Mar 28, 2024  
2005-2006 Law Catalog 
    
2005-2006 Law Catalog [ARCHIVED BULLETIN]

Course of Study


The School of Law admits students only in the fall semester. Both full- and part-time programs are offered. The course of study is offered on a full-time basis over three academic years and on a part-time basis over four academic years, consisting of two semesters each year.

Courses, programs and requirements may be modified or suspended at the discretion of the School of Law.

Requirements for the J.D. Degree

The first-year program is required, and students must pass all courses to be eligible for graduation.

The curriculum for the second and third years in the full-time program is elective, with the following exceptions: in the second year students must take Appellate Advocacy, Constitutional Law I and Constitutional Law II. In the second or third year students must take Lawyers’ Ethics or Ethics and Economics of Law Practice.

To be eligible for the J.D. degree, students in the full-time program must:

  1. Complete at least 87 credits.
  2. Satisfy residency requirements (see below).
  3. Pass all first-year courses.
  4. Pass Appellate Advocacy, Constitutional Law I and Constitutional Law II (required second year courses).
  5. Pass Lawyers’ Ethics or Ethics and Economics of Law Practice in either the second or third year.
  6. Successfully complete the two upper-class writing requirements.
  7. Achieve a minimum cumulative average of at least 2.0 (C average).

To be eligible for the J.D. degree, students in the part-time program must:

  1. Complete at least 87 credits.
  2. Satisfy residency requirements (see below).
  3. Pass all required courses; including Lawyers’ Ethics or Ethics and Economics of Law Practice in either the second, third or fourth year.
  4. Successfully complete the two upper-class writing requirements.
  5. Achieve a minimum cumulative average of at least 2.0 (C average).

Upper-Class Writing Requirements

All students must satisfy two upper-class writing requirements. Writing Requirement I is satisfied by writing a substantial scholarly research paper in a seminar taught by a full-time faculty member or by registering for and submitting a substantial research paper for an independent study. The minimum acceptable grade for Writing Requirement I for both of these alternatives is C+. The grade of C+ must be for the paper itself, not a course grade that has been increased to reflect class participation. Writing Requirement I may also be satisfied by writing a publishable note for the Hofstra Law Review, Hofstra Labor and Employment Law Journal , or by writing for the Family Court Review or Journal of International Business and Law provided that the award of writing credit has been approved by the appropriate Board of Faculty Advisors. Courses that may be taken to satisfy Writing Requirement I are listed in each semester’s registration materials.

Writing Requirement II may be satisfied by writing a substantial research paper in a seminar or independent study or by writing a paper or series of papers in a drafting, simulation, clinical or other course. Courses that may be taken to satisfy Writing Requirement II are listed in each semester’s registration materials. The cumulative writing necessary to meet Writing Requirement II must be at least 20 pages, and the writing must involve legal analysis, legal reasoning, and/or philosophical reflection. The minimum acceptable grade for Writing Requirement II is C+. The grade of C+ must be for the paper itself, not a course grade that has been increased to reflect class participation.

Intensive faculty supervision is required to satisfy either writing requirement. A detailed sentence outline or draft must be submitted and commented upon by the faculty member.

Attendance Requirement

The Law School, the American Bar Association and the New York State Court of Appeals require students to be in good standing and maintain regular attendance during the academic year for the courses in which they are registered. Attendance may be taken in particular classes; excessive absenteeism may result in required withdrawal from the course or a failing grade. Absenteeism for placement interviewing is not an excused absence within the meaning of the attendance requirement.

Other Academic Requirements

Students in the full-time program must register for at least 12 credit hours in each semester of the second and third years, but may not take more than 17 credit hours in any semester. To meet the 87-hour requirement for graduation, the total hours taken in the second and third years must be at least 58.

Students in the part-time program must register for at least 8 credit hours in each semester of the second, third and fourth years, but may not take more than 11 credit hours in any semester unless written permission to do so is obtained from the Dean’s Office.

