Required Courses
BUSINESS ASSOCIATIONS.
This course surveys the formation, management and dissolution of sole proprietorships, partnerships and corportations as well as other issues involved regarding liability of individuals, officers and the business itself. also introduced is federal securities law as it pertains to shareholder suffrage, proxy contests, hostile takeovers, and secondary securities transactions.
CIVIL PROCEDURE.
Civil Procedure examines the rules, principles, and procedures by which civil disputes are brought before and resolved by courts. Civil Procedure I will focus on civil pleading, available civil remedies, courts' subject matter and personal jurisdiction, and the interplay between state and federal substantive and procedural law. Civil Procedure II will emphasize joinder of parties and claims, class actions, discovery and disclosure, issues regarding the trier of fact, non-judicial alternatives to litigation, preclusion doctrines, and issues regarding appeal.
CONSTITUTIONAL LAW.
Constitutional Law I examines the nature, extent, and limits of powers delegated through the Constitution to the federal government, the role of the courts in the interpretation and enforcement of the Constitution, the role of Congress in legislating under the Constitution, and the role of the Executive in implementing national policy under the Constitution. The course examines the relationship of the federal government to the states, federal limits on state power, and constitutional limits on federal power.
Constitutional Law II is a study of the constitutional provisions guaranteeing individual rights and freedoms. The course considers the nature and source of human rights, and includes a study of the rights of freedom of speech, freedom of the press, and freedom of religion found in the First Amendment, the guarantee of due process and equal protection found in the Fifth and Fourteenth Amendments, and issues concerning the application of these protections to the federal government and to the states.
CONTRACTS.
The Contracts courses are a study of the history and development of the common law of contracts and statutory variances from the common law, particularly Article 2 of the Uniform Commercial Code. Although the order of coverage may vary somewhat from year to year and certain topics will be addressed in both semesters, Contracts I typically focuses on legal theories for enforcing promises or preventing unjust enrichment, and principles controlling the formation, modification and enforceability of contracts. Contracts II typically focuses on principles dealing with interpretation, performance, remedies for nonperformance or threatened nonperformance, excuses for nonperformance, rights of nonparties to enforce contracts, and assignment of rights and delegation of duties.
CRIMINAL LAW.
This course is an introduction to the substantive principles of criminal law. The course examines the elements of crimes in the common law and under modern statutes, together with the history and development of the criminal law, including the various theories of criminal responsibility.
EVIDENCE.
This course is the study of the presentation of proof before judicial and quasi-judicial tribunals giving rise to questions regarding the admissibility of evidence. These questions are studied in the context of the examination of witnesses, competency, privilege, relevancy, the hearsay rule, judicial notice, and the presentation of scientific and demonstrative evidence.
LEGAL RESEARCH AND WRITING.
In Legal Research and Writing I, students learn basic skills of legal research, writing, analysis, and citation. Students develop research strategies using federal and state codes, digests, secondary sources and on-line sources. Students then use those sources to write objective/predictive memoranda designed to teach legal analysis in progressively more difficult settings. The writing process requires the students to write multiple drafts and get extensive feedback throughout the process.
Legal Research and Writing II builds on the skills introduced in Legal Research and Writing I. Research skills are enhanced as the students learn to research loose-leaf services, court rules, constitutions, and administrative sources. The focus is on persuasive writing through the writing of court documents such as trial and appellate briefs. Students also participate in oral argument.
PROFESSIONAL RESPONSIBILITY.
This course considers the ethical responsibility of the attorney as contained in the ABA Code of Professional Responsibility, as well as typical ethics opinions from various jurisdictions. Topics covered include the dynamics of the lawyer-client relationship, the role of the lawyer as an officer of the court, and the concept of professionalism.
PROPERTY.
