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Administrative Law: LAW 561 (3)

This course covers the legal regime applicable to federal, state and local agency decision-making and the role of the courts in reviewing agency decisions through study of the federal and Hawaii Administrative Procedure Acts and the case law arising under them.

Admiralty Law: LAW 549 (3) *

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.

Advanced Civil Procedure: LAW 542 V[2] *

The course addresses various aspects of complex litigation and recent criticism about the civil litigation system itself. The course is theoretical in emphasis and is developed from two directions: (l) through a study of jurisprudential material concerning adversarial dispute resolution, the substance/procedure dichotomy and value-identification; and (2) through in-depth analysis of procedural aspects of complex cases (with a special focus on new procedural rules aimed at reducing waste and delay).

Advanced Legal Studies: LAW 520 V[1-4]

Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise. Among the courses offered under this title in Spring 2005 were; Accounting for Lawyers, New Ideas for Corporate Law, Labor and Sports Law, Disability Law, and The Warren Court.

Advanced Torts and Insurance Law: LAW 524 V[3]*

The first half of this course engages students in an advanced examination of tort law and policy. The second half of the course provides an introduction to insurance law and policy. Tort law subjects typically include statutes of limitation, business torts, medical malpractice, products liability, apportionment and contribution, and defamation, among others. Insurance law introduces students to basic principles of insurance including insurable interest, moral hazard, indemnity, and adverse selection. Substantive topics concern common litigation issues such as insurer duties to insureds and others in first and third party insurance; insurer bad faith claims; and the professional responsibilities of attorneys in the lawyer, insured, insurer triad. This course is of considerable importance to students interested in civil litigation and personal injury law. Recent important developments in Hawaii tort and insurance law will be included.

Asian Comparative Labor Law: LAW 556 (3) *

This course will examine international and comparative labor law issues facing the East Asian countries of China, Japan, and Korea, as well as the practical issues confronting American lawyers who will use labor in those countries as they do business in and with them. The course covers the effects of globalization on FDI, trade, migrant workers, and the increasingly global practice of lawyers. It puts this in the context of international players (MNCs like Wal-Mart, ILO, ICFTU) and discusses the application and effects of international labor standards, domestic, and foreign labor laws within domestic legal systems. It introduces comparative law systems and biases. The course then examines the legal systems of China, Japan, and Korea through the perspective of labor law regulation. This is followed by comparisons of these three on selected topics such as gender discrimination, ADR, role of trade unions, etc. A research paper is required in lieu of an examination.

Asian Comparative Law: LAW 587 (3) *

This course is intended to provide an introduction to the civil law tradition, particularly as exemplified by the legal systems of East and South East 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, the judicial process, the legal profession and constitutional law and administrative law in Western Europe and in the Asian civil law countries.

Asian-Pacific Law Journal: LAW 546 (1)

Students selected for the Asian-Pacific Law & Policy Journal editorial board have writing, researching, editorial and production responsibility for publication of the Journal. The course is graded on a credit/no credit basis.

Business Associations: LAW 531 V[3]

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.

Business Planning: LAW 525 (2) *

This course integrates corporate, business and securities law principles and practices with an introduction to corporate and partnership taxation, to provide a realistic business lawyer's approach to forming entities and advising entrepreneurs in the early stages of business development. Pre: Business Associations (Law 531); Recommended: Federal Income Taxation (Law 567)

Business Reorganization in Bankruptcy: LAW 515 V[2]

This course introduces you to the law governing the relations between financially distressed business debtors (those who owe) and their creditors (those to whom obligations are owed). We will consider why businesses encounter financial troubles, and what remedies businesses may pursue outside of bankruptcy court to solve their troubles. We will then focus on business reorganization under the Federal Bankruptcy Code. We will consider, throughout the course, how creditors, debtors and their attorneys take the effects of bankruptcy law into account in (i) counseling clients, (ii) negotiating, documenting and performing contracts, (iii) reducing risk, and (iv) resolving disputes with and without litigation. Pre/concurrent: Secured Transaction (LAW 554). Recommended: Debtor's and Creditors' Rights (LAW 562).

