The following 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. Students should consult the Hoynes Code to determine course and credit hour requirements for graduation. (For students entering in fall 2016 or later, the American Bar Association requires students to complete six credit hours of experiential courses before graduation.)
Credit hours for 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.
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Accountability for Gross Violation of Human Rights (70409)
(3) Douglass 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.
Accounting for Lawyers (70100)
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)
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 Lawyering Techniques (75722)
This course covers advocacy, legal writing, rhetoric for use in oral and written argument, memory technique, examination technique, statute mapping and evidence analysis. This is a general skills course which is not dependent on any substantive area of law. It is examined by continuous assessment covering class attendance, short in-class tests, and assignments.
Advanced Legal Research (EXP) (70207)
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 Legal Research: State, County, Municipal (EXP) (70210)
This seminar-sized course will focus on the active development of research skills during class time. Class sessions will be split between discussion of resources and processes related to the week’s topic (e.g., municipal government) and the practical application of those resources and processes to solve legal research problems. Meeting only once a week, with much of the work done in class, active participation will account for a substantial portion of each student’s grade. A short presentation on an aspect of Indiana state, county, or municipal law, will take the place of a final exam. This course will be especially useful for students who expect their legal practice to encompass a wide variety of areas of law. Although this class will use Indiana as a common framework, the elements of local and state-level legal research are transferable. Consequently, students who take this course will be well prepared to employ their research skills in other jurisdictions.
Advanced Topics in Corporate Law Seminar (73125)
(2) Julian 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 Workplace Law (73353)
(2) Barbara J. 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.
Alternative Dispute Resolution (EXP) (75717)
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.
Antitrust Law (70117)
(3) Avishalom 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.
Appalachia Externship (EXP) (75800)
(1) Robert 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.
Appellate Advocacy Seminar (EXP) (73314)
(3) , Stephen 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.
Applied Mediation (EXP) (70726)
(5) Michael 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 (EXP) (70728)
(V) Michael 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.
Banking Law & Financial Institutions (70114)
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.
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) Avishalom 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)
(3) John 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) O. Carter 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)
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 Associations (LONDON) (74101)
Studies American agency, partnership and corporate law. The first part of the course explores what makes a business entity a corporation, but includes consideration of other business forms such as sole proprietorships and partnerships. The second part of the course addresses the operation of the corporation, and considers internal and external forms of control and regulation. Both parts of the course emphasize the substantive law as well as compliance with statutory formalities such as are contained in the Delaware Corporation Code.
Business Basics for Attorneys (70124)
This course, designed for students with no business training or experience, explores the application of basic concepts and analytical methods from the business profession and the social sciences to the practice of law. The course introduces decision analysis, game theory, accounting, finance, economics, and statistics to prepare students for legal practice. These topics offer especially important and useful tools to lawyers; failure either to recognize an opportunity to use a concept or method or to question an improper application can adversely affect a client’s interests. The course seeks to apply such concepts and 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 a basic concept or analytical method might apply to a legal situation and to understand generally how to use that concept or method effectively. The course includes a final examination. Students who have majored, minored, or earned advanced degrees in business, including accounting, finance, management, and marketing, or economics must obtain the permission of the instructor to enroll in the course.
Carriage of Goods by Sea (LONDON) (74453)
This course looks at the carriage of goods in international trade. We live in a world in which the transportation of goods is a fundamental part of both international and domestic business, and litigation in respect of these carriage disputes is inevitable. The course is based on English Law, with comparisons made with practice under other jurisdictions where appropriate. English law is frequently chosen to govern shipping contracts, the common law nature of English law allowing for judicial “creativity.” We see, therefore, the development of this area of contract law, which aims to meet the needs of those involved with the international shipment of goods. The course predominately covers contacts for the carriage of goods by sea and charterparties, as most goods are shipped by this mode of transport, although carriage by air and land is introduced. The course also considers difficulties that arise when goods are the subject of a multimodal contract of carriage, and problems that arise when carriage contracts are negotiated by freight forwarders. The combination of the intellectual rigors of the law and trade realities make this a rewarding subject.
Catholic Social Thought & The Law (70835)
(2) Calo, Moreland
Introduces students to the major documents that comprise the Catholic Church’s social teachings. The documents will serve as a basis for a broader discussion of whether the social teaching has anything relevant to say about current trends in American law. Considers: whether lawyers of faith are obliged to move the law in a direction that comports with their core religious values and how that can be done in a pluralistic society; whether Catholic social teaching offers ideas and values that might find broad-based acceptance; and what happens if a lawyer determines that the profession and/or the society are hostile to the values presented in the social teaching.
Civil Procedure (60308)
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)
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.
Commercial Real Estate Finance (75113)
Students in the course analyze cases, problems and legal forms related to the finance and development of large commercial real estate projects. About one-third of the course is devoted to the transactions that make up the typical construction and post-construction financing package for the development of a shopping center or office building. The first few weeks focus on the stages of the lending process and the terms, conditions and legal doctrines related to the issuance of permanent financing upon the project’s completion. The next weeks concentrate on the terms of the permanent mortgage and note as anticipated by the postconstruction loan commitment signed by the permanent lender and the project developer. In the following weeks, students examine the construction loan documents and any agreement that reconciled those documents with the arrangement between the permanent lender and the developer. Focuses on the operation of finished commercial real estate projects and the business and legal reasons for aggressive leveraging in commercial real estate development. Students look at the form of the project ownership entity, various aspects of leasing to commercial tenants, as well as commercial foreclosure, workout and bankruptcy issues. The course begins its conclusion by studying the economic and tax law factors that lead real estate developers to be ever-more aggressive in leveraging their equity interest in the project. Concentrates on secondary financing mechanisms with a special emphasis on the financing of the acquisition of raw land through subordinated purchase-money mortgages or ground leases. The last weeks are available for exploration of real estate securitization vehicles such as CMBS, REITs and REMICs as well as special topics including the commercial development and financing of residential properties. Stephen A. Studer, a partner at Krieg DeVault and a member of the firm’s Real Estate and Environmental, Business, and Health Care Practice Groups, joins us to teach Commercial Real Estate Finance. He received his A.B. degree from the University of Notre Dame and his JD from Loyola University Chicago School of Law.
Community Development Clinic I (EXP) (75721)
This 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. Pre- or co-requisite: Law 70101 or 74101
Community Development Clinic II (EXP) (75723)
Variable credit and letter-graded course open to students who have satisfactorily completed Clinic I. Clinic II allows students to progress to more advanced lawyering skills. Enrollment is by permission of the instructor.
Comparative Constitutional Law (73449)
(2-3) Paolo G. Carozza
This seminar situates the subject of comparative constitutional law in a broader framework of comparative legal traditions, starting with a discussion of the aims and methods of comparative law, then proceeding to constitutional history and theory, and considering the idea of "constitutional identity." From there we will discuss both structural topics such as federalism, separation of powers, and judicial review, as well as selected fundamental rights. Examples and topics will be drawn from a variety of different constitutional systems. A research paper will be required, as well as regular participation in weekly class meetings.
Comparative Law (70406)
(Linked from London) The course will meet from 17.15-19.25 three times a week during four weeks (Tues/Wed/Thurs 18/19/20, 25/26/27 March; 1/2/3, 8/9/10 April). On the last meeting of April 10 the exam will take place. The required reading materials that will be included in the syllabus will cover the totality of the topics to be examined. The students will be expected to read one required material (typically, a short article or a case) for each one of the seminars. Other than that, the syllabus will include further, optional readings.
Comparative Law (LONDON) (74407)
Analyzes comparatively: legal concepts; law-making and law-finding in civil law and in common law; the purposes and functions of the comparative method; the history, methods and uses of comparative law; the legal families of the world; and the spirit and style of various legal systems.
Comparative Legal Traditions (70407)
This course will examine the religious and philosophical foundations of the world’s major legal traditions: Civil, Common, Catholic, Jewish, Christian, Muslim, Hindu, and Confucian. We will study how these traditions come to be codified and how they transmit related values, concepts and institutions over the centuries. We will also explore what happens when these legal traditions encounter each other, including points of tension and possibilities for co-existence.
Comparative Misleading Advertising (73910)
The seminar introduces students to the most important rules and relevant case law in the field of false and misleading advertising an area of law at the crossroads of competition law and consumer protection. The problems will be analyzed at a global level, comparing the legal approaches of the U.S., the EU and some of its Member States. The course will give an overview of the most important concepts of EU law, economic theories and also the moral foundations of the laws. We will analyze in some more detail the European directive on unfair commercial practices that harmonized national legislation all over Europe. Topics to be addressed include misleading omissions in the telecoms sector, health claims, comparative advertising. We will conclude by evaluating which institutional background and which type of sanction provides the most effective way of enforcement.
Complex Civil Litigation (70316)
(3) Jay Tidmarsh
Examines the theoretical and practical problems posed by large-scale civil litigation. Subjects covered include: class actions, multidistrict litigation, and other aggregation strategies; jurisdiction; choice of law; case-management techniques; trial; and remedies.
Conflict of Laws (70371)
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)
(2) Stephen 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)
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)
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)
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).
Constitution Interpretation: Originalism and History (73302)
This class will focus on “the history of originalism” in two different senses of that phase. First, it will explore the history of the Supreme Court’s efforts to resolve some of its cases by reference to the original meaning of the Constitution, from the Court’s initial review of the constitutionality of a federal tax statute in 1796 to 21st century cases about legislative prayer and gun control. Second, it will examine how the justices have identified and employed various types of historical evidence to reach those decisions. In reviewing these historical issues, we will have the opportunity to reflect on two significant questions: Where should we look for a provision’s original meaning, and is it really possible to find it? If we do find it, what role should it play in constitutional decision-making?
Contract Drafting (EXP) (75701)
The aim of this course is to enable students to become informed producers and consumers of contract language. By the end of the course, students will have learned the following: how to concisely articulate deal points in a contract in a way that addresses the issues and avoids confusion; the shortcomings of traditional contract language; what information to include in the front and back of a contract, and what information to omit; how to spot issues when turning deal points into a contract; how to spot issues when reviewing a draft contract prepared by the other side to a transaction; the function and dysfunction of “boilerplate” provisions; the shortcomings of the traditional copy-and-paste contract process, and how document assembly works; and the role of inertia in how contracts are drafted, and the prospects for change. The focus of this course is not what to say in a contract, but how to say clearly and effectively whatever you want to say. This course would provide a valuable foundation for transactional work, whatever the specialty, and would also be useful preparation for anyone who expects to litigate contract disputes.