Property is a study of the fundamental precepts applicable to real and personal property. Aspects of real property covered are possessory estates, including non-freehold estates; the rights, duties and liabilities arising from the landlord-tenant relationship; significance of the Statute of Uses and its effect on modern conveyancing; future interests and trust; requirements of recording statutes; title search; and title registration. Aspects of personal property covered are possession and title; the law of finders; adverse possession, bailments and gifts; liens, pledges and bona fide purchasers; and satisfaction of judgments. (Fall, Spring)
REMEDIES.
This course is the study of the law of judicial remedies, both legal and equitable, focusing on the nature and scope of relief, as distinguished from substantive and procedural law. The four major categories of remedies addressed are damages, restitution, injunctions, and declaratory relief. Also addressed are ancillary remedies to effectuate the relief obtained, such as collecting judgments, enforcing injunctions, and reforming documents. Also studied are legal and equitable defenses, such as fraud, waiver, estoppel, unclean hands, and in pari delicto.
TORTS.
Torts I covers the intentional torts against persons and property and privileges thereto. It also covers the basic principles of negligence with a focus on duty of care and causation. Torts II surveys remaining issues in negligence including the duties of landowners, damages, joint liability, and defenses. Products liability, defamation, and invasion of privacy are emphasized. The course also addresses other topics including wrongful death, vicarious liability, nuisance, and misrepresentation.
Electives
ADMINISTRATIVE LAW
This course studies the relationship of administrative agencies to the legislative, executive, and judicial branches of the government in the American system of constitutional government, with a particular emphasis on judicial review of agency actions. The powers of administrative agencies are addressed with in-depth treatment of the rulemaking process and procedural rights in hearings before administrative agencies.
ADVANCED LEGAL RESEARCH
Team-taught by the professional law librarians, this course features advanced classroom and hands-on instruction. The course will cover electronic database and Internet research, case law, statutory research, federal legislative history, administrative law, law periodicals, treatises and other secondary sources, practice aids, and news and interdisciplinary research. It is recommended that this course be taken prior to or in conjunction with a seminar, law review, or employment as a faculty research assistant. This course fulfills the Professional Skills Requirement.
ADVANCED TORTS SEMINAR
This course is a seminar on tort topics that provoke public debate or involve timely public issues. Various topics will be suggested, such as class action abuse and constitutional limitations on civil damages, but students are strongly encouraged to choose a topic of interest to them after consulting with the professor.
ANTITRUST
This course examines how the antitrust laws regulate the private economic behavior of market participants. The course will cover federal antitrust laws including the Sherman Antitrust Act, the Clayton Act and the Federal Trade Commission Act. The course will examine cases on topics such as monopolization, predatory pricing, vertical restraints, price fixing and territorial allocations.
APPELLATE ADVOCACY
This course is an in-depth study of the appellate process, including historical and comparative viewpoints; preservation of the record on appeal; post-trial motions; appellate procedure; research and preparation of briefs; argument, including communication theory; administrative appeals; rehearing; and petitions for certiorari.
ARBITRATION
This course is a study of the principles and attendant laws governing the arbitration process. Students are given a history of the arbitration process and its current applications. Up-to-date case and statutory law on arbitration are discussed in light of recent developments in the uses of this process to control contract disputes. The course will cover the ramifications of the use of arbitration as a forum choice.
BANKRUPTCY
This is a study of courts of bankruptcy; acts of bankruptcy; voluntary and involuntary bankruptcy; bankruptcy process, pleading, schedules, and adjudication; debts, dischargeable and not dischargeable in bankruptcy; appointment of receivers and trustees; granting and revocation of discharges in bankruptcy; administration of the bankrupt’s estate; and pertinent provisions of the Uniform Commercial Code.
CHILDREN'S RIGHTS
This course focuses on the relationship between children, families, and the state, with particular emphasis on the juvenile justice system and delinquency, child abuse and neglect, foster care of dependent children, and the educational rights of disabled children. The special ethical considerations of representing children will also be covered.
CIVIL RIGHTS
This course is a seminar on various aspects of civil rights including, but not limited to, issues of voting, employment, public accommodations, housing and other realms of public interest.
