Notre Dame Law School’s curriculum exposes students to a wide variety of topics that are relevant to all areas of practice. Students benefit from the experiences of professors who are both great scholars and great teachers. Our faculty consistently publish in the top journals in the country, and are invited to participate in some of the most important academic conferences in the world. Notre Dame Law School’s premier faculty scholars contribute to some of the most challenging legal considerations of our time.
A defining characteristic of a Notre Dame legal education, and part of what drives our molding of a different kind of lawyer, is the Law School’s emphasis on ethics in the curriculum. The required Ethics I course introduces first-year students to a cross-section of issues they can expect to encounter in their professional lives. A second ethics course is taken during a student’s second or third year of study, further cementing the importance of ethical behavior and judgement in the practice of law.
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.
Lecture hours per week, laboratory and/or tutorial hours per week, and credits each semester are in parentheses.
Instructors listed for each course are accurate at the time this page was published. Instructors may change to meet the needs of the faculty and administration.
2012 Course Descriptions
Accountability for Gross Violations of Human Rights (70409)
Compares the approaches followed in different countries to deal responsibly with past violations of human rights, in order to assess the benefits and shortcomings of each. Draws upon selected readings as well as upon the individual experiences of course participants. Examines the various means of establishing accountability, including "lustration" laws, truth commissions, and national and international prosecutions. Also considers the influence of obstacles such as political instability, amnesty laws, statutes of limitations, and claims of superior orders.
Pre- or co-requisite: International Law (LAW 70401 or 74401)
Accounting for Lawyers (70100)
(3-0-3) M. Barrett
Highlights the importance of issues involving accounting to the practice of law. To practice law effectively, every lawyer should understand certain fundamentals about accounting and financial statements. Topics include the bookkeeping process; the basic financial statements; the evolving nature of generally accepted accounting principles; audit reports and accountants legal liability; the time value of money; financial statement analysis and financial ratios; drafting and negotiating agreements and legal documents containing accounting terminology and concepts; responses to an auditor’s request for information about legal contingencies and related discovery issues; and cost allocation issues. Designed for students who have little or no accounting background as an aid to the study of Business Associations, Federal Taxation, Business Planning and other courses. Enrollment: limited to students who have not earned more than six semester hours of college credit or the equivalent in accounting courses.
Administrative Law (70315)
(3-0-3) P. Bellia/Pojanowski
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 Criminal Justice Externship (70729 and 75729)
1 credit/3 credits FW – Wruble
This externship is a 1 credit course letter-graded and 3 credits s/u for fieldwork through which students provide representation to criminal defendants in the St. Joseph Superior Court pursuant to a Student Practice Certification. With direct supervision by Public Defender and Adjunct Assistant Professor Stanley Wruble, students represent indigent clients charged with low-level felonies (Class D felonies) which can routinely be resolved within one (1) semester. Students represent their clients through all phases of the criminal justice system from charging through plea negotiation or trial and will perform the following tasks: client interviewing and counseling, factual investigation, legal research, case theory formulation, motion practice, suppression and evidentiary hearings, plea negotiation with deputy prosecutors, and trials. Students will attend classroom sessions in the Law School; case work will be performed at the law offices of Professor Wruble in downtown South Bend. Three of the four credits will be classified as field work credits. Professional Responsibility is a pre-requisite or co-requisite. Enrollment by permission only. Pre-requisites/Co-requisites Evidence is a pre-requisite or co-requisite course. It is preferred, although not formally required, that students applying for this Externship will have taken either or both of the following: Constitutional Criminal Procedure: Adjudication and Constitutional Criminal Procedure: Investigations. Trial Advocacy, either Comprehensive or Intensive, is another preferred pre-requisite or co-requisite but will not be formally required.