Presents a comprehensive study of the creation, transfer, and termination of contract rights and duties.
Copyright Law (70128)
An introduction to U.S. and international copyright protections. Topics include: nature of copyright and justifications for protection, procedures for obtaining and enforcing copyrights, ownership and transfer of rights, scope of rights of copyright owners, and implications for emerging technologies.
Corporate Compliance & Ethics (73127)
(V) Veronica Root
Corporate Compliance has increased in importance over the past decade. Private firms are responsible for ensuring that their employees and members are complying with legal and regulatory requirements. Yet this can be a tricky objective to achieve in a regulatory environment that is in a constant state of change. Moreover, there are many areas of the law where the “right” course of conduct is less than clear. Issues of compliance are not black and white; they are an intense shade of gray. Thus, organizations must find mechanisms to develop “cultures of compliance.” They must both train their employees on what their obligations are under the law and develop a culture that promotes ethical awareness and decision-making. Unfortunately this last insight, the idea of encouraging a strong culture of ethicality, is often lost in discussions of compliance. This course will study both issues in tandem and has four objectives. First, develop an understanding of the field of Corporate Compliance and the types of issues that lawyers are responsible for overseeing. Second, obtain an understanding of the applicability, and limitations, of the Model Rules of Professional Conduct within the context of the field of Corporate Compliance. Third, establish a strong foundation in insights from behavioral ethics literature and traditional legal ethics. Fourth, draft persuasive arguments regarding the strengths and weaknesses of the compliance efforts undertaken by the organizations studied during the course. Students may take the course for two or three credits. For two credits, participation will account for 20% of students’ grades and students will be required to write four, 2,500 word response papers with each worth 20% of the students’ grades. For three credits, participation will account for 20% of the students' grades and students will be required to write (i) four, 2,500 word response papers with each worth 12.5% of the students' grades and (ii) one 5,000 word paper discussing the Model Rules of Professional Conduct within the context of compliance issues discussed throughout the course. Students who take the three credit option will satisfy the Professional Responsibility requirement. Please note: Business Associations is a pre- or co-requisite for this course.
Corporate Counsel Externship (EXP) (70720)
The Corporate Counsel Externship course allows students to perform 8-12 hours of legal work per week in in an in-house corporate counsel office while participating in a companion weekly seminar. Placements include private sector, non-profit, and governmental corporate counsel. Students earn three credits (two of which are fieldwork credits) for an eight hour weekly field placement or four credits (three of which are fieldwork credits) for a 12 hour weekly field placement. Placements must involve substantial legal work under the careful supervision of an attorney. Placements are typically in the Michiana area, but students are free to choose placements in other regional cities including Chicago and Indianapolis. All placements must be approved by the instructor and must be finalized before a student may enroll in the course.
Corporate Counsel Externship Fieldwork (EXP) (75720)
The Corporate Counsel Externship course allows students to perform 8-12 hours of legal work per week in in an in-house corporate counsel office while participating in a companion weekly seminar. Placements include private sector, non-profit, and governmental corporate counsel. Students earn three credits (two of which are fieldwork credits) for an eight hour weekly field placement or four credits (three of which are fieldwork credits) for a 12 hour weekly field placement. Placements must involve substantial legal work under the careful supervision of an attorney. Placements are typically in the Michiana area, but students are free to choose placements in other regional cities including Chicago and Indianapolis. All placements must be approved by the instructor and must be finalized before a student may enroll in the course.
Corporate Finance (70123)
(3) Stefania Fusco
This course examines financial theories and legal doctrines relating to the publicly-held corporation including problems of valuation, financing options, capital structure, and dividend policy.
Corporate Governance: Econ Analysis Seminar (73126)
(2) Avishalom 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 (70116)
(formerly Business Reorganizations in Bankruptcy) 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.
Courtroom Evidence/ Trial Skills (EXP) (75716)
(2) Joel Williams
The course is intended to instruct students in the application of the Federal Rules of Evidence to real world evidentiary issues arising during a trial. Students will analyze a case problem consisting of witness testimony, documentary and demonstrative evidence and expert witness qualifications to identify and anticipate possible objections at trial. Students will learn how to properly raise and respond to objections in bench and jury trials and how to effectively incorporate the Federal Rules of Evidence during arguments in support of and in opposition to evidence objections. The course will also analyze the effectiveness of motions in limine and strategy during trial governing if, and when, to raise evidence objections. The course will be primarily of interest to students who intend to practice as trial lawyers. The case problem may be civil or criminal, but the evidence problems presented in the case problem will prepare students to present arguments on evidentiary issues effectively in any courtroom proceeding; whether state or federal, civil or criminal. The course will be graded on s/u basis.
Criminal and Forensic Evidence (70205)
(3) Jimmy 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 Law (60302)
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.
Criminal Process (75110)
(2) Stephen Cribari
Criminal Process, sometimes called ‘Bail to Jail,’ is a semester-long simulation course that covers criminal procedure after judicial proceedings commence; it complements the course in Criminal Procedure, which focuses on issues related to the investigative stage of a criminal proceeding (e.g., search and seizure issues under the fourth amendment, right to remain silent under the fifth amendment; right to counsel under the sixth amendment). Criminal Process includes the following topics: effective assistance of counsel during the trial and appellate process; bail and pretrial release hearings; preliminary hearings; grand jury review; joinder and severance; speedy trial; discovery; guilty pleas; prejudicial publicity; suppression of confessions; sentencing, double jeopardy and appeals. Criminal Procedure and Evidence are not prerequisites.
Cyber Crime Law (73134)
(2) John Maciejczyk
This course examines the unique aspects of internet/computer or “cyber” crime. It surveys federal statutes pertaining to computer and internet related crimes and their application, sentencing issues, and first amendment and fourth amendment issues that arise in this context. The instructor will also cover practical aspects of computer crime investigation and prosecution and current computer forensic examination capabilities throughout the course.
Deposition Skills (EXP) (75715)
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.
Design Law (EXP) (70136)
(4) Mark McKenna
This course focuses on the legal protection of design, focusing primarily on industrial design. Because design implicates a number of different intellectual property regimes (utility patent, design patent, trademark, and copyright), the class takes a cross-sectional approach. That is, rather than focusing on a particular form of intellectual property protection and considering its application to different types of subject-matter, this course takes subject-matter (design) as the input and considers how each area of intellectual property might apply and the potential tradeoffs involved in pursuing different forms of protection. Students will work in groups with students in the Industrial Design department, whose thesis projects will serve as hypothetical client matters for each group. Grading will be based on client letters that each student will write to their Industrial Design "client" and live presentations of recommendations. This is a skills course. Pre-req: Law 70909.
Directed Readings (76101)
Allows independent research under the supervision of one faculty member. Letter grading system.
Directed Readings (76103)
Allows independent research under the supervision of one faculty member. Satisfactory/Unsatisfactory grading system.
Drug & Medical Device Law (70918)
The last decade has seen a dramatic increase in the focus on, and relevance of, drug and medical device companies. As such, regulatory, compliance, and litigation issues have become paramount for these companies. This is a course with significant relevance for those who want to practice in this world—whether in a government capacity regulating these companies, prosecuting them in private and/or government settings, or defending these companies’ interests in myriad ways. In addition, those with medical or engineering backgrounds looking for an interesting elective should find this class most interesting! We will explore the major areas in which newer attorneys are having (and can have) immediate impact in the drug and medical device world. In this way, a primary goal will be arming the student with the know-how in order to be knowledgeable and conversant with potential interviewers. You should come out of this Course understanding, analyzing, and being conversant on rudimentary regulatory, compliance, and litigation issues in various drug and medical device settings, as well as policy considerations from all perspectives, which should hopefully make you an attractive commodity for a future employer. Administrative Law is a pre-requisite or co-requisite course. Law of Medical Malpractice, Insurance Law, and Personal Injury Litigation are also recommended, but not required, courses.
Economic Justice Clinic I (EXP) (75721)
(5) Judith Fox
This 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. Pre- or co-requisite: Professional Responsibility (LAW 70807 or LAW 70808)
Economic Justice Clinic II (EXP) (70840)
(V) Judith Fox
Variable credit and letter-graded course open to students who have satisfactorily completed Clinic I. Clinic II allows students to progress to more advanced lawyering skills. Enrollment is by permission of the instructor.
Economic, Social and Cultural Rights (70840)
(3) Barbara J. 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).
Election Law (70369)
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 campaign 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)
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) Barbara J. 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) Bruce 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.
English Legal History (LONDON) (74836)
This course looks at three main developments: (1)Common Law. The rise of private law through the writ system and the centralisation of justice by the Angevin kings. The protection of land by writs of right and the possessory assizes and the development of other actions as offshoots from this via Trespass and Actions upon the Case. The common law courts at Westminster and the development of Equity. The growth of a legal profession, a professional judiciary and legal literature. (2)Public Law.The King as Head of state and the making of law with his council, the Curia Regis. The development of Parliament and the growth of the Commons. The Council in Tudor times and conciliar courts such as Star Chamber. Change and reaction in Stuart times. The English Civil War, the Glorious Revolution and the development of democratic institutions and universal franchise.(3)Criminal Law. How criminal law developed from a personal wrong into a breach of the King’s Peace. The development in the middle ages from a system based on providence to one where man judged the actions of others. Conflict with the Church and clerical privilege. Specific offences, the burden of proof and the maintenance of order. Political opposition as treason and sedition and Tudor developments. The uses of punishment as vehicles of social control. Protection of property, especially in the eighteenth century. The reforming initiatives of the nineteenth century.
English Legal System (LONDON) (74451)
Introduces the basic elements of the modern English legal system. Examines and analyzes: the source and the importance of English law; the court structure and the people involved in it; civil and criminal procedure; alternatives to the court; and access to justice.
Entertainment Law: Authors, Music & Artists (73905)
(2) Barry Irwin
This course provides an overview of the legal issues commonly faced by authors, musicians, and visual artists. We will focus on the representation of authors, musicians and artists as the basis for our analysis, although we will also discuss the competing interests of the people that contract with authors and artists. This class will be of particular interest to students who hope to practice as entertainment lawyers. However, the plight of the struggling artist is well known, and entertainment law is an area well suited for pro bono work. With this course, regardless of your practice area, you will be well equipped to volunteer at one of the many creative artist pro bono organizations across the country with confidence that you can handle most of the issues that will arise.
Environmental Law (70349)
(3) John 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.