COMPARATIVE CONSTITUTIONAL LAW
This course examines and compares the fundamental constitutional structures and institutions of the United States, Canada, France, Germany, the United Kingdom, and the European Union. Other nations' systems may also be studied depending on the interests of the students who have enrolled in the course. The course may be offered for two or three hours of credit.
CORPORATE GOVERNANCE
This course examines legal issues arising in connection with the governance systems and processes applicable to publicly-traded corporations. Topics that will be explored include auditor and director independence, internal controls, corporate investigations, the role of shareholders, comparative governance, the Sarbanes-Oxley Act, New York Stock Exchange Rules and rules and regulations of the Securities and Exchange Commission.
CONFLICT OF LAWS
This course examines the principles guiding the courts in deciding which state's law to apply when dealing with a legal controversy in which there are elements involving more than one state. The general subject of jurisdiction is considered. The remainder of the course is concerned with an analysis of choice-of-law problems.
CRIMINAL PROCEDURE
This course surveys issues pertaining to the pre-trial stages of criminal prosecution, from the criminal investigation through arrest, including state and federal constitutional principles and procedural rules. Topics considered include the Fourth, Fifth and Sixth Amendments such as: search and seizure, privileges, right to counsel, and confessions.
CRIMINAL PRACTICE
This course will cover the prosecution of a criminal case beginning with the decision to prosecute through appeal. Subjects to be covered include, the Federal Rules of Criminal Procedure, as well as Fifth, Sixth and Eighth Amendment issues such as: preliminary hearings, bail, pleas and plea bargaining, jury selection, fair trials, sentencing and judgment, double jeopardy and post conviction relief.
CURRENT ISSUES IN CRIMINAL LAW
This seminar deals with various current "hot" topic issues in Criminal law and procedure.
DISPUTE RESOLUTION PROCESSES
This is a survey course covering all of the non-litigation dispute resolution processes. Students are required to take an active part in class exercises and role-plays.
ELDER LAW
This course exposes students to a variety of legal topics that impact the elderly. Selected topics include an overview of elder law practice and ethical problems; Medicare benefits and procedure advocacy; Social Security old-age benefits and procedure advocacy; Social Security disability benefits; long-term health care financing options; Medicaid planning, including banking and trusts; estate planning; substitute decision making; elder abuse; patients’ rights, including right to die and nursing home patients’ rights.
ELDER LAW CLINIC
The Elder Law Clinic at
EMPLOYMENT LAW
This course is a study of the legal regulation of the employment relationship, including protection against discrimination, minimum standards of compensation and safety, systems of compensation for injured and unemployed workers, and the concept of employment at will.
ENVIRONMENTAL LAW
This course consists of an analysis of the ends and means of environmental protection through study of statutes, administrative regulations and practices, and judicial decisions treating the protection of the environment in the
EXTERNSHIP
Externs earn academic credit while working part-time in government or non-profit legal institutions. Externs work under the supervision of qualified and experienced practicing attorneys who provide guidance and training in professional lawyering skills. The offering includes a classroom component that covers topics relating to the legal system, judicial process, and professionalism. To register for this offering, consent of the instructor is required.
FAMILY LAW
This course is an overview of the legal relationships created by family associations. Particular emphasis is placed on the relationships between parents and child and between husband and wife. Other topics include the nature of marriage, separation, divorce, adoption, and emancipation.
FAMILY VIOLENCE CLINIC
Students with limited-practice cards will interview clients, provide advice, prepare pleadings, and represent clients in court proceedings. Students without their cards will assist in case preparation and research. Operating in conjunction with Legal Services Corporation of
This course examines the nature and role of the federal court system within the American constitutional system of government. Particular emphasis is placed on the power of Congress to create courts and allocate jurisdiction, the power of the Supreme Court to establish federal rules of court, the relationship of federal and state jurisdiction, the application of choice of law principles in federal courts, the development of federal common law, and alternative bases of federal jurisdiction, including habeas corpus jurisdiction.