Advanced Legal Research (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 Topics in Corporate Law Seminar (73125)
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 Unfair Competition (73137)
This seminar is focuses on several areas of trademark and unfair competition law that are not typically covered in introductory IP or trademark courses. Topics will include: territoriality and the famous marks doctrine; geographical indications; the right of attribution; false advertising; the right of publicity; and misappropriation and the law of ideas. Students will be expected to complete a substantial research paper on a topic relevant to the course. Prerequisite: Survey of Intellectual Property or Trademarks and Unfair Competition
Advanced Topics in Workplace Law (73353)
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.
American Legal History (70837)
This course examines principally nonconstitutional dimensions of American legal development during the “long nineteenth century” roughly from 1780 to World War I. The course is divided into two segments. The first, which focuses on the relationship between law and economic development, will examine the restructuring of institutional arrangements affecting private law adjudication, and ensuing developments in the law of contract, the law of property, corporate law, tort law, commercial law, and antitrust. The second, which focuses on developments in family law, will examine the evolution of the law concerning promises to marry, matrimonial eligibility, the property rights of married women, the law of divorce, and laws regulating the status of children. Students will be evaluated based on class participation and a three-hour, closed-book final examination.
Analytical Methods for Lawyers (70124)
(3-0-3) M. Barrett
This course, designed for students with no training or experience, explores the application of analytical methods from the social sciences and the business profession to the practice of law. The course introduces essential concepts and analytical methods from economics, game theory, accounting, finance, and statistics to prepare students for legal practice in the modern world. These methods provide especially important and useful tools to lawyers practicing law; failure either to recognize an opportunity for using a method or to question the improper application can adversely affect a client’s interests. The course seeks to apply analytical methods to real legal problems, such as the appropriate measure of damages or the decision whether to settle a case. In addition to litigation and negotiation, legal applications include environmental law, corporate law, criminal law, employment law, antitrust, and intellectual property. Ultimately, the course seeks to train students to recognize when an analytical method might apply to a legal situation and to understand generally how to use that method effectively. The course includes a final examination. Students who have majored, minored, or earned advanced degrees in accounting, economics, or finance must obtain the permission of the instructor to enroll in the course.
Antitrust Law (70117)
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.
Animal Law (70915)
This course will examine statutes, administrative law, and common law related to the regulation of animals in the United States. Topics covered will include legal issues associated with various human uses of animals (research, industry, entertainment, etc.), legal classifications of animals as property, how the law impacts companion animals, and current animal protection laws. The course will encompass a wide array of substantive areas including constitutional law, criminal law, administrative law, torts, contracts, consumer protection law, wills and trusts, domestic relations, and comparative law.
Antitrust, Technology & Intellectual Property Seminar (73117)
This seminar will engage in an in-depth analysis of the main issues raised by the application of antitrust to technology markets, which have drawn significant public and legal attention in recent years. Topics to be addressed include the extent to which antitrust laws promote overall market efficiency, as well as factors that distinguish and shape technology markets, including network effects, the need for standardization, and the centrality of research and development efforts.
Appalachia Externship (75800)
The Appalachia Externship is a one credit academic externship. Students spend their fall break or spring break providing pro bono legal services at the Appalachian Research and Defense Fund of Kentucky (AppalReD), which is the federal and state-funded low income legal services provider for the Appalachian region of Eastern Kentucky. Students engage in several classroom preparation sessions and reading assignments exploring the culture, social issues, and legal problems of the Appalachia region. Students keep a daily journal during their field work and write a brief paper upon their return. This course does not meet the Skills Requirement. > Read More
Appellate Advocacy Seminar (73314)
Appellate Advocacy Seminar is an advocacy-oriented look at the appellate process. The course involves the study of the appellate courts, state and federal, as institutions in the judicial system - their role and manner of operation - and the important role of appellate advocates in the appeals process. We will cover key limitations on the operation of appellate courts, such as appealability and jurisdictional doctrines, and special doctrines applicable to the Supeme Court of the United States. We will also explore what constitutes effective written and oral advocacy at the appellate level. Students will also have the opportunity to hone their oral arguments skills through in-class moot court exercises. In lieu of a final exam, students will write a brief and present oral argument.
