Fall 2013 Course Descriptions
An introduction to United States maritime law and admiralty jurisdiction emphasizing development of rules of maritime law and rights of seamen and maritime workers. Considers maritime liens, charter parties, salvage, collision, general average and limitation of liability, and developments relating to protection of the marine environment.
Introduction to ERISA Law
The protections afforded by ERISA, or the Employee Retirement Income Security Act of 1974, to participants and beneficiaries of employer-sponsored pension and health and welfare plans affect most working individuals. This is largely due to ERISA's nondiscrimination requirements and corresponding Internal Revenue Code provisions. This course will provide an introductory framework for understanding the origins, purposes, and operation of ERISA.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise. (B) topic 1; (C) topic 2; (D) topic 3; (E) topic 4; (F) topic 5; (G) topic 6; (H) topic 7; (I) topic 8; (J) topic 9; (K) topic 10; (M) topic 11; (N) topic 12; (O) topic 13; (P) topic 14; (Q) topic 15.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise.
Introduces conceptual and historical foundations of systems of public and private ordering in the United States and its territories and explores the roles of lawyers and the legal system in social and political change. Supports participants as they adjust to the law school experience and seeks to sustain their connections with the communities they aim to serve and the aspirations that motivated them to study law.
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 four times. CR/NC only.
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.
Exploration of fundamental concepts of law relating to children, ethical issues, and the role of lawyers in assisting children, and how the child's rights and obligations are balanced with those of parents and state. (Once a year)
A study of pre-trial, trial, and appellate procedures in federal and Hawai‘i courts. Subjects considered include jurisdiction and the relationship between such courts, the relationship between procedural and substantive law, pleading and joinder, discovery, jury trial and the role of the judge, verdicts and motions after verdict, judgments and their enforcement, and appellate review.
An honors program for students who prepare for and compete in national advocacy. Travel/Registration Fees required. (B) Black Law Students Association; (C) Client Counseling; (D) Hispanic Bar Association; (E) Environmental Law; (H) Native American; (J) Jessup International; (K) International Environmental Law; (M) Intellectual Property; (N) Labor; (O) Other. Repeatable one time. CR/NC only. Pre: selection by competition.
An introduction to the judicial function in constitutional cases that deals primarily with separation of powers and federalism issues. In addition to structural matters within the federal constitution, the course focuses on judicial review in economic and social contexts.
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.
An examination of substantive rules and rationales of the criminal law. The course begins with a survey of criminal procedure from arrest through sentencing. Study of the criminal sentencing process raises important jurisprudential questions about the purposes and efficacy of criminal sanctions as a response to officially proscribed behavior. The heart of the criminal justice course is the study of general principles of American criminal law, including culpability criteria, the mental element in crimes, and definitional ingredients of crimes such as murder, rape, attempt, and conspiracy. The focus is on the Hawai‘i Penal Code, supplemented with comparative materials drawn from the common law and from the law of several Asian nations. Consistent with overall objectives of the first year of law study, the imparting and sharpening of general legal analytical skills is emphasized throughout the criminal justice course.
This course focuses on constitutional criminal procedure, with emphasis on fourth, fifth, and sixth amendment issues. In addition to search and seizure, interrogations and confessions, and right to counsel, the course addresses jury issues, including pretrial publicity in high profile cases, and issues such as indictments, plea bargains, and other pre-and post-trial procedural matters.
This class teaches litigation skills through the representation of indigent criminal defendants. Students appear in court and try real cases. After classroom lectures, discussions and simulations, students defend people charged with misdemeanor cases. Deputy Public Defenders teach this course and provide the in-court supervision on the cases. The classroom component meets throughout the semester. Pre: Evidence (LAW 543).
Prerequisites/Recommended
A study of the law of employment discrimination.
Students develop effective business models for fledgling businesses that comport with all legal requirements. Students will be exposed to entrepreneurial thought and decision making.