FEDERAL INCOME TAX
This course is a study of the basic laws relating to federal income taxation, including problems relating to items included in or excluded form gross income, deductions, credits, recognition and character of gains and losses from disposition of property, and timing issues.
FREEDOM OF EXPRESSION
This course is a study of the history and theory of the constitutional doctrine of freedom of expression. The study will center on the Speech and Press Clauses of the First Amendment. Subjects to be considered include advocacy of unlawful conduct, symbolic expression, obscenity and pornography, defamation, commercial speech, hate speech, and invastion of privacy.
GAMING LAW SEMINAR
This course is an in-depth study of the current issues relating to gambling including gaming distinctions and gambling regulations. The course will examine the interrelationship between state and federal gambling laws. Other topics include tribal gambling, charitable gambling, the marketing of games and lotteries, internet gambling and criminality of games.
HEALTH LAW
This course investigates the major legal issues arising in health care delivery, not merely physician malpractice but also corporate malpractice, economic credentialing, peer review, utilization review, quality assurance, Medicare fraud and abuse, tax exempt status for hospitals, joint ventures, managed care, antitrust, AIDS, ADA, reproductive rights, the right to die, various federal OBRAS and COBRAS, and ERISA.
INDEPENDENT STUDY
This is independent research and production of a scholarly paper, under the supervision of a member of the faculty.
INSURANCE LAW
This course is a study of fundamental legal principles relating to various types of first-party and liability insurance contracts, focusing on property, life, health, automobile and commercial and professional liability policies. Topics include rules of insurance contract construction; doctrines governing applications for insurance and representations made by the applicant; statutory and administrative regulation of insurance; and various issues arising in particular types of insurance.
INTELLECTUAL PROPERTY
This course examines procedural and substantive legal issues arising out of trade secrets, trademarks/service marks, and copyrights. The course focuses on the federal and state statutory and common law regulation of intellectual property rights while also focusing on litigation and transactional issues arising out of the registration and enforcement of intellectual property rights.
INTERNATIONAL LAW
This course is an introductory International Law course focusing on the history and development of international law, the fundamental principles of international law, and the role of international institutions. Topics include principles of international law, treaties, conventions and executive agreements, customary law, the International Court of Justice, the United Nations and other international institutions, states and individuals under international law, the Law of Armed Conflict, just warfare, and the use of force.
INTERVIEWING, COUNSELING & NEGOTIATION
This course covers the interviewing and counseling of clients, developing and weighing options, and negotiating on behalf of clients. Students are required to take an active part in class exercises and role-plays.
JURISPRUDENCE
Exposing students to the philosophy of law, this course is an examination of the basic principles that underlie our legal system. It is a study of basic schools of jurisprudence, including natural law theory, legal positivism, legal realism, the critical legal studies movement, the law and economics movement, feminist legal theory, critical race theory, and the various strains of Christian legal theory. In keeping with the mission of the law school, the course will approach all of these topics from the standpoint of Biblical truth.
LAND PLANNING
This course examines the public and private planning and regulation of land. The course specifically focuses on techniques for planning the current use, future use, and intended non-use of land while covering subject matter including Smart Growth regulations, form-based zoning regulations, traditional Euclidean zoning regulations, aesthetic controls, and other regulatory controls which arise out of the planning of land. The course also examines constitutional and environmental issues facing the public and private planning and regulation of land.
LAW & CHRISTIAN THEOLOGY
This interdisciplinary course examines various Christian theological understandings of law and government.
LAW REVIEW
This offering is available only to students selected for membership on the staff of Jones Law Review. Credit is earned upon the basis of performance criteria set forth in the Jones Law Review Constitution.
LEGAL DRAFTING
This course focuses on developing professional writing skills by working with some of the types of writing done by lawyers in their practices. Class projects vary, but will include discussion and drafting of several types of documents such as a lease and a contract, and other projects.
