Course Descriptions 2010-12
This alphabetical list of course descriptions consists of courses that the Law School has offered in recent years. The Law School administration reserves the right to alter the course offerings to meet faculty interest, student interest, and the administrative needs of the Law School.
Lecture hours per week, laboratory and/or tutorial hours per week, and credits each semester are in parentheses.
Instructors listed for each course are accurate at the time this page was published. Instructors may change to meet the needs of the faculty and administration.
Accountability for Gross Violations of Human Rights (70409)
(3-0-3) Cassel
Compares the approaches followed in different countries to deal responsibly with past violations of human rights, in order to assess the benefits and shortcomings of each. Draws upon selected readings as well as upon the individual experiences of course participants. Examines the various means of establishing accountability, including “lustration” laws, truth commissions, and national and international prosecutions. Also considers the influence of obstacles such as political instability, amnesty laws, statutes of limitations, and claims of superior orders.
Pre- or co-requisite: International Law (LAW 70401 or 74401)
Accounting for Lawyers (70100)
(3-0-3) M. Barrett
Highlights the importance of issues involving accounting to the practice of law. To practice law effectively, every lawyer should understand certain fundamentals about accounting and financial statements. Topics include the bookkeeping process; the basic financial statements; the evolving nature of generally accepted accounting principles; audit reports and accountants’ legal liability; the time value of money; financial statement analysis and financial ratios; drafting and negotiating agreements and legal documents containing accounting terminology and concepts; responses to an auditor’s request for information about legal contingencies and related discovery issues; and cost allocation issues. Designed for students who have little or no accounting background as an aid to the study of Business Associations, Federal Taxation, Business Planning and other courses. Enrollment: limited to students who have not earned more than six semester hours of college credit or the equivalent in accounting courses.
Administrative Law (70315)
(3-0-3) P. Bellia/Kelley
Studies the powers and procedures of administrative agencies including: the operation of the Administrative Procedure Act; the functioning of the administrative process at the federal and state levels; and the methods and extent of judicial control over agency action.
Advanced Legal Research (70207)
(2-0-2) Rees
Examines the statutory and administrative law processes and how to perform legal research using the materials that are produced by the government. Research using printed and online sources will be considered along with the factors to consider when deciding whether to search in print or online.
Advanced Topics in Corporate Law Seminar (73125)
(2-0-2) Velasco
This seminar provides an in-depth examination of various issues in corporate law that are not covered adequately (if at all) in Business Associations. Corporate governance issues feature prominently. Assignments will consist primarily of law review articles. Active class participation is mandatory. Students are required to write a paper that satisfies the upper-level writing requirement and to present it in class. Prerequisite: Business Associations (LAW 70101) is a strict prerequisite.
Advanced Topics in Labor Law (73353)
(2-0-2) Fick
Provides an introduction to various federal labor statutes such as the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Family and Medical Leave Act among others. Also examines state statutory and common law such as unemployment insurance, workers’ compensation and privacy at work. The specific topics covered will be determined considering the interests of the students enrolled in the course.
Alternate Dispute Resolution (75717)
(3-0-3) Brinig/Fox/Jenuwine
Surveys the growing alternative dispute resolution field, with a focus on negotiation, mediation, and arbitration. Considers the theoretical foundations for the processes, and teaches the strategies, tactics, and skills required for lawyers to participate in these processes through readings, videos, and simulation exercises.
American Legal History (70837)
(3-0-3) Cushman
This course examines principally nonconstitutional dimensions of American legal development during the “long nineteenth century” – roughly from 1780 to World War I. The course is divided into two segments. The first, which focuses on the relationship between law and economic development, will examine the restructuring of institutional arrangements affecting private law adjudication, and ensuing developments in the law of contract, the law of property, corporate law, tort law, commercial law, and antitrust. The second, which focuses on developments in family law, will examine the evolution of the law concerning promises to marry, matrimonial eligibility, the property rights of married women, the law of divorce, and laws regulating the status of children. Students will be evaluated based on class participation and a three-hour, closed-book final examination.
Analytical Methods for Lawyers (70124)
(3-0-3) M. Barrett
This course, designed for students with no training or experience, explores the application of analytical methods from the social sciences and the business profession to the practice of law. The course introduces essential concepts and analytical methods from economics, game theory, accounting, finance, and statistics to prepare students for legal practice in the modern world. These methods provide especially important and useful tools to lawyers practicing law; failure either to recognize an opportunity for using a method or to question the improper application can adversely affect a client’s interests. The course seeks to apply analytical methods to real legal problems, such as the appropriate measure of damages or the decision whether to settle a case. In addition to litigation and negotiation, legal applications include environmental law, corporate law, criminal law, employment law, antitrust, and intellectual property. Ultimately, the course seeks to train students to recognize when an analytical method might apply to a legal situation and to understand generally how to use that method effectively. The course includes a final examination. Students who have majored, minored, or earned advanced degrees in accounting, economics, or finance must obtain the permission of the instructor to enroll in the course.
Antitrust Law (70117)
(3-0-3) Bauer/Tor
This course will provide an introduction to the basic principles and contours of the federal antitrust laws, focusing on the Sherman Act and the Clayton Act. We will examine the justification for prohibiting certain types of market behavior to protect competition; horizontal and vertical restraints of trade; monopolization; and merger enforcement.
Antitrust, Technology & Intellectual Property Seminar (73117)
(2-0-2) Tor
This seminar will engage in an in-depth analysis of the main issues raised by the application of antitrust to technology markets, which have drawn significant public and legal attention in recent years. Topics to be addressed include the extent to which antitrust laws promote overall market efficiency, as well as factors that distinguish and shape technology markets, including network effects, the need for standardization, and the centrality of research and development efforts.
Appalachia Externship (75800)
(1-0-1) Jones
The Appalachia Externship is a one credit academic externship. Students spend their fall break or spring break providing pro bono legal services at the Appalachian Research and Defense Fund of Kentucky (AppalReD), which is the federal and state-funded low income legal services provider for the Appalachian region of Eastern Kentucky. Students engage in several classroom preparation sessions and reading assignments exploring the culture, social issues, and legal problems of the Appalachia region. Students keep a daily journal during their field work and write a brief paper upon their return. This course does not meet the Skills Requirement. > Read More
Appellate Advocacy Seminar (73314)
(2-0-2) Smith
Appellate Advocacy Seminar is an advocacy-oriented look at the appellate process. The course involves the study of the appellate courts, state and federal, as institutions in the judicial system – their role and manner of operation – and the important role of appellate advocates in the appeals process. We will cover key limitations on the operation of appellate courts, such as appealability and jurisdictional doctrines, and special doctrines applicable to the Supeme Court of the United States. We will also explore what constitutes effective written and oral advocacy at the appellate level. Students will also have the opportunity to hone their oral arguments skills through in-class moot court exercises. In lieu of a final exam, students will write a brief and present oral argument.
Appellate Review of Trial Court Decisions (73312)
(2-0-2) Smithburn
Examines various types of appellate review—findings of fact and conclusions of law; pure question of law; constitutional error; mixed questions of law and fact; review of administrative decisions; and judicial discretion. Each student will write a research paper.
Applied Mediation (70726)
(2-0-2) Jenuwine
This course is open to second- and third-year law students interested in providing mediation services to individuals currently litigating disputes in the courts of St. Joseph and surrounding counties. Through this course, students will have the opportunity to serve as mediators in actual cases involving both civil and domestic relations matters, including child custody, support, parenting time, landlord-tenant disputes, contract disputes, and other matters referred by the courts for mediation. The classroom component of the course will focus on the development of mediation skills and exploration of advanced mediation topics.
Applied Mediation II (70728)
(3-0-3) Jenuwine
Applied Mediation II: Advanced Domestic Relations Mediation – Allows students who have satisfactorily completed Applied Mediation to progress to more advanced mediation skills as specifically applied to domestic relations cases. Enrollment is by permission of the instructor.
Asylum Law Externship (75730)
(1-0-1) Jones
The Refugee and Asylum Law Externship Program is a spring semester practical training course offered by the Chicago-based National Immigrant Justice Center (NIJC) for law students interested in immigration law. Students must apply to NIJC for admission to the program. Students accepted by NIJC will then be enrolled in this course. Professor Jones will post the application form on the student listserve once NIJC makes it available. Participating students will attend weekly evening classes in Chicago and will be assigned an asylum case to prepare for presentation before the Chicago Asylum Office. Each student will interview an asylum seeker and assist in the preparation of the client’s affidavit. After researching domestic and international law, as well as country conditions pertinent to the claim, students will assemble an I-589 asylum application with supplemental documentation and draft a legal memorandum in support of the application. At the end of the program, each student will file an application with the Department of Homeland Security and accompany his or her client to the interview at the Asylum Office.
Banking and Financial Institutions Law (70114)
(3-0-3) Baker
This course will provide an introduction to depository institutions and their supervision and regulation in the U.S. It will also touch upon the regulation of related financial institutions, such as insurance companies, broker-dealers, and investment companies. Additionally, we will investigate, analyze, and follow prominent regulatory reform proposals, and study the important international dimensions of banking law and regulation.
Bankruptcy (70119)
(3-0-3)
Course begins with a review of the debtor-creditor relationship and then addresses state debtor-creditor collection law remedies. Emphasizes the 2005 Amendments (Bankruptcy Abuse Prevention and Consumer Protection Act) and Chapter 7, 11, and 13 bankruptcy law and the legal relationship between the debtor, the creditors, and third parties affected by a bankruptcy case. Explores the different treatment between individuals and artificial legal entities such as corporations. Covers the procedural rules of bankruptcy, but concentrates on how bankruptcy law affects potential clients in a large number of legal areas, including real estate, commercial and business law, torts, family law, environmental law, and intellectual property.
Behavorial Analysis of Law (70902)
(2-0-2) Tor
Introduces students to the new behavioral analysis of law. A behavioral approach to legal analysis asserts that the efficacy of the law depends on its understanding of relevant patterns of human behavior. We will review the ways in which the scientific study of human judgment and decision making can inform the creation and modification of legal rules and institutions.
The behavioral approach differs from both its economic counterpart and traditional legal scholarship: from the former, in recognizing the decision makers are neither strictly rational nor the maximizers of their own utility alone; from the latter, in proposing an empirically based view of human behavior as the foundation of relevant analyses. We will examine critically how behavioral findings on systematic patterns of behavior that deviates from strictly rational utility maximization are applied to the law, recognizing the unique promise of this approach as well as the current limitations of its methodology.
Specifically, the course will open with an overview of behavioral decision theory – the psychological study of human judgment and decision making. Thereafter, we will examine a variety of rules and doctrines in different legal fields. Following this overview, we will evaluate the new behavioral approach – its nature and scope, its achievements and limitations – and consider the implications of our evaluation for some overarching questions of legal policy.
Biodiversity and the Law (70348)
(2-0-2) Nagle
Examines the evolving legal rules protecting the vast but shrinking number of species of wildlife and plants in the United States and throughout the world. Focuses on the U.S. Endangered Species Act, which imposes strict duties upon governmental and private actors whose conduct threatens rare wildlife or their habitats. Also considers the growing body of international legal rules that address the preservation of biodiversity, along with other federal statutes and illustrative state and local laws that seek the same end.
Bioethics and the Law (73828)
(2-0-2) Snead
This course will explore the ethical, legal, and public policy issues arising from various advances in biomedical science and biotechnology. Students will be invited to consider the ways in which such developments affect law and public policy, as well as the issues that may arise in attempts to govern and regulate science according to ethical principles. Topics covered will include human reproduction (including maternal/fetal conflicts and assisted reproduction), stem cell research, human cloning, genetic screening and modification, research involving human subjects, neuroscience/ neuroethics, end-of-life matters, and relevant issues touching and concerning both intellectual property and constitutional law. No prior experience with science, medicine, philosophy, or related disciplines is assumed or necessary. Students’ final grades will be based on classroom participation and a research paper.
Business Associations (70101)
(4-0-4) Casey/O’Hara/Velasco
Examines the law of business organization and of agency. Explores the various forms of business organization, including sole proprietorships, partnerships, corporations, and limited liability companies, with special emphasis on corporations. Underlying themes include the purposes of business organization; formation, maintenance, and dissolution of business entities; the agency problem and fiduciary duties; federalism; the role of law and contract; and business planning.
Business Torts (70109)
(2-0-2) Peralta/Pruitt
Addresses a form of commercial litigation that has become popular in federal and state courts. Covers commercial defamation, trade libel, deceptive advertising, and fraudulent transfers. Also analyzes enforcement of and defense against Uniform Trade Secrets Act claims, claims concerning employment covenants-not- to-compete, and covenants-not-to-compete ancillary to the sale of a business. Paper requirement.
Canon Law of Marriage (70509)
(2-0-2) Coughlin
Studies the principal canons on matrimony of the 1983 Code of Canon Law in their historical and doctrinal contexts. Topics covered include the canonical definition of marriage and its ends and properties; canonical preparation for marriage; the requirement of faith; the nature of consent; impediments; mixed marriage; dissolution of the bond; separation; convalidation; and sanation. Includes an examination of the procedural canons pertinent to matrimonial cases, and of jurisprudence regarding capita nullitatis (grounds for nullity) of particular relevance to practitioners in church courts.
Canon Law: Selected Topics (73832)
(2-0-2) Coughlin
This course treats select topics in canon law including the theoretical foundations of canon law, the historical development of canon law, canon law as the rule of law, and canon law from comparative perspectives. The goal of this course is afford the student with the opportunity to develop an in depth understanding of the selected issues in canon law. The course will be conducted as a seminar, and each student will be responsible to offer a class presentation and a written paper on a selected topic in canon law. The reading materials for the seminar focus primarily on canon law but also consider the perspectives of Western and Islamic legal theorists. These reading materials present diverse philosophical, theological, historical, and comparative dimensions relevant to the select topics in canon law.
Catholic Social Thought Seminar (73835)
(2-0-2) R. Garnett
This seminar explores and engages critically some of the foundations and key themes of the Catholic Social Tradition, with an emphasis on their relevance to, and implications for, law and the legal enterprise, broadly understood. The central problem for the seminar – a problem that presents itself in many ways and contexts – is the complex of relations between and among the human person, societies (the Church, families, voluntary associations, etc.), and the political authority (the “state”). Seminar participants will consider, among other things, the extent to which law and lawyering may and should be shaped by religious commitments, the role of religious believers and arguments in “the public square,” the religious dimensions of human-rights discourse, and Pope Benedict XVI’s recent emphasis on the idea of “healthy secularity.”