Chinese Business Law: LAW 578 V[2] *

This course is intended to provide an introduction to business and commercial law in the People's Republic of China. After a brief overview of China's political and legal system, 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.

Civil Procedure I and II: LAW 516 (3); 517 (3)

A study of pre-trial, trial, and appellate procedures in federal and Hawaii 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.

Civil Rights: LAW 584 (2)

This course focuses on the civil rights of Americans and introduces alternative remedies and procedures for securing these rights. Statutory law, including 42 USC 1983, the Equal Pay Act, and various statutes prohibiting discrimination, are emphasized as well as Bivens-type actions, common law causes of action in tort, enforcement by the Justice Department and other government agencies, and criminal prosecution of civil rights violators. The course compares these litigation alternatives, noting their strengths and limitations, and studies the experiences of the lawyers who have used them.

Conflict of Laws: LAW 538 (3)

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.

Constitutional Law I: LAW 533 (3)

An introduction to the judicial function in constitutional cases, jurisdiction of the United States Supreme Court, and discretionary barriers to judicial review. This course focuses on racial discrimination, gender discrimination, and concepts of fairness.

Constitutional Law II: LAW 534 (3)

A continuation of Constitutional Law I with special emphasis on problems of due process and freedom of speech. This course also examines the division of powers between the states and the nation, powers of Congress, the commerce clause, and governmental immunities. Pre: Constitutional Law I (LAW 533).

Contracts I and II: LAW 509 (3); 510 (3)

This course is about the law of private agreements. It explores the evolution and application of common law doctrines, and, where applicable, relevant provisions of the Uniform Commercial Code. The course 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.

Corporate and Partnership Taxation: LAW 550 (3) *

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).

Corporate Finance: LAW 558 V [2-3] *

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.

Criminal Justice: LAW 513 (4)

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 Hawaii 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.

Criminal Procedure: LAW 541 (3)

This is a three credit course focusing 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 also covers such issues as indictments, plea bargains, and other pre-and post-trial procedural matters.

Debtors and Creditors Rights: LAW 562 V[3]

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. Pre or concurrent: Secured Transactions (LAW 554) waived Fall 2005.

Directed Study and Research: LAW 576 (V)

Students perform research and write papers on selected legal topics or problems under the direction of a faculty member.

Domestic Ocean and Coastal Law: LAW 592 (3) *

Examination of the history of the US and Hawaii sea use law; comprehensive coverage of modern issues concerning the use of the sea including special Hawaiian problems.

Elder Law: LAW 521 V[3]

This course provides an introduction to the myriad legal issues which 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.

Employment Discrimination: LAW 507 (3) *

The course examines the legal avenues for dealing with improper employment discrimination based on race, color, sex, religion, national origin, age, disabilities, etc. Such artificial barriers barring employment opportunities are discussed in the context of finding the proper balance between the employers� legitimate business needs and the employees� rights under legal requirements of being free from unlawful discrimination. Coverage includes Title VII of the Civil Rights Act, the Civil Rights Act of 1866, the National Labor Relations Act, US Constitution, Equal Pay Act, Age Discrimination in Employment Act, federal executive orders, and government contract limitations. The course includes coverage on how discrimination must be proved, the administrative process, remedies, and the role of lawyers.

Environm. Compliance & Regulated Indust.: Law 512 V[3]*

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.

Environmental Law: LAW 582 (3)

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.

Environmental Litigation Seminar: LAW 529 (2) *

Seminar on the techniques, law, and strategy involved in federal and state court environmental litigation.

Equitable Remedies: LAW 539 V[2] *

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.

Estate & Gift Taxation: LAW 551 V[2-3] *

Students learn the basic rules of estate, gift, and generation-skipping taxation, plus popular tax-oriented estate planning strategies.

