All Course Descriptions
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.
The course, which is often called "private international law," involves examination and analysis of rules, approaches, and policies that determine which law, substantive and procedural, applies to transactions and events that touch more than one state, nation, or other jurisdiction. The central focus for study is "choice of law," but other areas include recognition of foreign judgments and jurisdiction.
Real estate transactions are an important and growing conservation strategy; examines land transactions within the environment of conservation. (Once a year)
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.
A continuation of Constitutional Law I, with special emphasis on due process, equal protection, and freedom of expression. This course examines core concepts of fairness and focuses particularly on racial and gender discrimination and the varied relationships between individual freedoms and the state. Pre: Constitutional Law I (LAW 533).
Prerequisites/Recommended
Seminar considers the impact of racism on American law and ways that individuals trained as lawyers might combat racism in our culture and within the institutions in which we live and work. Pre: 533. (Once a year)
Prerequisites/Recommended
Hands-on workshop class in drafting contracts, agreement, and similar documents for commercial/business purposes.
Law of private agreements. Focuses on common law doctrines with some attention to key Uniform Commercial Code provisions. Examines the bases of promissory liability, contract formation, defenses to enforcement, contract interpretation, breach, and remedies. (Fall only)
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.
Continuation of 509. Pre: 509.
Prerequisites/Recommended
The course examines tax aspects of the formation, operation, reorganization, and liquidation of closely held corporations and partnerships. This course is geared to the non-specialist. Pre: Federal Income Taxation (LAW 567)
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This course is designed to provide students with an understanding of the basic financial concepts and tools that are important for lawyers with transactional practices. Among the topics covered are valuation of businesses, legal rights of holders of various types of securities (including bonds, preferred stock, common stock and convertible securities), factors relating to the payment of dividends, and overall principles guiding the determinants of capital structures. Pre or Con: Business Associations (Law 531) or Instructor’s consent.
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 course uses the current United States Supreme Court docket to engage in an in-depth study of vital contemporary and statutory rights claims in the area of civil rights and civil liberties law.
Prerequisites/Recommended
This course introduces you to the law governing the relations between debtors (those who owe) and creditors (those to whom obligations are owed). We will begin by reviewing non-judicial debt collection practices and limitations and judicial state law debt collection (this review will build upon concepts introduced in Secured Transactions). We will then study the Federal Bankruptcy Code, first examining overriding concepts and policies, then consumer bankruptcy cases. We will also consider, throughout the course, how parties and their attorneys can (and indeed must) take the effects of debtor/creditor laws into account in (i) counseling clients, (ii) negotiating, documenting and performing contracts, (iii) reducing risk, and (iv) resolving disputes with and without litigation. Recommended: Secured Transactions (LAW 554)
Prerequisites/Recommended
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
Students perform research and write papers on selected legal topics or problems under the direction of a faculty member.
Examination of the history of U.S. and Hawai'i sea-use law; comprehensive coverage of modern issues concerning the use of the sea including special Hawaiian problems. Repeatable one time.
Students in this clinic work under the direction of an elder law specialist in assisting Hawaii’s senior citizens in a variety of legal areas including public entitlements, estate planning, living wills, elder abuse, etc. The course typically does not involve litigation, but rather the delivery of other kinds of legal services and education to the elderly. Rec. Law, Aging & Medicine (LAW 521).
Prerequisites/Recommended
Students who participate actively in this course will: (1) acquire substantive knowledge and practice legal training in a vital area of Native Hawaiian and environemental law; (2) gain advanced insight into the realities of the adjudicatory process and strategic litigation, applicable to all types of public interest, Native Hawaiian, and environmental litigation; (3) learn about the law and politics of water resource management in Hawai'i, from substantive legal, practical and theoretical perspectives; and (4) hone their critical thinking skills.
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
Modern businesses and industries are heavily regulated by a myriad of federal and state environmental laws. Ensuring compliance with these important and complex laws is a critical function of corporate law today and can have far-reaching positive impacts on the environment. Conversely, failure to comply with these laws and their accompanying regulations can lead to serious civil and criminal penalties. This course covers the environmental regulatory structure that impacts businesses and explores the compliance issues that arise under the statutes, regulations, and case law.
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.
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.
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.
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.
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.
This seminar, which focuses on environmental litigation and citizens suits in particular, is a practical, lively course that synthesizes statutory and case analysis, legal research and writing, oral advocacy, lawyering skills, topical natural and cultural resource management issues, and legal strategy. In addition to drafting legal pleadings based on a hypothetical situation, students will have the opportunity to argue their case in court. Students who participate actively in the course will: (1) acquire substantive knowledge and practical legal training in a vital area of environmental law, specifically environmental enforcement and citizen suit litigation and defenses to such suits; (2) gain advanced insight into the realities of the adjudicatory process and strategic litigation, applicable to all types of public interest litigation; and (3) learn about the in-and-outs of the federal and state litigation process, from both substantive legal and practical perspectives.
Prerequisites/Recommended
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.
In this workshop students will devise estate plans for hypothetical clients involving wills, revocable and irrevocable trusts, insurance, class gifts, charitable transfers, and powers of appointment. Pre: Trusts and Estates (LAW 552), Fed. Income Tax (LAW 567).
Prerequisites/Recommended
"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.
Designed for students accepted to participate in an exchange program while enrolled at the William S. Richardson School of Law. Must obtain prior approval for the transfer credits.
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.
A practical introduction to the law governing the formation, maintenance, and dissolution of the family. Topics include marriage, annulment, divorce, alimony, property division, marriage agreements, and child custody. The course focuses on Hawai`i statutes and case law, within the context of common law and recent constitutional doctrine.
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
An examination of the jurisdiction and law-making powers of the federal courts, standing issues, appellate jurisdiction of the Supreme Court, federal-question and diversity-of-citizenship jurisdiction of the federal district courts, 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 on relevant Federal Rules of Civil Procedure. Pre: 533 (or concurrent).
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)
This course examines the ways in which international law and domestic legal systems address the rights of women, gender roles, and gender identity. The course uses comparative approach with an emphasis on case studies from the Asia-Pacific region.
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.
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.