Through this clinic, students will have the opportunity to hone their legal skills, including analyzing legal issues, developing and implementing case strategy, collaborating with clients, refining factual and legal research, and writing persuasively. Initial classes will be spent reviewing relevant state and/or federal laws relating to natural and cultural resource management. Students will then work in teams to assist clients on a range of issues. The primary work product will be legal memoranda, although students may also prepare pleadings, comment letters, or oral or written testimony. In order to facilitate that work, client interaction and site visits to affected resources and communities are highly encouraged. When a project is completed, students will have the opportunity to present the final product to a client and/or their counsel. Pre: Environmental Law (LAW 582) or Administrative Law (561). These classes may be taken concurrently.
Prerequisites/Recommended
The explosion of environmental laws since the early 1970s has dramatically impacted business, government, and private individuals. The tentacles reach into almost all areas of law: from bankruptcy to tax, from land transactions to corporate structuring. This course introduces students to a smorgasbord of federal environmental laws, including endangered species, environmental impact statements, air and water pollution, and solid/hazardous waste control. This course provides the fundamentals for those interested in other environmental law courses, students pursuing environmental law careers, as well as students curious about this important field of law.
An honors program for students who prepare for and compete in national advocacy. Travel/Registration Fees required. (B) Black Law Students Association; (C) Client Counseling; (D) Hispanic Bar Association; (E) Environmental Law; (H) Native American; (J) Jessup International; (K) International Environmental Law; (M) Intellectual Property; (N) Labor; (O) Other. Repeatable one time. CR/NC only. Pre: selection by competition.
This course focuses on specific topic areas that will vary from year to year, depending upon current developments and issues in environmental law in Hawaiʻi, nationwide, and internationally, as well as the expertise of visiting faculty. Topics in the past have included Hawaiʻi environmental law, environmental law and the military, wildlife law, and toxic waste issues.
"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.
The Externship Program offers significant academic benefits not otherwise available in the prescribed curriculum.
- Students are provided field experience by being “placed” in an outside supportive environment to learn the panoply of lawyering skills.
- Mentors create situations specifically designed to maximize new learning, to develop new skills and to encourage creativity.
- Students discover their own strengths and weaknesses through self-direction, as they apply skills and knowledge learned in the classroom, in semester-long peeks into the “real world.”
Credit/No Credit.
A semester “abroad” in the Pacific Island, Asian and out of Hawaiʻi jurisdictions, an off-island mirror of LAW 555H.
Extremely limited circumstances: This course should be considered only after approval from Exernship Director.
NOTE: No other Externship credits may have been previously earned or be earned in the future, for this program to be considered.
Graded on a credit/no credit basis.
This clinic teaches the practical aspects and issues encountered in the practice of family law. Students will apply what is learned by providing direct legal services to family law clients at the Legal Aid Society of Hawai`i. Pre or concurrent: Family Law (LAW 568) or instructor’s consent.
Prerequisites/Recommended
This course surveys the entire federal income tax system, with emphasis on those areas of greatest importance to lawyers who do not specialize in tax law. Students learn to spot problems and opportunities, and to develop proficiency in the use of the Internal Revenue Code and Treasury Regulations.
Examines Federal Indian Law, including fundamental concepts and the historical evolution of legal doctrines. Considers the implications of Native Hawaiian sovereignty within the framework of Federal Indian Law. (Once a year)
A primer on statutory, regulatory, and decisional laws that shape the government procurement process; covers contract relationships between private party contractors and federal, state, and local governments; examines the federal acquisition process, bids and proposals, and contract award controversies before judicial and administrative tribunals; reviews socioeconomic contracting provisions and programs and Qui Tam litigation.
Offerings have included Feminist Legal Theory, Chinese Law (in Chinese), and Civil Disobedience.
This course is an in-depth examination of the principal problems that lead to the conviction of the innocent and leading proposals for measures to reduce the number of wrongful convictions. The seminar will examine common errors or problems that produce wrongful convictions, the process for investigating a claim of actual innocence, state and federal post conviction procedures, and the nature and uses of DNA and other scientific evidence. Students work on actual post-conviction cases.