Chinese Law (70404)
(2-0-2) Lee
This course provides an introduction to Chinese law, although it meets once a week in a seminar format in order to probe the themes of the course in as much depth as possible. The focus is on the tradition and evolution of Chinese law in the twentieth and early twenty-first centuries. A research paper is required. The discussions and research assignment are aimed at broadening students’ horizons by exposing them to a legal system distinctive from that in the United States, and by working on the skills needed to research and analyze foreign law more generally. The readings, which average about 40 to 50 pages per week, come mainly from notable surveys in English of law in the People’s Republic of China. The topics covered are “How to Study Chinese Law,” “The Historical Context,” “Legislation,” “The Judiciary and the Courts,” “Dispute Resolution,” “The Legal Profession,” “Administrative Law,” and “The Role of Law in Trade, Investment, and Economic Development.”
Civil Procedure (60308)
(4-0-4) Bauer/A. Barrett/Robinson/Tidmarsh
Examines the procedures used to resolve civil litigation, with an emphasis on litigation in federal courts and on federal constitutional provisions also relevant in state court. Addresses jurisdictional principles and procedural doctrines involved in structuring a lawsuit; commencing a lawsuit; developing facts and narrowing legal claims during pretrial; trying a lawsuit; and determining post-trial consequences of a judgment. Also considers the extent to which state law must be applied in federal court. If time permits, explores settlement and other alternative methods for resolving disputes.
Civil Rights (70360)
(3-0-3) Mason McAward
Primarily examines the processes by which federal constitutional and statutory rights are enforced in federal and state court against officials and private citizens. Focuses on 42 U.S.C. sec. 1983 and the doctrines that surround this statute. Also focuses on other Civil War- era legislation that grants substantive civil rights— especially 42 U.S.C. sec. 1981, 1982, and 1985. If time permits, examines selected aspects of modern civil rights legislation concerning sex discrimination, and of how civil rights remedies are enforced in cases of structural reform.
Climate Change Law (73328)
(2-0-2) Nagle
Climate change has become the dominant problem in discussions of environmental law today. The area has generated a substantial amount of litigation, legislation, and scholarship in recent years that enables an in-depth study of a problem that has become so prominent in our society. The course readings will combine theory and practice, the law and other disciplines, and domestic and global approaches. Each student will have the opportunity to prepare a seminar paper on an issue involving how the law is responding to climate change.
Commercial Law–Sales (70105)
(3-0-3) Casey
Sales is one of three courses in the basic commercial law curriculum. Building upon principles and themes of contract law taught during the first year of law school, Sales covers in greater depth the law concern¬ing transactions in goods. Specifically, the course surveys UCC Articles 2 and 2A. Course topics include contract formation, warranties, risk of loss, breach, and remedies, as well as the developing law governing sales in the e-commerce world.
Commercial Privacy and Information Security Regulation (73100)
(2-0-2) Matwynshyn
This seminar provides an introduction to the emerging field of commercial privacy and information security regulation. As consumers increasingly rely on technology as an extension of the “self” for personal and professional reasons, the legal regulation of information collection, sharing and retention become heightened in importance. Multiple circuit splits exist on issues of commercial privacy and information security regulation; the Supreme Court has begun to grant cert in these cases, already deciding two key cases in 2011. Conceptually, the course covers the complex relationship among privacy contracting, hacking/computer intrusion law, intellectual property and consumer protection.
Comparative Constitutional Law (73449)
(2-0-2) Kommers
Comparative constitutional law will focus primarily on the United States and Germany. Where important and relevant, however, constitutional cases from Canada, Africa, and the European Court of Human Rights, particularly as they relate to free speech, church-state relations, and right-to-life issues, will also be discussed. Three reasons explain the seminar’s particular focus on Germany during the spring semester. First, Germany’s Basic Law (i.e., its Constitution) and its Federal Constitutional Court (FCC) have replaced the U.S. Constitution and Supreme Court as the leading models of constitutional governance around the world. Second, and relatedly, other leading constitutional courts, from Eastern Europe to Asia, have been heavily influenced by the FCC’s constitutional case law. Finally, the instructor is revising The Constitutional Jurisprudence of the Federal Republic of Germany (2nd ed., 1997), this time with a coauthor and would like to share with the seminar several new and updated chapters currently in preparation. The seminar’s limited geographical focus during the semester also allows the class to spend more time on various contextual factors, e.g., the political system, judicial organization, legal culture, and constitutional history that may illuminate the work-product of the German and American courts. The seminar will be limited to 12 students. Course materials will consist of The Constitutional Jurisprudence of the Federal Republic of Germany (2nd ed.) and distributed materials consisting of revised and updated chapters of Constitutional Jurisprudence along with full English translations of selected FCC decisions handed down since 1997. A major seminar paper, which members of the seminar will present toward the end of the semester, will be required in lieu of a final examination.
Comparative Criminal Procedure (70450)
(1-0-1) Bennett
The legal systems of the United States and the United Kingdom, although derived from a common source, have nevertheless diverged in the way they deal with issues that are at the heart of the system of criminal justice. This course will examine topics such as the jury, double jeopardy, sentencing, the treatment of terrorists, and how character is dealt with in criminal trials and consider how the United Kingdom and the United States deal rather differently with such key concepts. The aim, as with any comparative course, is to give a different perspective on both systems and to explore the relative advantages and disadvantages of the way in which courts in different jurisdictions deal with these issues.
Comparative Legal Traditions (70407)
(3-0-3) Carozza
Introduces students to the comparative study of law through an examination of the basic features of Western European legal systems, including their principal legal institutions and actors, sources of law, procedures, and characteristic methods of legal reasoning and analysis. Covers both the civil law (or Romano-Germanic) legal traditions of Continental Europe and the English common law tradition, as well as the supranational law and institutions of the European Union and the European human rights system. Concludes with case studies comparing selected substantive legal norms in those legal systems to U.S. law.
Complex Civil Litigation (70316)
(3-0-3) Tidmarsh
Examines the theoretical and practical problems posed by large-scale civil litigation. Subjects covered include jurisdiction; choice of law; class actions and other joinder devices; case management strategies; settlement; and trial and appeal. Students will act as attorneys and judges, and will brief, write, and argue judicial opinions on selected topics covered by the course.
Complicity Seminar (73830)
(2-0-2) Kaveny
This seminar will grapple with the theological, ethical, and legal aspects involved in complicity with other peoples’ wrongdoing. The first half of the course will introduce students to the relevant theoretical literature. Sources will include Roman Catholic tradition on “cooperation with evil,” philosophical analysis of complicity, and legal reflections on topics such as conspiracy and accessory liability in the criminal law. The second half of the course will allow students to explore specific topics of complicity in different contexts, including but not limited to complicity in enacting unjust legislation, a lawyer’s complicity in the wrongdoing of his clients, and the use of scientific data obtained from immoral experimentation on human subjects. In addition to regular participation in the seminar, the course will require a 25-30 page seminar paper. Students will also be asked to lead a discussion on their paper topic.
Conflict of Laws (70371)
(3-0-3) Bauer
Studies the problems inherent in multi-state legal transactions or litigation. Studies and explores the interrelationship between jurisdiction, the recognition and enforcement of foreign judgments and choice of law methodology. In particular, emphasizes modern choice-of-law approaches.
Constitutional Criminal Procedure: Adjudication (70451)
(3-0-3) Smith
This course may be taken either before, after, or instead of Criminal Investigation. This course looks at the way the judicial system operates once criminal charges are filed. Topics include bail and preventative detention, the right to the effective assistance of counsel, prosecutorial discretion and plea bargaining, the right to trial by jury, appeals from criminal convictions, double jeopardy, and the federal remedy of habeas corpus. Although several important federal statutes and procedural rules will be considered, the primary focus will be on the federal constitutional constraints applicable to the criminal justice system. Broader questions concerning the criminal justice system, such as the proper goals of the system and the extent to which poverty and race distort the system’s intended operation will also be addressed.
Constitutional Criminal Procedure: Investigations (70452)
(3-0-3) Snead
Examines the manner in which, and the extent to which, the U.S. Constitution—particularly the Fourth, Fifth, Sixth, and Fourteenth Amendments—imposes constraints on the investigation of crime. Topics include theories of constitutional interpretation, the incorporation of the Bill of Rights, search and seizure, interrogation, and the right to counsel. Although no longer required for graduation, this course is recommended for students interested in advanced study and/or practice in the criminal law field. While not a formal prerequisite, the course is highly recommended for students interested in enrolling in Federal Criminal Law (LAW 70362), Criminal and Scientific Evidence (LAW 70205), or Complex Criminal Litigation (LAW 70361).
Constitutional Law (60307)
(4-0-4) A. Bellia/R. Garnett/Kelley
Examines the structure of our government as defined by the federal Constitution, Supreme Court precedents interpreting that document, and the traditional practice of the elected branches. Focuses on the distribution of power among the three branches of the federal government, and the division of power between the federal government and the states.
Constitutional Law II (70305)
(3-0-3) Bradley/Kelley
Covers the individual rights secured by the fifth and fourteenth amendments to the United States Constitution, with a primary focus on the right to due process of law (its procedural and substantive components) and the right to equal protection of the laws (including scrutiny of race- and gender-based classifications).
Consumer Law (70319)
(3-0-3) Fox
Provides students with the necessary tools to understand basic consumer protection laws at both the state and federal levels regarding unfair and deceptive practices, credit transactions (including collection activity), and quality protections such as “lemon law” and warranties. Examines federal statutes such as the Fair Credit Recording Act, the Truth in Lending Act, and the Fair Debt Collection Practices Act.
Contracts (60105)
(4-0-4) A. Bellia/Kaveny/O’Connell/Rougeau
Presents a comprehensive study of the creation, transfer, and termination of contract rights and duties.
Copyright (70128)
(3-0-3) Bauer/McKenna
This survey course in copyright law will consider the following topics: Nature of copyright and justifications for protection; procedures for obtaining and enforcing copyright protection; ownership and transfer of rights; duration of protection; preemption of state protection for copyrights and related areas; subject matter of copyright; requirements for copyright protection, including originality, creativity and fixation; scope of rights of copyright owners; limitations on copyright, including fair use doctrine; infringement, including secondary liability, and remedies; implications of new technologies for copyright; moral rights; international scope of copyright protection.
Corporate Bankruptcy (70115)
(3-0-3) Baker
Studies in depth the law of business reorganizations under Chapter 11 of the Bankruptcy Code. Focuses on the steps that must be taken to resurrect a distressed business under Chapter 11, including the decision to file a Chapter 11 case; the initial steps of staying proceedings against the debtor; finding cash with which to operate; the actual turnaround of the business; the adjudication of claims by and against the estate; the restructuring of the estate’s capital structure; the confirmation of a restructuring plan; and the issues that arise after the consummation of the bankruptcy.
Corporate Governance: Economic Analysis (73126)
(2-0-2) Tor
This seminar will introduce students to both foundational and current issues in corporate governance. Corporate governance concerns the myriad rules and institutions that determine the functioning of corporations generally and the means for obtaining the efficient management of corporations more specifically. This field is one of the most actively researched areas in law, economics, management and related disciplines, and corporate lawyers and business managers must grapple daily with its challenges. Moreover, corporate governance issues are at the forefront of current public policy debates, particularly those surrounding high-profile corporate scandals and failures over the last decade and, most notably, many aspects of the recent global financial crisis
Corporate Reorganizations – (70115)
(2-0-2) Murray
Studies in-depth the law of business reorganizations under Chapter 11 of the Bankruptcy Code. Focuses on the steps that must be taken to resurrect a distressed business under Chapter 11 including: the decision to file a Chapter 11 case; the initial steps of staying proceedings against the debtor; finding cash with which to operate; the actual turnaround of the business; the adjudication of claims by and against the estate; the restructuring of the estate’s capital structure; the confirmation of a restructuring plan; and the issues that arise after the consummation of the bankruptcy.
Criminal and Forensic Evidence (70205)
(3-0-3) Gurulé
For the student interested in criminal law, explores how the law of evidence is applied in criminal cases. Considers how certain rules of evidence are used more often (if not exclusively) in the criminal context. Examines the admission of co-conspirator statements; prior bad acts evidence offered to prove the defendant’s “motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident”; evidence of a pertinent character trait; evidence of an alleged rape victim’s past sexual history; autopsy and crime scene photographs; and courtroom demonstrations. Additionally, helps students develop an understanding of scientific techniques used in the courtroom beyond just the basic tests for admission of expert testimony (i.e., DNA testing, “profile” evidence and “syndrome” evidence.)
Criminal Justice Policy – Restorative Justice (70429)
(2-0-2) Sharpe
This course presents the philosophy of restorative justice and an overview of its application in criminal justice and other contexts, along with a critique of restorative justice as practiced in the US and internationally. Content includes exposure to the practices primarily associated with restorative justice, key developments in relation to the field, and critical issues currently challenging it. Students will gain an appreciation of the role, the potential, and the limitations of restorative justice, and an ability to participate effectively in discourse about whether, when, or how restorative justice should be reflected in criminal justice policy.
Criminal Law (60302)
(4-0-4) Blakey/Dutile/Smith
Deals with the basic principles of American criminal law such as the definition of crime, defenses, proof, and punishment, and the basic structure and operation of the American criminal justice system.
Cyberlaw (70135)
(3-0-3) P. Bellia
Focuses on fundamental questions about how, if at all, existing legal rules should apply to new technologies. Explores various legal and policy problems that arise in cyberspace, including: issues of sovereignty and jurisdiction; legal and technological regulation of online speech; issues of privacy, anonymity, and accountability; computer crime; and ownership and protection of intellectual property in digital form.
Deposition Skills (75715)
(3-0-3) Conway/K. Gallagher/Kalamaros/Kuehn/LaDue/Murphy/Seckinger/Sullivan/Swanson
Studies the skills, techniques, tactics, strategies and ethical considerations of witness preparation for depositions and the taking and defending of depositions under federal and state rules of civil procedure. Meets twice a week: One meeting consists of a 60-minute lecture, demonstration, and discussion of the analytical framework for the preparation, taking, and defending of depositions; the other meeting consists of a 75-minute learning-by-doing laboratory session. Each laboratory session will be videotaped, with each student receiving an individual videotape.
Directed Readings (76101)
(V-0-V) Faculty
Allows independent research under the supervision of one faculty member. Letter grading system.
Directed Readings (76103)
(V-0-V) Faculty
Allows independent research under the supervision of one faculty member. Satisfactory/Unsatisfactory grading system.