Environmental Law & Development (73346)
(2) Daniel Cory Cory
This course will explore how environmental interests are balanced in the context of economic development, with a specific focus on the redevelopment of former industrial sites (“Brownfields”). We will engage in an overview of environmental laws that may impact development including the Endangered Species Act, Clean Air Act, Clean Water Act, and CERCLA. We will then undertake a case study of a local brownfield project—the former Studebaker Corporation automotive factory site in downtown South Bend—to explore various legal facets of brownfield redevelopment including environmental counseling, transactional law and litigation. The course will also provide the opportunity for students to develop practical legal skills and strategies in the environmental context including reading and interpreting environmental reports, drafting pleadings and conducting fact and expert discovery. Lastly we will consider the impact of environmental justice, smart growth and sustainability considerations on current and future development efforts.
Estate and Gift Taxation (70607)
(3) Michael Kirsch
Examines the federal wealth transfer tax system. Focuses on the estate and gift taxes that apply to transfers 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 of Criminal Justice Advocacy (70803)
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)
European Employment Law (LONDON) (74408)
This course has three parts. In the first part, we will look at European Labor Law. In doing that, we will consider the relevant treaty provisions and the relevant provisions of European Directives relating to Equality, Working Conditions, Employee Rights on Restructuring Enterprises and Worker Representation. In the second part, we will examine aspects of Private International Law relating to Labor Law, including the Brussels Regulations and the Rome Convention on Applicable Law. In the third part, we will consider international labor standards and the work of the International Labor Organization.
European Union Law (70459)
(London) This course introduces students to the legal system of the European Union (EU). Constitutional, administrative and trade law of the EU are all covered. The topics which will be discussed in this course include the political and economic origins of the EU, its institutional structures (with emphasis on the Court of Justice of the European Union), the Treaties, the interrelationship between Union Law and the laws of the twenty seven member States, the ?four freedoms,? and the development of a shared EU set of human rights. The course will concentrate on the transnational protection of economic and social rights and on the jurisprudence of the Court of Justice, with a special regard for the historical development of EU law and for its contemporary understanding in the light of the international economic crisis. The recent fiscal reforms that were taken by EU members will also be considered
European Union Law (LONDON) (74459)
(3) Horspool and Humphreys
This course introduces students to the legal system of the European Union (EU) and the substantive law of the internal market. Constitutional, administrative, commercial and trade law of the EU are all covered. The topics which will be discussed in this course include the political and economic origins of the EU, its institutional structures (with emphasis on the Court of Justice of the European Union), the Treaties, the interrelationship between Union Law and the laws of the twenty seven member States, and the four freedoms: the free movement of goods, workers, capital and services. The course will concentrate on the transnational protection of economic and social rights, the jurisprudence of the Court of Justice and the particular contribution made by the Court in the development of the four freedoms. There will also be a brief examination of other subjects that are intertwined with the market and European Union policy: competition law, environmental protection, discrimination, and external relations.
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.
Evidence (LONDON) (74201)
Studies the American system of rules and standards that regulates the admission at trial of proof to establish controverted facts. Considers the traditional rules at length, and examines the U.S. Federal Rules of Evidence in this context.
Expert Witnesses: Selection, Retention and Presentation (EXP) (75713)
Expert witnesses are commonly deployed in both criminal and civil litigation; beginning lawyers will be expected to assist in locating potential experts, working with the experts to develop their opinions in accordance with the applicable rules, defend and prosecute Daubert challenges, and prepare expert testimony for trial. This course will expose law students to (1) the substantive law they will be expected to know that affects expert testimony and its admissibility – F.R.Civ.P. 26; Daubert v. Merrell Dow Pharmaceuticals, Kumho Tire Co. v. Carmichael, and their progeny; (2) the substantive law and practical issues involved in identifying, retaining, and communicating with experts; (3) the substantive law and practical considerations of whether to depose adverse experts; (4) the practical skills necessary to prosecute or defend expert depositions and Daubert motions; (5) the practical skills necessary to effectively present and oppose expert testimony, including the creation and use of demonstrative exhibits; and (6) the practical skills necessary to tie it all together in a trial.
Family Law (70503)
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)
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 Criminal Law (70362)
(3) Stephen Cribari
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)
Taught by a former federal prosecutor and present white-collar defense attorney, and a former state and federal prosecutor and present U.S. District Court Judge, this course focuses on strategic thinking and structural case planning in federal criminal litigation, as well as topical and ethical issues facing federal-criminal practitioners today. In particular, the course focuses on critical substantive issues in federal criminal law, and 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 instructors will present issues that the government, corporate counsel, and criminal-defense counsel face, such as the propriety of various undercover techniques, charging considerations, and decision regarding the joint representation of targets and relating to joint-defense agreements, and strategies regarding plea negotiations. This course also includes real-world case studies, and federal court observation and videotaped student presentations and discussion, based upon a pending case in Chicago, Illinois.
Federal Income Taxation (70605)
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.
Federal Indian Law (70280)
This course examines federal policies toward Native Americans since the early 1800’s and the implications of those policies on Native Americans today. Specific topics to be covered include the sovereignty of Indian Nations, federal trust responsibilities, equal protection issues, criminal, civil and regulatory jurisdiction, protection of religious practices and sacred sites, gaming, Indian land rights and environmental issues. A key goal of the course is to gain an understanding of the unique rules and procedures that apply when representing Indians or representing non-Indians and Governmental agencies in dealing with Indian Country.
Federalism Seminar (73372)
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.
Foreign Corrupt Practices Act (73403)
(2) John Ross, Rice
Studies the anti-bribery Foreign Corrupt Practices Act (FCPA) from the standpoint of a practitioner advising a U.S. client engaging in a business opportunity overseas. Topics to be addressed include: the FCPA’s legislative history; the current state, and possible future trends, of FCPA enforcement by the Department of Justice and the Securities and Exchange Commission; compliance, due diligence, and mitigation strategies; and other laws that might be relevant to U.S. clients operating overseas such as the UK Bribery Act, the Travel Act, and anti-money laundering, fraud, and commercial bribery laws. Grading for the class will be based on class participation and on the writing and presentation of a research paper that may, with prior approval, be used to satisfy the Upper Level Writing Requirement. There are no pre or co-requisites for this course, other than the basic required course in Criminal Law. Class size is limited to 15 students.
Foundations of International Human Rights Law (70417)
(3) Paolo G. Carozza
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.
Freedom of Religion (70304)
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)
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) Robert 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. (co-curricular)
Gender Issues & International Law Seminar (73320)
(3) Christine 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 Law (70914)
(3) O. Carter Snead
We will examine 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.
History and Theory of Intellectual Property (LONDON) (74130)
Intellectual property is a relatively new area of law—humans created, invented, and branded long before the advent of copyright, patents and trademarks. This course considers both the history and development of intellectual property law, with a particular focus on Britain and the United States, and the theories posed to justify its existence. Students will read and discuss classic works of intellectual property scholarship alongside more recent work on IP history and theory in order to better understand the origins of modern day legal regimes and analyze the coherence and legitimacy of contemporary law.
Human Rights Honors Paper (88701)
(1) Roger P. Alford
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) Sean 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.
Human Trafficking (70410)
(3) Alexandra Levy
In 2000, Congress passed the first comprehensive anti-human trafficking legislation in the U.S. On grounds that “[e]xisting legislation and law enforcement in the United States and other countries are inadequate to deter trafficking and bring traffickers to justice,” Congress crafted the Victims of Trafficking and Violence Protection Act (TVPA) as a consolidation of, and supplement to, centuries of regulations surrounding the purchase, sale, and exploitation of people. Before 2000, confronting what we now call human trafficking required a resourceful application of wide-ranging laws, including everything from labor regulations to international treaties to “anti-immorality” provisions. The 2000 Act created a unified mechanism for protecting and compensating victims of human trafficking.
This class explores the impact of a new tool on an ancient problem. We will begin by investigating some basic aspects of human trafficking – what it is, who it impacts, why it is problematic, and how it appears in different economic and social contexts. Using modern legislation as our guidepost, we will investigate two essential components of human trafficking: transportation and exploitation. We will then evaluate legal frameworks that were – and, to a great extent, still are – used to address these problems, both domestically and internationally. The second half of the class will focus on the Victims of Trafficking and Violence Protection Act and its progeny. We will identify characteristics of modern trafficking victims and examine ways in which modern laws aim to protect them. Through a diligent look into the logistics of criminal and civil causes of action, we will evaluate litigation strategies and discuss particular challenges that arise in trafficking cases. We will end with an overview of other legal changes that have shaped the worldwide fight against human trafficking.
The goal of this class is to leave students with an understanding of historical and contemporary issues in the fight against human trafficking, and to familiarize them with the process of holding traffickers accountable in criminal and civil courts.
Immigration Law (70301)
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.
Inequality, Efficiency, and the Corporation (73115)
(2) Saura Masconale
The course is divided in two major blocks. The first block will examine the dynamics that drive growth, the long-term evolution of inequality, and the concentration of wealth. The second block will examine the role of the corporate form in addressing the increased inequality. The course will be based on cross-country analysis with a special emphasis on the United States. Topics will include: (i) neoclassical, Keynesian, and Neo-Ricardian models of production and growth; (ii) market incompleteness and failures; (iii) patterns of growth and inequality in the US and OECD countries; (iv) inequality, the welfare state, and taxation; (v) growth, inequality, and corporatism; (vi) communitarians and contractarians theories of the corporate form; (vii) corporate social responsibility. Pre-requisite (or co-requisite): Business Association.
Information Privacy Law (73132)
(2) Mark McKenna
The law of information privacy has profound implications for the media, law enforcement agencies, health care providers, online sellers, and beyond. It also helps to define citizens’ interactions with each other, especially in the modern technological age. In this seminar, we will examine the law of information privacy across these and other domains. We will study the legal rules and frameworks for privacy protection, and we will explore the themes and tensions that arise as the law attempts to balance privacy against a host of other values. Course requirements include regular participation and two analytical papers.
Information Technology Law (70132)
(2) Timothy 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.
Intellectual Property Law Clinic I (EXP) (75724)
(5) Joanne 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 Law Clinic II (EXP) (75728)
(V) Joanne Clifford
Variable credit and letter-graded course open to students who have satisfactorily completed Clinic I. Clinic II allows students to progress to more advanced lawyering skills. Enrollment is by permission of the instructor.
