Designed for students accepted to participate in an exchange program while enrolled at William S. Richardson School of Law. Must obtain prior approval for the transfer credits. LAW majors only. CR/NC only.
Examines conditions that lead people to become active, self-governing agents. Covered are strategies and tactics of organizers, history of social change movements, anti-subordination theories of justice and organizing case studies. Repeatable up to four credits. (Once a year)
Introduction to the protection of cultural, archaeological, and historical resources with emphasis on key federal and state laws. (Once a year) (Cross-listed as HWST 653)
Comprehensive program that teaches students the analytical and presentational skills necessary for excellent legal writing. Introduces students to legal problem solving and writing through the types of documents lawyers prepare in practice.
A comprehensive program that teaches students the analytical and presentational skills necessary for excellent legal writing. Introduces skills and strategies for preparing written legal arguments and oral advocacy. Pre: 504.
Law of private agreements. Focuses on common law doctrines with some attention to key Uniform Commercial Code provisions. Examines the bases of promissory liability, contract formation, defenses to enforcement, contract interpretation, breach, and remedies. (Fall only)
A study of the law of employment discrimination.
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 private practice- negotiation. The class also examines the rapidly developing field of alternative dispute resolution (ADR), including mediation, facilitation, arbitration, and court-annexed ADR. (Cross-listed as CEE 614)
Law of private agreements. Explores the evolution and application of common law doctrines, and, where applicable, relevant provisions of the Uniform Commercial Code. 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.
Continuation of 509.
Introductory consideration of selected topics relating to functions, structure, and responsibilities of the legal profession and its future role in society.
Seminar addresses a legally and socially important contemporary issue-healing present-day wounds of historic injustice. Considers how to repair the continuing social damage of injustice. (Once a year)
Examination of substantive rules, enforcement procedures, and rationales of criminal law in the U.S.
Exploration of fundamental concepts of law relating to children, ethical issues, and the role of lawyers in assisting children, and how the child’s rights and obligations are balanced with those of parents and state. (Once a year)
Examination of the rights and remedies available to a failing business and its creditors when the business seeks to reorganize its business and financial affairs under chapter 11 of the federal bankruptcy code. The course is structured as a “practicum,” which tracks a single business through restructuring and emphasizes the practical and strategic aspects of lawyering. Recommended: 562.
Study of pre-trial, trial, and appellate procedures in the federal and Hawai‘i courts.
Continuation of 516. Pre: 516.
Basic course in property ownership, development, regulation. Emphasis on theory.
Contract of sale, equitable conversion, deed. Pre: 518.
Faculty members or visiting scholars present selected topics focusing upon subject areas in their area of specialty or expertise. (B) business law; (C) Constitutional law; (D) criminal law; (E) critical legal; (F) education law; (G) health law; (H) intellectual property law; (I) practice of law; (J) public interest law; (K) topic 10; (M) topic 11; (N) topic 12; (O) topic 13; (P) topic 14; (Q) topic 15; (R) topic 16; (S) topic 17; (T) topic 18; (V) topic 19; (W) topic 20. Alphas B-Q repeatable three times, up to 12 credits; alphas R-W repeatable three times, up to 16 credits.
Introduction to basic legal issues at the intersection of law, aging and medicine. Addresses various issues confronting elderly; issues confronting the general population including health care financing, decision-making, and bioethics.
Torts cover 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.
Approaches psychology as a problem solving tool that can facilitate legal analysis. Covers a variety of areas including jury decision-making, research methodology, social cognition, culture, and behavioral economics, among others. (Once a year)
Advanced study of several areas of tort law and an introduction to insurance law and policy. This course is of considerable importance to students interested in civil litigation and personal injury law. Recent important developments in Hawai‘i tort and insurance law will be included.
The interrelationship between the legislative and judicial branches of government is explored through a review of Federal and Hawai‘i law-making processes, direct democracy, legislative drafting, and theories of the legislative process and statutory interpretation.
Designed for maximum flexibility, this course allows a professor to work with a small number of students on a reading/ discussion project of mutual interest. Repeatable up to 15 credits. Pre: consent.
Examines Federal Indian Law, including fundamental concepts and the historical evolution of legal doctrines. Considers the implications of Native Hawaiian sovereignty within the framework of Federal Indian Law. (Once a year)
Seminar required for spring semester of all second-year law students. Substantial paper required. Topics announced in previous fall semester. Placement by lottery.
