Chapter
1
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Office of the Dean |
Graduate Law Program Office |
Capital University |
Capital University Law School |
2199 East Main Street |
303 East Broad Street |
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E-mail:culsgradlaw@law.capital.edu |
b. Persons who desire to enroll in the joint program should read
thoroughly the relevant materials of both the Graduate Law Program
and the School of Management prior to scheduling a conference with
the joint program advisor in either school. A student already enrolled
in one school should first talk with that school's advisor.
c. Admission into the MBA program requires completing and filing its admissions application, together with the reported results of the GMAT, with the School of Management (SOM); the School of Management has indicated that it will also accept LSAT scores in lieu of GMAT scores for joint graduate program students; the LSAT must have been taken within five years of application to the joint degree program. Similarly, admission into either the LL.M or M.T. program requires completion and filing of the appropriate admissions application and other required documentation to the Graduate Law Programs Office.
1. The joint degree applicant must complete two applications, submit the required standardized test score to the School of Management, pay two application fees, and file the joint degree applications with both programs.
2. Because each school admits students separately, admission into either program does not signify or predict admissibility into the other.
3. A prospective student not already enrolled in either school may apply to both schools at the same time and so indicate by filing the joint student applications with both schools.
4. The student already enrolled in one program may apply for admission into the other program as outlined in the relevant admissions materials of each school and be considered a joint LL.M./MBA or M.T./MBA student. Also a joint degree application must be filed with the Office of Admission of each school.
a. As indicated above, admission into one program does not signify admissibility into the other program. In order to be admitted into the second program the student will have to be in good standing in the first program and meet all admission requirements of the second program. However, a student who is near completion of one program, but who has not yet commenced the other program, may not be able to realize the full benefits of the joint degree program.
b. A current student in either program may apply to be a joint student by notifying the faculty advisor and registrar (Law School) or registrar (SOM) of the school in which the student is already enrolled, and then applying for admission to the other school.
5. Occasionally an applicant to the joint LL.M./MBA program seeks to apply, as transfer credit, course work taken at a school other than Capital University.
a. The School of Management accepts up to nine hours of transfer credit from another accredited MBA program (usually about three courses) and the Graduate Law Program accepts up to 6 credit hours of advanced taxation transfer credit from another accredited law program, which may only be applied to the LL.M. in Taxation program. However, a course taken at another institution and accepted for transfer credit by SOM cannot be used to satisfy the nine credit hours that the Graduate Law Program accepts from SOM work for credit toward the LL.M. degree. A course taken at another institution and accepted for transfer credit by the Graduate Law Program cannot be used to satisfy the nine credit hours that the School of Management accepts from the Graduate Law Program work for credit toward the MBA degree.
6. Period of Enrollment
a. The School of Management normally requires the student to complete the 40 credit hours required to obtain the MBA within five years from the semester in which the student is initially enrolled in MBA 600 (Business and Society). Because the joint degree program requires completion of many more hours than the MBA, the SOM faculty has agreed to waive the five-year rule, providing the student is making satisfactory progress towards completion of both degrees. The student must seek and receive permission for waiver of this time period by formalized written application to the SOM faculty outlining a planned completion.
b. The Graduate Law Program requires that the student complete the 24 credit hours required for the LL.M. or M.T. program within six years from the term in which the student is first enrolled. The combined LL.M. or M.T./MBA may easily be completed within six years even by the part-time student. Therefore, no need exists to waive the requirement. Waivers rarely are granted by the Law School, and then only because of extraordinary circumstances, and only for one year.
7. The Program of Study
a. The School of Management offers its MBA primarily during the evening, with occasional classes on Saturday mornings, on a part-time basis. The Law School offers the LL.M. and M.T. degrees during the evening on a part-time or full-time basis.
b. With the permission of both advisors, a student may take both law and business courses during the same semester. Simultaneous enrollment in the School of Management and the LL.M. or M.T. program usually is permitted.
1. However, the full-time student may never take concurrently more than 16 credit hours in both programs in the same semester. The part-time LL.M. or M.T. student, may take courses concurrently in both schools, but is prohibited from taking concurrently more than 11 credit hours in both programs at any given time. During summer sessions, the joint degree candidate may not take more than eight credit hours concurrently as a full-time student or six credit hours as a part-time degree student, without the express written permission of the Associate Dean of the Law School for law courses and the Dean of the School of Management for MBA courses.