Evidence: LAW 543 V[3-4]

Objection your Honor! This course examines the rules of evidence that govern trials in both federal and Hawaii courts and will focus on such topics as hearsay, witness examination, impeachment, physical and demonstrative evidence, expert testimony, writings, relevance, judicial notice, and presumptions.

Externship (Hawai'i): LAW 555H V[1-6]

Students perform research, drafting, investigation, and other lawyering tasks for judges and attorney supervisors in public agencies, the State Legislature, and private law firms.

Externship (Pacific/Asia): LAW 555P (12)

Students perform research, drafting, investigation, and other lawyering tasks for judges and attorney supervisors in the Pacific Island and Asia jurisdictions. The course is graded on a credit/no credit basis. Pre/subsequent: classroom component (See externship director).

Family Law: LAW 568 (3)

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 Hawaii statutes and case law, within the context of common law and recent constitutional doctrine.

Federal Courts: LAW 571 (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. Pre: Constitutional Law I (LAW 533).

Federal Income Taxation: LAW 567 V[4]

This course surveys the entire federal income tax system, with emphasis on those areas of greatest importance to non-tax lawyers. Students are expected to develop proficiency in the use of the Internal Revenue Code and Treasury Regulations.

Gender and Law: LAW 547 (2)*

This course will apply legal analytic skills to material showing the ways in which Anglo-American legal traditions and systems deal with women and women's roles, examining how society views 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 Hawaii where appropriate. Pre or concurrent: Constitutional Law I (LAW 533).

Government Contracts Law: LAW 591 (3) *

Introduction to Government Contract 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.

Group Directed Study: LAW 526 (V) *

This course is designed for maximum flexibility. It allows a professor to work with a small number of students on a reading/discussion project of mutual interest. Offerings have included Feminist Legal Theory, Chinese Law (in Chinese), and Civil Disobedience.

Hazardous Waste Law: LAW 540 (2) *

The course covers three federal statutes and their associated regulations and case law: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), the Resources Conservation and Recovery Act (RCRA), and the Emergency Planning and Community Right-to-Know Act (EPCRTKA). In addition, the Hawai�i counterparts to these laws are examined. The course covers not only "black letter" law, but also the policies behind the laws and the impacts these laws have had on communities, individuals, and businesses.

Health Law: LAW 532 (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.

Immigration Law: LAW 548 (2)

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.

Intellectual Property: LAW 535 (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.

International Business Transactions: LAW 579 V[2] *

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. Our textbook uses a problem-oriented approach aiming towards consideration of practical aspects of doing business in an international context.

International Environmental Law: LAW 528 (3)*

Study of the international regulation of activities and processes used to prevent environmental degradation and to preserve resources of environmental value.

International Intellectual Property: LAW 596 V[2-3] *

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.

International Law: LAW 585 (3)

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.

International Ocean Law: LAW 593 (2) *

Examination of the many legal issues that affect ocean resources. This course focuses on governance of living and non-living resources, environmental protection, and boundary delimitation.

International Protection of Human Rights: LAW 572 V[3] *

The growing body of international human rights laws, including United Nations activities, regional human rights bodies, women's rights, children's rights, the rights of indigenous peoples, and enforcement of these rights in U.S. courts.

Internet Law and Policy: LAW 595 (3)

Internet Law and Policy 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.

Introduction to American Law: Law 570 V[1-3]

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.

Japanese Business Law: Law 577 V[2]

This course involves active exploration of Japanese business law and the related business and social environments. In the first half of the semester, we study an overview of the Japanese judicial system, look at Japanese contract consciousness and contract law, and Japanese corporate governance. In the second half of the semester, topics of study are selected by the class. Course responsibilities include a variety of collaborative assignments and presentations with ample consideration of real-world practice concerns.

Judicial Process: LAW 597 (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.

Jurisprudence: LAW 573 (3) *

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. Both 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."