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.
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.
Introduction to judicial function in constitutional cases, jurisdiction of the U.S. Supreme Court, and discretionary barriers to judicial review.
Advanced course in constitutional law with special emphasis on rights secured by the First, Fifth, and Fourteenth Amendments to the Constitution of the U.S. Pre: 533.
A study of the law relating to property rights resulting from intellectual effort, including patents, copyright, trademarks, and trade secrets.
Seminar considers the impact of racism on American law and ways that individuals trained as lawyers might combat racism in our culture and within the institutions in which we live and work. Pre: 533. (Once a year)
Problems respecting the law applicable in transactions or to relationships with elements in more than one state.
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. Repeatable unlimited times.
Hands-on workshop class in drafting contracts, agreement, and similar documents for commercial/business purposes. LAW majors only. Pre: 506, or 509 and 510.
Issues of free press and fair trial, illegal search and seizure, arrest and confession, speedy trial, double jeopardy are covered through student interactions as defense or prosecution attorneys and as judges.
Addresses various aspects of complex litigation and recent criticism of the civil litigation system itself. Theoretical in emphasis.
“Objection, your Honor!” This course examines the rules of evidence that govern trials in both federal and Hawai‘i courts and will focus on such topics as hearsay, witness examination, impeachment, physical and demonstrative evidence, expert testimony, writings, relevance, judicial notice, and presumptions.
U.S. 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.
Theory and practice of the law relating to the transfer of rights in information and other intangibles are examined together with end user license agreements and the structure and negotiation of upstream licensing mechanisms. Repeatable up to three credits. Pre: 535 or departmental approval. (Once a year)
January term provides students the opportunity to explore contemporary legal topics with national and international experts. (B) alternative dispute resolution; (C) rule of law; (D) law practice; (E) diversity; (F) access to justice; (G) public law; (H) legal theory; (I) legal practice; (J) rights. Repeatable five times. (Once a year)
Examines how international law and domestic legal systems address and resolve conflicts regarding women’s rights, gender roles, and gender identity. Takes a comparative approach with emphasis on the Asia-Pacific region. (Cross-listed as PACE 637 and WGSS 647)
Introduction to U.S. Immigration and Nationality Law: a brief overview of historical development of immigration law; analysis of exclusion and deportation grounds and remedies; the study of both immigrant and nonimmigrant visa applications and petitions. Current law on asylum and refugee applications and U.S. citizenship and naturalization requirements.
Introduction to U.S. maritime law and admiralty jurisdiction emphasizing development of rules of maritime law and rights of seamen and maritime workers.
Examines tax aspects of formation, operation, reorganization, and liquidation of partnerships and corporations.
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.
Introduction to Uniform Commercial Code, particularly Article 9– reducing risk of nonpayment by obtaining an interest in borrowers’ property.
Legal work for judges and attorney supervisors in public agencies, private law firms, and the legislature. (H) Hawai‘i; (P) outside Hawai‘i. Repeatable three times for (H). CR/ NC only. Pre: consent.
An introduction to Feminist Theory for lawyers, with emphasis on the response of the legal system to gender subordination.
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.
Provides an understanding of the basic financial concepts and tools for lawyers with transactional practices, preferred stock, common stock and convertible securities. Pre: 531 (or concurrent) or consent.
Regulation of union management relations under state and federal laws.
An interdisciplinary (JD-MBA) course examining legal, business, and technology issues related to building high growth companies. Student teams develop company feasibility reports and skills necessary to advise or build high growth businesses. Recommended: 531. Law students only. (Once a year) (Cross-listed as ME 680)
Procedure and remedies for resolving controversies between citizens and government officials exercising administrative power.
Bankruptcy laws and rules, laws of liens, receiverships.
Examination of 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. CR/NC only. Pre: 543 or consent.
Theory and practice of civil pre-trial litigation with focus on pleading, discovery, and pre-trial motions. CR/NC only.
An introduction to American securities regulation and focuses on the registration and reporting process required of public companies as well as securities litigation. Repeatable three times. Recommended: 531.
Examines the meaning, scope, and role of non-profit organizations in contemporary society, and focuses on selected non-tax laws and primary tax issues relevant to non-profits. Law students only. Recommended: 531 and 567. (Once a year)
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.