2. Joint degree students registered only in one school should communicate periodically with the other school. Each school's registrar automatically continues to mail registration materials to the joint degree candidate until it is determined that the candidate no longer wishes to receive them. It is the joint degree student's responsibility to notify both the Law School Registrar and the SOM Registrar of changes in either their permanent or local mailing address.
c. Because SOM and the Law School are on different calendars and may on occasion offer special courses at times and on a schedule which creates conflicts with the calendar and course and exam schedules of the other school, students may not always be able to take courses offered in the curriculum of the MBA program or the Law School. Students with scheduling problems should talk with the advisor at the school affected. However, there may be occasions in which a solution to scheduling conflicts cannot be resolved, and the student may have to postpone taking a desired course.
d. The joint degree student may complete both course requirements together, or complete one ahead of the other. Because each school grants academic credit for some courses successfully completed in the other school:
1. to be eligible to receive the LL.M. or M.T. degree, the joint degree student must successfully complete 18 credit hours in the MBA program at the 600, 700, and 900 levels.
2. to be eligible to receive the MBA degree, the joint degree student must successfully complete all Graduate Law Program courses being used as MBA Electives (joint degree credits) as well as the other MBA core courses.
The joint degree student must notify the registrar of each school at the appropriate time to receive the degree awarded by each. Degrees are presented at the respective commencements of the two schools.
8. Definition and Operation of Joint Degree Credit
a. SOM accepts up to nine hours of law work for its forty required hours to complete the MBA, i.e., SOM uses nine hours of specified law courses in place of nine hours of MBA electives. The courses in the Graduate Law Program that can be used for credit towards the MBA are listed in section 9 following. The Graduate Law Program will allow a law candidate to use any four hours in the MBA Core (600, 700, and 900 levels) to count towards its 24 credit hour degree requirement.
b. The academic retention rules of the School of Management and the Law School differ, and interested students are advised to consult with the appropriate advisor.
c. Accreditation standards prohibit either program from using transfer credit that has been achieved at a substandard level.
1. The LL.M. or M.T. student must maintain a 2.75 cumulative grade point average to remain in the graduate law program. Because a C grade or better is considered acceptable and receives credit in the Graduate Law Program , a C grade or better earned in a course at the Graduate Law Program that satisfies the requirements for joint degree credit will be counted as indicated below for joint degree credit.
2. The MBA student must achieve a cumulative 3.0 G.P.A. to graduate with the degree. A course taken in the MBA program will be counted for joint degree credit only if it satisfies the requirements for joint degree credit and only if the student earns a B or better.
d. A student enrolled in the LL.M. or M.T./MBA joint degree program will have two official transcripts, one from each program (LL.M. or M.T. and MBA). In order to have a complete record, it will be necessary for a joint degree student to request both transcripts.
1. Credits earned in the law program that satisfy and are to be counted for joint degree credits will appear on the Law School transcripts by course title, credit hour and letter grade. Those same credits, following an appropriate footnote, will be listed on the SOM transcript by course title and credit hour. The letter grades will not be averaged into the MBA cumulative grade average.
2. Credits earned in the MBA program that satisfy and are to be counted for the joint degree credits, will appear on the MBA transcript by course title, credit hour and letter grade. Those same credits, following an appropriate footnote, will be listed on the Law School transcript by course title and credit hour. The letter grades will not be averaged into the Law School cumulative grade point average.
9. Capital Law School LL.M. and M.T. Courses That Will Serve As Joint Degree Credit
(Courses listed below may change. Consequently, this list may not reflect courses currently being offered at the law school. Additionally, new courses may be added to the curriculum and not appear on this list. Students are advised to check the Course Descriptions appearing in the Manual of Policies and Procedures or contact the law school registrar.)
I. Required Courses for LL.M. in Taxation or Master of Taxation for Accountants
-Advanced Individual Income Tax Problems
-Taxation Research and Communication I
-Taxation Research II or Tax Policy Seminar
-Introduction to Tax Procedure
-Tax and Professional Responsibility
-Corporate Tax
-Partnership Tax
II. Elective Tax Courses (partial list)
-S Corporations and Advanced Pass-Through Entities
-Tax Reorganizations
-Consolidated Income Tax Returns
-Advanced S-Corporation Planning
-Advanced Partnership Issues
-Limited Liability Corporations
-Problems in Mergers and Acquisitions
-Advanced Problems in Corporate Acquisitions
-Estate and Gift Taxation (M.T. students must obtain prior approval
of the Professor to enroll in this class.)
