Maryellen Fullerton

Professor of Law

250 Joralemon Street
Brooklyn, NY 11201
(718) 780-7925 |  Email  | CV
Areas of Expertise
Asylum and Refugee Law
Civil Procedure
Human Rights Law
International Law
Federal Courts
Immigration Law
Education
B.A., Duke University
J.D., Antioch School of Law

Civil Procedure

This course is designed to introduce beginning law students to the elements and procedures of the civil justice system. The course covers the litigation process from commencement of a case through appeals. Major topics include jurisdiction, remedies, pleading, discovery, class actions, and pretrial and trial procedures. Issues covered in the course include: In what court may a lawsuit be commenced? Over what persons and entities does a court have power? Who may participate in a lawsuit? How much information must opposing parties disclose to each other? What are the roles of the judge and jury?

Grading and Method of Evaluation

Letter grade only. Final exam.

Federal Courts and the Federal System

An advanced study of the sources of federal jurisdiction is presented, with emphasis on Article III of the United States Constitution, including justiciability, original jurisdiction of the federal courts, review of state court decisions by the Supreme Court and statutory and judge-made limitations on access to the federal courts.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Forced Migration: the Law of Refugees, Asylum Seekers, and Internally Displaced People

This course will analyze in depth the procedural and substantive rights of refugees under the domestic law of the United States. The course will also examine the principal United Nations and regional treaties concerning refugees, focusing on the refugee definition set forth by the treaties and on the enforcement mechanisms that are available. With these materials in mind, the course will compare United States refugee law with the refugee law that has developed in Denmark, France, Germany, the Netherlands, and the United Kingdom.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Immigration and Nationality Law

This course studies immigration, nationality and naturalization laws of the United States. Among the topics discussed are: the immigrant selection system, the issuance of nonimmigrant and immigrant visas, grounds of excludability of aliens and of waiver of excludability, grounds for deportation of aliens and for relief from deportation, change of status within the United States, administrative procedures, administrative appeals, judicial review, nationality by birth and by naturalization, revocation, naturalization, and expatriation.

Grading and Method of Evaluation

Letter grade only. Final exam.

International Criminal Law

Prerequisite: Criminal Law

The increasing globalization of crime and of anti-crime efforts have led to the emergence of the new field of International Criminal Law. This course will focus on the legal principles that have emerged at the intersection of the traditional notions of international law and criminal law and will analyze the developing international standards, cooperation, and enforcement mechanisms aimed at preventing and prosecuting certain types of criminal activity. This course will examine the substantive crimes that have evolved in the field of international law and will emphasize the interpretation and application of international standards in the context of criminal prosecution. In addition, this course will analyze the application of national law to crime that occurs in more than one nation. The course will focus both on substantive crimes and on enforcement mechanisms. Specific topics will include sources of international criminal law; U.S. jurisdiction over crimes committed abroad; individual substantive crimes such as drug smuggling, computer crime, and money laundering; international offenses such as piracy, hijacking, torture, terrorism and genocide; extradition, evidence gathering abroad, and other procedural matters; defenses available under international law; and international criminal tribunals.

Materials for the course will include cases, treaties, international statutes, as well as literature and film. Students will be expected to participate in class actively in role plays and in discussions of problems. There may be occasional guest speakers from organizations and agencies with different perspectives on the subject matter.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam and several short written assignments.

International Human Rights

This seminar will consist of a study of the normative basis and reach of human rights in international law as well as an examination of substantive human rights principles and their enforcement through international and United States mechanisms. Students will also have an opportunity to select a human rights problem from a list of contemporary human rights problems and to explore in depth the application of these principles and mechanisms towards its solution.

Grading and Method of Evaluation

Letter grade only. Take-home exam.

International Law

This course delves into the history, nature, sanctions and sources of international law; legal principles governing the relations of states; and the problems of recognition, state succession, nationality, state jurisdiction, sovereign immunity, international agreements, diplomatic and consular status and privileges, maritime regimes, human rights, and international claims.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

International Litigation

Students will be introduced to the diversity of issues and problems relating to international litigation. The course considers the special problems of litigating or arbitrating a dispute that has significant connections with more than one country. Topics in the course include: suing foreign defendants in United States courts; suits by foreign plaintiffs; recognition of judgments; the Act of State doctrine; foreign sovereign immunity; extra-territorial application of United States law; Alien Tort Statute; damages resulting from international flights; international child abduction; letters of credit; and arbitration and mediation.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Law and Literature Seminar

This seminar uses literature, commentary on literature, and legal writings to consider the ways in which law and literature intersect. The assigned materials deal with such issues whether law and morality are identical, whether justice is achieved in the legal system, how lawyers can achieve persuasiveness and even eloquence by using the techniques of great writers, and what relation exists between stories and legal arguments and theories.

Grading and Method of Evaluation

Letter grade only. All students will write a paper in the course and make a half hour presentation to the class based on the subject of their paper. There is no exam.