Labor and Employment Law: LAW 589 (3) *

This course covers the employment relationship in all its forms and the legal rights and duties which arise under both common-law and statutory sources. In this non-unionized setting the employers rules dominate except as may be limited by statutes or common-law contract or tort law. A systematic analysis of those rights and duties are discussed within the context of modern human resource management, covering workers first as an applicant through recruitment, then as an employee entitled to certain rights and benefits of employment, and finally in terms of termination. Course materials focus on the practical application of labor and employment law.

Labor Law: LAW 559 (3)

With union membership declining, though not necessarily the significance of unions, this course will examine 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.

Land Use Management and Control: LAW 580 (3)

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.

Law Review: LAW 545 (1)

Students selected for the Law Review Editorial Board have writing, researching, editorial and production responsibility for publication of the Law Review. The course is graded on a credit/no credit basis.

Law and Society in China: LAW 586 V[3]

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?

Law and Society in Japan: LAW 514 V[1-3]

This course begins with an extended historical review of the foundations of Japanese law in society, looking at Japan's adoption and adaptation of Chinese legal doctrines, continental European legal structures and ideas, and most recently, American influences. Next, we will consider the structure of contemporary law in Japan, by looking at the various players in the legal system, some important legal doctrines, and the real-world operation of Japan's laws today.

Legal Aspects of Water Resources & Control: LAW 588 (2) *

The course covers the legal aspects of water and water rights with primary focus on Hawaii. Topics include: Native Hawaiian water rights, pre-McBryde case law, McBryde and post-McBryde developments, water pollution, ground water designation, institutional relationships, and various types of allocation systems.

Legal Practice I: Law 504 (4)

Legal Practice is the first part of a comprehensive performance program that trains students to practice law, read and write legal analysis and scholarship, and reach their maximum potential as a legal thinker and writer.

Legal Practice II: LAW 505 (2)

This course provides skills training in appellate brief writing and oral advocacy. Students participate in competitive argumentation to master these skills.

Moot Court Team: LAW 536 (1)

An honors program for students who prepare for and compete in national advocacy. This course is graded on a credit/no credit basis. (C) Client Counseling Team; (E) Environmental Law Moot Court Team; (H) Native American Moot Court Team; (J) Jessup International Moot Court Team and (O) Other. Pre: selection by competition.

Native Hawaiian Rights: LAW 581 V[3]

The purpose of this course is to examine the status and evolution of the rights of Native Hawaiians to the land and its usufructs. Areas of study include the relationship of the rights to possession and use of the land vested in the Monarchy, the chiefs, and native tenants prior to the imposition of a Western legal system defining land tenure; the effect of the Great Māhele of 1848; the erosion of native land rights through adverse possession, land court registration, and quiet title litigation; the Hawaiian Homes Commission Act; and the recently revived question of land reparation. Finally, the course analyzes the potential for utilizing native rights based on statute, custom, and use to fashion new and expanded rights to land and its usufructs.

Negotiable Instruments, Payment Systems and Credit Instruments: LAW 557 (2)

This course offers 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. Topics include negotiability, the holder-in-due-course doctrine, the demise of the holder-in-due-course doctrine in consumer transactions, allocation of risk for forgery and fraud, the bank-customer relationship, letters of credit, unauthorized use of credit cards, and risk of loss in funds transfers.

Negotiation & Alternat. Dispute Resolution: LAW 508 V[2]

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 practice - negotiation. The class also examines the rapidly developing field of alternative dispute resolution (ADR), including mediation, facilitation, arbitration, and court-annexed ADR.

Pacific Islands Legal Systems: LAW 594 V[2] *

This course is intended for students who wish to: (1) increase their knowledge of the substantive rules of one or more Pacific Island jurisdictions; and, (2) study the development of legal systems to broaden their understanding of the basic requirements and general characteristics of legal systems. The course will also consider the relationship between the Pacific Island legal systems and custom and tradition, and will explore the various ways that Pacific jurisdictions have, or have not, been successful in reflecting the values of the people in the substantive and procedural law of the jurisdictions.

