Labor & Employment Law

Requirements

24 credits with at least 12 from the following:

  • Title
  • Type
  • Credits
  • ​Studies the establishment, operation, and regulation of retirement planning options under the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act. Includes in-dept analysis of deferred compensation plans (qualified and non-qualified), stock options, pension and profit sharing plans, and employer-provided health benefits.
  • Elective
    Credits: 3

    ​Surveys legal approaches to employment discrimination based on race, color, religion, national origin, sex, sexual orientation, disability, and age. Examines Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other federal civil rights statutes.

  • Elective
    Credits: 3

    Familiarizes students with the matrix of legal protections available to employees and employers from the hiring process to termination of the employment relationship. ​

  • Elective
    Credits: 2

    ​The seminar will examine the theoretical and legal treatment of men's and women's labor in the public and private spheres, informal and formal sectors, unionized and non-unionized sectors and the international arena. The seminar is designed for students who are interested in examining the law's impact on the work that women and men do. It will draw on materials from labor history and theory, feminist legal theory, critical race theory, and domestic and international labor and human rights law.

  • Elective
    Credits: 2

    ​Analyzes use of arbitration to resolve both private and public sector labor disputes. Covers contract interpretation, disciplinary arbitration, and strategies and techniques in presenting an arbitration case.

    Prerequisite: Labor Law or Labor Law in the Public Sector

  • Elective
    Credits: 3

    ​Covers the developing body of law governing relationships among employers, employees, and unions. Considers the impact of collective bargaining on rights of individual employees, management's prerogatives, and public welfare.

  • Explores statutory and constitutional framework of collective bargaining in the public sector. Emphasizes a comparative approach to problems of strikes, organizational activity, bargaining frameworks, impasse resolution, and administration of collective bargaining agreements.

No more than 12 of the 24 credits from the following courses:

  • Elective
    Credits: 3

    Examines fundamental and practical issues of federal and New York administrative law. Deals with the scope of power of administrative agencies and the relationship of such agencies to other branches of government. ​​​

  • Elective
    Credits: 2

    Examines evid​entiary topics not covered in the basic Evidence Class, such as judicial power to control presentation of proof, objections and reversible error, the Constitution as a source of evidence rules, spoliation of evidence, missing witness rule, and explores in depth the character evidence rule and various hearsay exceptions, such as the business records and public records exceptions. Prerequisite: Evidence. ​

  • ​Examines methods other than trial for resolving disputes. Covers negotiation, mediation, arbitration, and group facilitation. Emphasizes practical skills, policy analysis, and theoretical considerations.

  • Elective
    Credits: 4

    ​Discusses formation and organization of basic business organizations. Examines structure, finance, management, and control of business enterprises; rights and liabilities of owners, fiduciaries, and third parties; shareholder informational rights, shareholder suits and issuance of shares; and introduces problems of close corporations and state statutory and administrative regulations.

  • Focuses on prosecuting and defending a civil rights claim brought pursuant to 42 U.C.C. 167 1983. Deals with constitutional theory and interpretation, emphasizing practical aspects and procedural tactics inherent in suing or defending a civil rights claim in federal court.

  • Elective
    Credits: 2

    ​Uses simulations to expose students to the skills necessary to prepare for and draft transactional documents designed to express a legal right, privilege, function, duty, status, or disposition.

  • Elective
    Credits: 2

    ​Examines the presentation of expert and scientific proof in civil and criminal cases under the common law and the Federal Rules of Evidence. Among the topics covered are the basic foundation requirements, such as appropriateness of expert testimony, requisite qualifications to provide expert testimony, proper bases of expert testimony, Frye and Daubert requirements, trial issues, such as use of learned treatises and demonstrative evidence, and issues relating to pre-trial discovery.

  • ​This course examines the proper role of the federal courts in the American political system. The ability of a litigant to invoke the jurisdiction of the federal courts is regulated by a variety of constitutional, statutory and judge-made doctrines. As such, topics explored will include: the case or controversy limitations contained in Article III, advanced topics in subject matter, diversity and supplemental jurisdiction, the availability of habeas corpus review, state sovereignty and the Eleventh Amendment, the abstention doctrines, the power of federal courts to create common law, removal actions, and 42 U.S.C.§1983 and Bivens civil rights actions.  Exploring the themes of federalism and separation of powers addressed in the basic Constitutional Law course, this course at its core examines the power of Congress to allocate judicial power among the federal courts, federal agencies and States. This course should prove to be particularly valuable to students who anticipate clerking for a federal or state judge, who plan to litigate before federal and state courts, or who are planning for a public interest or public sector career.

