Provides an overview of legal and policy questions relating to aging individuals and an older and aging society.
Focuses on general lifetime estate planning and estate planning at death based on the study of the relevant federal wealth transfer and income tax rules.
Prerequisite: Trusts and Estates
Drafting and planning techniques of general application (for both married and unmarried persons and for persons of moderate and little wealth) are emphasized throughout. The course also covers important lifetime directives, including durable powers of attorney for property, health care proxies and living wills. In lieu of an examination, Estate Planning II involves a project. Students form teams of 2 and 3 (although you can work alone should you so choose) and prepare a will and trust for a hypothetical married person, taking into account all relevant tax and non-tax factors. The team or individual can select New York or any other state law in doing the project. The project is designed to give you an experience transferable to actual practice.
Estate Planning I is a prerequisite for Estate Planning II.
This course provides an introduction to practical topics in estate and financial planning, including advance directives for financial management and health care decisions, long term care planning, revocable living trusts and retirement plans. In lieu of an examination, Financial Planning for the Elderly involves a project. Students form teams of two and three (though it is permissable to work alone) and prepare a plan for a hypothetical single person, taking into account all relevant gift and income tax and non-tax factors. The project includes draft documents and an explanatory cover letter to the hypothetical client. This course is designed to provide an experience transferable to practice.
Prerequisite: Trusts and Estates
Surveys federal income tax law, especially as it relates to taxation of individuals.
Focuses on laws of interstate succession; execution, revocation, probate, and construction of wills; non-probate transfers; nature and creation of express, resulting and constructive trusts; powers of appointment; and fiduciary administration.
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.
Presents exercises in solving typical problems in the formation and operation of closely-owned small businesses, including business and financial considerations, and application of state and federal tax, partnership and corporation laws to such organizations. Business organizations and Introduction to Taxation are recommended, but not required prerequisites.
Studies problems in cases having contact with two or more states or nations. Course has three basic components: jurisdiction, choice of law, and recognition and enforcement of sister-state and foreign judgments.
Family Law examines state regulation and intrusion into the family and the constitutional limitations and rights therein. The course will introduce students to the primary triad of interests: the parents, the child and the state. Additionally, the course will introduce students to the evolution of families and how family law has responded to social change. Topics will include the varying definitions of a "family", the legal relationships between parent and child, the nature of marriage and civil unions, family after separation or divorce, child custody, paternity/maternity, child support, child abuse and neglect, termination of parental rights, the foster care system, adoption, domestic violence, reproductive rights, privacy, gender and caretaking, and the role of the family court system. Further, the course will examine issues of intersectionality based upon race and socioeconomic class. The classroom is primarily lecture-based with opportunities to participate in classroom simulations, petition-drafting, and small group activities.
Family Law Practicum integrates skills training
into the traditional basic family law course, which focuses on state
intervention in family relationships. Select topics may include: informal
and nontraditional familial relationships, divorce, separation agreements,
property distribution, child custody, spousal and child support, paternity
proceedings, adoption, abuse and neglect proceedings, and the role of the
lawyer as counselor. In addition, the course will include regular skills
training sessions, designed to afford the students the opportunity to learn
skills related to modern family and matrimonial court practice. Final
grade will be based on a final exam (75%) and five simulated exercises
including interviewing, drafting, client counseling, negotiation, and
conducting a direct and cross-examination (25%).
Studies the rules governing federal taxation of corporations and their shareholders. Covers tax consequences to corporations and shareholders of corporate formations, distributions, redemptions, and liquidations.
Prerequisite: Introduction to Taxation
Studies the rules governing the federal taxation of pass-through business entities, including partnerships, LLCs, LLPs, etc. Topics include tax consequences of the formation of pass-through entities, allocation of tax items to partners and members, distributions by pass-through entities, and sales of interests in these entities.
Dozens of field placement opportunities exist for second- third-year students. They spend a minimum of 10 hours per week at their field placement site and participate in a one-hour weekly seminar.
Note that most field placements need to be topic related and approved by a concentration advisor to count toward a degree.
Examines legal issues involved in guardianship for minors and adults unable to make decisions for themselves.
This survey course covers several topics essential to an understanding of the health-care system and the issues confronting health-care lawyers today. The topics are: health-care delivery systems; quality of and access to health care (including medical malpractice, institutional liability, and allocation of health-care resources); health-care professionals' rights and responsibilities (including professional licensure/discipline and institutional peer review); and patients' rights (including informed consent, advance directives, surrogate decisionmaking, research involving human subjects, determination of death, and anatomical gifts).
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.
Focuses on statutes and decisions governing transfer and risk distribution of potentially harmful events. Examines contract law and considers the business of insurance from the standpoint of regulators, courts, insurers and consumers.
Studies substantive and procedural law pertaining to marital dissolution, combining conceptual analysis with practical matters involved in representing a client with a matrimonial problem.
The number of elderly Americans is
projected to increase significantly over the next few decades. Life expectancy
is still increasing; the economy and job growth are sluggish; millions of
Americans lack adequate health insurance; health care costs are rising at a
rate far higher than the general inflation rate; and the Administration and
state governments are attempting to implement the Affordable Care Act in the
face of budgetary constraints and implacable opposition from certain groups. In view of these factors, issues
involving retirement planning, health care and the elderly will continue to be
important for the foreseeable future, and will offer public and private job
opportunities to our graduates. Accordingly, I think that it would be
beneficial for us to offer a course that will give them a solid introduction to
these topics without excessive duplication of issued already adequately covered
in other courses. The new course will replace the existing Employee Benefits
course which we have offered for many years, though not every year.
The course will cover:
1. Federal pension
law under ERISA and the Internal Revenue Code;
2. Social Security
and Medicare coverage and benefits, including policy and financial issues; and
3. The major
new rules under the Affordable Care Act relating to access to health care, how
health care is provided and financed, patient protections, employer-provided
benefits and quality improvement.
Provides exposure to technical skills needed to represent clients successfully in estate matters. Emphasizes procedural aspects of estate work and precise methodology to present the client's case, as petitioner or objectant.
Written under faculty supervision on a relevant aspect of estate planning. Must qualify for the law school's upperclass writing requirement, and may or may not be used to satisfy that requirement.
(Effective June 22, 2015)
80 New Scotland Avenue, Albany, NY 12208-3494
| PHONE: 518-445-2311 |