Master of Arts in Legal Studies

This course focuses on the fundamental principals, concepts, and development of criminal law and the constitutional provisions which govern it. The course further discusses the relationship of the individual to the state and includes an examination of the general framework of criminal law as a means of social control.

This course addresses the specific constitutional rights, including the fourth, fifth and sixth amendments as those that have a direct impact on the defendant and prosecution in the judicial process. The course will review issues of the pre-arrest stage to post conviction remedies, as well as the procedural laws in the criminal justice process and their limits. The parameters of these limits will be analyzed by studying various court decisions.

Part one of this graduate level two-part intensive legal writing program is designed to develop students’ research and writing skills. Students will learn and practice the skills necessary for identifying, locating, and using legal resources, including primary sources of administrative, statutory, and case law; secondary authority; and research reference tools, to include computer research tools, commonly used in the practice of law. Students will also explore the process of legal analysis, incorporating the results of their legal research into correspondence, case briefs, legal memoranda, and motions.

Part two of a two-part graduate level intensive legal writing program is designed to develop students’ research and writing skills. Students will further develop their research, legal analytical, and writing, with emphasis on logical reasoning and clear, concise, and convincing writing. Students will complete several legal writing assignments, which will synthesize research, analytical, and technical writing skills. PREREQUISITE: Methods of Legal Research and Writing I.

Pre Reqs: Methods of Legal Research and Writing I(LSTD504)

This graduate course is an introduction to real property concepts. The course surveys present and future estates in land, ownership, and concurrent ownership. Leasehold interests, gifts and bequests, covenants and servitudes, conveyancing, various land use restrictions, and eminent domain are also considered.

This graduate course is designed to introduce students to the concepts and sources of contract law. This course evaluates the various components of a legally binding agreement or promise and surveys the major issues affecting such enforceable agreements. Students will examine what constitutes breach of contract and the remedies available. The role of contracts in the commercial arena and in society will also be analyzed.

This graduate course will focus on the fundamental principles, concepts, and development of tort and personal injury law, while combining theoretical and practical applications of such principles and concepts. The course presents an overview of the substantive law governing compensation for injuries to property and to the person. Specific areas of study include negligence and defenses to negligence; products liability and strict liability; negligent infliction of emotional distress; injury to property; tort immunities and tort investigations. Students will examine the analytical process used both to understand court opinions and hypothetical problems in this area of the law. The course highlights the public policy objectives and social forces behind the development of tort and personal injury legislation.

This graduate course will explore advanced principles, doctrines and controversies regarding the structure of and division of powers in American government. Specific topics include judicial review, jurisdiction, standing to sue, federalism, federal and state powers and immunities, the separation of powers among the branches of the federal government, the First Amendment, and the Equal Protection Clause.

This course is a conceptual and functional analysis of the legal framework and principles of employment law, with emphasis on discrimination in the workplace. Primary topics include the employment relationship; discrimination based on race, gender, age, national origin, religion, and disability; sexual harassment; affinity orientation; testing and performance appraisal; labor/management issues; privacy; health, safety, worker's compensation, and employee benefits. Issues are addressed from a management perspective so that students understand how to manage efficiently with a full understanding of the legal ramifications of their decisions. Students are shown how to analyze employment law facts so that they can arrive at good management decisions based on relevant legal considerations.

The course will consider the rationalist approach to conflict analysis, along with other theoretical approaches to international relations theory. It will examine the generic nature of conflict, whether between individuals or nations. It also directly addresses international conflict, its origins, discernible patterns, routine components, range of outcomes, and modes of conflict prevention or amelioration. Conflict resolution theory will be applied to various cases of contemporary conflict among nations. Students will develop a thorough awareness of the origins of conflict, various approaches to conflict analysis and resolution, as well as strategies for conflict prevention.

The course is designed to introduce students to the concepts and sources of international law that evaluate the various components, processes, and functions of the international legal process and consider how international law impacts the laws within the United States. Additionally, the current state of the international legal order is reviewed with legal opinions regarding major philosophies, components and current practices and problems of the field of international law.

This Independent Study is an opportunity for Legal Studies graduate students to pursue an independent research project under the mentorship and discretion of a faculty member. The course requires a major research paper; there will be no examination. Students will submit a request to take the independent study to the Registrar and will include the name of a faculty with whom they have coordinated. Prior to registering, students should first contact the professor with whom they wish to mentor their independent study, coordinate an agreement on the grading requirements, and then NOTIFY their Student Advisor with the name of their professor. The final approval to take the independent study will be made by the Program Director.

This graduate course is a study of the Islamist movement that seeks to impose tenets of Islam and Sha'aria via “legal jihad”. Students will analyze litigation in American courts and abroad against those who speak out against or write about radical Islam. Legal issues such as free speech, forum shopping, “libel tourism,” and anti-SLAPP statutes will be studied. Students will examine the cumulative effects such litigation has on the global war on terror.

This graduate course is a study of the law of armed conflict in terms of attempts to define, regulate, and mitigate the conduct of individuals, nations, and other agents in war. Students will analyze the historical development and judicial theories surrounding the subject. Legal principles such as the use of force, development and utilization of weapons, individual protections, and criminal responsibility will be examined. Students will also evaluate case law and international treaties on the topic.

This graduate course will examine the rules governing the admission, exclusion, and presentation of evidence in judicial proceedings. The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Topics to be covered in this course include relevance; authentication; categorical rules of exclusion; character and habit evidence; witness qualification, competency, and examination; privileges; the “Best Evidence” rule; the hearsay rule and its exceptions; judicial notice; burdens of proof and presumptions; impeachment and rehabilitation of witnesses; and appellate review of evidentiary rulings.

This course is an introduction to sports-related legal issues and concepts. Its focus is on providing an overview of the major legal issues associated with sports, sports management, and the sports industry. Students will conduct research, read, and write on issues associated with the sports legal industry. Topics include but are not limited to discrimination, legislation, regulation and rights, competition, contract, labor, tort and trademark law, and administrative, antitrust and constitutional law.

There is a complex, ongoing interaction between law and public policy in the United States, and with renewed emphasis on deregulation, decentralization, downsizing and reengineering, there is an increasing awareness that public policy, and the administrative law system that manages it, are subject to intensifying political and cultural pressures. The attempt to solve social issues by new laws and regulations has created results that were often unforeseen and has led to increased attacks on the administrative law process in the courts and in legislative chambers. These constant changes have made this a difficult time for public managers. This course examines the sources, operation and consequence of such changes on the law and public policy formation, and analyzes public policy initiatives from political and legal aspects as to their intentions, achievable aims, and intended and unintended outcomes.

Preparation for the Legal Studies research seminar begins on day one of a student's graduate program of study. The theories, research methods and analytical skills, and substantive knowledge obtained through their master's curriculum provide the basis for the research seminar project. Students will support the thesis effort, including gathering bibliographic and reference materials on the research seminar topic including developing individual course research papers that may become sections of the final research seminar. Students will address the requirements as described in the syllabus and classroom assignments. The research seminar proposal shall be prepared in accordance with the standards of the academic discipline. The research seminar proposal must provide a clear and lucid description of a legal issue and a proposed method of analysis of the problem. Guidance on the format of the research seminar proposal and a sample proposal are contained in the APUS Thesis Manual. PREREQUISITE: Students may take the research seminar after all other course completions.