Intellectual Property Licensing (EXP) (70907)
(3) Joanne Clifford
The course focuses on the law and application of intellectual property licensing. Topics include common license provisions, drafting of licenses, and issues specific to licensing of various types of intellectual property (i.e., patent, trademark, copyright, trade secret, and right of publicity). The course will also examine industry specific issues in software, information and database licensing, university intellectual property transfers, and government contracts. In addition to analyzing and discussing substantive case law, class work will require students to draft or revise license provisions on a weekly basis. Pre-req: Law 70134 or 70137 or 70909 or 70128.
Intellectual Property Survey (70134)
Provides an overview of U.S. intellectual property laws, including topics related to patents, trade secrets, copyright, 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. May not be taken by students who have taken (or are taking concurrently) Patent Law (70909), Copyright Law (70128), or Trademarks and Unfair Competition (70137), except by permission of the instructor.
Intercollegiate Athletics Externship (EXP) (75908)
(2) Ed 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) Barbara J. 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 Arbitration (LONDON) (74435)
This course will introduce international commercial and investor-State arbitration. Arbitration is one of the oldest forms of dispute resolution, but it has grown in importance along with the spread of globalisation. It is now the most favoured form of international dispute resolution. During this course, we will consider why arbitration works so well to resolve international disputes. We will study the complex legal framework within which international commercial and investor-State arbitrations take place. We will also study some of the treaties that support that framework, including the New York Convention of 1958, which imposes an obligation on national courts around the world to recognize and enforce international arbitration agreements and awards. We will also study the procedural aspects of international arbitration, which are characterized by neutrality, confidentiality, party autonomy and flexibility. These characteristics, along with the enforceability of arbitral awards, are the keys to international arbitration’s popularity and success.
International Business Transactions (70437)
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) Roger P. Alford
International Commercial Arbitration: 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) Jimmy 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)
This course introduces students to the law and practice of resolving the range of international disputes from international contract negotiation to inter-state litigation on the use of force. We will look at negotiation, mediation, fact-finding, conciliation, arbitration and judicial settlement. Our emphasis will be on how these mechanisms operate in contemporary disputes and on how the law governs their use. We will also consider the skills involved with employing each method, inviting practitioners to our discussions to share their expertise.
Reading assignments are from MARY ELLEN O’CONNELL, INTERNATIONAL DISPUTE RESOLUTION (Carolina Academic Press, 2d ed. 2012). We will work throughout the course toward a capstone project involving the Syrian civil war. The final grade will be based on regular class participation and participation in the simulation (30%), a position paper prepared for the simulation (30%), and a two-hour take-home exam scheduled for any day during exam week (40%).
This course has no pre-requisites. It includes a basic introduction to international law generally. The course is designed to include law students in London by video-link from Notre Dame as well as peace studies students.
International Environmental Law (70431)
(2) Dr. van Zeben
Environmental regulation has expanded from a domestic phenomenon to one that has both global impacts and global participants. In this course, we will determine when the international community is likely to act with respect to environmental problems, what legal processes it uses to address these problems, and how to assess the success of these regulatory interventions. In addition to discussing the status quo of international environmental law [IEL], we will also consider how this state of affairs came to be and what alternate policy options exist for handling these problems. Finally, we will aim to identify the most significant challenges for IEL in the coming fifty years and critically assess IEL’s ability to confront these challenges.
International Environmental Law (LONDON) (74331)
This course examines the role of international law in the protection of the earth’s environment. It views the international organizations that develop environmental laws and policy, and the roles, rights, and obligations of states in enacting and enforcing those laws. Environmental issues covered include environmental disasters, transboundary air pollution, climate change, marine pollution, hazardous waste, the law of war and environmental protection, freshwater resources, biodiversity and wildlife conservation, protection of habitat, and how international disputes in these areas are settled.
International Human Rights (LONDON) (74417)
International Human Rights Law is a survey course which includes a description of the international and regional instruments and institutions and their mechanisms and remedies, followed by consideration of substantive rights and their interpretations by those bodies. The relationship between international and national standards is also considered. Students are expected to participate in classes and to be aware of current developments and issues concerning human rights. Use of online resources is encouraged.
International Human Rights Research and Writing (70413)
(2) Sean 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
International Intellectual Property (70439)
(3) Stefania Fusco
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) Luigi Crema
The immediate images evoked by the expression “international law” today are those of United Nations assemblies, opposition to wars (or a skeptical observation of the “lack thereof”), and promotion of peace and human rights. However, “international law” today is a label that covers a much broader spectrum of legal realities, that often have not yet captured the public imagination. International law, in fact, encompasses many topics, which are all fundamental to understanding contemporary society: the simple term “international law” can, to a trained ear, sound as broad and generic as a class on “American Law”. Protection of the environment; facilitation of global trade; remedies for human rights violations; diplomatic rights; self-determination of peoples; accountability of corporations in business transactions; bank standards; law of the sea; and double-taxation issues are just a few examples of areas regulated by international treaties, institutions, and courts. Not only governments, but also consulting firms in New York, Paris, DC, Buenos Aires, London, and etc. are constantly dealing with treaties and supranational rules and the problems arising from their application. This course is intended to provide students with the fundamental background that will give them access to this vital field of law, and give them the tools necessary to be able to face the variety of topics it covers.
International Law and the Use of Force (73428)
The text is MARY ELLEN O’CONNELL, INTERNATIONAL LAW AND THE USE OF FORCE (2d ed. 2009.)
International law on the use of force seems to become more relevant by the day. We look to this law for answers to questions such as the following: Are airstrikes in Syria lawful; may detainees at Guantanamo Bay, Cuba be charged with conspiracy; is there an appropriate process for investing the 2014 Gaza conflict, and should fully autonomous robotic weapons be lawful? This area of law was once considered a highly specialized subject of practical importance to very few. Today, it is law being dealt with regularly by the military, legislators, judges, human rights advocates, the media, ethicists, manufacturers, service providers, and many others.
The course is designed as an advanced international law course. We will work with the sources of international law and study the institutions and processes of international law in the use of force context. We will also consider national law on the use of force and how it intersects with international law. The course aims to give students a deeper and broader understanding of international law as well as providing an opportunity to hone skills in legal reasoning, research, and advocacy—written and oral. At the midpoint of the course, you will be assigned a current controversy and asked to present a legal case on one side of the controversy or the other in a moot and for analysis in a research paper. Your grade will be based on three components: class participation (15%), participation in the moot (15%), and the final paper of 20-25 pages (70%). Details regarding the moot and the paper will be provided in class. Students wishing to fulfill the upper level writing requirement should contact the professor to arrange a longer paper assignment.
An introductory course in international law is a pre-requisite for this course. One weekly session a month will be taught by the professor in person. The others will be taught by video-link from Princeton.
International Law & Children’s Rights – An Introduction (73501)
This course will draw students into the growing international discourse on children’s rights. Together we will examine the background to and the operation of the United Nations Convention on the Rights of the Child, the most signed and ratified international treaty ever. The United States is alone in the developed world in not having ratified the Convention. The Holy See of the Roman Catholic Church was one of the first state parties to sign and ratify the Convention. We will take a close look at the impact of the Convention on the Holy See in particular. Course assessment will be by way of an essay of not more than 2500 words. Students are free to choose a relevant topic and one of the classes will be devoted to discussing possible areas of interest for their essays.
International Law (LONDON) (70412)
Studies: the nature and sources of international law; the role of municipal rules in international law; international personality; recognition; territorial entities; jurisdiction; immunities; state responsibility; the law of treaties; and settlement of international disputes.
International Organizations Law (LONDON) (74456)
International organizations (“IOs”) are at the forefront of almost every aspect of international relations and the global economy. From the United Nations to the World Bank, and the International Criminal Court to the International Atomic Energy Agency, IOs are indispensable to modern world affairs. An IO is typically defined as a treaty-based intergovernmental entity, constituted by states, with a legal identity separate from state members. It has international legal personality and privileges and immunities within national legal systems consistent with its functions. The implications and exercise of these attributes is the subject of international organizations law. This course examines the legal issues and controversies common to all IOs, irrespective of object and purposes. Through a study of applicable legal principles and practices it considers underlying themes of world governance and accountability. It also facilitates a good working knowledge of the diverse IO community.
International Sales (73105)
(2) Robin Effron
This course covers cross-border sales transactions between parties in different nations, and how both international treaties (such as the Convention on Contracts for the International Sale of Goods, “CISG") and domestic laws (such as the Uniform Commercial Code, “UCC") impact the creation of international sales agreements and the resolution of sales disputes. Issues covered will include offer, acceptance, formation, the statute of frauds, express and implied warranties, risk of loss, remedies, damages, and payments systems (letters of credit). The course will also touch upon the major issues in dispute resolution, namely, the role of enforcing arbitration agreements and confirming arbitral awards.
International Taxation (70423)
(3) Michael 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 corequisite: Federal Income Taxation (LAW 60705)
International Trade (LONDON) (74433)
Covers the contractual relationships that arise in international trade, and the trade terms that arise and are unlikely to appear in other contractual areas. This area of law developed in the mercantile courts, which developed the law merchant in response to disputes that arose between parties who frequently were trading from different countries and who needed speedy resolution of their disputes. The law merchant comprised a mixture of local trading customs and law as well as foreign rules the substance or recognized trading practice. The course includes discussion of topics such as jurisdiction, arbitration, bills of lading, remedies, insurance, and payment and finance.
Introduction to American Legal System (70427)
(2) Alexandra Levy
Surveys American legal institutions and principles of the American common-law system. Includes a study of the role of the three branches of government – judicial, legislative and executive – in making, interpreting and enforcing law; the role of precedent, statutes, secondary sources, etc., in determining law; the structure of the American court system; the nature of the American federal system and the relationships between state and federal governments; the differences between civil and criminal laws; the role of the U.S. Constitution in defining legal relationships, rights and duties; and a description of the processes of both civil and criminal litigation in American courts, from initiation of an action through trial and appeal.
Introduction to Canon Law (70833)
(2) Bishop Thomas J. Paprocki
Civil lawyers represent and counsel Catholic dioceses, parishes, colleges, universities, grade schools, high schools, hospitals, nursing homes and other charitable entities. In such matters, some knowledge or familiarity with the Church’s own legal system, known as canon law, would be valuable. Canon law plays a central role in determining how the Catholic Church handles the broad spectrum of issues involved in the daily management of a world-wide multinational organization. Examples of these involve personnel and real estate matters, rights and duties of the Christian faithful, professional misconduct, foreign religious workers, the administration of ecclesiastical goods, mergers and joint ventures, and, of course, marriage and family law, especially divorces and annulments. This course will be conducted as a seminar in which students write a research paper and make a classroom presentation on some issue that involves aspects of both civil law and canon law.