-Income Taxation of Trusts and Estates
-Estate Planning Practicum
-Tax Fraud
-Tax Litigation Seminar
-Qualified Retirement Plans
-Executive Compensation
-International Taxation I and II
-Accounting Problems of Lawyers
-State and Local Taxation
-Real Estate Taxation
-Exempt Organizations
-Tax Timing Problems
-Charitable Giving
-Sales and Use Tax
-Alternative Minimum Tax
III. LL.M. in Business and Taxation and LL.M. in Business Courses
-Taxation of Business Entities
-Corporate Finance
-Business Planning Practicum
-Consumer Bankruptcy
-Business Bankruptcy
-International Sales
-Consumer Law
-Antitrust and Trade Regulation
-Unfair Trade Practices
-Securities Regulation
-Health Law
-Energy Law
-Entrepreneurship Law
-Labor Law
-Employment Law
-Employment Discrimination
-Labor Arbitration
-Law of Professional Sports
-Corporate Counsel
-Dispute Resolution
-Mediation
-Negotiation
-Arbitration
-Business Negotiation
-Multidisciplinary Dispute Processing and Conflict Resolution
-Systems Design in Dispute Resolution
Members of the bar, graduates from approved law schools, alumni of the graduate law programs, and in limited circumstances other college graduates, may be admitted at the discretion of the dean to enroll as auditors. Normally an auditor is expected to prepare all assignments and to participate in classroom discussion, but takes no examinations and receives no academic credit.
The student must achieve a 2.75 grade point average or better upon attempting 9 semester credit hours to continue to register for classes in a graduate program. Any student whose grade point average is below that which is needed to continue in a program must petition the Graduate Council for permission to continue his or her studies. Any student below a 2.75 grade point average after attempting 9 hours who is permitted to continue his or her studies is on probation and is not in good academic standing.
1.5.01 Petitions for Reinstatement
A. When a student is dismissed for failing to attain or to maintain the required cumulative grade point average, he or she may file a petition for reinstatement.
B. The petitioner must convince the Graduate Council in the form of its Academic Affairs Committee, the voting membership of which is comprised of the full-time tax and business faculty (the Law School Associate Dean and Graduate Law Program Director are ex officio members), that the grades received by the dismissed student are not an adequate measure of the student’s learning or performance. In particular, the petitioner must prove:
1. that the academic deficiency was the result of causes other than an inability to study in a graduate level program;
2. that such causes were sufficiently substantial to cause poor academic performance;
3. that such causes were beyond the petitioner’s control, or were justifiable;
4. that the causes for the academic deficiency have been fully or substantially resolved, and no longer exist; and
5. that, given one more semester of graduate study, there is a reasonable possibility that the student will be able to attain the required cumulative grade point average.
1.5.02 Procedure for Petitions for Reinstatement
A. When a student is dismissed, the student is sent a letter that officially notifies the student of his or her dismissal. The letter of dismissal will advise the dismissed student of the privilege to file a petition for reinstatement within 14 business days.
B. The Graduate Council then meets to discuss each petition for reinstatement. As is the case with all petitions before the Graduate Council or its committee, petitioners do not appear nor do they have representatives appear on their behalf; other subjects of petition may include a request for extension of the time limitation within which the student must complete his or her degree. The Graduate Council, in its deliberation, considers whether the student has a realistic chance of achieving academic success upon reinstatement. Factors to consider include, but are not limited to, the following:
1. The grade point average at the time the student petitions, including the level of performance a student must maintain to raise the grade point average to 2.75;
2. reasons given in the student’s petition for poor performance and other matters presented in the student’s petition;
2. the student’s credentials, both current and those upon initial enrollment;
3. comments and recommendations from members of the Graduate Council;
4. the student’s level of motivation;
5. the number of hours a student has attempted at the time of the petition.
C. The Director for Graduate Law Programs will promptly notify the petitioner
in writing of the final decision of the Graduate Law Council.
1.5.03 Appeal Process
Academic decisions made by the Graduate Council, or any committee thereof, involving students are final, except that the decision may be appealed, in writing, to the Law School Dean within 14 days of the notice of the decision being transmitted to the student. The review of the decision by the Dean is a limited appeal. The Dean will review the decision only to determine whether the Graduate Council violated its own procedures or another Law School or University policy and the student was prejudiced by such violation. If the Law School Dean finds that the decision of the Graduate Council violated its own procedures or another Law School or University policy and finds the student was prejudiced by such violation, the Dean may, at the Dean’s discretion, remand the decision to the Graduate Council for action consistent with the Dean’s determination, reverse or modify the decision, or make the appropriate referral of the matter to another appropriate law school or university office. The Dean may confine the review to written materials submitted by the student and written materials submitted by the Graduate Council.