Appellate Review of Trial Court Decisions (73312)
Examines various types of appellate review – findings of fact and conclusions of law; pure question of law; constitutional error; mixed questions of law and fact; review of administrative decisions; and judicial discretion. Each student will write a research paper.
Applied Mediation (70726)
This course is open to second- and third-year law students interested in providing mediation services to individuals currently litigating disputes in the courts of St. Joseph and surrounding counties. Through this course, students will have the opportunity to serve as mediators in actual cases involving both civil and domestic relations matters, including child custody, support, parenting time, landlord-tenant disputes, contract disputes, and other matters referred by the courts for mediation. The classroom component of the course will focus on the development of mediation skills and exploration of advanced mediation topics.
Applied Mediation II (70728)
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 and Financial Institutions Law (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)
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)
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)
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 Reorganizations in Bankruptcy (Law 70116)
Studies in-depth business reorganizations as they are effectuated under Chapter 11 of the Bankruptcy Code. Focuses on the process of reorganizing a failing business under Chapter 11 of the Bankruptcy Code including: the preliminary steps in filing the case; ethical issues associated with the commencement of the case and retention of professionals; the initial stages of the bankruptcy proceeding including the stay of pending lawsuits, securing financing and selling assets; conducting the reorganization and managing the debtor’s business; dealing with the debtor’s contracts; the adjudication of claims by and against the estate; the restructuring of the debtor’s capital structure; the confirmation of a plan of reorganization; and the issues that arise following the bankruptcy. Neither secured transactions nor introductory bankruptcy are a prerequisite for this course.
Business Torts (70109)
Addresses a form of commercial litigation that has become popular in federal and state courts. Covers commercial defamation, trade libel, deceptive advertising, and fraudulent transfers. Also analyzes enforcement of and defense against Uniform Trade Secrets Act claims, claims concerning employment covenants-not- to-compete, and covenants-not-to-compete ancillary to the sale of a business. Paper requirement.
Canon Law of Marriage (70509)
Studies the principal canons on matrimony of the 1983 Code of Canon Law in their historical and doctrinal contexts. Topics covered include the canonical definition of marriage and its ends and properties; canonical preparation for marriage; the requirement of faith; the nature of consent; impediments; mixed marriage; dissolution of the bond; separation; convalidation; and sanation. Includes an examination of the procedural canons pertinent to matrimonial cases, and of jurisprudence regarding capita nullitatis (grounds for nullity) of particular relevance to practitioners in church courts.
Civil Procedure (60308)
(4-0-4) Bauer/A. Barrett/Robinson/Tidmarsh
Examines the procedures used to resolve civil litigation, with an emphasis on litigation in federal courts and on federal constitutional provisions also relevant in state court. Addresses jurisdictional principles and procedural doctrines involved in structuring a lawsuit; commencing a lawsuit; developing facts and narrowing legal claims during pretrial; trying a lawsuit; and determining post-trial consequences of a judgment. Also considers the extent to which state law must be applied in federal court. If time permits, explores settlement and other alternative methods for resolving disputes.
Civil Rights (70360)
(3-0-3) Mason McAward
Primarily examines the processes by which federal constitutional and statutory rights are enforced in federal and state court against officials and private citizens. Focuses on 42 U.S.C. sec. 1983 and the doctrines that surround this statute. Also focuses on other Civil War- era legislation that grants substantive civil rights’ especially 42 U.S.C. sec. 1981, 1982, and 1985. If time permits, examines selected aspects of modern civil rights legislation concerning sex discrimination, and of how civil rights remedies are enforced in cases of structural reform.
Communications Regulation (70904)
(2-0-2) P Bellia
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.