There will be no academic credit granted at the Law School for any studies done elsewhere in the University unless the studies are part of a program approved by the Law School or the student has obtained prior permission from the Dean’s Office. Permission to visit at another school will be granted only under extraordinary circumstances. Such circumstances include a death or extreme illness in the students immediate family which necessitates a move to another city in order to alleviate severe financial, medical or other stress and similar situations. (This policy does not apply to request to attend a summer study abroad program sponsered by another law school. Such requests will generally be approved, provided the program in question is approved by the A.B.A.). In any event, grades earned in courses taken at other law schools or at other schools of Hofstra University will not be counted in the computation of a student’s grade point average.

Requirements for the LL.M. Degree

All LL.M. candidates must complete 24 credit hours of courses from the Hofstra Law School curriculum. Normally, these credits are earned over two full-time semesters (one academic year). LL.M. students may also earn credits in the Summer Law Programs in Sydney, Australia, Nice, France, and Sorrento, Italy, or the Winter Intersession Program in Curaçao, the Netherlands Antilles. With permission, candidates may complete LL.M. degree requirements on a part-time basis. This permits completion of the LL.M. degree over four semesters, or three semesters and summer sessions, with an average course load of six credits each semester. To earn an LL.M. degree, students must achieve a cumulative grade point average (GPA) of at least 3.0 out of a possible 4.0. Every LL.M. student who earns 20 credits with a cumulative GPA of at least 2.0 may be eligible for admission to practice law in New York after passing the New York State Bar Examination. LL.M. candidates with foreign law degrees wishing to take the New York State Bar Exam, are advised to consult with the New York State Board of Law Examiners directly to request a ruling on eligibility to sit for the New York State Bar Exam.

Admission to the Bar

Because many states require their residents to register prior to the start of the study of law in order to sit for the bar examination, applicants who reside outside of New York State or who intend to practice in another state should communicate with the clerk at the State Board of Law Examiners of the state in which they reside or intend to practice concerning that state’s requirements for admission.

New York State has no such registration requirement. The requirements for admission in New York State are contained in the Rules of the New York State Court of Appeals, copies of which are on file in the Dean’s Office and the Law Library. The New York State Board of Law Examiners provides accommodations such as accessible sites, extended time and separate rooms for students with disabilities.

Leaves of Absence

A student who requires a leave of absence must apply in writing to the Senior Assistant Dean for Student Affairs. Leaves of absence will be granted only upon a showing of compelling circumstances. Tuition will not be refunded if a leave of absence is granted. Upon recommendation of the Dean, the University will escrow tuition (except for the first and second deposits submitted by incoming first-year students) as follows: leave of absence granted prior to the beginning of classes, 100 percent; during the first week of the semester, 75 percent; during the second week, 50 percent; and during the third week, 25 percent. No tuition will be escrowed on any leave of absence granted after the third week of the semester. The deadline to apply for a leave of absence is the same as the last day to withdraw from classes during that semester. Leave of absence are granted for no more than 12 months. Consult the Office of Academic Records for the withdrawal deadline for the semester.

Registration

All students must register at the School of Law during the official registration period preceding each semester, and must provide such information as the School of Law may from time to time require. No one may attend lectures who is not duly registered as a regular or special student. A student who is registered for an elective course is permitted to drop the course or to alter or modify his or her program during the drop/add period. A student may not withdraw from or drop a required course without permission from the Dean’s Office. Courses and hours are subject to change. No student will be registered and no degree will be conferred in any but his or her proper name.

Residency Requirements

Residency refers to the number of hours that each student must complete each semester, and also the total number of semesters that each student must complete to graduate from Law School. The Law School’s residency rules, as amended by the faculty in 2004, are set forth below.

I. A candidate for the Juris Doctor degree must earn 3 Residency Units, at least 2.5 of which must be earned pursuant to sections A(1) and/or B, below.

A. While enrolled in the full-time division, a student will earn:

  1. 0.5 Residency Units for each semester in which the student registered for at least 12 credits and earned credit for at least 10 credits. (1)
  2. Should a student who has registered for at least 12 credits earn 9 credits in a semester, that student will earn 0.5 Residency Units; provided, however, this provision may be used only once by any student.
  3. A semester in which less than 9 credits have been earned cannot be counted toward the residency requirement.

