) environmental law clinic; (G) estate planning workshop; (H) legal aid clinic; (I) native Hawaiian rights clinic; (J) family law clinic; (M) mediation clinic; (N) lawyering skills workshop; (P) mediation workshop; (Q) immigration clinic. Repeatable for (I) only. CR/NC only for (N), (P) and (Q). Pre: 543 for (B) and (C); 521 or consent for (D); 529 or 561 or 582 for (E); 552 and 567, or consent for (G); 568 or consent for (J); 548 for (Q). Fall only for (N).

LAW 591 Government Contracts Law (3) Introduction to Government Contracts Law is a primer on statutory, regulatory, and decisional laws that shape the government procurement process. This course covers contract relationships between private party contractors and Federal, State, and local governments. This course examines the federal acquisition process, bids and proposals, and contract award controversies before judicial and administrative tribunals. This course reviews socioeconomic contracting provisions and programs and Qui Tam litigation. Spring only.

LAW 592 Domestic Ocean and Coastal Law (3) Examination of the history of United States and Hawai‘i sea-use law; comprehensive coverage of modern issues concerning the use of the sea including special Hawaiian problems.

LAW 593 International Ocean Law (2) Examination of the history of international sea- use law, including comprehensive coverage of modern problems and issues concerning the use of the sea among nations. Repeatable one time.

LAW 594 Pacific Islands Legal Systems (V) Study of substantive rules of one or more Pacific Islands jurisdictions, development of legal systems, relationship of legal systems to culture and tradition.

LAW 595 Internet Law and Policy (3) This course is a primer on the impact of the development and use of new technologies on global business and social culture. E-commerce, telecommunications, information technology, government regulation, and social policy have all been brought together by the use of the Internet. The revolutionary medium of the Internet has required legal practitioners to reassess the applicability of current laws and policies that protect and govern members of the global community. This class will explore the legal implications of the new global economy, copyright law in cyberspace, e-commerce, privacy, security, trademarks, domain names, tort liability, criminal activity, regulation in cyberspace, speech, and social and ethical issues.

LAW 596 International Intellectual Property (V) International Intellectual Property is a primer on the World Intellectual Property Organization and the treaties it administers. The course will explore the various international legislative and judicial developments in intellectual property as well as analyze international methods to harmonize several regional and national laws to protect rights in trademarks, patents, and copyrights. In addition, students will be exposed to issues of territoriality and jurisdiction, international antitrust issues, and international dispute resolution, and human rights implications of international intellectual property rights protections.

LAW 597 The Judicial Process (1) This course is designed for students considering an externship with a judge or students interested in pursuing a judicial clerkship upon graduation. The course will examine the unique role of the judge in the American legal system as well as the role played by the extern or law clerk.