Introduction to the American Legal System (LONDON) (74427)
Surveys American legal institutions and principles of the American common-law system. Includes a study of the role of the three branches of government — judicial, legislative and executive — in making, interpreting and enforcing law; the role of precedent, statutes, secondary sources, etc., in determining law; the structure of the American court system; the nature of the American federal system and the relationships between state and federal governments; the differences between civil and criminal laws; the role of the U.S. Constitution in defining legal relationships, rights and duties; and a description of the processes of both civil and criminal litigation in American courts, from initiation of an action through trial and appeal. This course is required of all students in the London LL.M. Programme who did not graduate from an American law school. American law-school graduates cannot take this course for credit toward the LL.M. degree.
Introduction to the Russian Legal System (LONDON) (74462)
This course aims to give the student an understanding of the Russian Legal System from a developmental perspective. It allows the student to appreciate within the context of the Soviet and Russian legal systems different views of the role of law in society, how these may change over time, and see the development and working of a codified legal system with a tradition of a strong social ideology.
Investment Management Law (70112)
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).
Islamic Law & Constitutions (73308)
(3) Emillia Powell
This seminar offers an introduction to Islamic law and Islamic constitutionalism. How does the world of Islam understand the concept of law? What is Islamic justice? Do constitutions of Islamic law states differ from those of the West? How does governance relate to religion in the Islamic world? How did this relationship evolve? Students will consider the meaning of Islamic justice, its embodiment in the legal system, its execution, the way it has evolved, and the principles that underpin it. We will examine the role of Muslim religion in the shaping of the law, and how a faith-based concept of law relates to modern governance. The aim of this seminar is to acquire a better understanding of Islamic law (sharia) as an expression of the divine will, and as a system of laws and justice, through focusing on classic texts, Islamic law states’ constitutions, as well as photography, art and sculpture.
Journal of College and University Law (co-curricular) (75739)
(V) John H. 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)
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)
Student staff members may earn academic credit by researching, writing, or editing material for publication in the Journal of Legislation.
J.S.D. Dissertation (88703)
(V) Paolo G. Carozza
Enrollment: limited to students in the J.S.D. program in international human rights law.
J.S.D. Nonresident Dissertation (88705)
(1) Paolo G. Carozza
Enrollment: limited to students in the J.S.D. program in international human rights law.
Judicial Process (LONDON) (74311)
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 readings and class discussion, explores the intellectual roots of the American judicial tradition and addresses the problems that confront that tradition in the modern American courtroom. When is it legitimate for judges to make law, and when not? Explores critically how the judicial role varies in cases involving the common law, statutory interpretation, administrative review, and constitutional adjudication. Helps students appreciate how judges – trial and appellate – go about the craft of deciding a case, in the hope that the student, once admitted to practice, will be better equipped practically and intellectually to be a successful advocate. Students may choose term paper or take-home examination.
Judicial Process Seminar (73311)
(2) Kenneth 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.
Judicial Role in American History (73837)
(2) Barry Cushman
This seminar will examine the lives, careers, legacies, and changing historical perceptions of leading state and federal judicial figures in American history. In consultation with the instructor, each student will prepare a substantial research paper treating one or more aspects of an important judge's contributions to American public life and to the development of American law.
(3) , Jeffrey 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.
(3) John H. Robinson
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 – Advanced (70825)
This advanced jurisprudence seminar will explore a number of questions about the common law and its place in our legal system as whole. First, students will explore the nature of the common law: the character of common law reasoning, theories of precedent, and arguments about how—or if—the common law is different than other forms of law. Second, students will consider arguments about how the common law interacts with enacted legislation. Third, students will address questions about the role common law reasoning plays, or should play, in constitutional interpretation and adjudication.
Jurisprudence: Foundations of Human Rights (70418)
(3) Paolo G. Carozza
This course satisfies the basic Jurisprudence requirement for JD students, but it does so by using the system of international human rights law as an overarching context in which to examine focal jurisprudential questions. For example, what is the basis for asserting the existence and universality of human rights? How can we plausibly do so across the pluralistic array of different ethical, juridical, and cultural traditions that characterize the human family? To what extent and in what ways can or should human rights principles be "positivized" through international treaties and institutions? What are the meanings and significance of principles of human dignity, subsidiarity, sovereignty, democracy, and the common good in international human rights law? How do we draw the boundaries of legitimate pluralism in a system that aspires by definition to universality? What is the role of adjudication? In examining these and other questions, we will take up and compare a variety of different theories of human rights, both Western and non-Western, religious and secular, in both historical and contemporary perspectives. No prior knowledge of international law or human rights law is required. (Note that if you have taken Professor Carozza's Foundations of International Human Rights Law course in Fall 2016 you are not eligible to enroll in this course.)
Jurisprudence (LONDON) (74821)
Considers philosophical aspects of the law involving questions such as: whether a necessary condition of a legal system is that it possess some moral quality; what morality the law should enforce — whether solely a majority view or whether unpopular deviant groups should be protected as well; the meaning of justice; and whether the law and the courts fulfill their social function. Considers various schools of thought, including the views of the Naturalists and Positivists as well as Sociological Jurisprudence, American Realism and Marxism.
Labor and Employment Law (70353)
(3) Barbara J. 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)
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 2.0: Technology's Impact on Law Practice (73131)
The pace of change in the legal system is picking up, and the contrasts between old and new methodologies are increasingly at odds. It's not just cloud-based e-discovery or online legal service delivery. The application of new technologies shows up in legal research, dispute resolution, patent and contract portfolio analysis, etc. The new tools include search, natural language processing, machine learning, expert systems, visualization, user-centered design, and on and on. All the while, we see entrenched interests trying to hold back the tide.This class puts these changes, barriers, and possibilities in context. Each session includes a notable guest speaker to explain new techniques, application areas, and/or the drivers and impact of New Law. Previous guest speakers have included venture capitalists, professors, legal tech startup founders, corporate and legal aid clients, Big Law CIOs, and more. The class explores what's working and what's broken, as well as what both law students and engineers need to know to work with, thrive under, and even create, a truly modern legal system - Law 2.0.There are no prerequisites for this class (open to law students and C.S. grads).
Law and Cultural Heritage (LONDON) (74402)
The course will introduce students to the legal principles underpinning transactions in art and cultural heritage, looking at both civil and criminal law. It will examine the ways in which a person may assert a valid title to an object, and the ways in which he or she may recover that object when it has been lost, stolen or looted. The mobility of works of art is a significant feature in the contemporary art world, and the course will look at the ways in which such movement is both encouraged and, in some cases, hindered. Intangible rights, including copyright and moral rights, will be examined, together with methods of dispute resolution.
Law and Disabilities (70367)
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)
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 and the Entrepreneur (70905)
(2) Laura Hollis
Neither a clinical nor a “drafting” course, Law and the Entrepreneur is an advanced elective intended to provide a “deeper dive” into entrepreneurship for the legal professional, exploring the socio-cultural, economic and legal aspects of startup ventures. The course also provides an opportunity for discussion of the role of entrepreneurial behavior in economic growth, some comparative study of economic and legal systems, and the extent to which these foster or stifle entrepreneurial behavior. Law and the Entrepreneur examines the multiple places along the life cycle of a startup where the law intersects with and impacts new businesses, including choice of entity, intellectual property and technology commercialization, capitalization and finance, immigration, family business, and social entrepreneurship. Emphasis will be placed on public policy as it impacts entrepreneurship, identification of competing interests inherent in these policy debates, and the arguments about the proper balancing of those interests.
Reading materials will be provided by the instructor, and will include essays by legal scholars, some social science research, and excerpts from contemporary periodicals, as well as more traditional legal cases and statutory materials. Rules for Growth: Promoting Innovation and Growth Through Legal Reform, Kauffman Task Force on Law, Innovation and Growth (2011), 494 pp.
Students’ grades in the course will be a function of significant in-class and online participation, and a final research paper on a topic of the student’s choice, related to the subject matter of the course. The best student papers will have the opportunity for publication.
Law & Morality in Contemporary Jurisprudence (73845)
(1) Santiago Legarre
This course is an introduction to law and morality (and an introduction to the relationship between them), from the perspective of the natural law tradition, as enriched by other complementary, modern views. The course focuses on three main questions: What is natural law? What is positive law? How do they relate? The course will have a regular exam, not a paper. The required reading materials that will be included in the syllabus will cover the totality of the topics to be examined. The students will be expected to read one required material (typically, a short article) for each one of the seminars.
Law of Education (70313)
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) Patricia O'Hara
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)
(3) Roger P. 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)
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.
Law of Terrorism (70426)
(3) Jimmy Gurulé
The Law of Terrorism explores the relationship between law and national security policy as it relates to responding to the threat of transnational terrorism. This requires analyzing the U.S. response to this threat through three primary modalities: first, military response; second, criminal law enforcement response; and finally, economic response. Each of these response modalities offers certain advantages and disadvantages in this struggle. More importantly, each of these modalities implicates a fundamentally different legal framework. The terrorist attacks of September 11, 2001 have revealed two fundamental dilemmas that have generated legal uncertainty. First, where does terrorism fit within the continuum of international threats? Second, if certain terrorist threats necessitate the invocation of war powers, where is the line between the law enforcement and the wartime components of this struggle to be drawn? More specifically, the course will examine whether the armed struggle with deadly terrorist groups may constitute an armed conflict implicating principles of international humanitarian law, including the right to detain terrorists for the duration of the conflict and prosecute them before a military tribunal. The course will also consider whether attacks by terrorist organizations may trigger a State’s inherent right of self-defense under the United Nations Charter and customary international law. Further, the course will examine the primary tool in the contemporary criminal law arsenal for combating terrorism, the federal offense of providing material support to terrorist organizations, 18 U.S.C. §2339B. This statute has generated significant questions as to whether it infringes on fundamental constitutional values including First Amendment freedom of speech and freedom of association, and Fifth Amendment due process protections. The course will examine the government’s authority to freeze the assets of suspected terrorists. A robust body of U.S. law now enables the federal government to investigate, track, and seize assets connected to terrorist organizations. The course will also explore the gathering of counter-terrorism intelligence pursuant to the Foreign Intelligence Surveillance Act. Finally, the course with analyze several important statutes enacted by Congress authorizing civil liability for personal injury or death caused by acts of international terrorism. Civil causes of action benefit the victims of terrorism by affording them the remedies of American tort law against the actual perpetrators of terrorist acts as well as their financial sponsors and facilitators.
