Experiential Skills (EXPSK)

The primary goal of this course is to prepare students to be effective appellate lawyers, in any practice setting as well as in moot court competitions. This upper-level advanced skills course focuses on appellate theory, standard of review, advanced appellate brief writing, and the art of appellate oral argument. The course is designed to build upon the legal research and writing skills learned in the 1L curriculum; to hone and refine writing, research, and oral advocacy skills; and to develop the judgment necessary to be exceptional appellate advocates. Students will work with a partner to prepare a simulated appeal, and will be responsible for analyzing a record on appeal, developing core themes, telling a persuasive story, crafting persuasive arguments, and presenting those stories and arguments in both an appellate brief and in an oral argument. Student work will culminate in a final appellate brief and a series of oral arguments.

This course introduces the fundamental skills of trial advocacy applicable in civil and criminal trials in any jurisdiction. In keeping with the theory that trial advocacy is best learned by "doing," each student will conduct written and oral exercises concerning the various stages of the trial process-pleadings, pretrial motions, discovery, settlement negotiations, trial preparation, jury selection, opening statements, direct and cross examination of lay witnesses, examination of expert witnesses, trial motions, and closing arguments. Students are able to evaluate their own progress through viewing videotapes of their performances. The class meets jointly for lectures, while the oral trial exercises are conducted in small sections.

Every week the entire class meets for a lecture and demonstration session, and also breaks into small group courtroom section meetings during which every student will present a trial exercise. The goals of the course are 1) to improve confidence in public speaking, 2) to learn how to prepare documents that conform to multiple sources of rules, and 3) to implement the unique protocol for factual, as opposed to legal, persuasion.

This course introduces students to the dynamics of a productive attorney-client relationship, the goals of interviewing and counseling, and structures and techniques that can be used to achieve those goals. The focus is on developing students' skills in interviewing and counseling. Instruction consists of assigned reading, problem-solving exercises, group discussion, and practice through simulations.

This course examines the death penalty from a trial lawyer's perspective. Three main topics will be featured with an in-depth examination of death as the "ultimate punishment"; the relevant constitutional provisions and death-penalty case law; the theoretical research associated with the cost, demographics, and imposition of the death penalty; and the death-penalty trial strategy, from the initial notice of intent to seek the death penalty to the final appeal. Students will engage in mock trial exercises to simulate the lawyer's decision-making process in a capital murder trial.

Negotiation/Mediation combines the law and ethics of negotiation, mediation and settlement with economic and psychological bargaining theory and regular hands-on practice in representing clients in negotiation and mediation. Bargaining theory (including distributive and integrative bargaining), relevant socio-psychological research, negotiation and mediation ethics, the law of settlement, and the basics of contract drafting are all introduced. Instruction consists of assigned reading, a series of simulations and exercises (including drafting a resulting contract), written negotiation planning and self-evaluation, feedback, and group discussion. The course also may involve participation in a full-day Saturday program, and students should be prepared to experiment with various means to maximize their facility in using videoconferencing and other technologies to negotiate and represent clients in mediation.

This course emphasizes the development of effective legal research strategies that take into account choice of format (e.g., the relative advantages and disadvantages of print and electronic sources), cost/benefit analysis of format choice, evolving approaches by law firms and private practitioners to billable research hours, use of computerized tools to organize research results, and presentation of research results to case supervisors. Course content will be presented in a hybrid format consisting of two hours per week of in-class meetings with the remaining credit to be completed by coursework outside scheduled class time through online and written assignments.

This course is designed to introduce students to the techniques and best practices involved in general writing and operative document creation in a transactional law practice. the course involves a series of written exercises completed against the background of readings and lectures describing best practices in written communication and operative document creation.

Students survey the legal issues confronted by entrepreneurs and develop the practical skills to effectively and ethically represent them. Students study how to interview, counsel, plan, draft, and negotiate, by critiquing relevant readings and putting this to use in the context of client interactions and classroom simulations. Students also will draft relevant client correspondence and memoranda typical of those that surface in small business and entrepreneur representation.

Students will learn about problems that entrepreneurs and small businesses encounter during the operation of the business. Topics include: Legally hiring and firing employees; employee privacy; governmental intervention and compliance; handling governmental agency issues (IRS, SEC, DoL, etc.); business expansion; cessation of a business; business divorce and transition planning. The course will provide practical experience for students who wish to represent entrepreneurs or become transactional attorneys. Practical assignments are designed to allow students to identify relevant issues and draft documents resolving those issues. This course is strongly recommended for anyone who plans to represent entrepreneurs and small businesses.

This course covers transactional drafting techniques for any commercial matter, and negotiation exercises useful in all legal settings. It then addresses the structure and law of real estate transactions, including agreements of sale, title and survey matters, leasing, financing, easements, and development rights.