Economic, Social and Cultural Rights (70840)
(3-0-3) Fick
This course takes a comparative look at how both international and national political systems and institutions protect and enforce economic, social and cultural rights such as employment guarantees, health, education and housing issues and cultural practices and customs. The focus will be on defining the content of these rights, determining the sovereign’s legal obligation with respect to ensuring the rights, and problems of enforcement. These issues will be analyzed on the international level (the content of international and regional instruments and their enforcement mechanisms) as well as on the national level (examining the domestic constitutional and legislative standards of various jurisdictions and their enforcement).
Elder Law Seminar (73726)
(2-0-2) Robinson
Current laws that directly impact Americans who are 65 years old or older reflect the demographics and the stereotypes of a bygone era. Efforts to replace those laws with laws that reflect current demographics and current understandings of older Americans will be very difficult to pass for the simple reason that those demographics will push the states and the federal government in one direction and those understandings will push them in a very different direction. In this seminar, we will explore both current elder law and the elder law of the future in four basic settings: employment, income maintenance, health care (including health-care decision-making), and guardianships and durable powers of attorney. Each student in the seminar will write a twenty-page paper and present it to the class during one of the seminar sessions.
Election Law (70369)
(3-0-3) Mayer
Explores the laws governing democratic politics both before and after the voters cast their ballots. Considers the structure of elections, including the standards for and battles over redistricting, voting rights, and cam¬paign financing. Also considers how disputed elections are resolved (Bush v. Gore and more) and the role of political parties. No background in politics or political science is required.
Employee Benefits Law (70357)
(2-0-2) DeJong
Studies the key sources of law and policy issues relating to employer-sponsored retirement and welfare- benefit plans, including primarily the Internal Revenue Code of 1986, the Employee Retirement Income Security Act of 1974, and case law. Gives special attention to employee-benefits issues arising from the Enron bankruptcy, the treatment of employee benefits in major corporate transactions, and ethical issues arising in the practice of employee-benefits law.
Employment Discrimination Law (70355)
(3-0-3) Fick
Studies the substantive and procedural aspects of federal legislation dealing with employment discrimination, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, and the Americans with Disabilities Act.
Energy Law (70329)
(3-0-3) Huber
This course introduces students to the many legal and regulatory issues related to the generation, distribution, and consumption of energy in the United States. Particular attention will be given to the emerging law of renewable energy as it compares to the established legal frameworks for energy from fossil fuels. Course readings will include generous coverage of the political, environmental, and economic concerns that shape energy law.
Environmental Law (70349)
(3-0-3) Nagle
Provides a survey of most of the major federal environmental laws, exploring foundational issues of environmental ethics, politics and economics in these various legal contexts. The course focuses on analyzing the variety of existing and potential regulatory mechanisms for protecting and regulating usage of the environment, including more recent initiatives like market-based schemes, cost-benefit analysis, information disclosure, and technology forcing. In addition, the course will use hypothetical simulations to explore applications of environmental law as practiced from the perspective of environmental groups, government agencies, and regulated entities.
Estate and Gift Taxation (70607)
(3-0-3) Kirsch
Examines the federal wealth transfer tax system. Focuses on the estate and gift taxes that apply to trans¬fers of property during life or at death. Also considers common estate-planning techniques used to minimize these taxes, such as bypass trusts, life insurance, and inter-spousal transfers.
Ethics II (70827)
(1-0-1) Rodes
Applies the principles of ethics to practical legal problems and situations.
Evidence (70201)
(4-0-4) Smithburn
Studies the legal principles governing the proof process in judicial proceedings, with an introduction to techniques of presentation. Analyzes common-law and federal rules of evidence.
Faith, Morality and Law (70844)
(V-0-V) Kaveny
Looks at the relationship between faith, morality, and law at key points in the Christian tradition, as well as in relationship to contemporary issues. Section One will examine the relationship between the moral law and Christian life by looking at key passages from the New Testament in their historical context, as well as classic Protestant and Catholic views of the subject. Section Two will consider the relationship of law and morality in a pluralistic society. Section Three will look at the responsibilities of Christians who find themselves in an unjust legal system. We will consider the possibilities and limits of civil disobedience (e.g., Martin Luther King, the Berrigans), and the call to martyrdom (e.g., Sophie Scholl and the White Rose Movement). The course will be a combination of lecture and discussion. There will be an open-book exam, and the possibility of meeting the upper-level writing requirement for students who wish to do so. Enrollment limited to 25.
Family Law (70503)
(3-0-3) Smithburn
Explores the relationship between law and the most fundamental human institution. Covers the law of marriage, annulment, and divorce; other less traditional adult relationships; the relationship between family autonomy and state or third party intervention; contracts between family members (before, during, and after relationships); courtship and cohabitation between unmarried adults; the interaction between constitutional law and family law, especially concerning privacy; the law of parent and child; custody, adoption, and surrogacy; state intervention to protect child welfare; child support and its enforcement; and the accommodation of family law to pluralism in race and religion. Students are encouraged to think in terms of pervasive themes and functions of families and family law and to address family law problems through legal and non-legal materials.
Federal Courts (70311)
(3-0-3) A. Barrett/Kelley/Tidmarsh
Focuses on the federalism and separation-of-powers issues created by the existence of dual state- and federal-court systems.Topics covered include constitutional and statutory limits on the jurisdiction of the federal courts; appellate and collateral review of state- court judgments; and federal common-law rulemaking; and the scope of the immunity of governments and government officials from suit.
Federal Courts—Contemporary Problems/ Practices (70312)
(2-0-2) Ripple
Focuses on several contemporary issues involving the federal courts and federal practice. Examines the history, traditions, and contemporary institutional problems of the federal courts. In class sessions that will include both lecture presentations by the instructor and class discussion, those aspects of present-day federal practice that have precipitated significant public policy debate and that will shape the nature of federal practice in the future will be explored. Emphasizes evaluating current practice and assessing alternative approaches. Requires a term paper on a topic approved by the instructor.
Federal Criminal Law (70362)
(3-0-3) Blakey/Smith
Considers through lectures, readings, and class discussions the development of federal criminal law. Examines the Hobbs Act, Travel Act, mail fraud, drugs, tax evasion, and RICO (both criminal and civil aspects). Students conduct a simulated criminal investigation that culminates in the preparation of a prosecutorial memorandum and draft indictment. Students must also complete a substantial essay.
Federal Criminal Practice (70365)
(2-0-2) Gallo
Taught by a former federal prosecutor and present white-collar defense attorney, focuses on strategic thinking in federal criminal litigation, as well as topical issues facing federal-criminal practitioners today. In particular, the course focuses on critical substantive issues in federal criminal law. The course further analyzes the chronology of complicated federal- criminal investigations beginning with issues relating to the start of investigations by federal authorities, continuing with grand-jury proceedings and indictment, and finishing with strategic issues relating trial and sentencing. With regard to these stages, the instructor will present issues that the government, corporate counsel, and criminal-defense counsel face, such as the propriety of various undercover techniques, decisions regarding joint representation of targets and relating to joint-defense agreements, and strategies regarding plea negotiations.
Federal Criminal Procedure (70366)
(3-0-3) Blakey
Considers through lectures, reading and class discussions issues such as screening, charging, bail and pretrial release, discovery, pleas, speedy trial, joiner and severance, trial by jury sentencing and post-conviction proceedings. A simulated criminal investigation is conducted that culminates in the preparation of a prospective memorandum and draft indictment.
Federal Income Taxation (70605)
(4-0-4) M. Barrett/Kirsch/Mayer
Functionally introduces basic concepts of federal income taxation including gross income; exemptions; allowable deductions and credits; accounting methods; assignment of income; capital gains and losses; and certain nonrecognition transactions.
Federalism Seminar (73372)
(2-0-2) A. Bellia
This seminar examines what the Supreme Court has described as the oldest question of constitutional law in America: the relationship between national and state governmental authority. It considers the history, political theory, and constitutional doctrine of federalism, addressing relationships between and among political and judicial institutions in the American federal system. Though the focus of the seminar is on American federalism, the matters examined implicate questions involving international law and comparative analysis. Readings include historical materials, scholarly analyses, and judicial cases.
Financial Institutions (70120)
(3-0-3) Faculty
Introduces the legal rules and principles, as well as some of the economic, technological, and related factors that pattern the conduct of financial intermediation in the United States. Insofar as financial institutions can be viewed as discharging identical or closely related functions, much about their structures and operations can be learned by studying the ensemble as it has become increasingly clear as a practical matter as well as legal practice matter that the proliferation of financial understanding, technological development, financial practice, “globalization” and legislative response now carry us toward a world in which singular financial conglomerates offer more or less all forms of financial service under one roof. It will facilitate our conceptual understanding of finance and financial regulation, to study financial institutions and their regulation all together—as one set of closely related functions, institutional or departmental performers of those functions, public concerns implicated by the performance of those functions, and regulatory responses to those public concerns.
Foundations of European Legal Thought (73408)
Simoncini
(2-0-2) April 12, 13, 16-19, and 23-26.
The general aim of the course is to describe the basic ideas and the main features of contemporary European Legal experience. Following some of the suggestions in Pope Benedict XVI’s 2011 speech at the Bundestag, the course will focus on the historical and theoretical path towards the present-day European constitutional state. The course will be articulated in four main steps. The first will be the encounter of the three great Pre-Christian legal traditions (Jewish, Greek and Roman) with Christianity.
The second will be dedicated to the “first constitutional wave” represented by the rise of Liberal constitutions (French revolution and American revolution) with their unresolved alternative between either “Hobbes-Rousseauian” or “Locke-Kantian” axiological backgrounds and perspectives. The third will be dedicated to the “second constitutional wave” and the birth of Post-World-War II “rigid” constitutions considered as “practical substitutes” to natural law. The fourth will be on the “third constitutional wave” represented by the present-day supranational dimension of constitution law within the European Union institutional framework and its problematic future.
Freedom of Religion (70304)
(3-0-3) R. Garnett
The Freedom of Religion is widely regarded as a fundamental human right and as Americans’ “first freedom.” But what, exactly, are the content, implications, and foundations of this freedom? This course examines the precedents and doctrines relating to the Religion Clauses of the First Amendment, the history and purposes of these provisions, and the theoretical foundations of the freedom they protect. The approaches taken to religious-freedom questions in other legal regimes will also be considered. Topics include public funding for religious education, religious expression and activity in public spaces, exemptions from generally applicable laws for religious believers and religiously motivated conduct, the extent to which state action and laws may reflect religious purposes and values, the autonomy and independence of religious institutions, and the ability of government to protect and promote religious freedom as a human good.
Freedom of Speech (70307)
(3-0-3) R. Garnett
Examines First Amendment precedents and doctrines, and also those associated with other speech-protecting legal texts. Questions to be considered include: How, and why, do we define and protect the Freedom of Speech? What are the benefits, and what are the costs, of free speech? When is the regulation or censorship of expression justified? Are courts and legislators ever justified in assigning greater value to some messages and forms of expression than to others, or in silencing some speakers in order to amplify the voice of others? Does the government have a role to play in creating the conditions necessary for the freedom of speech to flourish, or is the freedom of speech best considered as a constraint on government? Is the freedom of speech primarily an individual right or a structural feature of constitutional government?
GALILEE (Group Alternative Live-in Legal Education Experience) (co-curricular) (75700)
(V-V-1) Jones
Provides students with the opportunity to live for a few days in the inner city (Chicago, New York, Los Angeles, and other cities) to learn the legal needs of the urban poor, and to observe the ways in which these needs presently are met. As a result, students develop ways to incorporate their religious and ethical value systems into their future practice of law.
Gender Issues & International Law Seminar (73320)
(3-0-3) Venter
Focuses primarily on the Convention for the Elimination of All Forms of Discrimination Against Women, (CEDAW), and the Optional Protocol to the Convention. Students will explore the status of CEDAW as an international treaty, and familiarize themselves with the kinds of reservations that signatories to CEDAW have entered. The Beijing Declaration and Platform for Action will also be briefly covered, as will other international instruments such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Since CEDAW defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination, the course will explore how successful CEDAW has been in encouraging states: to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws, and adopt appropriate ones prohibiting discrimination against women; to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and to ensure elimination of all acts of discrimination against women by persons, organizations, or enterprises. The course will also explore the kinds of remedies and recourse women have when states fail to meet their obligations under CEDAW, and examine cases that reflect tensions between the rights articulated in CEDAW, and various cultural practices.
Health Care Law (70914)
(3-0-3) Snead
Examines multiple aspects of health law and policy, including issues such as quality control regulation, liability of health care professionals and institutions, health care cost and access, and selected topics in bioethics.
Human Rights Honors Paper (88701)
(0-0-1) Cassel
This elective is available to participants in the human rights LL.M. program who wish to undertake an extended writing assignment within the framework of a particular course and with the permission and supervision of its instructor. If chosen, this assignment may be substituted for the program’s independent research requirement. Enrollment: limited to participants in the human rights LL.M. program
Human Rights Practice (70415)
(3-0-3) O’Brien
Examines the practice of human rights reporting and monitoring, including the methods used in fact finding, the use of statistics, and the evolution of evidentiary rules and standards. Carefully considers the ethical issues of professional responsibility and confidentiality. This course is required of, but not limited to, the participants in the human rights LL.M. program.
Immigration Law (70301)
(3-0-3) Dailey
This course surveys immigration and citizenship law in the United States. We will examine the admission, presence, expulsion, and naturalization of noncitizens, and the content and significance of U.S. citizenship and nationality, from a variety of perspectives: constitutional, statutory, and regulatory. Specific topics will include Congress’ plenary power over immigration; the interaction between immigration and federalism; the constitutional rights of noncitizens; the criteria for the admission of noncitizens on a temporary or permanent basis; the grounds for exclusion and removal; the rules governing adjustment of status; and the law governing refugees and asylum. The core issues at stake in this course—the boundaries of political membership and the systems for managing migrant populations—play a significant role in many areas of the law and present fundamental challenges to the United States in the twenty-first century in terms of national security, domestic and foreign policy Recommended pre- or co-requisites: Administrative Law and Constitutional Law.