Lawyering Practice Externship (EXP) (70736)
(1) Robert Jones
The Lawyering Practice Externship Course allows students to perform 8-12 hours of legal work per week in in any court, governmental agency, nonprofit organization, or in-house corporate counsel office while participating in a companion weekly seminar. Students earn three credits (two of which are fieldwork credits) for an eight hour weekly field placement or four credits (three of which are fieldwork credits) for a 12 hour weekly field placement. Placements must involve substantial legal work under the careful supervision of an attorney or judge. Placements are typically in the Michiana area, but students are free to choose placements in other regional cities including Chicago and Indianapolis. Students may not choose placements already offered in existing local externship courses (St. Joseph County Public Defender, South Bend office of the National Immigrant Justice Center, Notre Dame Athletic Department or athletics compliance within Notre Dame’s General Counsel’s Office). All placements must be approved by the instructor and must be finalized before a student may enroll in the course.
Lawyering Practice Externship - Fieldwork (EXP) (75736)
(V) Robert Jones
The Lawyering Practice Externship course I allows students to perform 8-12 hours of legal work per week in any non-profit legal agency, governmental law office, corporate counsel office, or court while participating in a companion weekly seminar. Students earn three credits (two of which are fieldwork credits) for an eight hour weekly field placement or four credits (three of which are fieldwork credits) for a 12 hour weekly field placement. Placements must involve substantial legal work under the careful supervision of an attorney or judge. Placements are typically in the Michiana area, but students are free to choose placements in other regional cities including Chicago and Indianapolis. Students may not choose placements already offered in existing local externship courses (St. Joseph County Public Defender, South Bend office of the National Immigrant Justice Center or Notre Dame Athletic Department). All placements must be approved by the instructor and must be finalized before a student may enroll in the course
Lawyering Practice Externship II (EXP) (75738)
(V) Robert Jones
The Lawyering Practice Externship II course allows students who have successfully completed Lawyering Practice Externship I to perform another externship different from their first experience. Students will be eligible to enroll in LPE II if they propose to work in a different law office or judicial chambers and will have a substantially different lawyering experience than in LPE I. The types of eligible placements (governmental, non-profit, judicial, and corporate counsel) will be identical to LPE I (see LPE I course description). All placements must be approved by the instructor and must be finalized before a student may enroll in the course. Students earn two fieldwork credits for an eight hour weekly field placement or three fieldwork credits for a 12 hour weekly field placement. The course includes reflective components but no regular classroom meeting.
Lawyers in Film (73404)
(2) Stephen Cribari
The purpose of this course is to examine the influence Hollywood has had on how lawyers perceive themselves and how society in general perceives lawyers, the legal profession, and the ethical standards of the legal profession — specifically by studying relevant scholarly material and by critiquing film and television depictions of lawyers, lawyering and the ethics of the profession.
Legal Change Seminar (73310)
(2) Randy J. Kozel
The law is engaged in a constant struggle to strike the appropriate balance between progress and stability, efficacy and consistency, past and future. In this seminar, we will explore the dynamics of legal change across a variety of substantive and methodological domains. Drawing on topics that range from constitutional theory to administrative law to income taxation, we will consider the complex dimensions of change. When should change be allowed to occur? Who should be its precipitator? How should we treat parties who detrimentally relied on the previous rules? Questions like these are integral to the operation of any legal system. This seminar is designed to investigate them. Course requirements include regular participation and two analytical papers.
Legal Externship – Public Defender (co-curricular) (EXP) (75735)
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 (EXP) (75733)
(1) Gerard V. Bradley Monterrosa
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 – Summer (75731)
(1) Robert Jones
One unit of co-curricular academic credit may be awarded for student volunteer legal work of at least four weeks and 160 hours or more of work undertaken during the summer months in a court, governmental agency, nonprofit organization, public law office or in-house corporate counsel office. The work must be conducted under faculty supervision, conform to the approved standards of the faculty, and have the advance approval of the dean. This one unit of co-curricular credit may count toward graduation requirements as one of the six maximum allowable co-curricular credits, but cannot count toward the minimum hours required during any semester for residency. It will be reflected on a student’s transcript.
Legal Interviewing & Counseling (EXP) (70810)
This course is a 3-credit upper-level skills course designed to explore the theoretical and ethical foundations which inform the work of an attorney as Counselor. As a skills course, each topic addressed throughout the semester will be developed through practice with an eye toward the formation of the law student as practitioner.
At its core, law governs relationships and all areas of the law, at some level, are about relationships between persons. The professionally distinct fiduciary role of the lawyer as Counselor, while also always Advocate and Officer of the Court, will be examined with awareness given to the relational character of the legal enterprise and one’s client. The dual purpose of lawyer-client counseling, which includes informed decision-making by both the client and the attorney, will be highlighted throughout the entire course.
Legal Remedies for Human Trafficking (73410)
Human trafficking is now a crime in nearly every country, and has taken center stage in recent years as a widespread threat to human rights. International legal instruments outline with broad strokes states’ obligations to provide legal remedies for trafficking victims, but the rhetoric of treaties and protocols provides little concrete guidance for how to implement their laudable goals. In this seminar, students will tackle the question of how to provide effective and appropriate legal remedies for trafficking victims by comparing approaches and outcomes across countries, including the United States. Students will perform in-depth research on specific countries, and apply theoretical frameworks to evaluate different methods of implementation. Foreign students will be encouraged to draw on knowledge of and experience with their home countries' legal systems. Grades will be based on class participation, research papers, and presentations.
Legal Research (60703)
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) Paolo G. 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)
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)
Introduces students to techniques of appellate advocacy. Requires each student to brief and argue one appellate moot court case.
(3) John Nagle
This course studies the law governing the enactment of laws. It addresses the lawmaking procedures in Congress, state legislatures, and direct democracy. Topics include the constitutional rules governing the enactment of federal statutes, the additional legislative provisions contained in many state constitutions, and the legality of techniques such as the filibuster, the line-item veto, and use of the appropriations process to enact substantive laws.
Legislation and Regulation (LONDON) (74318)
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.
Legislation & Regulation (70318)
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. May not have taken LAW 70315 Administrative Law.
Licensing Transactions (EXP) (75115)
Intellectual property has enormous value in today’s global economy, and one of the principal ways of extracting its value is licensing to others. Through the sharing of the professor’s 25+ years of licensing transaction experience, guest speakers and student-led discussions, this course will provide a fundamental understanding of the issues involved in licensing, and allow a student to learn transaction lawyering skills that are applicable to any business transaction. This course will help equip students with licensing knowledge and skills relevant to those interested in intellectual property, litigation or business transactions. Topics include common license provisions, drafting and negotiation of license agreements, transaction lawyering skills in connection with licensing and an introduction to specific legal issues related to licensing, such as antitrust, university and equitable access licensing and international issues. Assignments and in-class work will involve multiple individual and group drafting assignments, such as licensing provisions, client memos and license agreements. _Skills course_ _Intellectual Property & Technology Law_
LL.M. Legal Research, Writing & Analysis (70208)
This course introduces LL.M. students to the tools and methodology of U.S. legal research and legal discourse. The course helps students develop the research skills that are essential both in law school and in U.S. common law practice, and provides instruction, experience, and guidance in learning to write legal documents. Coursework emphasizes legal research and writing as an interrelated process, and focuses on research, prewriting, drafting, and revising strategies designed to produce effective written work.
LL.M. Seminar (LONDON) (84429)
Seminar devoted to topics of interest to LL.M. students. Features lectures by and discussions with visiting speakers. This course is required of and limited to students in the LL.M. program in international comparative law.
LL.M. Thesis (88700)
(V) Roger P. Alford
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
LL.M. Thesis (LONDON) (84700)
Requires written work of substantial quality completed under the direction of a faculty sponsor. This course is limited to students in the LL.M. program in international comparative law. It may be taken for 1 to 4 semester credits.
Local Government Law (70317)
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.
London Internship (74731)
Students may work for employers in exchange for academic credit. The intern must work a total of sixty hours to receive one credit or one-hundred twenty hours to receive two credits. Maximum credits per year: 2.
Medieval Legal History Seminar (73835)
A study of the common medieval legal traditions with particular attention to the development of rights, judicial procedure and sovereignty, as foundational elements of modern law.
Mergers & Acquisitions (70127)
(3) Julian 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)
Military Law (70903)
(2) David, Zieba
This course is designed to give an overview of Military Law and make it relevant to State and Federal civil and criminal practice. We will study the Manual for Courts-Martial of the United States (MCM) as well as portions of other relevant military and civilian publications.
The MCM contains the criminal procedural rules upon which the Military Justice System operates but also Military Rules of Evidence, the Punitive Articles upon which an individual may charged, but also numerous other relevant forms, guides and analysis’s.
Students will be exposed to the history of Military Law, a comparative analysis of Military Law, basic procedural and substantive operation of the Military Legal System and learn why this course will make them a better lawyer.
The final exam will be a two hour in class exam, some portion being written questions requiring short answers and some portion consisting of multiple choice and True and False questions.
Modern Constitutional Theory (73303)
This course examines a variety of questions about and approaches to American constitutional law and interpretation, drawing from case law, early secondary sources, and contemporary scholarship. These questions include, among others: What is the nature and function of a constitution? What is the Supreme Court’s role in interpreting our Constitution? Should other actors have an interpretive role as well? How is the Constitution to be interpreted? What theories or methods should we use? What is a theory of constitutional interpretation and what is it for? This course may be taken for either two or three credits. Students taking the course for three credits will complete a substantial research paper that satisfies the Law School's Upper-Level Writing Requirement.
Moot Court International (co-curricular) (75745)
(1) Christine Venter Patrick Dowd
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 International London (EXP) (74745)
Students will be assigned a problem at the end of the first week of the 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).
Moot Court – Trial (EXP) (75747)
NDLS has two (2) mock trial teams that compete in competitions during the spring semester: the National Trial Competition (NTC) trial team and the American Association of Justice (AAJ) trial team. Students tryout and are chosen for the both teams during the first week of classes in the fall. It is very helpful to be enrolled in the fall Intensive Trial Ad course prior to tryouts or have taken Comprehensive or Intensive Trial Ad prior to tryouts. Students who are selected for the teams are automatically enrolled in the fall Moot Court Trial Class, which meets once per week for 75 minutes. Third-year students who enrolled in the course and participated on the team during their second year, and who are studying away from the main campus during the fall semester, may be considered for participation on the teams at the discretion of the instructors. Each team is typically comprised 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.