Community Development Clinic I (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 (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)
Comparative constitutional law will focus primarily on the United States and Germany. Where important and relevant, however, constitutional cases from Canada, Africa, and the European Court of Human Rights, particularly as they relate to free speech, church-state relations, and right-to-life issues, will also be discussed. Three reasons explain the seminar’s particular focus on Germany during the spring semester. First, Germany’s Basic Law (i.e., its Constitution) and its Federal Constitutional Court (FCC) have replaced the U.S. Constitution and Supreme Court as the leading models of constitutional governance around the world. Second, and relatedly, other leading constitutional courts, from Eastern Europe to Asia, have been heavily influenced by the FCC’s constitutional case law. Finally, the instructor is revising The Constitutional Jurisprudence of the Federal Republic of Germany (2nd ed., 1997), this time with a coauthor and would like to share with the seminar several new and updated chapters currently in preparation. The seminar’s limited geographical focus during the semester also allows the class to spend more time on various contextual factors, e.g., the political system, judicial organization, legal culture, and constitutional history that may illuminate the work-product of the German and American courts. The seminar will be limited to 12 students. Course materials will consist of The Constitutional Jurisprudence of the Federal Republic of Germany (2nd ed.) and distributed materials consisting of revised and updated chapters of Constitutional Jurisprudence along with full English translations of selected FCC decisions handed down since 1997. A major seminar paper, which members of the seminar will present toward the end of the semester, will be required in lieu of a final examination.
Complex Civil Litigation (70316)
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)
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)
(4-0-4) A. Bellia/R. Garnett/Kelley
Examines the structure of our government as defined by the federal Constitution, Supreme Court precedents interpreting that document, and the traditional practice of the elected branches. Focuses on the distribution of power among the three branches of the federal government, and the division of power between the federal government and the states.
Constitutional Law II (70305)
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).
Presents a comprehensive study of the creation, transfer, and termination of contract rights and duties.
Contract Theory Readings (73105)
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 Governance: Economic Analysis (73126)
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
Comparative Legal Traditions (70407)
This course will examine the religious and philosophical foundations of the world’s major legal traditions: Civil, Common, Chthonic, 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.
Corporate Reorganizations – (70116)
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 (75716)
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.
Criminal and Forensic Evidence (70205)
For the student interested in criminal law, explores how the law of evidence is applied in criminal cases. Considers how certain rules of evidence are used more often (if not exclusively) in the criminal context. Examines the admission of co-conspirator statements; prior bad acts evidence offered to prove the defendant’s “motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident”; evidence of a pertinent character trait; evidence of an alleged rape victim’s past sexual history; autopsy and crime scene photographs; and courtroom demonstrations. Additionally, helps students develop an understanding of scientific techniques used in the courtroom beyond just the basic tests for admission of expert testimony (i.e., DNA testing, ’profile’ evidence and ’syndrome’ evidence.)
Criminal Justice Policy - Restorative Justice (70429)
This course presents the philosophy of restorative justice and an overview of its application in criminal justice and other contexts, along with a critique of restorative justice as practiced in the US and internationally. Content includes exposure to the practices primarily associated with restorative justice, key developments in relation to the field, and critical issues currently challenging it. Students will gain an appreciation of the role, the potential, and the limitations of restorative justice, and an ability to participate effectively in discourse about whether, when, or how restorative justice should be reflected in criminal justice policy.
Criminal Law (60302)
(4-0-4) Blakey/N. Garnett/Gurule
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.
(3-0-3) P. Bellia
Focuses on fundamental questions about how, if at all, existing legal rules should apply to new technologies. Explores various legal and policy problems that arise in cyberspace, including: issues of sovereignty and jurisdiction; legal and technological regulation of online speech; issues of privacy, anonymity, and accountability; computer crime; and ownership and protection of intellectual property in digital form.