LEGAL ETHICS IN THE NEW MILLENNIUM
This course will explore some of the emerging issues in legal ethics that will affect the practice of law throughout the next decade and beyond. Topics that may be covered include: the impact of information digitization and telecommunications on law practice; the multijurisdictional practice of law ("MJP"), and nationalization of bar admission; developments in the delivery of legal services, including pro bono service "obligations," public legal services organizations (and their funding under IOLTA programs), the continued viability of restraints on the unauthorized practice of law, and the operation of prepaid legal services plans; multidisciplinary practice arrangements ("MDP"); specialized problems in conflicts of interest (including screening and consentability); criminal defense ethics; insurance defense ethics; and progressive methods of lawyer regulation.
LEGISLATION
This course is about American legislative institutions and the processes they employ to consider and enact legislation. The material will deal specifically with the Alabama Legislature at the state level and the United States Congress at the federal level. There is an evolving recognition on the part of most law schools that the education of law students must include an awareness of the significance of statutory lawmaking and a critical understanding of legislative institutions and their processes. The course is designed to provide that knowledge and understanding.
LITIGATION TECHNOLOGY
This course teaches students how to apply modern technology to trial preparation, courtroom presentation, and daily law office practice. The course includes faculty and guest lectures, demonstrations with individual on-your-feet exercises, and a field trip to a technically-equipped courtroom.
MEDIATION CLINIC
This is a clinical offering that contains a classroom component as well as “hands on” mediation experiences under the supervision of a faculty member. Students mediate disputes at the Montgomery County District Court and report their experiences during the classroom sessions. The goal of the course is to allow the students to hone their skills as mediators in courtroom settings as well as in the classroom.
MOOT COURT COMPETITION TEAM
This offering is for students selected by the Director of Advocacy on one of the
PROFESSIONAL MALPRACTICE
The course covers the fundamental procedures and trial techniques followed in professional liability lawsuits, with particular emphasis placed on the law relating to medical and legal professions. This course will analyze and discuss plaintiff’s rights and defenses to claims against doctors, hospitals, and drug companies, lawyers, and other professionals.
NEGOTIABLE INSTRUMENTS
Focusing on Articles 3 and 4 of the Uniform Commercial Code, this is the study both of the general principles applicable to promissory notes and drafts and of the special rules for bank deposits and collections. The course also addresses legislation and administrative regulations protecting consumers in connection with negotiable instruments.
PRE-TRIAL PRACTICE
This is a problem-oriented course focusing on the preparation of a civil case for trial. Topics include initial interview, informal discovery, drafting of pleadings, conduct of formal discovery, motion practice, and preparation of a trial book.
PRODUCTS LIABILITY
This course is a study of the sources, development, and limits of the law of products liability. The course examines the historical development of products liability and theories of liability rooted in negligence, contract, strict liability in tort, fraud, warranty, and statute (primarily the Uniform Commercial Code). Particular attention is given to the development of legal definitions of a "product." The course also examines modern trends in products liability jurisprudence. Emphasis is also placed on common litigation problems encountered in products liability cases, including proper parties, proof, use of expert witnesses, and insurance considerations.
PUBLIC INTEREST LAW
This course has three components. The first focuses on theories and challenges of public interest lawyering, including issues of income distribution, racism, the relationship between legal and non-legal problems of the poor, discrimination in general, and various definitions of the public interest. The second focuses on substantive doctrines that relate to selected problems of public interest law. The third focuses on public interest lawyering skills.
RACE POVERTY & THE DEATH PENALTY
This course is an in-depth study of the interrelationship of poverty, race, and the death penalty. The course will focus particularly upon issues of ineffective assistance of counsel for indigent defendants and racial discrimination both conscious and unconscious in capital cases.
REAL ESTATE PRACTICE
A course in the practical application of real property law covering deeds, mortgages, leases, land contracts, real estate closings, and all forms of conveyances. Drafting and analyzing of real property documents.