Pretrial Litigation: LAW 564 (2)

This course is designed to teach the theory and practice of civil pretrial litigation skills and focuses on pleading, discovery, and pretrial motions. The course is graded on a credit/no credit basis.

Professional Responsibility: LAW 511 V[3]

A study of the lawyer's obligations and responsibilities to clients, the profession and society under the rules of professional conduct and laws governing the practice of law. Personal choices and the impact of those choices, along with the structure of the legal profession, are explored.

Race, Culture and Law: LAW 544 V[2] *

US 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.

Real Estate Development and Financing: LAW 583 V[3]

This course deals with the purchase and development of commercial real estate. Mortgage financing is at its core, since purchase, construction and take-out financing as well as mortgage securitization are lawyer-intensive aspects of real estate development. The course also focuses on issues concerning the development and management of subdivisions, condominiums, timeshares and shopping centers, with some discussion of hotels and resorts as well. Hawaii's experience with ground leasing is considered. The course goal is to prepare new lawyers to begin practice with law firms, lenders and developers active in commercial real estate. Pre: Real Property Law II (Law 519)

Real Property Law I: LAW 518 V[4]

This course is the foundation of all further study relating to land, its ownership, development, and regulation. As such, emphasis is on the theory underlying concepts of property and tenure. While elements of personal property are summarized, emphasis is on real property. Subjects covered include estates in land, future interests, concurrent ownership, eminent domain, covenants, easements, licenses, public land use controls, air rights, water rights, and adverse possession.

Real Property Law II: LAW 519 (3)

This course examines the contract of sale, equitable conversion, and the deed. Aspects of real estate transactions which are unique to Hawaii are also studied. To the extent that time permits, more advanced subjects, such as public land use control measures and private real estate development, are introduced. Pre: Real Property Law I (LAW 518).

Sales: LAW 569 V[3]

Building upon the foundation established in Contracts I and II, this course provides an in-depth study of the law governing domestic sales of goods under Article 2 of the Uniform Commercial Code including: warranties; manner, time, and place of performance; buyers and sellers remedies for breach; and limitations on the freedom of contract. Pre: Secured Transactions (LAW 554) waived Fall 2005.

Second-Year Seminar: LAW 530 (4)

All students are required to take a LAW 530 seminar for which they must write a substantial paper of publishable quality. This seminar is taken during the spring semester of a student?s second year. Seminar offerings will be announced early in the fall for the spring semester. Seminar placement is by lottery. Prior topics have included Torts, Environmental Law, Property, Jurisprudence, Antitrust, Intellectual Property, Legal History, Constitutional Law, Japanese Law and Native Hawaiian Rights.

Securities Regulation: LAW 565 V[2-3] *

This course is an introduction to American securities regulation and focuses on the registration and reporting process required of public companies. Rec: Business Associations (Law 531)

Secured Transactions: LAW 554 V[1-3]

This course is about getting paid. Lenders may reduce the risk of non-payment by obtaining an interest in the borrowers� property as collateral to secure repayment. The course introduces students to the Uniform Commercial Code and examines the creation, perfection, priority, and enforcement of security interests in personal property under UCC Article 9.

State and Local Government Law: LAW 574 (3) *

The purpose of the course is to survey and analyze the organization, powers, and duties of state and local governments, their interaction, and how they fit within the increasingly pervasive federal system. We will particularly emphasize finances, home rule, state and local antitrust liability, development agreements, impact fees, tax increment and other debt financing (including state and municipal bonds), the rapidly expanding liabilities of county government under Section 1983 of the Civil Rights Act, executive privilege, and the limits to federal authority over state and local functions (the "Federalism" question). Cases, statutes, ordinances, and explanatory articles form the basis of the course. While we cover those aspects of state, local, and federal relations which have particular relevance to Hawaii, the course will also touch upon certain aspects of those relations which are common elsewhere in the federal system. Control of activities of one level of government by others, both directly and indirectly by means of inducements, is a common theme.