Mutual Fund Regulation (73106)
(2) Pike, Dykstra
The course provides students with a working knowledge of mutual funds, as well as hedge funds, from a legal and practical perspective. While we pay particular attention to the Investment Company Act of 1940 and the Investment Advisers Act of 1940, the course supplements the analysis of this regulatory framework with guest speakers and regular reviews of press articles, regulatory developments and enforcement actions, and advertisements appearing in the financial media. The course covers issues relating to fund organization and distribution, rights of shareholders, investment performance, advisory fees and expenses, governance, including the independence of directors, trading practices and compliance matters. We will examine the roles of independent counsel to the fund and its disinterested directors, in-house counsel to the fund¿s investment adviser, and special counsel in governmental investigations and litigation. There will be an emphasis on real-world situations currently faced by mutual fund management firms, directors and their counsel. The course will conclude with a written take-home paper. The paper topic will be assigned by the professors.
National Immigrant Justice Center Externship (EXP) (75734)
Four NDLS students will have the opportunity to practice immigration law under the supervision of an experienced NIJC immigration attorney by providing immigration legal services to low-income immigrants in Indiana through NIJC. NIJC will select, screen and house all cases handled through this externship. Students will meet as a class once a week for one hour of instruction on substantive immigration law and lawyering skills, guided discussion and case review. Students will spend an additional eight hours each week conducting case work. Students will handle the representation of one or more NIJC clients and seek immigration benefits before federal agencies and courts. Students will conduct initial intake interviews, identify client eligibility for immigration benefits, complete immigration applications, compile supporting documentation and write legal memoranda.
There are no required courses students must take in advance of participating in this externship. However, Administrative Law (70315), Advanced Legal Research (70207), Appellate Advocacy Seminar (73314), Immigration Law (70301), and Introduction to International Human Rights (70417) are recommended. Registration is by permission only. Interested students should submit a cover letter, resume and informal transcript to Lisa Koop at LKoop@heartalliance.org.
National Security Law (70324)
(3) Jimmy Gurulé
The primary objective of the course is to introduce law students to the principal legal issues raised in protecting vital national security interests, and the tension that often arises between national security and civil liberties. More specifically, the course examines five important levers of governmental power utilized in combatting national security threats: diplomacy; intelligence; military; economic sanctions (both domestic and international); and criminal prosecution. Further, important national security law issues will be analyzed within a framework of six different “friction points,” which involve a balancing of important competing interests that arise in attempting to detect, prevent, and combat serious threats to national security. These “friction points” include: (1) the friction between the branches of government, and frictions within branches of government; (2) the friction between national security and liberty; (3) the friction between separate sovereigns: national security and federalism; (4) the friction between national security and open government; (5) the friction between economic freedom and national security; and (6) the friction between national security and international law. The course will also bring together core principles of separation of powers, justiciability, regulatory law, criminal law, First Amendment law, constitutional due process, and principles of international law, to name only a few, as they relate to issues of national security.
Natural Resources Law (70350)
(2) Bruce Huber
This course examines federal natural resource management. A sizable fraction of our nation’s land is owned by the United States, and these lands are home to extraordinary resources — resources which are useful for a host of purposes, including energy, mineral, and timber production, as well as ranching, agriculture, recreation, and conservation. Fierce battles over the guiding principles of resource management have yielded a complex body of law that structures day-to-day decision making by federal land management agencies. This course will be of interest to anyone considering a career in energy, environmental, or natural resources law, as well as those seeking a better understanding of federal natural resource policy.
Negotiations (EXP) (70727)
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.
Negotiations Law (EXP) (74727)
This course aims to improve both your understanding of dynamics of negotiation and your effectiveness as a negotiator. Drawing on work from a variety of research perspectives, the course will provide frameworks for understanding negotiation. Within class, you will spend a significant amount of time in simulated negotiation role plays. Homework will typically consist of preparing for the next class's negotiation, with occasional assigned readings and short writing assignments. Throughout, emphasis will be on developing awareness of how you can improve as a negotiator. Instilling a habit of self evaluation and reflection on your planning and performance is an explicit course objective. Successful lawyers (and non-lawyer negotiators) embrace that habit. You will be required to read, write, discuss and perform. Our methodology will require you to apply concepts via analysis, planning, implementation, spontaneity, and reflection. Because negotiation is an interactive process, you will frequently have to adjust your analysis and behavior, based on what other parties (and your own client) may do. Being critiqued on your planning and performance is an excellent way to learn. Critiquing the performance of others is also an excellent way to learn. You will be taught accepted principles of effective critique and feedback, which you will use repeatedly throughout the course.
Not-for-Profit Organizations (70121)
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.
Not-for Profit Organizations Practicum (EXP) (75121)
This one-credit skills course provides students with experience applying legal rules governing not-for-profit organizations to the drafting of common legal documents for such entities. More specifically, this course will provide students with the opportunity to draft documents relating to the formation under state law of a nonprofit corporation, state law governance standards for such organizations, federal income tax exemption, and the federal tax rules relating to private foundations. Students will receive individualized feedback on their draft documents. By the end of this course students will be familiar with the most common legal documents for not-for-profit organizations, the most common legal issues that arise when drafting such documents, and how to draft document language to best address those issues. This course is designed to be taken concurrently with the separate Not-for-Profit Organizations course and relies on students having been introduced to the general substantive law applicable to such organizations through the NPO course. Students who wish to take this course therefore must also be enrolled in Not-for-Profit Organizations during the same term.
Notre Dame Journal of Law, Ethics and Public Policy (co-curricular) (75751)
(1) O. Carter Snead
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 in Chicago Field Placement Externship (EXP) (75760)
(8) Robert Jones
The heart of the program is a 32 hour-per week volunteer externship placement in a non-profit legal organization, a governmental law office (local, state or federal), a judicial chambers (state or federal), or an inhouse corporate counsel office. The Chicago legal market offers an astounding array of opportunities in those sectors. The externships must involve substantial legal work. Some placements such as low income legal services providers, public defender offices or state government agencies may allow students to provide direct legal representation and appear in court pursuant to an Illinois 711 license. Students earn 8 fieldwork credits, graded on an S/U basis, during their externship placements. They may not receive compensation for their work.
Students work under the supervision of an attorney or judge who agrees to serve in a mentoring role by providing guidance and careful oversight of a student’s legal work, by engaging the student in reflection on broader questions raised by the office’s work, and by providing detailed feedback on the student’s performance.
Notre Dame Law in Chicago Seminar (EXP) (73760)
(2) Robert Jones
This two-credit, letter-graded seminar will meet weekly in Chicago. The seminar is designed to enhance the learning that occurs during the field placement by deepening students’ reflection on the justice system, lawyering skills, professional identity, ethics, and their own professional development. Students will have reading assignments, regular short writing assignments, and responsibility for class presentations.
Notre Dame Law in DC – Field Placement (EXP) (75761)
Students in the DC Program will earn 8 academic credits for working 32 hours per week in a DC-area non-profit legal agency, governmental law office, judicial chambers, or in-house corporate counsel office. Students will engage in substantive legal work under the careful supervision of an attorney or judge who commits to serving in a mentoring role. Enrollment is by permission only. Students who enroll in this course must also enroll in the companion two-credit, graded DC Program Seminar which meets weekly in DC. In addition to the ten credits earned through the field placement and associated seminar, participating students must earn 4 additional credits through non-externship courses offered in either South Bend or DC.
Notre Dame Law in D.C. Seminar (EXP) (73761)
(2) Nell Jessup Newton,
This two-credit, graded seminar is a companion course to the ND Law in D.C. Field Placement Externship. The seminar will meet weekly in Washington, D.C. The seminar is designed to enhance the learning that occurs during the field placement by deepening students’ reflection on the justice system, lawyering skills, professional identity, ethics, and their own professional development. Students will have reading assignments, regular brief writing assignments, and responsibility for class presentations.
Notre Dame Law Review (co-curricular) (75749)
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 (EXP) (75910)
(2) Joanne Clifford
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)
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 Law & Prosecution I (70925)
(2) Michael Wack
The Patent Law and Prosecution I & II sequence teaches the legal information required to be successful in the day-to-day practice of patent law. Topics covered in the first semester include: (1) Introduction to Patent Law; (2) 35 U.S.C., 37 C.F.R., and the MPEP; and (3) Precedential Case Law.
Patent Litigation (73909)
(3) Barry 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)
(2) James Haigh
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)
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.
Plea Bargaining (73426)
Despite its dominant role in the criminal justice system, plea bargaining is not, and cannot be, covered in adequate theoretical or practical depth during a typical Criminal Law or Criminal Procedure class. The breadth of ethical, legal, and practical questions that arise in the plea bargaining context—and which will be the daily questions for those students who go on to become prosecutors or defense attorneys—warrant separate and fuller treatment. This seminar is designed to provide students with a deeper theoretical and practical understanding of plea bargaining and the challenges it presents for litigants, courts, and legislatures. (Note the possibility of taking an additional credit if the student wants to do the upper-level writing requirement.) The only prerequisite is Criminal Law. Criminal Procedure would not be required any relevant criminal procedure matters will be covered as they arise. _Criminal Law_
Post-Conviction Remedies (70468)
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)
Products liability law has evolved considerably in the last 50 years. This class examines modern American products liability law. We will consider the various forms of product defect in tort, the cousins of strict liability and negligence, related contractual and warranty theories of recovery, causation, defenses, and damages. This class will include practical components often faced by product liability lawyers, including the role of experts, warning and warranty preparation, and litigation avoidance techniques.
Professional Responsibility (70807)
(3) Michael Jenuwine,
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)
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.
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.
Protection of Cultural Heritage: War, Markets and Museums (73402)
The subject matter of this seminar is regularly in the news from the “Islamic State” destroying antiquities on religious grounds to major corporations pouring millions into restoring ancient sites to lawsuits against museums in possession of objects allegedly stolen during war and colonial occupation. The law on protection of cultural heritage is a well-recognized subfield of international law, also known as international art law. The course will cover what counts as cultural heritage and why humanity cares so deeply about it as demonstrated by the near-universal membership in the Convention on Illicit Trafficking of Cultural Property and the Hague Convention on the Protection of Cultural Property in Time of Armed Conflict. We will discuss the law and relevant institutions in the context of history, philosophy, and art. This is a two-credit hour seminar. A prior course in international law is highly recommended but not required. Anyone who has not had a course in international law should contact the professor prior to the first session for introductory reading. Several current controversies from the world of cultural heritage protection will be selected as case studies. Students will focus on a case and present an argument on behalf of one side in the controversy. Evaluation will be based on class participation, the presentation, and a research paper. The course will use readings and materials selected by the professor. It is open to law students, Kroc MA students in peace studies, and graduate students in other disciplines.