RELIGION & THE CONSTITUTION
This course is a study of the three Religion Clauses of the Constitution: the Religious Tests Clause of Art. VI, and the Establishment and Free Exercise Clauses of the First Amendment. The course will address the history and theory of the Religion Clauses as well as their interpretation by the U.S. Supreme Court. Students will apply constitutional law and theory to topics such as religious exercises in public schools, religiously motivated legislation, governmental funding of churches and religious schools, governmental regulation of private religious activities, political involvement by religious groups, and governmental promotion of religious ideas.
SALES
Focusing on Article 2 of the Uniform Commercial Code, this course is the study of the sale of goods, including seller’s warranties, risk of loss, and remedies. The course also introduces the student to Article 2A (lease of goods) and to the international treaty dealing with the sale of goods.
SECURED TRANSACTIONS
This course covers Article 9 of the Uniform Commercial Code. It deals with effectiveness of security agreements, attachment of security interests, categories of collateral, perfection and priority of security interests, rights of third parties, and enforcement of security interests in cases of the debtor's default.
SECURITIES REGULATION
This course involves the study of the federal securities laws and the regulation of the nation's securities markets. The course will explore the Securities Act of 1933, which governs the registration of securities, and the Securities Exchange Act of 1934, which governs the trading of securities. The course will examine the potential civil liabilities that may arise under both Acts, such a liability for fraud and insider trading.
SMART GROWTH SEMINAR
This course involves an in-depth examination of the use of Smart Growth regulations to plan the current use, future use, and intended non-use of land. The course focuses on the regulatory and Constitutional issues arising out of the use of Smart Growth regulations and further provides an examination of how Smart Growth regulations contrast with traditional Euclidean zoning regulations. The course involves a detailed comparison of different federal, regional, state, and local methods of engaging in Smart Growth regulation.
SPORTS LAW
This course examines legal issues arising from professional and amateur sports, with particular emphasis on contract disputes, tort liability, agency questions, collective bargaining, and the implications of antitrust law. The sources of the relevant law include the common law, federal and state statutes, and administrative regulations.
TAXATION OF BUSINESS ENTERPRISES
This course examines federal income tax laws affecting the acquisition, operation, and disposition of business enterprises and assets, with particular attention to the taxation of corporations, shareholders, partnerships and partners.
TRIAL ADVOCACY
This is a practice-oriented course intended to develop the students' legal skills in the trial setting. The course emphasizes preparation of witnesses, jury selection, opening statements, presentation of evidence, examination of witnesses, and closing arguments.
TRIAL ADVOCACY FOR COMPETITION
This is a practice-oriented course intended to develop the students' legal skills in the trial setting. The course emphasizes preparation of witnesses, opening statements, presentation of evidence, examination of witnesses and closing arguments. The purpose of this intensive trial advocacy course is to prepare students to compete in regional and national trial competitions.
TRIAL COMPETITION
One hour of credit may be earned by participating in this intra-school Trial Competition. Students are given a case file in early August; the competition is typically completed during the first half of the fall semester. All students prepare both sides of a case and try the case a minimum of three times. Some of the trials are held on weekends. Participating in Trial Competition makes a student eligible for being considered for selection for the law school’s trial team that competes against trial teams from other law schools.
TRIAL COMPETITION TEAM
This offering is for students selected for one of the school's trial teams. They gain experience in various aspects of trial work as they prepare for and participate in competition against teams from other law schools.
WILLS & TRUSTS
This course examines intestate succession; the essential elements and formalities for making, revoking, or altering a will; will contests; and the administration of estates. The course also explores the character, creation, validity and use of trusts; types of trusts; rights, duties and liabilities of settlors, trustees, beneficiaries, and third parties; fiduciary administration; settlement and distribution; remedies of beneficiaries; and tax, real property, and future interest considerations, including the rule against perpetuities, in connection with wills and trusts.
WORKER'S COMPENSATION
This course surveys the law relevant to the practice of Worker's Compensation law and covers topics from forms, pleadings, procedures and appeals to issues of accidents, occupational diseases and the relationship between tort law and worker's compensation law.