Claire Kelly

Adjunct Professor of Law

250 Joralemon Street
Brooklyn, NY 11201
Areas of Expertise
Education
B.A., Barnard College
J.D., Brooklyn Law School

Administrative Law

Prerequisite or Corequisite: Constitutional Law

This course addresses the nature and functioning of federal and state administrative agencies, its dominant theme being the relationship between the administrative process and the judicial system. Central to that theme is the question of whether and to what extent the former is controlled by the latter. Accordingly, the course covers such topics as: whether the judiciary can review administrative action, the scope of review, who can obtain it and against whom, and when review can be sought and granted. Also covered is administrative fact-finding and rulemaking, the problems of bias and prejudice, the necessity and scope of notice and opportunity to be heard, agency obtaining of information, and the process of proof and decision in administrative proceedings.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

International Business Transactions

This course analyzes the international law, United States law, and selected foreign law issues regarding doing business abroad. Problems such as international sales contracts, choice of law, letters of credit, international transportation and insurance, customs law, tariffs, import relief, export licensing, international boycotts, foreign corrupt practices, antitrust, extraterritorial regulation, trade in services, joint ventures, licensing of intellectual property and foreign investment issues will be discussed.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

International Trade Law

This course covers the regulation of international trade at the international level by organizations as the World Trade Organization, at the regional level by such arrangements as the North American Free Trade Agreement, and at the national level by the United States and its principal trading partners - the European Union and Japan. Topics include the constitutional allocation of authority over international trade in the United States, customs law, non-tariff barriers, import relief measures, government procurement, trade in services, regional economic integration, and the need to examine trade issues in relation to such issues as the environment, protection of intellectual property rights, foreign investment, and competition law.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

New York Civil Practice

Prerequisite: Civil Procedure

The practice in civil cases in New York under the Civil Practice Law and Rules and related statutes are studied, including the structure and jurisdiction of New York courts; the commencement of actions; joinder of parties and causes of action; res judicata; statutes of limitation; pleadings; motion practice; accelerated judgement; disclosure devices; provisional remedies; trial practice; judgments and their enforcement; and special proceedings.

Grading and Method of Evaluation

Letter grade. Some faculty allow pass/fail option. Final exam.