  • Elective
    Credits: 3

    Explores feminist theory, constitutional equality, issues of gender and sexuality, intimate partner and family violence, childhood sexual abuse, reproduction, parenting and children, sexual harassment, sexual discrimination, trafficking and prostitution, and other topics relating to the intersection of gender and the law.

  • Introduces the creation, interpretation and implementation of statutory law. Topics will include legislative process (both federal and New York State), judicial interpretation of statutes, and agency implementation of statutes. Emphasizes the application of legislative and interpretive theory to legal practice.

  • Elective
    Credits: 3

    ​Introduces negotiation skills, offering hands-on experience preparing for and negotiating legal issues.

  • Elective
    Credits: 3

    ​Examines corrective measures that may be taken in the legal system to rectify the violation of a legal right. Considers and evaluates questions of what forms of relief, both equitable and legal, may be given and upon what conditions.

  • Elective
    Credits: 3

    Introduces structure, powers, and functioning of local governments and their interaction with the state. Topics include constitutional nature of local governments, incorporation, annexation, home rule, special districts and authorities, real property assessment and taxation, public access to information and meetings, state and local finance, and land use controls.  

At least one of the following:

  • ​The Civil Rights and Disabilities Law Clinic provides law students with a rewarding opportunity to serve clients and develop professional skills.  Under faculty supervision, students represent clients in various administrative forums and state and federal courts.  Many clients are individuals with disabilities who are struggling against systemic barriers that interfere with their civil rights and independence.  Clinic students assist their clients in removing those barriers.  Through simulated exercises and the representation of clients, student interns will develop the skills necessary to be effective attorneys: persuasion, drafting, alternative dispute resolution, negotiation, interviewing, counseling, fact investigation, and trial practice.  Students will also have the opportunity to successfully navigate complicated bureaucracies and negotiate with local, state, and federal officials.  ​​​​

  • Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per we​ek​​ at their field placement site and participate in a one-hour weekly seminar.

    Note that most field placement​s need to be topic related and approved by a concentration advisor to count toward a degree.​​

  • Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per we​ek​​ at their field placement site and participate in a one-hour weekly seminar.

    Note that most field placement​s need to be topic related and approved by a concentration advisor to count toward a degree.​​​

  • Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per we​ek​​ at their field placement site and participate in a one-hour weekly seminar.

    Note that most field placement​s need to be topic related and approved by a concentration advisor to count toward a degree.​​​

  • Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per we​ek​​ at their field placement site and participate in a one-hour weekly seminar.

    Note that most field placement​s need to be topic related and approved by a concentration advisor to count toward a degree.​​​​

  • The Health Law Clinic is designed to teach student interns to identify and address the legal issues which poor individuals living with chronic health conditions often face.  Through faculty supervised representation of clients living with, or affected by, HIV or cancer, participating students acquire a broad range of practical lawyering skills in the areas of client interviewing, factual investigation, case planning, client counseling, and litigation advocacy.  Student interns are admitted to practice under the Student Practice Rule which allows them to help clients access necessary health care, obtain public benefits, secure or maintain stable housing, establish court-approved emergency plans for the future care of children, and develop proxies which authorize health care agents to make health decisions.  Participating interns typically take from this experience both a heightened confidence in their lawyering abilities and a broader perspective of their role in ensuring access to justice for the needy.  Clinic clients typically report that the legal services provided relieve stress and allow them to focus their limited energy on their underlying health problems.

    Pre/Co-Requisite: None​​​​

  • This offering is designed as a course in the basic lawyering skills, with the litigation process as its focus.  

    The course has three components: a practice component, a simulation component, and a classroom component.  

    In the practice component, students represent clients in hearings and appeals involving unemployment benefits.  All cases are referred by the Legal Aid Society of Northeastern New York.  Students assigned to represent each client complete the following legal tasks under the supervision of the Clinical Professor: client interviewing; fact investigation; legal research; case planning; preparation of pleadings and all other court papers; and witness preparation and client representation in administrative proceedings and state court.  

    In the simulation component, each student participates in a semester-long simulation representing a client and performing the basic legal tasks required in the practice component.  

    In the classroom component, the legal tasks performed in the simulation and practice components are the subject of lecture and discussion.  

    This progressively challenging approach involves classroom lecture and discussion, simulation, and actual casework, offering law students an ideal introduction to the performance of lawyering tasks. 

    Students are admitted to the limited practice of law under the Student Practice Rule.

    Pre/Co-Requisite: None

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Research paper:

Written under faculty supervision on a relevant aspect of labor law. Must qualify for the Law School's upperclass writing requirement, and may or may not be used to satisfy that requirement.

(Effective November 6, 2012)