Information Technology Law (70132)
(2-0-2) Flanagan
Provides a broad-based analysis of the legal issues confronted in today’s information technology (IT) arena. It provides a foundation of the basic intellectual property concepts upon which IT activities and transactions are based; the transactions, such as the licensing of software or information resources, the outsourcing or hosting of services or information, development of software or websites (along with the allocation of associated rights); and the challenges posed by e-commerce. It also addresses existing and pending laws and regulations impacting the use of IT systems, including electronic privacy and security mandates, commercial law related to IT, and the use of electronic signatures. The course examines potential liabilities based on the operation of IT systems, including Internet-based problems (e.g., hacking, denial of service, cyber-torts), domain name/trademark issues, and intellectual property concerns, including the impact of the Digital Millennium Copyright Act. The course also addresses the attorney’s and client’s responsibilities in potential or actual litigation with respect to electronic discovery and handling of electronic evidence.
Insurance Law (70910)
(3-0-3) Brinig
Insurance combines concepts from contracts with the idea of risk in a setting where regulation is important. We will discuss the common kinds of insurance— property, casualty, life, health, and automobile—and will probably have time to briefly examine the reinsurance market.
Intellectual Property and Entrepreneurship Clinic (75724)
(5-0-5) Clifford
The Intellectual Property and Entrepreneurship Clinic is a 5-credit, letter-graded course providing training in basic lawyering skills, including interviewing and counseling, as well as substantive law. The classroom component of the course uses an interactive approach including lectures and mock lawyering exercises. Through this course student will work directly with clients on intellectual property issues, such as patentability searches and provisional patent applications, trademark searches and registration, as well as intellectual property license issues and agreements.
Intellectual Property and International Justice (73115)
(2-0-2) Opderbeck (Spring 2013)
Covers patents and access to medicines, copyrights and access to scientific research, the problem of piracy and Internet distribution models, etc.
Intellectual Property and Norm-based Alternatives (73119)
(2-0-2) Perzanowski
This seminar will contrast the formal legal protections of intellectual property law with the informal, non-legal, self-regulatory mechanisms that have emerged in a variety of creative industries. Comedians, chefs, magicians, roller derby enthusiasts, and tattoo artists have developed complex, nuanced, and informally-enforced norms, attitudes, and expectations surrounding creative production. We will consider these norm-based alternatives, the motivations for their adoption, and what they might teach us about intellectual property law and policy.
Intellectual Property Survey (70134)
(3-0-3) McKenna
Provides an overview of U.S. intellectual property law along with some exposure to the relationships between U.S. law and various international regimes. It will provide roughly one credit of exposure to federal patent law and one credit to federal copyright law with the third credit devoted to trade secrets, trademarks, and unfair competition. Relying on a combination of cases and problems, the course aims to give students a working familiarity with the foundational principles of intellectual property law and practice.
Intercollegiate Athletics Externship (75907)
(2-0-2) Edmonds
The Intercollegiate Externship will provide an opportunity for law students to gain practical experience and academic credit in intercollegiate athletics administration through a classroom component taught by Law School faculty and senior-level administrator-attorneys from Athletics and via non-classroom externship work. Potential duties include reviewing contracts; assisting in the creation and revision of departmental policy; researching legal issues related to athletics; researching compliance issues; drafting, reviewing and revising compliance education materials; and auditing eligibility and other compliance-related forms.
International and Comparative Labor Law (70405)
(2-0-2) Fick
Examines the structure and operation of the International Labour Organization, a specialized agency of the United Nations system charged with promulgating and enforcing international labor standards. Places particular focus on the content and interpretation of ILO conventions 87, 98, and 111. Includes a comparative examination of the labor-law systems of selected countries (based on student interest), with an analysis of whether those systems comply with the relevant ILO conventions.
International Art Law Seminar (73402)
(2-0-2) O’Connell
International art law is a well-established subfield of international law. In this seminar, we will study a selection of the major topics, such as the nature and importance of cultural property, cultural property pro¬tection in armed conflict, the illicit international trade in cultural property, and the roles, rights and duties of museums, artists, dealers, and collectors. This is a two credit-hour seminar. A prior course in public inter¬national law is required. Evaluation will be based on class participation, a moot on an issue of international art law, and a research paper on the same topic as the moot. Prerequisite: International Law (Law 70401 or 74401). Law 73420 or 70402 International Art Law – may not take if student took Law 74402 Law of Cultural Heritage.
International Business Law (70437)
(3-0-3)
The course aims to introduce you to the work performed by lawyers in international business transactions, and to ground you in the specific skills and knowledge needed to negotiate international shipments of goods, distributorships, franchises, technology licenses, joint ventures and foreign subsidiaries. We will discuss how to apply International and several domestic regulatory frameworks for foreign trade and investment to a variety of hypothetical problems that typically arise in international business transactions. We will include strategies for negotiation and dispute resolution. Either a final examination or a research paper is required. The assignments come principally from the 2d edition of Chow & Schoenbaum, International Business Transactions (Aspen 2010). Law 70465 or 74465 International Business Law – may not take if student took Law 70437 Intl Business Transactions
International Business Transactions (70437) (spring 2012)
(3-0-3) Alford
This problem-oriented course explores the issues faced by American lawyers counseling clients who buy, sell, invest, or otherwise do business abroad. Topics covered include the role of the lawyer in such transactions; international sales of goods; financing and payment mechanisms; trade regulations as they affect private transactions; import restrictions and export subsidies; international technology transfers; international franchising; joint ventures and foreign direct investment; and international dispute resolution. This course may not be taken if a student has taken Law 70465 or 74465 International Business Law.
International Commercial Arbitration (70435)
(3-0-3) Alford
This course provides a comprehensive overview of international arbitration law and practice. Topics explored include the making and enforcement of arbitration agreements; the selection and appointment of the arbitral tribunal; preliminary proceedings, including procedural orders and interim relief; the arbitration hearing; and the making and enforcement of the arbitral award. Particular attention is paid to the enforcement of arbitration agreements and awards, the role of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and other treaties, and their interplay with national laws as a backdrop for private arbitration agreements.
International Criminal Law (70403)
(3-0-3) Gurulé
Examines international crimes, including: genocide, crimes against humanity, war crimes, torture, and terrorism. The course covers other important issues such the doctrine of command responsibility, political offense exception, extraterritorial jurisdiction, extradition, irregular rendition (fugitive snatching), and the application of the U.S. Constitution to law enforcement activities abroad. The course also includes a discussion of international criminal tribunals such as the International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the International Criminal Court.
International Dispute Resolution (70718)
(3-0-3) O’Connell
The purpose of law is the peaceful settlement of disputes. This is as true of law in the international community as any national or local one. The international community has developed sophisticated rules and procedures to resolve every type of human question from how to enforce an international contract for the sale of goods to how to prevent an inter-state dispute from escalating to nuclear war. Indeed, some procedures, such as arbitration, have been used at the international level long before they became common within states. This course concerns the full range of the procedures developed under international law for resolving international disputes. The course will introduce students to international negotiation, mediation, fact-finding, conciliation, arbitration, and judicial settlement. These methods are used daily by lawyers, diplomats, business people, and anyone confronted with a dispute that implicates an international boundary. We will learn about the range of problems and the way the methods work by studying a wide variety of disputes.
The course will also have a practical aspect. To give students experience in using the methods of international dispute resolution (IDR), teams of students will be assigned to work on several of the most dangerous territorial disputes currently challenging the world’s diplomats. Students will research the facts of each dispute and recommend a method for resolving it. They will then attempt to reach a settlement using the method selected together with students representing other interests implicated in the dispute. The dispute between Pakistan and India over the region of Kashmir is an example of a territorial dispute likely to be assigned in the course. One team will represent Pakistan and another India.
The final grade in the course will be based on regular participation in class, participation in the territorial dispute resolution exercise, and a final paper of about 25 pages on the student’s assigned problem. We will use the casebook, Mary Ellen O’Connell, International Dispute Resolution, Cases and Materials (Carolina Academic Press 2006) and handouts. The course is also designed to introduce students generally to international law as well as to provide a more thorough understanding of IDR for students who have already had a course in international law. There are no pre-requisites for the course. It is open to all law students and students earning the M.A. in peace studies.
International Environmental Law Seminar (70431)
(2-0-2) O’Connell
International environmental law is today one of the core subfields of international law. The international community employs substantive rules, institutions, and processes of international law to attempt to preserve and protect the global environment. The seminar will examine those efforts. Our focus will be in the four major environmental sectors: biosphere, atmosphere, hydrosphere, and lithosphere. We will study and discuss the development of IEL for each sector, assessing the effectiveness of the law for each sector. We will also identify ongoing issues and consider how the law needs to develop in the future. This last question will be the general subject of the research paper each student will prepare. The more detailed topic will be developed in consultation with the professor. Throughout the seminar, we will also consider our normative obligations as stewards of the earth. This is an advanced international law seminar. A prior course on international law or international dispute resolution is a prerequisite to taking the course. Evaluation will be based on class participation and the research paper.
International Intellectual Property (70439)
(2-0-2) Chon
This course covers both public and private sources of international intellectual property law and policy, including copyright, patents, trademarks, geographical indications, unfair competition, trade secrets, traditional knowledge and protection of plant genetic resources. The public component will include multilateral agreements such as the Berne Convention, the Paris Convention, and TRIPS—as well as some regional agreements such as European Union directives and regulations. We will trace how these agreements are administered through the major international institutions such as the World Intellectual Property Organization and the World Trade Organization, which in turn impact the shape of national laws and the direction of international harmonization. On the private side, we will cover briefly choice of forum, choice of law and other problems related to private transactions and enforcement. We will cover major U.S. intellectual property law concepts before discussing comparable rules in the assigned cases, whether those rules are derived from international treaties or from other countries’ national laws. Relying on a combination of cases and problems, students will develop a familiarity with the foundational principles and challenges of international intellectual property law and practice, and be sensitive to the development policy components of intellectual property in the context of global trade. Special emphasis will be placed throughout on the public interest and social justice calculus involving intellectual property-protected knowledge goods. While survey intellectual property and international law are recommended, they are not required pre-requisites.
International Law (70401)
(3-0-3) O’Connell
We live in a world where knowledge of international law is increasingly essential. Think only of such commonplace legal issues as foreign adoptions, pirate attacks on cargo vessels, international bank failures, government subsidies to troubled industries, defective products manufactured abroad, flu pandemics, or water shortages. This is the world of today. It is a world where boundaries matter less and international law matters more. For this reason, international law is increasingly a required course at American law schools. Even where it is not required, virtually every student takes the course at many top law schools. These students want to be ready for the practice of law in the 21st century. International law is the relevant law for activities that cross national boundaries. It is a complete system of law with its own methodology for law-making, application, and enforcement. No course in the first- year law curriculum prepares students for law practice involving international matters. Only a course in international law can do that. Our course is designed to introduce students to the international legal system in general, the source of international law’s authority, the source of its rules, and its primary processes. The course will also introduce students to major subfields of international law such as diplomatic law, law of the sea, human rights, law of armed conflict, environmental law, international organization law, and international dispute resolution. International law is a prerequisite for several advanced courses offered at Notre Dame, including International Law & the Use of Force (LAW 73428), International Environmental Law, and International Art Law (LAW 73402). The course will use a new edition of one of the leading international law casebooks: The International Legal System (6th ed. 2010). The first authors were Joseph Modeste Sweeney, Covey T. Oliver, and Noyes Leech. The current authors are Mary Ellen O’Connell, Richard T. Scott, and Naomi Roht-Arriza. The book will be going through final editing during the fall and will be available to students in the course at a deep discount as a course pack.
(may not have taken Law 74101)
International Law & Use of Force (70428)
(3-0-3) O’Connell
Surveys the international law regulating the use of force. Will look at both the jus ad bellum, the law relevant to resort to war, and the jus in bello the law relevant to the conduct of war. Introduces students to the core controversies as well as the history of this law before turning to the current rules. With this back¬ground, students will be assigned to represent a party facing a particular legal issue arising in an on-going armed conflict. Students will moot these issues as if arguing before the International Court of Justice. They will then prepare research papers based on the moots. Prerequisite: Law 70401 or 74401 International Law
International Taxation (70423)
(3-0-3) Kirsch
Examines U.S. income tax laws and policies relating to transnational transactions. Covers taxation of U.S. income received by foreign individuals and entities, as well as taxation of foreign income received by U.S. citizens, residents, and corporations. Emphasizes fundamental issues in international tax, including jurisdiction to tax, source of income, foreign tax credit, tax treaties, and the use of controlled subsidiaries and other entities to conduct business overseas. Pre- or co-requisites: Federal Income Taxation (LAW 70605).
Introduction to Canon Law (70833)
(2-0-2) Coughlin
This introductory course focuses on certain aspects of Book II and related canons of the 1983 Code of Canon Law. The methodology of the course reflects historical, theological, canonical and comparative approaches. The course begins with a consideration of the canon law’s understanding of the Christian faithful. In particular, it explores the rights and duties of all the Christian faithful. The hierarchical constitution of the Church, from the Holy See to the notions of the par¬ticular and local churches, is next examined. Special emphasis is placed on the nature of the governing power, the juridical parameters of the Church’s teach¬ing office, as well as key structures in the organization of the diocese. Consistent with the theology of Vatican II, these various juridical structures of the Church are considered as manifestations of the mystery of com¬munio. Throughout the course material, comparisons are made to the legal theory of modern liberal state.
Introduction to International Human Rights (70417)
(3-0-3) Carozza/Cassel
A foundational course in international human rights law. Focuses primarily on examples from United Nations-related human rights regimes, and examines the historical and jurisprudential bases of international human rights law; the normative frameworks of the principal universal human rights treaties; and of customary international law and the institutional mechanisms for interpreting, monitoring compliance with, and enforcing those norms. Prerequisite: There are no pre-requisites for this course, although it is recommended that students take International Law (LAW 70401) before taking this course.
Introduction to International Human Rights Research and Writing (70413)
(1-0-1) O’Brien
Introduces participants to the resources available within the University to aid research in the field of human rights. Also provides ideas and suggestions for the choice of research topics, methods, and writing styles. Enrollment: required of, and limited to, participants in the human rights LL.M. program
Investment Management Law (70112)
(3-0-3) Krcmaric/Pries
This course introduces students to the financial and legal mechanics of the investment management business with a focus on the regulatory regimes which govern the behavior of private investment funds and their sophisticated investors. The course will begin with an overview of the variety of distinct activities which are broadly referred to as the financial services industry, along with an introduction to the various regulatory schemes governing these activities. Key elements of the major federal securities laws particularly as they affect private investment funds will be examined: Securities Act of 1933, Securities Exchange Act of 1934, Investment Company Act of 1940, and Investment Advisers Act of 1940. Specific topics will include structures, legal relationships and tax considerations relative to private investment vehicles such as venture capital funds and hedge funds; exemptions from registration requirements for securities offerings, investment advisers and investment companies; trading and reporting requirements; and the use of derivatives and contracts documenting OTC derivatives transactions, specifically the standard ISDA agreements. The final several sessions will cover select topics arising from the global financial crisis that began in 2008, including ethical dimensions of lending practices and conflicts of interest arising from government intervention, as well as policy issues relative to the restructuring of the regulatory environment in response to the financial crisis.
