Insurance Law
This course concerns personal and property insurance, together with the rights and powers of the insurer, the insured, the beneficiary, the assignees, and creditors.
This course concerns personal and property insurance, together with the rights and powers of the insurer, the insured, the beneficiary, the assignees, and creditors.
This course builds on the basic Admiralty I course and develops the requirements for seaman status under the Jones Act, seaman's remedies, maintenance and cure, the warranty of seaworthiness, Death on the High Seas Act as well as the defenses available. The course also explores the jurisdictional requirements of the Longshore and Harbor Workers' Compensation Act and its incorporation as a remedy under the Outer Continental Shelf Lands Act, remedies of maritime employees and obligations of maritime employers. In addition, students will learn the administrative process of the Longshore Act.
This course consists of a detailed exploration of the protection of creative expression—literature, music, visual art, and motion pictures. While focusing primarily on the copyright act, the course also will consider those areas of patent and trademark law that overlap with copyright or form the boundaries. The challenges created by new technology, such as computers, home video recorders, and cable television will receive particular attention. Additionally, some attention will be given to related doctrines in other countries.
This course focuses on the means for obtaining legal protection for patentable and unpatentable inventions and for technical knowledge. Licensing and aspects of litigation affecting these rights also will be discussed.
This seminar is open to candidates of the Loyola Law Review, Journal of Public Interest Law, or Maritime Law Journal who are currently writing a comment. Others may enroll with instructor's approval. Students enrolled in this seminar will write and edit one substantial comment and, in addition, evaluate and edit the writing of other students. Students will be evaluated on the basis of their research, writing, and editing skills. Instructor approval required.
This course focuses on the law and procedures relating to federal agencies. Federal and state administrative agencies affect virtually every aspect of daily life. Indeed, the administrative state is sometimes called the "fourth branch" of government. Often invisible to the public, these agencies are responsible for regulating and enforcing laws regarding the environment, national security, food and drugs, labor relations, international trade, telecommunications, intellectual property, zoning, and immigration (to name but a few).
This course deals with requirements of Article III of the United States Constitution such as standing, ripeness, and mootness. A major portion of the course is devoted to problems relating to concepts of federalism and comity between the state and federal systems. The class also analyzes the relationship between the branches of the federal government. For example, the extent to which Congress may withdraw jurisdiction from those courts and the power of the court to review actions of coequal branches are issues receiving attention.
This course examines the laws and doctrines (federal and state) that regulate and impact the employer-employee relationship. Among the topics typically explored in this course are: employment at will; employment contracts (express and implied); whistleblower and mass layoff protections; restrictive covenants and trade secrets; an introduction to federal labor law and anti-discrimination law, wage and hour laws; the Family and Medical Leave Act (FMLA); and applicable claim procedures, defenses, remedies, and litigation strategies.
This course covers the history of the interpretations of § 1983, immunities, governmental liability, nature of wrongs redressed, relationship to state law (e.g., res judicata, borrowing state law, exhaustion), attorney's fees, abstention, and sovereign immunity.
This course involves a specialized study of the nature of interests in oil, gas, and other minerals, including the remedies of the owner against the adjoining landowner and the trespasser, the nature of the mineral contract, sale and reservation of mineral rights, prescription of mineral rights, and the mineral lease.