Deposition Skills (75715)
(3-0-3) Conway/K. Gallagher/N. Hanig/Hayes/Kalamaros/Kelver/Kuehn/LaDue/Mueller/O’Rear/Reilly/Seckinger/Sullivan
Studies the skills, techniques, tactics, strategies and ethical considerations of witness preparation for depositions and the taking and defending of depositions under federal and state rules of civil procedure. Meets twice a week: One meeting consists of a 60-minute lecture, demonstration, and discussion of the analytical framework for the preparation, taking, and defending of depositions; the other meeting consists of a 75-minute learning-by-doing laboratory session. Each laboratory session will be videotaped, with each student receiving an individual videotape.
Directed Readings (76101)
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 (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: Professional Responsibility (LAW 70807 or LAW 70808)
Economic Justice Clinic II (75723)
(V-0-V) credits 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)
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)
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)
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.
Entertainment/IP Law (73905)
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)
Provides a survey of most of the major federal environmental laws, exploring foundational issues of environmental ethics, politics and economics in these various legal contexts. The course focuses on analyzing the variety of existing and potential regulatory mechanisms for protecting and regulating usage of the environment, including more recent initiatives like market-based schemes, cost-benefit analysis, information disclosure, and technology forcing. In addition, the course will use hypothetical simulations to explore applications of environmental law as practiced from the perspective of environmental groups, government agencies, and regulated entities.
Estate and Gift Taxation (70607)
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.
(4-0-4) A. Barrett/Dailey/Smithburn
Studies the legal principles governing the proof process in judicial proceedings, with an introduction to techniques of presentation. Analyzes common-law and federal rules of evidence.
Faith, Morality and Law (70844)
Looks at the relationship between faith, morality, and law at key points in the Christian tradition, as well as in relationship to contemporary issues. Section One will examine the relationship between the moral law and Christian life by looking at key passages from the New Testament in their historical context, as well as classic Protestant and Catholic views of the subject. Section Two will consider the relationship of law and morality in a pluralistic society. Section Three will look at the responsibilities of Christians who find themselves in an unjust legal system. We will consider the possibilities and limits of civil disobedience (e.g., Martin Luther King, the Berrigans), and the call to martyrdom (e.g., Sophie Scholl and the White Rose Movement). The course will be a combination of lecture and discussion. There will be an open-book exam, and the possibility of meeting the upper-level writing requirement for students who wish to do so. Enrollment limited to 25.
Family Law (70503)
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.
Family Law: Selected Topics Seminar (73505)
This two credit seminar explores the concepts of marriage, family and parenthood in a changing social environment in which the law tries to keep pace. Central to the development of modern family law are constitutionalization, federalization, and internationalization, which in some situations have created an interesting blend of (traditional) private family law and public law. Students will read assigned cases and statutes and excerpts from scholarly articles and write a research paper. Family Law is not required.
Federal Courts (70311)
(3-0-3) A. Bellia
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 Practice (70365)
Taught by a former federal prosecutor and present white-collar defense attorney, focuses on strategic thinking in federal criminal litigation, as well as topical issues facing federal-criminal practitioners today. In particular, the course focuses on critical substantive issues in federal criminal law. The course further analyzes the chronology of complicated federal- criminal investigations beginning with issues relating to the start of investigations by federal authorities, continuing with grand-jury proceedings and indictment, and finishing with strategic issues relating trial and sentencing. With regard to these stages, the instructor will present issues that the government, corporate counsel, and criminal-defense counsel face, such as the propriety of various undercover techniques, decisions regarding joint representation of targets and relating to joint-defense agreements, and strategies regarding plea negotiations.
Federal Income Taxation (70605)
(4-0-4) M. Barrett/Kirsch/Mayer
Functionally introduces basic concepts of federal income taxation including gross income; exemptions; allowable deductions and credits; accounting methods; assignment of income; capital gains and losses; and certain nonrecognition transactions.