Suggested pre-requisites: Business Associations (Law 70101 or 74101 and Securities Regulation (Law 70107).
Journal of College and University Law (co-curricular) (75739)
(V-0-V) Robinson
Student staff members may earn academic credit by researching, writing, or editing material for publication in the Journal of College and University Law.
Journal of International and Comparative Law (co-curricular) (75740)
(1-0-1)O’Connell
The mission of the Journal of International and Comparative Law is to provide a forum of discussion for international, comparative, and human rights law; to educate students about international legal issues; to provide open and equal access to our publications; to be economically efficient, environmentally sustainable, and immediately responsive to current events in the field of international law; and to inspire our readers to work on these issues.
Students may only participate in the Journal after completing the write-on (including a letter of interest) and being offered membership on the Journal by the Executive Board.
Journal of Legislation (co-curricular) (75753)
(V-0-V) Mayer
Student staff members may earn academic credit by researching, writing, or editing material for publication in the Journal of Legislation.
Judicial Process Seminar (73311)
(2-0-2) Ripple
Affords students the opportunity to confront the question that Justice Cardozo presented in his famous work on the judicial process: “What is it that I do when I decide a case?’ Through class discussion, explores the intellectual roots of the American judicial tradition and addresses the problems that confront that tradition in the modern American courtroom. Explores critically the judicial role in the common-law context, in modern statutory interpretation, in administrative practice, and in constitutional adjudication. Helps students appreciate how the judicial mind goes about the craft of deciding a case in the hope that the student, once admitted to practice, will be able to better respond to the needs of that mind and therefore, will be a better advocate. While constitutional law is not a required prerequisite, it is helpful to have a background in that area. Some time is spent in acclimating students to the responsibilities of a federal or state clerkship. Requires a term paper on a topic approved by the instructor.
J.S.D. Dissertation (88703)
(0-0-V) Carozza
Enrollment: limited to students in the J.S.D. program in international human rights law.
J.S.D. Nonresident Dissertation (88705)
(0-0-1) Carozza
Enrollment: limited to students in the J.S.D. program in international human rights law.
Jurisprudence (70812)
(3-0-3) Pojanowski
Are law students preparing to participate in the tradition of a noble profession or merely training to be skilled manipulators of language, concepts, and other people? This course will inquire about the philosophy of law; the nature and possible distinctiveness of legal reasoning; the purpose of law and lawyering in society; and the perplexity of many contemporary students, scholars, and practicing lawyers in the face of such questions. To pursue these questions, this course will draw on writings in jurisprudence and the history of ideas ranging from Plato to postmodernism, as well as judicial opinions that turn abstract ideas into legal action.” This course aspires to give students the opportunity to ensure that their legal lives do not go unexamined.
Jurisprudence (70813)
(3-0-3) Rodes
Studies different accounts of the nature of law and the place of non-legal elements—moral, historical, sociological, economic—in legal decision making. Emphasizes concrete legal cases and attempts to relate philosophical and theological insights to professional insights developed in other courses. Aims to help students relate their personal commitments to their professional lives, and to give students a better understanding of particular legal dispositions through studying them within the context of the whole fabric of the law.
Jurisprudence (70815)
(3-0-3) Blakey
Examines through lectures, readings, and class discussions the fundamental theories of the meaning of the rule of law in Western society, including skepticism, natural law, natural rights, positivism, realism, economic analysis, critical legal studies, feminist jurisprudence, critical race theory, and postmodernist jurisprudence. Critiques the contributions of Aristotle, Plato, Pyrrho, Cicero, Justinian, Aquinas, Bacon, Locke, Hume, Bentham, Austin, Hart, Posner, Jhering, Pound, Holmes, Llewellyn, Frank, Marx, Wittgenstein, Habermas, Quine, James, Neitzsche, and others.
Jurisprudence (70818)
(3-0-3) Coughlin
This course poses the fundamental question: “What is law?” from legal, philosophical, and historical perspectives. The course traces the concept of law from antiquity to medieval thought to modern theories. In responding to the fundamental question about law, the course aims to offer a theoretical framework for those preparing to practice as attorneys.
Juvenile Law (70501)
(2-0-2) Smithburn
Surveys the juvenile justice system—past and present— including substantive law dealing with children as both perpetrators and victims; arrest and investigation of juvenile delinquency; intake and diversion; rights of children in public schools; whether to treat the child as an adult; adjudication; dispositional and post-dispositional proceedings; abuse and neglect and dependent children; medical and psychological issues; rights of foster parents; mental-health commitment of children; special advocacy for children; and termination of parental rights.
Labor and Employment Law (70353)
(3-0-3) Fick
Examines how both the common law and the statutory law impact the employment relationship in the private sector. Gives special attention to contract- and tort- based exceptions to employment-at-will, the National Labor Relations Act, and the role of unions in the workplace.
Land Use Planning (70345)
(3-0-3) N. Garnett
This course examines the land development process. It explores the various legal tools used to regulate land uses – nuisance, covenants, zoning, subdivision controls, growth management tools, historic preservation regulations, etc. – as well as constitutional limits on land use regulation. Attention will be given to the comparative advantages of different regulatory devices, as well as to the legal, political, and economic factors that influence public and private decisions land uses.
Law and Accounting Seminar (Credit Crisis) (73147)
(3-0-3) M. Barrett
Examines various legal issues and topics that involve the intersection between law and financial account¬ing. During the 2008 fall semester, the seminar will include an extensive coverage regarding the financial accounting, securities disclosure, corporate, and tax issues underlying the current credit crisis, which led to the sudden collapse of the sub-prime mortgage market during the summer of 2007, the Federal Reserve-mediated sale of The Bear Sterns Cos. to J.P. Morgan Chase and Co. in March 2008, and accounting write-downs that already exceed $100 billion. The course will require regular reading of The Wall Street Journal to monitor developments for discussion in class. Unlike Law 70100, Accounting for Lawyers, any interested student can enroll in this course. Other topics may include drafting and negotiating agreements and legal documents containing accounting terminology; poten¬tial opportunities for obtaining and using accounting-related information about an underlying lawsuit in litigation; stock option scandals; revenue recognition and earnings management; management’s discus¬sion and analysis; international accounting principles; and cost allocation issues. Requires the writing and presentation of a 25-page paper examining some issue considered during the course.
Law & Accounting Seminar (Stock Options Scandals) (73147)
(3-0-3) M. Barrett
Examines in detail various legal issues and topics that involve the intersection between law and financial accounting. During the 2007 fall semester, the seminar will include an extensive discussion of the recent corporate scandals involving the backdating of option grants and exercises and the underlying financial accounting, corporate, securities, and tax issues. So far, more than 140 U.S. corporations have disclosed government investigations involving possible backdating, and dozens of corporate executives, including a growing number of general counsels, have lost their jobs in these scandals. The course will require regular reading of The Wall Street Journal to monitor developments for discussion in class. Unlike Law 70100, Accounting for Lawyers, any interested student can enroll in this course. Other topics may include drafting and negotiating agreements and legal documents containing accounting terminology; potential opportunities for obtaining and using accounting-related information about an underlying lawsuit in litigation; revenue recognition and earnings management; management’s discussion and analysis, international accounting principles; and cost allocation issues. Requires the writing and presentation of a 25-page paper examining some issue considered during the course.
Law and Disabilities (70367)
(2-0-2) Hull
Emphasizes federal legislation and implementing regulations together with Supreme Court decisions interpreting those statutes and rules. Considers selected state authorities in connection with topics such as appropriate placement and treatment of institutionalized mentally disabled persons and appropriate public education of disabled students. Other topics include the Social Security disability system and issues pertaining to accessibility of public buildings and transportation services. A significant part of the course concerns the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Considers difficulties encountered in implementing the Rehabilitation Act, Supreme Court interpretations of that act, and the resulting effects on the Americans with Disabilities Act.
Law and Economics Seminar (73145)
(2-0-2) Brinig/Kelly
Provides an introduction to issues in the economic analysis of law and a forum for investigating ongoing research in law and economics, law and business, and law and the social sciences. Explores the major areas of research in law and economics (such as property, contracts, torts, intellectual property, and business associations) but also extends beyond these areas to examine subjects and problems traditionally underrepresented in the field. The seminar will consist of (i) a number of guided discussions on topics within law and economics (e.g., empirical methods, public choice theory, and behavioral law and economics); and (ii) a series of workshop presentations in which invited speakers (from the Law School, other departments within the University, and other law schools and universities) deliver working papers and students have the opportunity to ask questions and offer comments. Students are expected to participate in class discussions and the question-and-answer sessions, submit brief written comments on the papers in advance of the presentations, and complete a final paper of 15-20 pages. Students with a particular interest in or prior studies pertaining to economics, business, or the social sciences might find the seminar especially appealing, but neither a background in these disciplines nor knowledge of technical economics is necessary for enrolling in the course.
Law & the Entrepreneur (70905)
(2-0-2) Eisenmann
The course examines the business, financial and legal mechanics of an entrepreneurial business, with a focus on the business lifecycle and structural challenges of managing the entrepreneurial business during the different stages of development. The course will introduce various corporate structures, corporate governance requirements, and management transition planning, and will examine the intellectual property protection that can be achieved by utilizing patents, copyrights, trademarks, and trade secrets. Business financing will be examined including obtaining venture capital, utilizing internal funding, and obtaining public financing via an initial public offering. Several business case studies will be utilized to demonstrate problems associated with capital planning, accelerated business growth, and acquisition strategies. Significant student participation will be expected.
Law & Human Development in Practice (73430)
(1-0-1) Cervenak
This seminar is designed primarily to support students in Program on Law and Human Development summer research internships and in other NDLS experiential learning internships/externships on global justice issues. A broad range of topics related to law and human development will be explored, and students will complete in-depth writing projects (such as case studies, research papers, or extensive reflection pieces), typically defined by their summer experience. This seminar will help students gain a deeper understanding of the situations they confront in research or experiential learning experiences by building their capacity to investigate and reflect upon complex, real-world issues in human development. Specifically, they will: have a clear understanding of the theoretical, historical and practical features of the emerging field of law and human development, including the human capabilities approach and Catholic Social Tradition’s contributions; explore how various legal approaches relate to human development; and develop skills necessary to research and critically evaluate law’s role in advancing or hindering human development in specific, concrete situations.
The classroom meetings for this seminar will be offered in two parts, before and after summer internships/externships. The first part of seminar sessions will engage the students in the course topics through readings, other media, and classroom discussion. Each student will identify a major research topic in law and human development based upon their summer intern/externship placements. Students will prepare a detailed research proposal (including research questions and methodology, bibliography, list of contacts and resources on the ground, and preliminary outline). Over the summer, they will present for approval an extensive final outline of their paper, and then prepare a draft, of 20-30 pages minimum. This draft paper will be shared and vetted during the second part of seminar sessions, in oral and written formats. In a structured manner, students will present their work to the class as well as provide feedback on classmates’ work. The final draft of the paper will be submitted at the end of this second set of meetings; it is expected that a number would be candidates for publication.
The two seminar sessions of one credit each will be offered for a total of two credits. The spring semester session will meet over one week between finals and graduation in May; the second session in the fall semester takes place over seven weekly meetings August-October. The instructor will authorize student registration in the course based upon acceptance to PLHD and other summer internships/externships and academic qualifications for up to nine participants; it is expected that authorizations and registration will occur between December 2011 and February 2012.
Law & Investment in the Americas (73451)
(2-0-2) Legarre (March 19-April 4)
This class is an introduction to law and investment in the Americas, from a comparative perspective. The main countries for study will be the US and Argentina, the latter being used to exemplify broader legal issues. The law of the Common Southern Market (Mercosur) shall be considered, with a special emphasis on the common features and differences with NAFTA.
Because the course is intended for US students, it will introduce some features of Argentine constitutional law that will help to understand Mercosur; and these features will be compared to counterparts in US constitutional law and practice. The course will consider the particular status of property rights—including foreign investments—during economic crises and emergencies as those situations are a recurring feature in the life of many Latin American countries.
Because Argentina, and other Latin American countries, have signed Bilateral Investment Treaties (BITs) with the United States (and other nations), students will also be introduced to ICSID (International Centre for Settlement of Investment Disputes), which provides for the settlement of disputes arising in the context of most BITs.
Law and Mental Health (70913)
(3-0-3) Jenuwine
Examines the interrelationship between legal doctrine, procedural rules, and medical, cultural, and social scientific understandings of mental disability as well as institutional arrangements affecting the provision of services to the mentally disabled. Material covered in this course will build on knowledge acquired in Torts, Constitutional Law, Criminal Law, and Civil Procedure. Topics covered will include admission to and discharge from mental health facilities, competency to consent to or to refuse treatment, surrogate decision making for those found incompetent, the rights of the mentally disabled in the criminal justice system, the rights of those confined in mental health facilities, and discrimination against the mentally disabled.
Law and Poverty (75727)
(2-0-2) Broden
Examines the situation of the poor in the American legal system. Includes field work and clinical work with clients in northern Indiana and southern Michigan.
Law & Psychology (70845)
(3-0-3) Hollander-Blumoff
This course will explore issues at the intersection of law and psychology. The course will consider a wide variety of ways in which the disciplines of psychology and law relate to one another, including how our understanding of human behavior shapes the way that laws are created and how the law, in turn, shapes human behavior. More broadly, we will consider what psychology tells us about the role of law in society: how law is perceived, and what factors lead to increased respect for the law. More narrowly, we will consider the ways that psychology as a discipline plays a role in the legal system. We will also touch on the psychology of lawyers themselves. Our readings and discussion cut across a wide swath of substantive law topics, including contracts, torts, criminal law, civil procedure, corporate law, and dispute resolution. The course also highlights the relationships between law & behavior, law & rationality, law & utility, law & society, and law & emotion.