For more information visit the Hawai'i Innocence Project website
This course is an in-depth examination of the principal problems that lead to the conviction of the innocent and leading proposals for measures to reduce the number of wrongful convictions. The seminar will examine common errors or problems that produce wrongful convictions, the process for investigating a claim of actual innocence, state and federal post conviction procedures, and the nature and uses of DNA and other scientific evidence. Students work on actual post-conviction cases.
Introduction to health care jurisprudence and the study of bioethics, a term used generally to describe ethical issues in the life sciences as applied in professional fields, including medicine, nursing, philosophy, theology and law.
A brief overview of historical development of immigration law; analysis of exclusion and deportation grounds and remedies, as well as the study of the legal immigration system of both immigrant and nonimmigrant visa applications and petitions. The course also covers the current law on asylum and refugee applications and US citizenship and naturalization requirements.
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.
An examination of the evolving process of formulating rules to govern the transnational problems requiring global solutions. After looking at the United Nations and other international and regional organizations, students focus on: (a) the Law of the Sea negotiations, (b) the laws of war, (c) human rights, and (d) economic problems. Students examine both the substantive content of the current rules and the procedures by which they are being developed. Finally, the course examines the enforcement mechanisms and ways in which international law can be used in the courts of the United States.
This course is a general introduction to the fundamental principles and distinctive aspects of the American legal system and its institutions including basic concepts of American jurisprudence, including the case method, federal-state jurisdiction and the rules of precedent. This course will also introduce the American adversarial system, the role of the legal profession in the United States, legal methods, and the basics of library research. This course is graded on a credit/no credit basis and is limited to LLM students only.
An honors program for students who prepare for and compete in national advocacy. Travel/Registration Fees required. (B) Black Law Students Association; (C) Client Counseling; (D) Hispanic Bar Association; (E) Environmental Law; (H) Native American; (J) Jessup International; (K) International Environmental Law; (M) Intellectual Property; (N) Labor; (O) Other. Repeatable one time. CR/NC only. Pre: selection by competition.ion.
This course examines four contemporary themes in American jurisprudence: law and economics (law as efficiency), critical legal studies (law as politics), literary theory and deconstructive method (law as a text), and humanistic legal education. Law and economics and critical legal theory imply that the classical notion of law as a public morality is dead. Excerpts from the realist and anti-realist arguments in the philosophy of science and Ronald Dworkin’s recent Law’s Empire also will be used to debate the "death of law."
This course examines the American system of collective bargaining, its value, its process, and the substantive law which regulates it and the parties. Examination will include how and why unions are selected and the methods of employer resistance, the negotiation process, and the administration of the resulting collective bargaining contracts, including arbitration. The use of self-help devices such as strikes, picketing and boycotts also will be covered. The conduct of the process is regulated by the National Labor Relations Board which regulates conduct by controlling unfair labor practices and supervises elections for unions.
This is a survey course in public control of private use of land: how do state, local, and federal agencies regulate the land development process? Special emphasis is on constitutional issues (exclusionary zoning, regulations and exactions that may be "takings" of property under the federal Constitution), growth management, and innovative techniques such as impact fees, development agreements, and planned unit development. We will also cover zoning, subdivision and housing codes, state and regional land control statutes, together with those aspects of eminent domain, environmental, and public land management law affecting the use of private land.
This course is intended to provide students with an overview of the historical foundations of Chinese law as well as an introduction to the present legal system in the People's Republic of China. The first part of the course will survey classical legal theory, the administration of justice during the Qing dynasty and late Qing-Republican legal reforms. The second part will analyze the development of current PRC legal institutions (including the role of the judiciary and legal professionals) and then focus on key areas of recent PRC legislation: dispute resolution, the criminal process, family law and the status of women, and political rights. As a conclusion, comparisons will be drawn with the legal systems in Taiwan, Hong Kong and Singapore--what is uniquely Chinese about their development?