Federal Indian Law (70280)
(2-0-2) David Smith
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)
(2-0-2) A. Bellia
This seminar examines what the Supreme Court has described as the oldest question of constitutional law in America: the relationship between national and state governmental authority. It considers the history, political theory, and constitutional doctrine of federalism, addressing relationships between and among political and judicial institutions in the American federal system. Though the focus of the seminar is on American federalism, the matters examined implicate questions involving international law and comparative analysis. Readings include historical materials, scholarly analyses, and judicial cases.
Freedom of Religion Seminar (73306)
Focuses specifically on the relationship between law and religion, under the United States Constitution and beyond. Thus, our focus will be on the law of the Free Exercise and Establishment Clauses of the First Amendment, although we will also have occasion to discuss broader philosophical questions concerning the relationship between religion and politics, the intermediary role of religious institutions, and other issues.
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)
Provides students with the opportunity to live for a few days in the inner city (Chicago, New York, Los Angeles, and other cities) to learn the legal needs of the urban poor, and to observe the ways in which these needs presently are met. As a result, students develop ways to incorporate their religious and ethical value systems into their future practice of law.
Gender Issues & International Law Seminar (73320)
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.
Human Rights Honors Paper (88701)
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)
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)
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
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
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.
Information Technology Law (70132)
Provides a broad-based analysis of the legal issues confronted in today’s information technology (IT) arena. It provides a foundation of the basic intellectual property concepts upon which IT activities and transactions are based; the transactions, such as the licensing of software or information resources, the outsourcing or hosting of services or information, development of software or websites (along with the allocation of associated rights); and the challenges posed by e-commerce. It also addresses existing and pending laws and regulations impacting the use of IT systems, including electronic privacy and security mandates, commercial law related to IT, and the use of electronic signatures. The course examines potential liabilities based on the operation of IT systems, including Internet-based problems (e.g., hacking, denial of service, cyber-torts), domain name/trademark issues, and intellectual property concerns, including the impact of the Digital Millennium Copyright Act. The course also addresses the attorney’s and client’s responsibilities in potential or actual litigation with respect to electronic discovery and handling of electronic evidence.
Insurance Law (70910)
Insurance combines concepts from contracts with the idea of risk in a setting where regulation is important. We will discuss the common kinds of insurance - property, casualty, life, health, and automobile – and will probably have time to briefly examine the reinsurance market.
Intellectual Property and Law Clinic I (75724)
The Intellectual Property and Entrepreneurship Clinic is a 5-credit, letter-graded course providing training in basic lawyering skills, including interviewing and counseling, as well as substantive law. The classroom component of the course uses an interactive approach including lectures and mock lawyering exercises. Through this course student will work directly with clients on intellectual property issues, such as patentability searches and provisional patent applications, trademark searches and registration, as well as intellectual property license issues and agreements.
Intellectual Property and International Justice (73115)
Covers patents and access to medicines, copyrights and access to scientific research, the problem of piracy and Internet distribution models, etc.
Intellectual Property and Norm-based Alternatives (73119)
This seminar will contrast the formal legal protections of intellectual property law with the informal, non-legal, self-regulatory mechanisms that have emerged in a variety of creative industries. Comedians, chefs, magicians, roller derby enthusiasts, and tattoo artists have developed complex, nuanced, and informally-enforced norms, attitudes, and expectations surrounding creative production. We will consider these norm-based alternatives, the motivations for their adoption, and what they might teach us about intellectual property law and policy.
Intellectual Property Law Clinic II (75728)
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 (70907)
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.
Intercollegiate Athletics Externship (75908)
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)
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 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)
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)
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)
The purpose of law is the peaceful settlement of disputes. This is as true of law in the international community as any national or local one. The international community has developed sophisticated rules and procedures to resolve every type of human question from how to enforce an international contract for the sale of goods to how to prevent an inter-state dispute from escalating to nuclear war. Indeed, some procedures, such as arbitration, have been used at the international level long before they became common within states. This course concerns the full range of the procedures developed under international law for resolving international disputes. The course will introduce students to international negotiation, mediation, fact-finding, conciliation, arbitration, and judicial settlement. These methods are used daily by lawyers, diplomats, business people, and anyone confronted with a dispute that implicates an international boundary. We will learn about the range of problems and the way the methods work by studying a wide variety of disputes.
