Contracts I

In an industrial society characterized by a "free enterprise" system and notions of individual freedom, "contract" is one of the primary means by which private individuals order their affairs. The contracts course inquires into why promises are enforced as contracts, which promises are enforced, and how they are enforced. The course places emphasis on close and critical analyses of court decisions.

Business and Tax Clinic

Pre-requisite: Completion of first year curriculum. Pre- or co-requisite: Ethics.
Preference: Completion of Federal Income Tax and any Business Law courses.

Summer 2013--Prof. Nathalie Martin, Prof. Grace Allison
Fall 2013--Prof. James Butler, Prof. Mary Pareja
Spring 2014--Prof. James Butler, Prof. Mary Pareja

This clinic section is part of the law school's Economic Development program.  Although specific types of client matters cannot be guaranteed, the Business and Tax Clinic will emphasize the following:

• student representation of low-income taxpayers in disputes before the IRS and the New Mexico Taxation and Revenue Department, including Tax Court litigation, audit defense, and collections matters;
• assistance to startup and established nonprofit organizations seeking IRS recognition of tax-exempt status and other operational assistance;
• support of community-based efforts to promote economic development; and
• legal services to low-income, small-business clients who cannot afford to hire a lawyer.

Small-business cases will likely include the following:

• giving advice on the choice and formation of business entities;
• drafting organizational documents;
• reviewing and drafting leases, purchase and licensing arrangements and other contracts; and
• resolving business disputes.

Cases and instruction will also include matters of personal interest to a new lawyer seeking to open his or her own practice.  We strive to provide a broad-spectrum experience, including pure transactional practice (small business startup, contract drafting), dispute resolution (IRS controversy, small case business controversies) and consumer protection (bankruptcy, foreclosure defense and consumer credit dispute resolution).  

Clients of the law school’s Clinical Law Program include individuals and organizations that have multiple legal and non-legal needs and objectives.  Students of the Business and Tax Clinic often collaborate with students of the Community Lawyering Clinic or Southwest Indian Law Clinic in providing services to these clients.

Students will be required (1) to attend and actively participate in up to five classroom sessions (ten during summer’s first three weeks) during each week of the academic semester and (2) to maintain, in addition to classroom hours, a schedule of 24 (2-hours block) fixed office hours (physically present in the clinic, working on clinic matters) each week during Summer, or 16 (2-hours block) fixed office hours each week during Fall and Spring semesters.

Students having specific questions about the Business and Tax Clinic are encouraged to visit with Profs. Allison, Butler, Martin, or Pareja.

Federal Estate and Gift Tax

This course provides an overview of the federal gift tax and federal estate tax. Topics covered include the concept of a gift for federal gift tax purposes, when a gift occurs, components of the gross estate, estate tax deductions, and computation of the gift tax and estate tax. The matters covered in class are illustrated by examples drawn from current estate planning techniques. This course also covers policy issues surrounding proposals for permanent repeal of the estate tax.

Federal Income Tax

The goals of the course are for the student to acquire: (1) a broad perspective as to the application and impact of the federal income tax in a variety of transactions; (2) practice in using the legal materials of taxation, especially the Internal Revenue Code and Treasury Regulations; and (3) an understanding of the policies underlying various IRC provisions, i.e., how the tax system is used to influence behavior and thus promote various social and economic policies.

International Business Transactions

The goal of this course is to familiarize students with the transactional, regulatory, and litigation issues that affect international business through the use of hypothetical fact patterns. With respect to international transactions, we will explore the international sale of goods, international contract issues, international investments, cross-border financings, and international franchises. With respect to international disputes, we will focus on contract rights and remedies, choice of law, choice of forum, and international arbitration. Where appropriate, the course will focus on business transactions in Latin America.

Practicum

One-hour Practicum Course accompanying the Torts, Contracts, and Criminal Law Courses

The Practicum Course is not really a separate course; rather, it is a hands-on, practice-based extension of the Torts, Contracts, and Criminal Law courses. Students explore the theoretical connections among the three courses in the context of resolving simulated but realistic client problems. The course stresses practical and analytical skills through writing exercises while also exploring substantive law questions that are addressed in other first semester courses.

Taxation of Business Enterprises

This course provides an overview of major federal income tax events with respect to business entities. These events include formations, contributions, operations, distributions, redemptions, and liquidations. The types of business entities covered in the course are entities that are taxed under federal law as Subchapter C corporations, Subchapter S corporations, and partnerships (including limited liability companies). This course will also consider policy issues related to the taxation of these business entities.