Legal forms of–and responses to–formation, maintenance, and dissolution of the family. Marriage, annulment, divorce, alimony, separation agreements, child custody and adoption, parentage.
In-depth study of Uniform Commercial Code, Article 2–domestic sales of goods, including warranties, manner, time and place of performance, buyers’ and sellers’ remedies for breach of contract, limitations of freedom of contract.
Law and literature both inhabit the realm of interpretation, rhetoric, ethics, and epistemology. Will read and analyze literary texts to explore, law, race, and power.
An examination of the jurisdiction and law-making powers of the federal courts, standing issues, appellate jurisdiction of the Supreme Court, federal-question and diversity-of-citizenship jurisdiction of the federal district courts, 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 on relevant Federal Rules of Civil Procedure. Pre: 533 (or concurrent).
The growing body of international human rights laws, including procedural law and role of nongovernmental organizations.
Relationships between the concepts of law and morality with views of legal and moral philosophers.
City, town, county, district governments: administrative organization; regulatory powers; police power; local governmental taxation; relationship between local, state, and federal government.
Will introduce some of the basic doctrinal issues lawyers face when representing artist, museums, gallers, publishers, collectors and others involved in the production and dissemination of art. Will also explore fundamental questions of jurisprudence through the lens of art.
Individual research and writing under the direction of faculty.
Survey course of public land use management. (Cross-listed as PLAN 680)
Federal and state laws in the practice of real estate development and financing law. Condominium, securities, subdivision, consumer protection, and mortgage areas.
Focuses on the civil rights of Americans and introduces alternative remedies and procedures for securing these rights.
Workshop to learn policy development, procedure, legislative drafting, and legislative research skills applicable to Hawai‘i State Legislative process.
Employment law, statutory rights affecting the employment relation, and alternative contract provisions to secure the parties’ intentions. Focus on the practical application of labor and employment law. Materials relating to the unionized employment relationship. Emphasis on the labor arbitration process and possibly, to issues regarding internal union affairs.
(B) Prosecution Clinic; (C) Defense Clinic; (D) Elder Law Clinic; (E) Environmental Law Clinic; (G) Estate Planning Workshop; (H) Legal Aid Clinic; (I) Native Hawaiian Rights Clinic; (J) Family Law Clinic; (K) Entrepreneurship and Small Business Clinic; (M) Mediation Clinic; (N) Lawyering Skills Workshop; (P) Mediation Workshop; (Q) Immigration Clinic; (R) Child Welfare Clinic; (S) Hawai‘i Innocence Project I; (T) Hawai‘i Innocence Project II; (U) Medical Legal Partnership; (W) Advanced Elder Law Clinic (3).
Repeatable one time for (K), (I), and (J); repeatable two times for (W); repeatable three times for (D) and (E); repeatable four times for (H). LAW majors only for (R), (S), (T), (U), and (W). CR/NC only for (N) and (W). Pre: 543 for (C); 561 or LWEV 582 for (E); 568 or consent for (J); 548 for (Q); 590D for (W). (Once a year for (K)) (Alt. years for (U))
Interactive course addressing important topical ethical issues in areas including the corporate, entertainment, medical, legal, political, education, and sports worlds. Renowned knowledgeable guests will discuss critical issues in their respective fields through panel conversations. LAW majors only. (Summer only)
Explores the development and use of new technologies in the global economy, social culture, copyright law, cyberspace, e-commerce, privacy, security, trademarks, domain names, tort liability, criminal activity, speech, and social and ethical issues.
Designed for law students participating in an international exchange program, visiting student program, or independent study while enrolled at UH Mânoa. Student must obtain departmental approval prior to registering. CR/NC only.
Individual reading and research for SJD dissertation under supervision of faculty instructors. Repeatable two times, up to 36 credits. LAW students only.
Provides SJD students with an overview of legal scholarship in a series of related fields. Students will be introduced to different research approaches and areas of legal analysis through presentations by instructor and other faculty. Repeatable two times, up to 12 credits. LAW students only.
Provides SJD students with an overview of fundamentals for academic writing skills and opportunity to improve their writing of dissertations. Repeatable two times, up to 12 credits. LAW students only.
Seminar covering federal and Hawai‘i laws that govern the management of wildlife resources, with a particular focus on wildlife conflicts arising in Hawai‘i.