The course will also have a practical aspect. To give students experience in using the methods of international dispute resolution (IDR), teams of students will be assigned to work on several of the most dangerous territorial disputes currently challenging the world’s diplomats. Students will research the facts of each dispute and recommend a method for resolving it. They will then attempt to reach a settlement using the method selected together with students representing other interests implicated in the dispute. The dispute between Pakistan and India over the region of Kashmir is an example of a territorial dispute likely to be assigned in the course. One team will represent Pakistan and another India.
The final grade in the course will be based on regular participation in class, participation in the territorial dispute resolution exercise, and a final paper of about 25 pages on the student’s assigned problem. We will use the casebook, Mary Ellen O’Connell, International Dispute Resolution, Cases and Materials (Carolina Academic Press 2006) and handouts. The course is also designed to introduce students generally to international law as well as to provide a more thorough understanding of IDR for students who have already had a course in international law. There are no pre-requisites for the course. It is open to all law students and students earning the M.A. in peace studies.
International Law (70401)
We live in a world where knowledge of international law is increasingly essential. Think only of such commonplace legal issues as foreign adoptions, pirate attacks on cargo vessels, international bank failures, government subsidies to troubled industries, defective products manufactured abroad, flu pandemics, or water shortages. This is the world of today. It is a world where boundaries matter less and international law matters more. For this reason, international law is increasingly a required course at American law schools. Even where it is not required, virtually every student takes the course at many top law schools. These students want to be ready for the practice of law in the 21st century. International law is the relevant law for activities that cross national boundaries. It is a complete system of law with its own methodology for law-making, application, and enforcement. No course in the first- year law curriculum prepares students for law practice involving international matters. Only a course in international law can do that. Our course is designed to introduce students to the international legal system in general, the source of international law’s authority, the source of its rules, and its primary processes. The course will also introduce students to major subfields of international law such as diplomatic law, law of the sea, human rights, law of armed conflict, environmental law, international organization law, and international dispute resolution. International law is a prerequisite for several advanced courses offered at Notre Dame, including International Law & the Use of Force (LAW 73428), International Environmental Law, and International Art Law (LAW 73402). The course will use a new edition of one of the leading international law casebooks: The International Legal System (6th ed. 2010). The first authors were Joseph Modeste Sweeney, Covey T. Oliver, and Noyes Leech. The current authors are Mary Ellen O’Connell, Richard T. Scott, and Naomi Roht-Arriza. The book will be going through final editing during the fall and will be available to students in the course at a deep discount as a course pack.
(may not have taken Law 74401)
Introduction to International Human Rights (70417)
A foundational course in international human rights law. Focuses primarily on examples from United Nations-related human rights regimes, and examines the historical and jurisprudential bases of international human rights law; the normative frameworks of the principal universal human rights treaties; and of customary international law and the institutional mechanisms for interpreting, monitoring compliance with, and enforcing those norms. Prerequisite: There are no pre-requisites for this course, although it is recommended that students take International Law (LAW 70401) before taking this course.