Law & Theories of Employment (73354)
(2-0-2) Bodie
A variety of statutory schemes are dependent on the concept of employment to convey the scope of their coverage. The legal definition of employee has been developed from common law “master and servant” doctrine, with further refinement to define the “scope of employment.” But instead of using employment to impose liability on firms, employee-related statutory schemes generally single out employees for special regulatory protection. What is the law’s definition of employment, and what are the theories behind this definition? This course will begin by looking closely at different theories of employment, drawing on economic literature about the theory of the firm and sociological literature about the role of work in our culture. We will then take a close look at the common law conception of employment, as well as a series of specific statutes—Title VII of the Civil Right Act, National Labor Relations Act, ERISA, OSHA, Fair Labor Standards Act, and Family and Medical Leave Act—to determine the role of employment in law and better understand the purpose for these protections. The course will require a substantial paper sufficient to satisfy the upper-level writing requirement.
Law at the End of Life Seminar (73829)
(2-0-2) Robinson
This two-credit seminar meets for 100 minutes weekly for fourteen sessions. In it, we will study the law applicable to a few of the most pressing end-of-life legal issues that confront the United States and other technologically advanced nations today. The law in question in this seminar will usually be the federal constitutional law of the United States, the law (statutory and decisional) of one or more of the states of the United States, or a uniform law that the National Conference of Commissioners on Uniform State Law has proposed and that has been widely adopted by the states of the United States. On occasion we will consider the legal regime governing end-of-life issues that other nations have created in recent years. Students taking this course will be expected to attend and to participate actively in each session of this seminar and to write a paper that is at least twenty pages long on a law-at-the-end-of-life topic that is agreed upon between the student and me by September 14th of this year. A rough draft of that paper will be due by November 2nd and the final draft will be due by December 21st.
Law, Economics and Theology (73146)
(2-0-2) Calo
In this seminar, we will employ theological and religious resources to assess and critique the relationship between law and economics. The aim of the seminar is to interrogate the moral order of economic institutions and practices, particularly as shaped by legal norms, within modern and late modern society. We will give extensive though not exclusive attention to aspects of the Catholic theological and social thought tradition, while also considering a variety of ethical, philosophical, jurisprudential, historical, sociological, and comparative religious sources. Students will be expected to actively participate in the seminar and to complete a research paper at the end of the term.
Law Enforcement & Challenge of Terrorism (70434)
(3-0-3) Blakey
Considers each of the legal and other measures employed to fight terrorism, including giving mate¬rial support to a terrorist organization, torture, foreign intelligence surveillance, and military commissions in the context of the constitutional rights. An effort, too, is made to understand the difficulties in arriving at a generally acceptable definition of “terrorism” for legal and other purposes.
Law of Education (70313)
(2-0-2) Dutile
Examines selected legal aspects of education including students’ rights, teachers’ rights, desegregation, educational finance, and church-state matters.
Law of Higher Education Seminar (73313)
(2-0-2) N. Garnett
This seminar course will canvass a number of legal issues faced by colleges and universities, including academic freedom, tenure, religion and higher education, financial aid, admissions and affirmative action, finances, students’ rights and responsibilities, universities’ responsibilities to students, intellectual property questions, and collegiate athletics. Where appropriate, students will be asked to engage in a comparative evaluation of these issues at public v. private/religious colleges and universities. Research paper required.
Law of International Trade (70433) (spring 2012)
(3-0-3) Alford
This course analyzes the national and international constitutional framework of the complicated regulatory legal system affecting international economic relations, including questions regarding the WTO, NAFTA, the executive-congressional relationship in the United States, and the process of formulation and adoption of United States trade legislation. The course will take up various regulatory legal principles and how they operate at both the national and international level, dealing with subjects such as trade dispute resolution, tariffs and tariff negotiations, quotas, normal trade relation clauses, national treatment clauses, escape clauses, dumping and antidumping duties, export subsidies, countervailing duties, investment, and other topics. The course will also address trade linkage questions, such as the relationship between trade and labor, the environment, intellectual property, and human rights. The goal of the course is to give a rounded appreciation of the interplay between national and international rules as they affect government actions, which influence private international transactions.
Law of Medical Malpractice (70911)
(2-0-2) Spalding
Provides a practical review of medical liability. Examines the elements and defenses of a medical malpractice claim and considers issues of insurance, access, product liability, and peer review. While not a trial-advocacy course, most topics are reviewed from a litigation or trial perspective.
Legal Aid I and Ethics (75721)
(5-0-5) Fox/Jenuwine/Jones/Wruble
Legal Aid I and Ethics is a 5-credit, letter-graded course
providing training in basic lawyering skills, including interviewing and counseling, as well as ethics,
substantive law and procedural law relevant to the representation of clients in litigation and transactions. Students represent clients under the close supervision of a clinical faculty member. The case types vary somewhat among the sections, as described below. The classroom component of the course uses a combined lecture and mock exercise format. Students are sometimes required to participate in a community education presentation. Students register for Legal Aid I & Ethics by section, as described below.
Pre- or co-requisite: Professional Responsibility (LAW 70807)
LEGAL AID I AND ETHICS: CONSUMER LAW (75721, Sec. 01, FOX): This section focuses on consumer protection issues. The particular substantive law issues vary by semester, depending on client needs. Cases involve mortgage foreclosures, the Fair Debt Collection Practices Act, common law fraud, and Indiana’s small loan statute, among other issues. Students often engage in drafting and defending summary judgment motions, discovery activities and can expect to draft and answer interrogatories, conduct and defend depositions, and participate in facilitated mortgage settlement conferences. Court appearances tend to be motion hearings, with an occasional trial.
LEGAL AID I AND ETHICS: LANDLORD-TENANT/SOCIAL SECURITY DISABILITY (Law 75721, Sec. 02, JONES): Students in this section may handle landlord-tenant cases in the Small Claims division of the St. Joseph Superior Court, Social Security disability cases in administrative hearings, and occasionally other poverty law matters. Most students will have an opportunity to appear in court or before an administrative law judge. All matters involve substantial client interviewing and counseling, factual investigation, and case development. Landlord-tenant cases include eviction hearings and “damages” hearings to resolve financial matters such as security deposits, back rent, and damage to apartments. Social Security proceedings typically involve clients with mental illness who are appealing denials of disability benefits. Students develop an evidentiary record and then conduct hearings before administrative law judges. Many matters handled in this section can be completed in the course of a semester, allowing students an opportunity to see a matter through from beginning to end.
LEGAL AID I AND ETHICS: MENTAL HEALTH LAW (Law 75721, Sec. 03, JENUWINE): This section trains students to advocate on behalf of individuals with mental illnesses and disabilities. Students will participate in cases involving clients who are mental health consumers and clients with disabilities. Case types may include civil court proceedings such as guardianships, criminal hearings involving mentally ill or mentally retarded defendants,
and administrative proceedings involving denial of benefits such as Social Security disability, Medicaid, or Vocational Rehabilitation.
LEGAL AID I AND ETHICS: COMMUNITY DEVELOPMENT (Law 75721, Sec. 04, KELLY): Students in this section counsel and represent nonprofits, small businesses and social enterprises in South Bend and throughout Northern Indiana. Students will offer transactional legal services to their clients in matters including entity formation, corporate governance, tax exemption recognition, risk management, finance arrangements and asset acquisition.
Legal Aid II (75723)
(3-0-3) Fox/Jenuwine/Jones
Allows students who have satisfactorily completed Legal Aid I and Ethics to progress to more advanced lawyering skills. Enrollment is by permission of the instructor. Enrollment: limited at the discretion of the clinic faculty.
Legal Aid (co-curricular) (Law 75725)
(V-V-2) Fox/Jenuwine/JonesStudents who have completed Legal Aid I & Ethics may earn one or two credits of additional academic credit through clinical work tailored to the interests of the student. Opportunities are limited. Enrollment is by permission of the instructor.
Legal Externship (summer only; co-curricular) (75731)
(V-V-1) Faculty
Students may earn one unit of cocurricular externship credit for student volunteer legal work of six weeks or more during the summer months in any court, agency, or public or private law office. Externship work must be conducted under faculty supervision, conform to the approved standards of the faculty, and have the advance approval of the assistant dean for students. This one unit of cocurricular credit may count as one of the four maximum allowable cocurricular credits toward graduation requirements but cannot count toward the minimum hours required during any semester for residency. It will be reflected on a student’s transcript.
Legal Externship—Public Defender (75733)
(2-0-2) Bradley
Involves assisting actual public defenders in representing indigent clients at the St. Joseph County Courthouse—Trial and Misdemeanor Division. Students can expect to represent clients in many capacities, some of which include negotiating plea bargains with prosecutors; preparing and conducting bench trials; interviewing and subpoenaing witnesses; writing and filing discovery motions; and other activities within the administration of justice. Students are expected to work at the courthouse one full morning or afternoon each week. Besides the courtroom experience, students must attend class sessions that feature prosecutors, police officers, public defenders, judges, and probation officers lecturing on their duties as officers of the court. Enrollment: limited each semester at the discretion of the instructor.
Legal Externship—Public Defender (co-curricular) (75735)
(2-0-2) Bradley
Students who have completed the externship requirements of LAW 75733 may enroll for additional cocurricular credit. Students may work in the Trial and Misdemeanor Division at the St. Joseph County Courthouse or may assist felony public defenders. Those who work for the felony public defenders must agree to work at least 60 hours over the course of the semester. Prerequisite: Legal Externship—Public Defender (LAW 75733) Enrollment: limited each semester at the discretion of the instructor.
Legal Externship—Public Defender— Ethics (70803)
(1-0-1) Bradley
Involves formulating solutions to ethical problems in the criminal justice system. Meets once per week. May be graded at the option of the instructor. Satisfies Ethics II requirement. Pre- or co-requisite: Legal Externship—Public Defender (LAW 75733)
Legal Research (60703)
(1-0-1) Edmonds/King/O’Byrne/Ogden/Rees
Designed to introduce first-year students to the tools and methodology of legal research and to help develop the research skills that are essential both in law school and in law practice.
Legal Scholarship Seminar (83429)
(1-0-1) Carozza
This seminar is designed for J.D. and J.S.D. students who have an interest in producing publishable works of legal scholarship, including in pursuit of a possible career in the legal academy. Using secondary literature on scholarly writing in law as well as some outstanding examples of legal scholarship, the course will consider how to formulate and execute a viable and interesting legal research project and what makes for a successful (or not) scholarly article. We will spend considerable time reading, presenting, and commenting on one another’s written works with the goal of transforming them into publishable articles (or engaging in a post-publication critique of them if already accepted for publication as a journal note, for example). It is therefore a prerequisite to the course that students will have already produced a substantial research paper or journal note for another course or co-curricular activity, prior to enrolling. The class will meet once every two weeks for two hours at a time. Enrollment is by permission of the instructor only; if interested, please contact Professor Carozza in advance.
Legal Writing I (60705)
(2-0-2) Callahan/Douglas/Griffin/Martin/Simon/ Venter
Introduces students to the world of legal discourse and provides instruction, experience, and guidance in learning to write legal documents. Emphasizes writing as a process and focuses on prewriting, drafting, and revising strategies designed to produce effective written work.
Legal Writing II (Moot Court) (60707)
(1-0-1) Callahan/Douglas/Griffin/Martin/Simon/ Venter
Introduces students to techniques of appellate advocacy. Requires each student to brief and argue one appellate moot court case.
Legislation (70314)
(2-0-2) Faculty
Provides an introduction to legislation and the empha¬sis on federal legislation. Considers theories of repre¬sentation by the legislature, including one-person, one-vote; legal process theory and the roles that judicial review and separation of powers play in that theory; and statutory construction and the use of legis¬lative history in interpreting statutes.
Legislation & Regulation (Law 70318)
(3-0-3) Nagle
This course seeks to provide the understanding of the legislative and administrative process that is needed to practice law in the United States in the twenty-first century. It is based on a course that students are required to take in their first year at the Harvard Law School in order “to bring the first-year law school curriculum more in line with the realities of modern legal practice and the structure of our legal system – in particular, the centrality of statutes and regulations,” and “to teach students how judges and administrative interpreters construe these legal materials.” The course includes three sections: (1) an initial overview of the law of the lawmaking process; (2) an introduction to statutory interpretation; and (3) an analysis of the regulatory process. It also includes several skills components requiring the drafting of a proposed statute and commenting on proposed administrative regulations. The course thus provides a foundation for the numerous classes that study specific statutory and regulatory schemes.
There is no prerequisite for the course. Students who have already taken either Statutory Interpretation or Administrative Law may not take Legislation & Regulation.
LL.M. Thesis (88700)
(V-0-V) Cassel
Requires written work of substantial quality completed under the direction of a faculty sponsor. Enrollment: limited to students in the human rights LL.M. program
Local Government Law (70317)
(3-0-3) N. Garnett
Examines the laws regulating the relationships between local governments and their citizens and between local governments and state and federal governments. Covers forms of local government; the scope of local governmental power; statutory and constitutional limits on local governments; provision, financing, and privatization of services; annexation, secession, and other boundary issues; inter-local cooperation and conflict, especially between cities and their suburbs; and the growth of “private” regulatory bodies.
Medieval Legal History Seminar (73835)
(2-0-2) Rodes
Studies the formative period of the Anglo-American legal system using 14th-century yearbooks and other materials from the same period.
Mercy & Justice Seminar (73827)
(2-0-2) Kaveny
Explores the meaning of mercy, particularly in its relationship to justice. Examines four major topics: (1) mercy in its relation to retributive justice, focusing on the role of mercy or clemency in the case of criminal sentencing, as well as broader questions of retribution and wrongdoing such as whether there can or should be criteria for the exercises of mercy, whether mercy can be exercised unjustly, and the relationship of forgiveness to mercy; (2) mercy in its relation to distributive justice, focusing on the corporal works of mercy and issues such as the relationship between justice and “private charity”; (3) mercy in its relationship to social justice or the social face of mercy, and (4) divine mercy, focusing on the various ways theologians have attempted to reconcile divine mercy and divine justice. Readings for the class will be interdisciplinary, and will include materials from legal, philosophical and theological sources.
Mergers & Acquisitions (70127)
(3-0-3) Velasco
Explores federal and state law governing business combinations. The main areas of study include the legal requirements and mechanics of business combinations and the fiduciary duties of management in connection with friendly and hostile transactions. Prerequisite (or corequisite with permission): Business Associations (LAW 70101 or 74101)
Militant Democracy & the International Legal Regime (73718)
(2-0-2) Cavanaugh; April 2-5 and 10-13
Two contrasting arguments emerge from the debates on militant democracy. One suggests that a State may use anti-democratic measures in order to preserve or transit democracy. This constitutional expression of militant democracy has been adopted by many liberal and ‘illiberal’ States, and embraces anti-democratic methods for, ostensibly democratic purposes. The ‘war on terrorism’ discourse that preoccupied the Bush regime provided ample, relatively uncritical narrative to support this argument. Whilst the terrorism rhetoric has shifted, the policies and narratives to flow from the discourse remain to date.