B. While enrolled in the part-time division, a student will earn 0.375 Residency Units for each semester in which a student registers for and receives credit for at least 8 credits. (2)

C. Residency Units may be earned as follows for students who are registered in either the part-time or full-time division:

  1. 0.04 Residency Units for each credit successfully completed in a summer semester in courses taken at the Law School. (3)
  2. 0.04 Residency Units for each credit successfully completed in an Intensive Skills Offering during the winter break or over the summer, (4) provided however, that a student cannot count a total of more than 0.2 Residency Units from this subdivision C(2) toward the residency requirement. An Intensive Skills Offering will only earn Residency Units if it is billed at the full per-credit rate. (5)
  3. 0.075 Residency Units for this successful completion of at least 2 credits earned in a Hofstra-affiliated study abroad program.

D. All students must:

  1. earn Residency Units for at least 6 Fall and/or Spring semesters, or
  2. earn Residency Units for at least 5 Fall and/or Spring semesters and earn at least 0.5 Residency Units pursuant to subsection C(1).

E. A. J.D. student must complete all of his or her degree requirements within eighty-four months of his or her date of matriculation, and an LL.M. student must complete all of his or her degree requirements within thirty-six months of his or her date of matriculation.

(1) Pursuant to the New York Court of Appeals Rules for Admission of Attorneys, students in the full time division must earn at least 10 classroom credits hours per semester. Certain courses are classified as non-classroom courses and do not count toward this 10 credit minimum. Please see Rules for the Election of Non-Classroom Courses for more information.

(2) Pursuant to the New York Court of Appeals Rules for Admission of Attorneys, students in the full time division must earn at least 8 classroom credits hours per semester. Certain courses are classified as non-classroom courses and do not count toward this 8 credit minimum. Please see Rules for the Election of Non-Classroom Courses for more information.

(3) This includes the National Institute of Trial Advocacy (NITA) Program and the Intensive Trial Advocacy Program (ITAP).

(4) Intensive Skills Offerings are those that are offered in a condensed format and which do not follow the normal summer schedule, e.g., a one-week deposition training course, and similiar offerings.

(5) In addition, all other winter break and summer courses for which a flat fee is charged (as indicated in the Registration Bulletin), must be billed at the full per-credit rate if Residency Units are to be earned.

Outside Employment

The study of law is demanding and requires the full time of students who are enrolled in the full-time program. Accordingly, outside employment during the academic year is strongly discouraged except where it involves participation in Law School-sponsored programs integrally related to the curriculum. For students enrolled in more than 12 credits in a semester or more than 6 credits in a summer term, employment shall not exceed a committment of more than 20 hours a week under any circumstances.

Summer School Program

The Law School expects to offer one session during the summer of 2006. The summer school session will last for seven weeks of class plus exams. Classes meet for the same number of class minutes as they do during a regular semester.

Students in the full-time program may accelerate graduation by one semester by attending summer sessions at Hofstra for two summers. Such students will be able to complete the credits required for graduation in two and one-half calendar years. It is not possible to accelerate graduation by more than one semester.

Students in the part-time program may accelerate graduation by one semester by attending summer sessions at Hofstra for two summers. Such students will be able to complete the credits required for graduation in three and one-half calndar years. It is not possible to accelerate graduation by more than one semester.

Privacy Rights

Hofstra University School of Law has adopted regulations to protect the privacy rights of its students in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Copies of these regulations are available upon request from the Office of the Registrar, Room 114 Law School.

Directory information may be released by the School of Law unless a student requests in writing that this information be kept confidential. Directory information includes a student’s name, home and local addresses and telephone numbers, date and place of birth, participation in officially recognized activities, dates of attendance, degree and awards received, the most recent previous educational institution attended by the student and other similar information. Students who wish to have such information kept confidential must file a written request with the Registrar at least 10 days prior to the start of each semester.

Inquiries regarding compliance with the Family Educational Rights and Privacy Act may be directed to the Dean.

Student Concerns

Students are invited to address concerns or complaints in the first instance to the Senior Assistant Dean for Student Affairs, who will respond orally or in writing or will refer the student to the Vice Dean or Dean, as appropriate.