Topics in Environmental Law: LAW 527 V[3] *

This course focuses on specific topic areas that will vary from year to year, depending upon current developments and issues in environmental law in Hawaii, nationwide, and internationally as well as the expertise of visiting faculty. Topics in the past have included Hawaii environmental law, environmental law and the military, wildlife law, and toxic waste issues.

Topics in International Legal Studies: LAW 575 (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.

Torts: Law 522 (4)

Torts covers the statutory and common law of negligence, causation, defenses, damages, strict liability, intentional torts and tort policy and reform, with emphasis on national and Hawai'i law.

Trial Practice: LAW 563 (2)

With the assistance of members of the Hawaii trial bar, students examine 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. The course is graded on a credit/no credit basis. Pre: Evidence (LAW 543).

Trusts and Estates: LAW 552 V(4)

This 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.

Wildlife & Natural Resources Law: LAW 503 V[3] *

Hawaii's wildlife and other natural resources are among the most endangered in the world. By exploring the compelling stories of Hawaii's imperiled ecosystems, this seminar provides a unique lens through which to view the pressing national and global legal and policy issues related to species preservation and resource conservation and management. The course examines the federal, state and local legal scheme that governs use and protection of resources, from the endangered humpback whale to energy planning.

Writing Center Board: Law 537 V[1]

Upper level students are selected to join the Writing Center Board and trained to assist other law students in writing, research, legal analysis, and legal process. Course is graded on a credit/no credit basis.

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Defense Clinic: LAW 590C V[3]

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).

Elder Law Clinic: LAW 590D V[3]

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. Elder Law (LAW 521).

Environmental Law Clinic: LAW 590E V[3]

Students work in teams on projects assisting clients in contested cases before state environmental, land use and natural resource agencies, and county planning commissions. Projects may involve preparation of public comments for community groups and assisting attorneys who represent public interest groups on environmental issues. Pre: Environmental Law (LAW 582), Environmental Litigation Seminar (LAW 529), or Administrative Law (561).

Estate Planning Workshop: LAW 590G V[3]

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).

Family Law Clinic: LAW 590J V[3]

Students in this clinic work under the direct supervision of a family law specialist providing legal services to actual clients. Pre or concurrent: Family Law (LAW 568) or instructor's consent.

Immigration Clinic: LAW 590Q V[2]

Students in this clinic work under the direction of an immigration specialist providing legal services to actual clients. Pre: Immigration Law (LAW 548).

Lawyering Skills Workshop: LAW 590N [3]

This workshop is a mix of lectures, demonstrations, film clips and exercises in Interviewing, Counseling and Negotiations. Students are videotaped and critiqued in individual sessions.

Mediation Clinic: LAW 590M V[2]

Students in this clinic receive training and direct experience in the mediation of community disputes as well as knowledge about mediation and alternative dispute resolution techniques.

Mediation Workshop: LAW 590P V[1-3]

Students in this workshop receive training in mediation and alternate dispute resolution techniques and simulated experience in the mediation of community disputes.

Native Hawaiian Rights Clinic: LAW 590I V[3]

Students in this clinic work under the direct supervision of a Native Hawaiian Rights specialist providing legal services to actual clients.

Prosecution Clinic: LAW 590B V[4]

This class teaches litigation skills through the prosecution of real, minor criminal cases and the simulation of a major mock civil case. After classroom lectures, discussions and simulations, students prosecute real traffic and misdemeanor cases for the Prosecuting Attorney's Office. The classroom component meets through out the semester and is designed to meet the needs of students interested in both civil and criminal litigation. Courtroom work is supervised by Assistant Prosecuting Attorneys. Simulated cases are critiqued by the faculty and practicing lawyers. Pre: Evidence (LAW 543).