The Medical Legal Colloquium is a simulation-based course focused on the law of medical negligence. During the semester, students prepare for and participate in two abridged mock trials involving medical residents from Penn State Hershey Medical Center. Law students work in teams to develop their theory of the case, meet with medical residents to refine their understanding of medical terminology and concepts, and prepare the medical residents to testify as defendants and expert witnesses before a live jury. Class sessions and readings cover the law of medical negligence, trial advocacy in the medical malpractice context, and ideas for reforming the medical malpractice system.

Innovation in the health care industry is both impeded and fueled by a complex matrix of legal institutions and rules governing every step of an innovation's path from bench to bedside. This course will be divided into two segments. In the six-week legal foundations segment, students will be given a functional understanding of the legal issues relevant to innovation and entrepreneurship in health care. In the eight-week case studies and practicum segment, students will confront a different case study each week, discussing legal obstacles and opportunities and charting a path forward.

This course first will review the way in which the received view of our legal system is modeled upon the supposition of rational decision-making by judges and jurors and the formalistic analysis lawyers adopt in their legal and factual advocacy. The course then will explore the anatomy and operation of the brain that explains why emotion and pattern matching are embedded in every decision. We next will address how lawyers can and must modify their advocacy to judges, argument to jurors, and persuasion of other stakeholders to track the manner in which the brain makes its decisions. Finally, the course will posit ways in which the substantive law, or dispute resolution process could and should be adjusted to better align with the actual pathway used by decision-makers.

This experiential course will provide students with an engaging overview of blockchain technology, cryptocurrency, and smart contracts to introduce them to the essential information every student should know about the legal implications of this emerging, disruptive global technology. The legal landscape includes government, payment systems, intellectual property, regulation, and civil and criminal liability. Blockchain technology is poised to disrupt virtually every industry on a global scale in ways neither rivaled nor contemplated since the advent of the Internet. This course will involve individual and group work and challenge students to consider how technology will impact their lives, their communities, and the world and prepare them to stay on the leading edge of innovation. Additionally, expert guest lecturers from the ecosystem (tech, law, business) will visit the class in person or via Zoom to present current issues, hot topics, and future trends.

This experiential course covers and analyzes the cutting edge legal issues and principles, developments, and business practices in the entertainment industry. Primary emphasis is on the impact of digital technology and the Internet in the film, television, publishing and music industries, but the course may also address fashion, gaming, and virtual worlds and digital currencies. Although the specific topics covered in a given semester will vary and be driven by the current headlines, likely areas of interest include constitutional protection of entertainment projects, copyright protection, creative control, credit, defamation, enforcement of contracts, idea disclosure, impact of new technologies, marketing of entertainment product, privacy, right of publicity, social regulation of entertainment products, talent representatives and trademark protection.

The course provides a foundational understanding of the legal, policy, and technical architecture in the domain of cyberspace. The course will introduce students to the domestic (federal and state) and international legal frameworks that govern cyberspace, and the institutions (both public and private) charged with addressing those challenges. The course explores a number of case studies, including cyber events that have affected both government agencies, individuals, and private companies. The course will culminate in a two-day simulation exercise with the U.S. Army War College designed to incorporate and test the knowledge and skills acquired during the course in a practice setting. This course is offered as a partner to Cyberspace Law & Policy Seminar; students may take both courses or only one.

This experiential course covers and analyzes the cutting edge legal issues and principles, developments, and business practices in the entertainment industry. Primary emphasis is on the impact of digital technology and the Internet in the film, television, publishing and music industries, but the course may also address fashion, gaming, and virtual worlds and digital currencies. Although the specific topics covered in a given semester will vary and be driven by the current headlines, likely areas of interest include constitutional protection of entertainment projects, copyright protection, creative control, credit, defamation, enforcement of contracts, idea disclosure, impact of new technologies, marketing of entertainment product, privacy, right of publicity, social regulation of entertainment products, talent representatives and trademark protection.

This experiential course will provide students with an engaging overview of blockchain technology, cryptocurrency, and smart contracts to introduce them to the essential information every student should know about the legal implications of this emerging, disruptive global technology. The legal landscape includes government, payment systems, intellectual property, regulation, and civil and criminal liability. Blockchain technology is poised to disrupt virtually every industry on a global scale in ways neither rivaled nor contemplated since the advent of the Internet. This course will involve individual and group work and challenge students to consider how this technology will impact their lives, their communities, and the world and prepare them to stay on the leading edge of innovation. Additionally, expert guest lecturers from the ecosystem (tech, law, business) will visit the class in person or via Zoom to present current issues, hot topics, and future trends.

In collaboration with the Cumberland County CASA Program, this course will address topics such as Children and Youth Services and the legal system, cultural diversity, child development, confidentiality and ethics, the role of the CASA volunteer, and community and social service resources. This course will prepare students to serve as a CASA volunteer

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