Real estate transactions are an important and growing conservation strategy; examines land transactions within the environment of conservation. (Once a year)
In depth study of the federal and state environmental laws that impact modern businesses and industries, and exploration of the compliance issues that arise under the statutes, regulations, and case law.
Study of contemporary topics in environmental law to change periodically as to issues and topics. (B) advanced environmental law; (C) regulatory; (D) legislature; (E) policy; (F) judicial. Repeatable six times.
Study of the international regulation of activities and processes used to prevent environmental degradation and to preserve resources of environmental value.
Seminar on the techniques, law, and strategy involved in federal and state court environmental litigation.
Climate change is a core challenge that will influence law and policy well into the future. Students will study climate change science, litigation, law and policy at state, national, and international levels. (Once a year)
Examination of major federal statutes, regulatory and case law, and Hawai‘i counterparts. Policies behind hazardous waste laws and their impact on individuals, community, and businesses.
Basic statutory law and policy questions and problems concerning the environment. Focus on federal Hawai‘i issues.
Legal aspects of water and water rights with focus on Hawai‘i.
Examination of U.S. and Hawai‘i ocean and coastal law covers modern issues concerning the protection and use of the native environment including challenges in Hawai‘i.
Examination of the history of international ocean law, including comprehensive coverage of modern problems and issues concerning the laws of the sea.
An honors program for students who prepare for and compete in national advocacy. Travel/registration fees required. (B) Black Law Students Association; (C) client counseling; (D) Hispanic Bar Association; (E) environmental law; (H) Native American; (J) Jessup international; (K) international environmental law; (M) intellectual property; (N) labor; (O) other; (S) space law; (T) trial team. Repeatable one time; up to four credits for (S) and (T). CR/NC only. Pre: selection by competition.
Students selected for the Law Review editorial board have responsibility for editorial research, writing, and production of the Law Review published by the School of Law. Repeatable four times. CR/NC only.
Students selected for the Asian-Pacific Law and Policy Journal editorial board have writing, researching, editorial and production responsibility for publication of the journal. Repeatable five times. CR/NC only.
General introduction to the fundamental principles and distinctive aspects of the American legal system and its institutions.
Introduction to the basic principles of American legal research and writing. Students review techniques of case and statutory analysis and learn to write a professional legal memoranda and client opinion letters. LL.M. students only.
Provides a theoretical understanding of the process of law making and of developing and implementing a research plan. LAW majors only.
Learn to plan the prewriting process for such scholarly assignments as Second Year Seminar (SYS), writing for law review, moot court competitions, and in any course involving a scholarly approach to research and writing. LAW majors only.
Designed to meet the needs of students who require an advanced course on research in a specific area of law. (E) environmental law research; (F) foreign law research; (H) Hawai‘i law research; (I) international and foreign law research; (P) prepare to practice; (Q) topic 5; (R) topic 6; (S) topic 7; (T) topic 8; (U) topic 9; (V) topic 10. Each alpha repeatable four times, up to 15 credits. LAW students only.
Intensive writing that satisfies the law school’s upper division writing requirement and results in advanced law paper of publishable quality, extending over two consecutive semesters of study. Repeatable one time, up to 4 credits. LAW majors only. A-F only.
Interdisciplinary seminar used LP 1 assignments and additional readings to discover and deliver the theoretical and practical underpinnings of substantive law assignments and the methodology used to teach them. Instructor approval required. Repeatable up to eight credits.
Interdisciplinary seminar uses LP II assignments and additional readings to discover and deliver the theoretical and practical underpinnings of appellate advocacy and negotiation the methodologies used to teach them. Instructor approval required. Repeatable one time. (Spring only)
Study of principles and practices of teaching legal discourse one-to-one, transferring materials from composition theory and linguistics into practical papers and methods to assist students to research and write legal documents. Instructor approval required. Repeatable one time. (Fall only)
Study of principles and practices of teaching scholarly legal discourse and appellate advocacy one-to-one, transferring composition theory and linguistics into individualized methods make the legal writing process efficient and the product effective. Instructor approval required. Repeatable one time. (Spring only)
An extended historical review of the foundations of Japanese law in society: Japan’s adoption and adaptation of Chinese legal doctrines, continental European legal structures and ideas, and American influences. Consideration of the structure of contemporary law in Japan: a look at the various players in the legal system, some important legal doctrines, and the real-world operation of Japan’s laws today.