PTO Proceeding Post-AIA (70183)
This course is designed to introduce students to the realm of correcting and challenging patents and patent applications at the U.S. Patent and Trademark Office (USPTO) brought about by the America Invents Act (AIA). The course examines the role of the examining corps and the Patent Trial and Appeal Board (PTAB) and the interplay between preexisting and new USPTO proceedings. Topics include: patent prosecution tenets (ex parte prosecution and appeal), inventorship (interferences / derivations), correcting patents (reissue / supplemental examination / ex parte reexam), challenging patent applications (protests / third-party submissions), and challenging patents (inter-partes review, post-grant review / covered business method review). This class will primarily be of interest to students who intend to practice patent law. Many of the topics analyzed will be relevant to those students intending to practice in either patent prosecution or patent litigation. Patent Law is a pre-req.
PTO Proceedings Post-AIA (70138)
This course is designed to introduce students to the realm of correcting and challenging patents and patent applications at the U.S. Patent and Trademark Office brought about by the America Invents Act. The course examines the role of the examining corps and the Patent Trial and Appeal Board and the interplay between preexisting and new USPTO proceedings. Topics include: patent prosecution tenets (ex parte prosecution and appeal), inventorship (interferences/derivations), correcting patents (reissue / supplemental examination/ex parte reexam), challenging patent applications (protests/third-party submissions), and challenging patents (inter-partes review, post-grant review/covered business method review). This class will primarily be of interest to students who intend to practice patent law. Many of the topics analyzed will be relevant to those students intending to practice in either patent prosecution or patent litigation. Patent Law is a pre-req.
Public Defender Externship Instruction (EXP) (70733)
(1) Gerard V. Bradley Monterrosa
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.
Race & Policing (73361)
This seminar will take a broad look at how policing and race interact. We will read selections from books, articles or speeches of people such as Michelle Alexander, Paul Butler, Ta-Nehisi Coates, James Comey, Alice Goffman, Jill Leovy, Tracey Meares, Jonathan Pfaff, Stephen Rushin, and William Stuntz. We will also read some primary materials and research on the DOJ’s investigation of Ferguson, stop and frisk policies, and structural reform litigation. Students will be required to write a short reaction paper for the week’s reading, due before class and published on the course website for fellow students to read. Grading will depend heavily on active participation in discussion.
Real Estate Transactions (70111)
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 residential real estate transaction will be used as the foundation 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-traditional planning and sustainable development, and government manipulation of the market demand for real estate.
Regional Human Rights Protection Seminar (73421)
(3) Douglass Cassel
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)
Religious Freedom & the Establishment Clause (73305)
The First Amendment to the Constitution of the United States provides that “Congress shall make no law respecting an establishment of religion[.]” This prohibition has long been at the heart of the American experiment in religious liberty under law. However, its history, meaning, foundations, and implications have long been and will continue to be debated in courts, legislatures, and the public square.
This shorter seminar course will focus on the “Establishment Clause”, its interpretation and application by the Supreme Court of the United States, and its role in protecting and promoting religious freedom. It will feature an intensive week-long series of meetings with Associate Justice Clarence Thomas of the Supreme Court of the United States and several other prominent visiting scholars of church-state relations and constitutional law. In addition, the course will meet with Prof. Garnett during the weeks before and following Justice Thomas’s visit to Notre Dame Law School.
(3) Daniel B. Kelly
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.
Second Amendment Law (70308)
(3) Michael Jenuwine
This course examines current legal and policy debates about the role of privately possessed firearms in American society. An historical overview of the right to keep and bear arms under the Second and Fourteenth Amendments to the United States Constitution will be provided, followed by a review of federal and state firearms regulation, state constitutional arms rights provisions, the history of gun rights and regulation, moral and philosophical basis of self-defense, and tort litigation involving the firearms industry.
Secured Transactions (70103)
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 Regulation (70107)
(3) Patricia O'Hara
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)
Seventh Circuit Practice Externship – Fieldwork (EXP) (75737)
(V) Robert Palmer
Four third-year students on the Moot Court Board each year write briefs and conduct oral arguments in appointed cases before the United States Court of Appeals for the Seventh Circuit under the supervision of Adjunct Professor Robert Palmer, a leading appellate practitioner. The students typically write a brief during the fall semester and argue their cases during the spring semester. The students are chosen during their second year through the Moot Court Board’s internal competition. Participating students earn 3 total academic credits during the fall of their third year through the Lawyering Practice Externship seminar (1 credit) and the Seventh Circuit Practice fieldwork course (2 credits).
Social, Political and Legal Thought of Shakespeare (73807)
(1) John M. Finnis
Through a close study of the thought, language, and imagery of four or five Shakespeare plays (with allusions 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.
Social, Political and Legal Thought of Thomas Aquinas (73809)
(2) John M. Finnis
Examines the ethical and methodological foundations 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 property rights; and unconditional human rights.
Sports Law Seminar (73907)
(3) Ed 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.
State Constitutional Law Seminar (73301)
This course explores the nature and significance of state constitutional law. The course covers rights and structure, and in both settings it compares the federal model to the various state models. Of particular emphasis is the role of the state courts in protecting liberty and property rights under their own constitutions, and most notably whether they should construe these guarantees to offer protections that the federal courts have not provided in construing the federal constitution. Examples include litigation involving school funding, marriage, property takings, criminal procedure, the free exercise of religion, among others. The course also considers the amendment procedures of the state constitutions, the election of state court judges, the non-unitary executive under most state constitutions and other structural issues. _Constitutional Structure_
Statutory Interpretation Seminar (73370)
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) John H. 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.
Taxation of Business Enterprises (70609)
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 Clinic (EXP) (75605)
Students in the Tax Clinic represent low income clients in controversies with the Internal Revenue Service and in litigation in the United States Tax Court and possibly other federal courts. The clinic is located in the Clinical Law Center at 725 Howard Street. Students play a “first chair” role interviewing and counseling clients, conducting factual investigations, determining alternatives for resolving disputes, advocating on the client’s behalf, and negotiating agreements with the IRS. Students may also participate in community outreach and education on taxpayer issues. The classroom portion of the course covers tax procedure and relevant substantive law along with basic lawyering skills necessary to effective representation of taxpayers. Pre-requisite: Federal Income Taxation (70605). Additional pre-requisite or co-requisite: Professional Responsibility (70807 or 70808).
Tax Clinic II (75606)
Variable credit and letter-graded course open to students who have satisfactorily completed Tax Clinic I. Tax Clinic II allows students to progress to more advanced lawyering skills as applied to federal tax controversies. Enrollment is by permission of the instructor.
Tax Policy Seminar (70428)
(2) Michael 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.
Telecommunications Law Seminar (70904)
Explores the regulatory regimes in the United States that apply to the communications industries, including broadcast, cable, telephony (wireline and wireless), satellite, and the Internet. Considers the fundamental legal and policy approaches to communications regulation; the jurisdictional boundaries among, and statutory and constitutional constraints upon, federal, state, and local regulators; and the difficulties of applying existing regulatory approaches in a world of rapidly converging technologies. Requires a substantial paper.
The Law of War (LONDON) (74468)
An introduction to the Laws of War in contemporary international law and International practice. Studies the legal framework of conduct of hostilities, Jus ad bellum and jus in bello under the UN Charter, International Humanitarian law and International Human Rights Law. Also considers the different types of armed conflicts including the concept of armed conflict, the distinction between international and non-international armed conflicts, reasons and relativity of the distinction and comparison of the two regimes, and contemporary problems of qualification and practical consequences.
Addresses the legal rules that determine whether civil liability attaches to conduct that results in harm to others.
Trademark and Unfair Competition (70137)
(3) Mark 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.
Trademark Prosecution (75137)
Concentrates on the procedural and substantive requirements for filing a federal trademark registration before the United States Patent and Trademark Office (USPTO) and extensions of that registration through the Madrid Protocol. The class will also focus on the filing of registrations before the USPTO by foreign applicants under the Lanham Act and the Madrid Protocol. This type of actual practice knowledge and prosecution skills will serve as useful tools for those students who have a strong interest in intellectual property law. Furthermore, for those students who will practice transactional law, administrative procedures before the USPTO are similar to other administrative procedures before other federal agencies, probate courts, etc. An understanding of the procedures used by the US Trademark Office will benefit those students who may practice before other government entities, federal courts, or state courts. Lastly, for those students who may need an understanding of trademark prosecution in either a litigation or corporate practice, this class will enhance their legal background. In order to take this course, I recommend that the student have basic knowledge of trademarks. At a minimum, the IP Survey course is a prerequisite to this course in order to understand the subject matter of this course. As an alternative to the IP Survey course as a prerequisite, a student may take the Trademarks and Unfair Competition class as a prerequisite or a co-requisite to Trademark Prosecution.
Trade Secrets & Unfair Practices (70109)
(3) 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.
Transactional Law Intensive (EXP) (75111)
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 Civil Litigation (73717)
(2) Roger P. Alford
Designed to be a seminar, this seminar seeks to address the kinds of issues that a lawyer in the United States actually will encounter when involved in civil litigation that includes transnational parties, evidence or claims. It combines lecture and experiential learning approaches to address the following topics: basic choice of law and choice of forum analysis; prescriptive jurisdiction; extraterritorial application of United States laws; international judicial assistance (service of process and discovery abroad); enforcement of foreign judgments; and numerous defenses raised in the transnational civil litigation context, including sovereign immunity, act of state, forum non conveniens, political question, and preemption.
Transnational Corps and Human Rights (70443)
(3) Douglass Cassel
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 (EXP) (75709)
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 (EXP) (75710)
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)
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.
Water Law (70328)
This two-credit course provides an overview of American water law and policy. Water is an essential resource, yet the law that deals with its protection and allocation is neither coherent nor consistent across the fifty states. Just as population growth and industrial expansion have strained the nation’s limited freshwater supplies, so also have they tested the laws established to manage these supplies. Today water law is called upon not only to resolve disputes among competing users, but also to help maintain adequate supplies of clean water in the face of widespread and chronic pollution, disappearing aquifers, and rapidly growing demand. In this course, we will examine these issues by studying, among other things, the classic water allocation doctrines of riparianism and prior appropriation (as well as variations that apply to ground water), interstate controversies over shared water resources, public rights and interests in water resources, and the law governing the major institutions and organizations involved in water allocation and management.