A second competing thesis suggests that, far from excising out-groups from the public sphere, States ought to actively include them in seeking resolution of grievances. This approach dictates that banning political parties that challenge a State’s legitimacy are unlikely to undermine or disband them, but rather to force them underground, radicalise their agendas further and perhaps lead to the adoption of violence in order to challenge the political legitimacy of the state. It follows that the inclusion of immoderate groups within political processes could lead to moderation through the necessities and responsibilities of governance. This could be a positive transformative process, moving a political party or movement away from its militant tendencies, towards mainstream politics where their underlying grievances can be addressed through policy making. This argument has been posited in relation to the inclusion of Sinn Fein in NI political processes and also in the context of the pacific settlement to the identity-based disputes in Lebanon and Fiji.
This course will engage critically with the militant democratic discourse that has dominated the socio-legal landscape in the current ‘war on terror’ by unpacking some of the legal and normative developments within international law that have flowed from this concept. The course will also engage some of the literature (and case studies) which challenge the efficacy of Militant Democratic actions and seek to explore the second (inclusion) thesis.
Moot Court—International (co-curricular) (75745)
(1-0-1) Venter
Students will be assigned a problem at the end of the first week of fall semester and will write a bench memo on the problem, to be graded anonymously. Students will then present a brief oral argument on the bench memo. Team members will be chosen based on the bench memo and oral performance. Students who are chosen for the team write a brief in conjunction with a partner based on a problem assigned by ILSA in November. There are usually four issues (each person writes on two). Briefs are due by early January and the oral competition known as the Jessup International Moot Court Competition is held in Chicago in February. If the team advances, the finals are held in Washington, D.C., in early April and consist of teams from all over the world. Pre- or co-requisite: International Law (LAW 70401 or 74401)
Moot Court—Trial (co-curricular) (75747)
(V-0-V) K. Singer/Williams
NDLS has two (2) mock trial teams that compete in national competitions. The American Association of Justice (AAJ) team competes in the AAJ Student Trial Advocacy Competition. The Barristers team competes in the National Trial Competition (NTC), one of the most prestigious in the country.
Students tryout and are chosen for the both Teams during the first week of classes in the fall. It is very helpful to have already taken Comprehensive Trial Ad or be enrolled in the Fall Intensive Trial Ad course prior to tryouts. Students who make the teams must then enroll in the fall Moot Court Trial Class. Each team will potentially be made up of a mixture of 2L’s and 3L’s.
The Moot Court Trial Class is designed specifically to prepare students for competition. The class is a combination of lecture and performance.
Morality and the Law (70843)
(3-0-3) Rice
Examines in detail the central jurisprudential issue of this century—the relation between the human law and the higher law as that law is seen in the natural law and revelation. Focuses on the Treatise on Law by St. Thomas Aquinas and its intellectual foundations. Emphasizes original sources in the examination of Marxist, natural rights, utilitarian, positivist, and other theories of law. Readings include Aristotle, Cicero, Aquinas, Kant, Hobbes, Locke, Rousseau, Jhering, Savigny, Bentham, Mill, Stephen, H.L.A. Hart, Devlin, Kelsen, Austin, Holmes, Pound, Rommen, Solzhenitsyn, and Pope John Paul II. Studies the theoretical and practical differences among the various approaches, with particular reference to issues involving legal personhood, the inception and termination of life, the legal status of the family, economic justice, national defense, and other matters. Includes an evaluation of these issues with reference to the social teachings of the Catholic Church.
Negotiation (70727)
(3-0-3) Fick
Provides a grounding in negotiation theory, examines negotiation strategies and tactics, and provides students with an opportunity to implement theory and practice through a series of negotiation simulation exercises.
Negotiation Theory Seminar (73728)
(2-0-2) Holland-Blumoff
This seminar will focus on the empirical and theoretical study of negotiation. It is helpful, but not required, for students taking the class to have previously taken a basic course in negotiation or its equivalent, as rudimentary knowledge of negotiation theory and practice will be assumed. The seminar will offer an interdisciplinary perspective on the negotiation process, exploring negotiation from the perspective of law, psychology, and economics, including topics such as utility and game theory, cognitive biases, distributive and procedural fairness, and professional ethics. A final seminar paper in the course, along with an in-class presentation, is required.
Not-for-Profit Organizations (70121)
(3-0-3) Mayer
Examines the legal regulation of not-for-profit organizations under both state law and federal tax law. Topics covered include an overview of the not-for-profit sector; formation and dissolution of not-for-profit organizations; operations and governance, including the legal duties and liabilities of directors and trustees; regulation of charitable solicitation; requirements to qualify and maintain tax-exempt status under federal and state law; the unrelated business income tax; the distinction between public charities and private foundations; and basic charitable giving strategies. The course will include a final examination.
Notre Dame Journal of Law, Ethics and Public Policy (co-curricular) (75741)
(V-0-1)
Second-year staff members may earn academic credit by successfully completing staff work and by writing a publishable article for the Notre Dame Journal of Law, Ethics and Public Policy.
Notre Dame Journal of Law, Ethics and Public Policy (co-curricular) (75751)
(V-0-1)
Third-year staff members may earn one unit of academic credit each semester for editorial work on the Notre Dame Journal of Law, Ethics and Public Policy.
Notre Dame Law Review (co-curricular) (75749)
(V-0-V) A. Bellia
Second- and third-year students may earn academic credit by researching, writing, and editing material in conjunction with the preparation for publication of the Notre Dame Law Review.
Patent Drafting & Prosecution (75910)
(2-0-2) Deak
This course is designed to introduce students to the basics of patent drafting and prosecution. The course will emphasize practical knowledge and skills, and will reinforce concepts covered in class with assignments based on actual patent applications. Examples will encompass a variety of technologies.
This class will only be of interest to students who intend to practice as patent attorneys.
Patent Law (70909)
(3-0-3) Schwartz
Focuses on United States patent law. Topics covered include the requirements for patentability, patent prosecution, and enforcement and litigation issues. A technical background is not required for Patent Law.
Patent Litigation (73909)
(2-0-2) Irwin
This course is designed to introduce students to issues faced when litigating a patent infringement case. It will cover: pretrial investigations; venue selection; defense strategies for cost-effective resolution, including ex parte reexamination, inter partes and post grant review, bifurcation, and early summary judgment motions; motions to dismiss; motions to transfer; litigation hold requirements and electronic discovery issues; typical fact discovery and fact discovery disputes; identifying and selecting experts; expert discovery and expert discovery disputes; patent claim construction canons and claim construction hearings; motions in limine; trial strategy and common trial issues; post-trial motions; settlement considerations and strategies; and a review of the 25 cases every patent litigator should know by name. Patent Law is a pre-co/requisite unless approval is obtained. No technical background is required.
Payment Systems (70104)
(3-0-3) Faculty
Focuses primarily on the law of negotiable instruments—checks and promissory notes—as set out in Articles Three and Four of the Uniform Commercial Code. Also deals with credit and debit cards, letters of credit, and electronic fund transfers.
Personal Injury Litigation (75712)
(2-0-2) Salvi
Gives the students an initial purchase on the basic skills required in the prosecution or defense of a personal injury case. After a brief introduction to the types of case—e.g., professional negligence, product liability, premise liability, wrongful death—usually encountered in this practice area, the students will study the ethics and pragmatics of case selection, fact development, complaint drafting, written discovery, client relations, deposition practice (involving both parties and experts), settlement practice, and trial practice, with special attention to proving (or contesting) damage claims. Grades will be based on the quality of each student’s drafting work, on the quality of each student’s in-class performance, and on the quality of each student’s performance on an end- of-semester take-home exam. Anatomy of a Personal Injury Lawsuit, 3d (AAJ Press). Supplemental reading material will be provided to the students during the course of the semester.
Perspectives on Individual, Family & Social Institutions Seminar (73504)
(2-0-2) Brinig
This course explores the way society is built—from the individual to the broader community— and how culture and genetic attributes as well as material wealth pass between generations. Consistent with the usual Notre Dame practice for seminars, grading will be based upon a major research paper, revised in stages. The paper will differ from most in law school because students will be asked to engage in at least one field other than law. To give students ideas about how to do this, a series of interdisciplinary readings will be assigned. These are deliberately chosen to provoke thought—and some controversy—as well as to provide examples of how various disciplines bring their insights to bear on important social problems. In addition, and certainly if the course is offered in the fall, I will ask students to either view a film involving the topics under consideration or read a novel about them. If the student wishes to depart from the list I provide, I ask that they receive permission in advance. Although I have not taught this course for some years, in the past I found that some students developed a paper topic from this summer humanities project.
During the first year of law school, successful students learn well how to solve legal (and sometimes social) problems using combinations of cases and statutes. The goal of this course is to move beyond this set of analytical tools by adding to it the wisdom from the other disciplines that help create public policy. Students should be able to better grasp laws and social policy dealing with capital, as I have defined it above. In addition, they should develop confidence about their role as generalists, capable of mastering the wealth of other, non-legal, ways of thinking about their clients’ problems.
Course Themes Discussion List Materials
Post-Conviction Remedies (70468)
(2-0-2) Mason
Examines the writ of habeas corpus and the processes by which prisoners may challenge criminal convictions and sentences on constitutional grounds. Focuses substantial attention on the procedural doctrines governing habeas litigation in federal court. Concludes with an overview of recent developments in areas such as capital sentencing, DNA and actual innocence claims, and the indefinite detention of enemy combatants.
Products Liability (70912) (spring 2012)
(3-0-3) Tidmarsh
This course examines liability of manufacturers and other for injuries allegedly caused by product design, manufacture, or inadequate warnings. Doctrines covered include negligence, strict liability, misrepresentation, and warranty, as well as causation, damages, and affirmative defenses. Basic theoretical justifications for products liability will also be considered.
Professional Responsibility (70807)
(3-0-3) Coughlin
Takes an in-depth view of certain ethical issues in the legal profession. Among the issues discussed are: confidentiality, conflict of interests, unpopular clients, lawyers’ speech and advertising, admission to and regulation of the bar, and responsibilities to some special clients. The course examines the ABA Model Rules of Professional Conduct and relevant cases. In an attempt to uncover the foundation that might be claimed to underpin the rules, a spectrum of philosophical, theological, pragmatic, and utilitarian theories are considered. The course thus deals with the application of the rules of professional responsibility to real ethical conflicts and critically examines the possibilities of the moral values reflected in the law. This course satisfies the Ethics II requirement for graduation.
Professional Responsibility (70808)
(3-0-3) Seckinger
Takes an in-depth view of ethical issues in the legal profession relating to representing clients in the practice of law. Course will focus on ethical issues pertaining to who is the client, competence, confidentiality, conflict of interests, and representing unpopular clients. The course examines the ABA Model Rules and relevant cases in an attempt to understand the rationale for the ethical principles and Model Rules. The course will deal with the application of the rules of professional responsibility to real ethical issues as they may arise in a lawyer’s life as a professional. The course will also focus on the law as a profession as opposed to a business, within the realities of paying off student loans and supporting yourself and a family
Property (60906)
(4-0-4) N. Garnett/Kelly/Nagle
The course deals with the nature of and justification for the ownership of property, including land, personal property, and intellectual property. It considers which things may be treated as property, how property is acquired, and the rights included with property ownership. Much of the course considers the ownership and use of land, covering such topics as the estates system, easements, covenants, and servitudes, zoning, the government’s eminent domain power, and takings law.
Property Theory Seminar (73524)
(2-0-2) D. Kelly
Explores several of the fundamental issues in property law: the origin and evolution of property rights, the problem of externalities, and the nature and morality of property. We will examine these issues in the context of a number of recent controversies, including competing claims to Barry Bonds’ milestone home run baseball, the assembly of land using eminent domain in Kelo v. City of New London, the use of damages to deter “patent trolls” in intellectual property law, and the reliance on emissions trading systems to regulate pollution in environmental law. Readings will include excerpts from legal scholars such as Guido Calabresi, Robert Ellickson, and Carol Rose, economists like Ronald Coase, Harold Demsetz, and Steven Shavell, and political scientists and philosophers ranging from Aristotle and John Locke to Michael Sandel and John Rawls. Students are required to participate in class discussions and write a final paper (approximately 20 pages). There are no pre-requisites for this course.
Real Estate Transactions (70111)
(3-0-3)
Introduces students to the major legal issues that arise in the sale and purchase of real estate and to the fundamentals of real estate transactions. The residen¬tial real estate transaction will be used as the founda¬tion for understanding how all real estate transactions work, from the offering contract negotiations, through financing, to the closing. Also explores issues in real estate development from both practical and policy perspectives, and examines current trends and issues in real estate such as anti-sprawl legislation, neo-tra¬ditional planning and sustainable development, and government manipulation of the market demand for real estate.
Regional Human Rights Protection Seminar (73421)
(3-0-3) Carozza
Studies the regional systems that currently exist to protect human rights in the Americas, Europe, and Africa. Compares the rights guaranteed and the procedures established to enforce them. Addresses selected topics such as the death penalty, impunity, and disappearances. Emphasizes the mechanisms for bringing a case and the remedies available. Includes discussions of a potential Asian human rights protection system. Pre-requisite: International Law (LAW 70401 or 74401)
Remedies (70203)
(3-0-3) Tidmarsh
Substantive courses (Contracts, Torts, Property, etc.) address the question of what rights will be recognized and enforced by courts. This course addresses the bottom line—what form will that enforcement take: damages for a plaintiff’s loss (whether compensatory or punitive), recovery of the defendant’s unjust enrichment (restitution), or an order to a party to do or refrain from doing something (injunction). Enforcement of remedies through attachment, contempt, and the like are also be considered, as will the use of injunctive relief in complex institutional-reform litigation.
Secured Transactions (70103)
(3-0-3) Calo
An examination of security interests in personal property under Article 9 of the Uniform Commercial Code. Topics include the creation and perfection of security interests, the rights of secured creditors against other creditors (including the trustee in bankruptcy), and the enforcement of security interests.