Comparison of corporate insolvency law of selected Asian and Pacific island countries, with a focus on recently enacted laws and pending proposals that have followed the 1997 Asian Financial Crisis. Law students only. Recommended: LAW 515, LAW 554, LAW 562. (Alt. years)
Area studies of Asian legal systems and issues, focusing on administration of Asian labor laws in a comparative context. Possible effects on foreign direct investment and foreign migrant contract workers. Comparison of Chinese, Japanese and other legal approaches in dealing with common issues.
Designed to give an understanding of international criminal law. Will review all aspects of international criminal law from substantive international crimes to criminal liability and sentencing by domestic and international tribunals. LAW majors only.
Provides students with an understanding of the law, society, and legal systems in Korea. Areas of law including constitutional, civil, criminal, and business are discussed. Emphasis on South Korea. Law majors only.
Offered to provide advanced human rights courses at the Law School. The purpose is to convey an understanding of the current situation concerning human rights in Asia, and to facilitate a chance to think about what the future may bring.
A survey of human rights norms, institutions, and implementation mechanism of international human rights law in light of the rapid development of regional cooperation and integration in Asia.
Selected topics presented by faculty members or visiting scholars, focusing upon subjects in the Pacific and Asian area. (B) business; (C) China; (G) global; (H) Philippines; (I) India; (J) Japan; (K) Korea; (P) Pacific; (S) Southeast Asia; (T) Topic 10; (U) Topic 11; (V) Topic 12; (W) Topic 13; (X) Topic 14. LAW majors only for (B) and (H). Repeatable six times for (C), (I), (J), (K), (P), (S), (T), (U), (V), (W), (X); repeatable five times, up to 18 credits for (B), (H); not repeatable for (G).
Focus on the legal environment facing foreign businesses operating in Japan. Includes consideration of the business environment and culture, issues relating to governmental oversight, contract consciousness, corporate law, and dispute resolution. Uses the example of an actual joint venture between an American and a Japanese company as a tool for studying the relevant issues from a practical perspective.
Introduction to business and commercial law in the People’s Republic of China. After a brief overview of China’s political and legal systems, 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.
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.
Status and evolution of rights of Native Hawaiians to the land and its usufructs. Potential of utilizing native rights based on statute, custom, and use to develop new and expanded rights.
Specific topic areas depend on current developments and issues in Native Hawaiian and Indigenous law in Hawai‘i, the nation, and internationally, and expertise of faculty and visiting faculty. (B) policy and governance; (C) business and economic development; (D) law and culture; (E) Indigenous peoples, (F) Indigenous environment and sustainability. Repeatable up to 9 credits. LAW students only.
Designed to acquaint the student with the unique legal history of Hawai‘i, emphasizing particular legal controversies that have shaped the law of our island society. LAW majors only.
Introduction to the legal framework for water resource management in Hawai‘i; case studies illuminate the litigation process and evolution of the public trust, precautionary principle, and other legal, scientific, and policy areas.
Evolving process of formulating rules to govern nations and peoples of the world in their attempts to solve problems recognized as requiring global solutions.
Overview of the historical foundations of Chinese law and introduction to the present legal system in the People’s Republic of China. Repeatable one time. (Cross-listed as ASAN 686)
Introduction to the civil law tradition, particularly as exemplified by the legal systems of East and Southeast 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, judicial process, the legal profession and constitutional law and administrative law in Western Europe and in the Asian civil law countries.
Applying international human rights law and legal skills to promote and protect human rights by way of United Nations Charter-based human rights mechanism, treaty-based mechanism, or other international human rights institutions.
Problem-based course teaches theory and practice of interrelated global private regulation and public development consequences, as situated in cross-border transactions and dispute resolution in world law, international investment law, and international financial law.
Study of substantive rules of one or more Pacific Islands jurisdictions, development of legal systems, relationship of legal systems to culture and tradition.
Primer on the World Intellectual Property Organization and the treaties it administers. 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. 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. Pre: LAW 535.
Introduces foundational concepts in American legal systems. Engages students in legal analysis and techniques of legal advocacy. Repeatable one time. CR/NC only. Pre: Ulu Lehua Scholars only.
Introduces conceptual and historical foundations of systems of public and private ordering in the U.S. and its territories. Subjects include federalism, constitutional democracy, separation of powers, and the common law. Repeatable one time. CR/NC only.