Withdrawal from the School of Law

If a student finds it necessary to withdraw from Law School, the student must apply in writing to the Senior Assistant Dean for Student Affairs for permission to withdraw and also to receive an adjusted remission of the student’s tuition obligations. The amount of remission diminishes as the student’s attendance at the School of Law lengthens. Upon recommendation from the Dean, the University will remit tuition (except, where applicable, the first and second deposits submitted by incoming first-year students) as follows:

  • Withdrawal application received prior to the first week of the semester, 100% return;
  • complete withdrawal during the first week of the semester, 90%;
  • complete withdrawal during the second or third weeks of the semester, 80%;
  • complete withdrawal during the fourth week of the semester, 70%;
  • complete withdrawal during the fifth or sixth weeks of the semester, 60%;
  • complete withdrawal during the seventh week of the semester, 50%;
  • complete withdrawal during the eighth or ninth week of the semester, 40%.
  • No tuition will be remitted for withdrawal after the ninth week of the semester.

This schedule complies with federal regulations of the Department of Education. A copy of the regulations is on file in the Office of Financial Aid, Room 250, Law School. A student withdrawing during any semester without approval of the Dean is not entitled to remission of tuition and will automatically receive a failing grade in all courses.

Rules for Election of Non-Classroom Courses

The New York Court of Appeals Rules for Admission of Attorneys permit Hofstra students to select up to 27 semester hours of non-classroom courses during their course of study. In calculating this 27-hour limitation, only the non-classroom portion of clinical and like courses must be counted.

The Court of Appeals rules also require students in the full-time program to elect at least 10 classroom credit hours each semester, and students in the part-time program to elect at least 8 classroom credit hours each semester, except during a semester in which a student elects a live client clinic or the externship program. The rules of the School of Law require a student in the full-time program to elect a minimum of 12 credit hours (total classroom and non-classroom credit hours) each semester with a minimum of 58 credit hours in the second and third years. A student in the part-time program must elect 8 classroom credit hours each semester (total classroom and non-classroom credit hours) after the first year.

The current courses in the curriculum that are classified as non-classroom courses are contained in the following table. Each course title is followed by a footnote(s) specifying academic regulations that apply to students who enroll in that course.

Non-Classroom Courses

    Credits   Non-Classroom Hours
Externship Program (2)  

3

 

2

Family Court Review (3,4)  

2-3

 

1

Hofstra Labor & Employment Law Journal (3,4)  

2-5

 

2-5

Hofstra Law & Policy Symposium (3,4)  

3

 

2

Hofstra Law Review (3,4)  

2-5

 

2-5

Independent Study (5)  

2-6

 

2-6

Trial & Moot Court Teams (3)  

1

 

1

Community Legal Assistance Corporation Child Advocacy Clinic (one-semester program) (1)  

6

 

4

Criminal Justice Clinic (one-semester program) (1)  

6

 

4

Housing Rights Clinic (one-semester program) (1)  

6

 

4

Mediation Clinic (one-semester program) (1)  

6

 

4

Political Asylum Clinic (one-semester program) (1)  

6

 

4

Applicable Rules

  1. During any semester in which this course is elected, the full-time student must take classroom courses equaling a minimum of four credit hours, and the combined credits of the classroom and non-classroom course(s) must equal at least 12 credit hours. The part-time student must take two additional classroom credit hours, and the combined credits of classroom and nonclassroom courses must equal 8 credit hours.
  2. During any semester in which this course is elected, the full-time student must take classroom classes equaling a minimum of 7 credit hours, and the combined credits of the classroom and non-classroom course(s) must equal at least 12 credit hours. The part-time student must take 5 additional classroom credit hours, and the combined credits of the classroom and non-classroom course(s) must equal 8 credit hours.
  3. During any semester in which this course is awarded, the full-time student must also elect at least 10 classroom credit hours. he part-time student must take 8 additional classroom credit hours.
  4. Information is available from the Registrar’s Office concerning credits and conditions for taking these courses.
  5. The maximum number of Independent Study credit hours that a student may elect is 6. No more than 3 credit hours may be elected in one semester without approval from the Dean’s Office, and no separate election can be made for fewer than 2 credit hours. During any semester in which an Independent Study is elected, a full-time student must also elect at least 10 classroom hours and a part-time student must also elect at least 8 classroom hours. The decision to accept a proposed Independent Study program is at the discretion of the regular faculty member who supervises the program. No registration for Independent Study will be final until a regular faculty member has agreed to the appropriate credit hours and signified in writing a willingness to supervise it. Such writing must be filed before the time to add or drop a course expires.