Securities Litigation & Enforcement Seminar (73141)
(2-0-2) Casey
Explores the various ways that securities laws are enforced to protect investors and to further the public’s interest in maintaining fair markets for the purchase and sale of securities. Considers the enforcement powers of the government, the prosecution of criminal actions for violations of the securities laws as well as the investigation and institution of civil enforcement actions by the SEC, and self-regulatory organizations such as the NYSE and NASD and by state authorities. Examines private civil litigation brought against corporations, their directors and officers, and their professional advisors for violations of the securities laws. Includes an assessment of the substantive and procedural laws governing securities class actions and Congressional efforts to reform private enforcement of the federal securities laws. Pre-requisite (or co-requisite with permission): Business Associations (LAW 70101 or 74101)
Securities Regulation (70107)
(3-0-3) Casey
Examines the federal law governing the distribution of and trading in securities. Focuses primarily on the Securities Act of 1933 and its regulation of public offerings and exemptions from such regulation, with an emphasis on transaction planning. Also covers portions of the Securities Exchange Act of 1934 dealing with securities fraud, with an emphasis on litigation. Pre-requisite (or co-requisite with permission): Business Associations (LAW 70101 or 74101)
Social, Political and Legal Thought of Thomas Aquinas (73809)
(2-0-2) Finnis
Examines the ethical and methodological founda¬tions of social theory along with a selection of topics of current interest, including limited government; law’s authority and obligation; the bases and limits of prop¬erty rights; and unconditional human rights.
Social, Political and Legal Thought of Shakespeare (73807)
(1-0-1) Finnis
Through a close study of the thought, language, and imagery of four or five Shakespeare plays (with allu¬sions to other of his works), discloses the penetrating thought of the author on conscience, legitimacy, and revolution; the rule of law; bad government; faith and politics; and related matters.
Sports Law Seminar (73907)
(3-0-3) Edmonds
This course focuses on the response of the legal system to the particular problems of the sports industry. The course will cover contractual obligations in professional sports, antitrust aspects of professional sports, regulation of agents, sports violence, labor relations and collective bargaining in professional sports, arbitration, the National Collegiate Athletic Association and the regulation of intercollegiate sports, the regulation of amateur sports, and gender equity in athletics.
Statutory Interpretation Seminar (73370)
(2-0-2) A. Barrett
Explores and critically evaluates leading contemporary approaches to statutory interpretation, paying particular attention to the constitutional and public-choice theories that drive the modern debate. Topics include purposive interpretation, dynamic statutory interpretation, textualism, canons of construction, and the use of legislative history.
Street Law (co-curricular)(75732)
(2-0-2) Robinson
Students taking this course teach portions of an American Government Course at a local high school twice a week for twelve weeks. Prior to the beginning of their teaching, and again a few weeks into their teaching, they receive some guidance on how best to teach contemporary high-school students. Towards the end of their teaching, they submit a paper that they have written on the successes and failures that they have experienced over the course of the semester in question.
Survey of Intellectual Property (70134)
(3-0-3) McKenna
This course will provide a broad-based introdction to the legal rules designed to protect inventions, creative
expressions, and indications of origin. Students will be exposed to the three most significant forms of
protection (patent, trademark, and copyright) and the basic structure of each area. Students also will engage
the prevailing justifications for the various modes of protection and analyze recurring themes, such as the trade-off between incentive to create and public access.
Taxation of Business Enterprises (70609)
(3-0-3) Mayer
Introduces the federal income tax rules for corporations, partnerships and their owners. Specific topics include the tax treatment of corporate and partnership operations, of distributions from corporations and partnerships to their owners, and of contributions by owners to new or ongoing businesses enterprises. Other topics include how to choose the appropriate tax classification for a new business, the sale of interests in a business, and the liquidation or termination of a business. Pre- or co-requisite: Federal Income Taxation (LAW 70605).
Tax Policy Seminar (70428)
(2-0-2) Kirsch
This seminar focuses on tax policy, with a particular emphasis on the federal income tax and proposed alternatives thereto. It has two goals: first, to provide students with an introduction to issues relevant to discussions of federal tax reform; and second, to develop the conceptual tools necessary to critically evaluate tax reform proposals. Each student will be expected to be prepared and to participate in discussions during each class session. In addition, each student will write a substantial research paper and lead a discussion about it near the end of the semester. Pre-requisite: Federal Income Taxation or permission of instructor.
The Lochner Era (73309)
(2-0-2) Cushman
This seminar will examine significant developments in the areas of constitutional law governing social and economic regulation in the so-called “Lochner Era,” extending roughly from 1880 to 1940. Attention will be given to restrictions on and changes in the scope of the federal powers to tax, to spend, and to regulate interstate commerce, as well as to limitations placed upon state and federal regulatory competence by the Due Process Clauses of the Fifth and Fourteenth Amendments, the Equal Protection Clause, the Tenth Amendment, and the Dormant Commerce Clause. We will seek to understand how these limitations and developments presented both obstacles and opportunities to regulatory reformers, how they constrained and shaped their legal strategies, and why they succeeded or failed in securing their regulatory objectives. Each student will be required to produce a substantial research paper on a topic chosen in consultation with the instructor.
Torts (60901)
(4-0-4) McKenna/Pojanowski/Snead/Tidmarsh
Addresses the legal rules that determine whether civil liability attaches to conduct that results in harm to others.
Trade Dress and Design Law (70136)
(3-0-3) McKenna
Course takes a cross-sectional approach to the legal protection available for various types of design, such as industrial design and architectural design.
The course differs from traditional intellectual property courses in that it approaches the legal system from a subject matter perspective rather than a particular doctrinal perspective. That is, rather than focusing on trademark law or copyright law in particular and then asking how the doctrine applies to various works, this course starts with the type of work at issue – say, the design of conveyor belt guard rails – and asks what legal protection might be available for the design, looking across doctrinal areas. This is, in many respects, a more realistic portrayal of legal practice: clients, unless they are quite sophisticated, rarely come to lawyers with an issue that announces itself as a “trademark” or a “copyright” issue. Instead, clients come to lawyers with a new product or with a product they would like to develop, and they ask the lawyer to identify the legal issues. Because design implicates a number of legal regimes, looking at design protection through any particular doctrinal area in isolation is an incomplete picture.
Trademarks and Unfair Competition (70137)
(3-0-3) McKenna
This course will provide an in-depth treatment of trademark and unfair competition law, including protection of trademarks and trade dress, federal registration of trademarks, trademark and trade dress infringement, trademark dilution, misappropriation and unfair competition, and the right of publicity. Students will develop and analyze the theories underlying protection of various types of indications and consider the implications of possible substantive changes.
Transactional Law Intensive (75111)
(2-0-2) McCaffrey
This course is designed to introduce students to the basic transactional law skill sets required and expected of junior associates practicing in the field of corporate, private equity and/or real estate law. The course will emphasize practical knowledge and skills, through a simulated joint venture negotiation between typical joint venture partners in a real estate asset purchase (i.e., a “money partner” and a “property manager”) to provide future transactional law students a basic understanding of (1) the transactional deal process, (2) the Delaware Limited Liability Company Act, (3) basic corporate drafting skills and (4) the business issues associated with a joint venture agreement. These skills will be reinforced through the (1) negotiation and drafting of a Limited Liability Company Agreement, addressing all major (non-tax) business issues, for a proposed Delaware limited liability company, (2) drafting of corporate authority (and related) documents, (3) client counseling on major business concerns and (4) review of the Delaware limited liability company act for statutory framework governing the Limited Liability Companies generally. Students teams will each have a “client” who will be a practicing attorney. The “client” will serve to present various business issues and to provide feedback on agreements being drafted by each team.
This class will be of interest to students who intend to practice as transactional attorneys. By the end of the course the students will be introduced to document drafting basic skills and be able to identify high level business issues associated with a typical joint venture.
Students must have taken Contracts and Business Associations. Federal Income Taxation is encouraged but not required. Prior experience in the field of transactional law or equivalent experience in the business arena would be beneficial but also is not required.
Transnational Corps and Human Rights (70443)
(3-0-3) Cassell
Whether in their treatment of the labor rights of employees and subcontractors, or in their relations with military and police who may commit atrocities while providing security for their operations, or by cooperating with internet restrictions imposed by nations like China, transnational corporations increasingly have an impact on human rights. The question of the extent to which human rights obligations, originally designed for governments, also bind private corporations, remains controversial. Examines how the practices of transnational corporations affect human rights, the extent to which such firms are or should be regulated by international human rights law, and alternative approaches to improving their human rights performance.
Trial Advocacy Comprehensive (75709)
(4-2-4) Grimmer/Marnocha
This course, which starts during the first week of each semester and which meets twice weekly during the course of the semester, is designed for those students who wish to see what trial lawyering is like. This course is intended to help students develop a familiarity with the techniques by which evidence of controverted facts is presented in trials. Classroom sessions in conjunction with a jury trial for each student provide an examination and analysis of trial advocacy skills. Involves workshop sessions and learning-by-doing through simulated courtroom exercises. Studies trial advocacy techniques through student participation, faculty critique, lectures, and demonstrations by practicing lawyers. The various trial advocacy skills are put together in a full trial at the end of the semester.
Trial Advocacy Intensive Workshops & Trials (75710)
(4-2-4) Conway/Gotsch/Scopelitis/Seckinger/ K. Singer/T. Singer/Swanson
This course starts nine days before the fall semester does. Working for several hours on each of those days, students learn basic litigation skills, which they will sharpen over the course of the semester. This course is designed for students whose primary career interest is litigation. It is intended to help students develop a familiarity with the techniques by which evidence of controverted facts is presented in litigation before judicial tribunals. Classroom sessions in conjunction with a jury trial for each student provide an examination and analysis of trial advocacy skills and issues of professional responsibility. Involves workshop sessions and learning-by-doing through simulated courtroom exercises. Studies trial advocacy techniques through student participation, faculty critique, lectures and demonstrations by practicing lawyers. The various trial advocacy skills are put together in a full trial that proceeds from the initial stage of client and witness interviews through a jury trial and verdict.
Trusts and Estates (70507)
(3-0-3) Kelly/Robinson
Introduces students to the fundamentals of the law governing the intergenerational transfer of wealth. Using the Uniform Probate Code as a model, surveys the law of intestacy, wills, will substitutes, and trusts. As time allows, also touches upon the law of future interests, perpetuities law, and the rudiments of estate and gift taxation. At every point, is sensitive to the ethical challenges that are inherent in the practice of this body of law.
Urban Property Law Seminar (72525)
(2-0-2) N. Garnett
Explores a number of important issues facing cities today including: legal efforts to develop more livable communities such as suburban growth controls, “anti- sprawl” initiatives, “greenbelts” and other environmental measures; laws designed to increase the availability and improve the quality of affordable housing; the regulation of private behavior in public spaces; economic development efforts; and innovative uses of property law to prevent and control crime.
White Collar Crime (70363)
(3-0-3) Gurulé
White collar crime is one of the fastest growing legal specialties in the United States, with prestigious law firms building new litigation sections devoted to the civil prosecution or defense of white collar crimes. At the same time, the prosecution and defense of white collar crime is vastly different from the prosecution and defense of street crime. The principal objective of the white collar crime course is to thoroughly cover the substantive law of white collar crime, including mail fraud, RICO, money laundering, asset forfeiture, fraud upon financial institutions, securities fraud, tax fraud, computer fraud, health care fraud, and criminal liability of corporations and corporate executives. White collar criminal cases are document cases that involve following the paper and money trail. These types of cases are often preceded by months, if not years, of grand jury investigation. The course will further examine multiple issues associated with the use of the grand jury: grand jury powers in general, grand jury secrecy, Fifth Amendment protection against self-incrimination, and prosecution of immunized witnesses. Finally, issues and problems that arise in litigating white collar crime cases will be examined through case studies of actual white collar crime cases.
CONCURRENT PROFESSORS
Several courses offered by concurrent professors outside the law school may be of interest to you for fall semester. These constitute graduate-level courses outside the law school, and are governed by the credit-hour and number of courses limitations of Hoynes Code section 4.4.4.1. Law students who want to take these courses should see the administrative assistant of the department of the course who will enter permission codes that will free you to register. The grades will count toward your grade point average on your transcript but will NOT count for dean’s honor roll and graduation honors. Additionally, note that a paper produced for outside courses may not be used to satisfy the upper-level writing requirement.
Professor Matthew Cain – Corporate Restructuring, Mergers & Acquisitions
FIN 70400 T TH from 1-2:50 or T TH 3:00 – 4:50 2 credits
This is an MBA course during the 2nd module, which runs for seven weeks from late October through December. This is a high-level finance elective which requires students to produce pro forma financial statement forecasts, conduct discounted cash flow analysis to value merger targets, and perform a leveraged buyout analysis in a private equity setting (LBO model). As such, MBA students must take two core finance classes as a prerequisite, but this can be waived if you have a business undergrad degree.
This course’s objective is to facilitate understanding of corporate merger and acquisition activity, restructurings and corporate governance. We look at the motives for transactions, the sources of value added, the valuation of mergers, and managerial incentives to engage in or resist these activities. While shareholders ultimately measure M&A success with returns, many other stakeholders are involved in mergers, and the class examines the ethical imperatives (which are not always legal imperatives) to consider how M&A activity impacts employees and communities. Through lectures and discussions, we look at case studies and news articles to illustrate how financial theory can be applied in actual business settings. In one case discussion, we evaluate the course of action taken by a CEO who encourages his board of directors to breach their fiduciary duty to shareholders by resisting an attractive buyout offer in favor of lower-valued objectives. We also look at differences across state laws that either encourage or ban directors from considering a merger’s social impact.
Professor Jean Porter – Theories of Justice
THEO 83649 W from 1-3:30 3 credits
Since the publication of John Rawls’ Theory of Justice almost half a century ago, philosophical work on justice has enjoyed something of a renaissance among Anglophone philosophers. Theologians have drawn on and contributed to ongoing debates over justice, but much of this material remains relatively unknown in theological circles. In this seminar, we will read through key contributions to contemporary debates over justice, focusing especially on philosophical works while considering them from our distinctive standpoint as theological ethicists. Authors to be read will include Rawls, Walzer, Raz, Sen, and Shklar. Course requirements will include one or two seminar presentations and a final paper.
Professor Michael Zuckert – The Constitutional Convention
POLS 61001 T Th 3:30 – 4:45 3 credits
The Constitutional Convention: This course will focus on the American constitutional convention of 1787 with an eye to understanding the constitution proposed by the convention and the political process that produced it. The main reading will be James Madison’s notes on the convention debates. We will also experiment with a new simulation role playing game of the convention, and read some of the important secondary literature on the convention.