Introduction to International Human Rights Research and Writing (70413)
Introduces participants to the resources available within the University to aid research in the field of human rights. Also provides ideas and suggestions for the choice of research topics, methods, and writing styles. Enrollment: required of, and limited to, participants in the human rights LL.M. program
Investment Management Law (70112)
This course introduces students to the financial and legal mechanics of the investment management business with a focus on the regulatory regimes which govern the behavior of private investment funds and their sophisticated investors. The course will begin with an overview of the variety of distinct activities which are broadly referred to as the financial services industry, along with an introduction to the various regulatory schemes governing these activities. Key elements of the major federal securities laws particularly as they affect private investment funds will be examined: Securities Act of 1933, Securities Exchange Act of 1934, Investment Company Act of 1940, and Investment Advisers Act of 1940. Specific topics will include structures, legal relationships and tax considerations relative to private investment vehicles such as venture capital funds and hedge funds; exemptions from registration requirements for securities offerings, investment advisers and investment companies; trading and reporting requirements; and the use of derivatives and contracts documenting OTC derivatives transactions, specifically the standard ISDA agreements. The final several sessions will cover select topics arising from the global financial crisis that began in 2008, including ethical dimensions of lending practices and conflicts of interest arising from government intervention, as well as policy issues relative to the restructuring of the regulatory environment in response to the financial crisis.
Suggested pre-requisites: Business Associations (Law 70101 or 74101 and Securities Regulation (Law 70107).
Journal of College and University Law (co-curricular) (75739)
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.
Judicial Politics (70285) crosslisted from POLS 60037
The goal of this course is to introduce students to the social scientific study of law and courts in American politics. The course will focus on two questions: First, what factors – legal ideological, strategic, institutional, or otherwise – influence the behavior of judicial actors? Second, what are the effects – social, political, or otherwise – of judicial behavior and institutions? Students will explore (1) seminal works that have defined the principal questions in the field, (2) prominent and cutting-edge answers to these questions, (3) both traditional and alternative methodological approaches, and (4) avenues for future research. Topics will include judicial selection, agenda setting, decision making, independence, legitimacy, policymaking, hierarchy, compliance, implementation, and impact. Although the course will focus on the study of the U.S. Supreme Court, we will also consider the study of lower federal courts and state courts.
Judicial Process Seminar (73311)
Affords students the opportunity to confront the question that Justice Cardozo presented in his famous work on the judicial process: “What is it that I do when I decide a case?” Through class discussion, explores the intellectual roots of the American judicial tradition and addresses the problems that confront that tradition in the modern American courtroom. Explores critically the judicial role in the common-law context, in modern statutory interpretation, in administrative practice, and in constitutional adjudication. Helps students appreciate how the judicial mind goes about the craft of deciding a case in the hope that the student, once admitted to practice, will be able to better respond to the needs of that mind and therefore, will be a better advocate. While constitutional law is not a required prerequisite, it is helpful to have a background in that area. Some time is spent in acclimating students to the responsibilities of a federal or state clerkship. Requires a term paper on a topic approved by the instructor.
J.S.D. Dissertation (88703)
Enrollment: limited to students in the J.S.D. program in international human rights law.
J.S.D. Nonresident Dissertation (88705)
Enrollment: limited to students in the J.S.D. program in international human rights law.
JSD Seminar (83429)
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.
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.
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.
Examines through lectures, readings, and class discussions the fundamental theories of the meaning of the rule of law in Western society, including skepticism, natural law, natural rights, positivism, realism, economic analysis, critical legal studies, feminist jurisprudence, critical race theory, and postmodernist jurisprudence. Critiques the contributions of Aristotle, Plato, Pyrrho, Cicero, Justinian, Aquinas, Bacon, Locke, Hume, Bentham, Austin, Hart, Posner, Jhering, Pound, Holmes, Llewellyn, Frank, Marx, Wittgenstein, Habermas, Quine, James, Neitzsche, and others.
Juvenile Law (70501)
Surveys the juvenile justice system “past and present” including substantive law dealing with children as both perpetrators and victims; arrest and investigation of juvenile delinquency; intake and diversion; rights of children in public schools; whether to treat the child as an adult; adjudication; dispositional and post-dispositional proceedings; abuse and neglect and dependent children; medical and psychological issues; rights of foster parents; mental-health commitment of children; special advocacy for children; and termination of parental rights.
Labor and Employment Law (70353)
Examines how both the common law and the statutory law impact the employment relationship in the private sector. Gives special attention to contract- and tort- based exceptions to employment-at-will, the National Labor Relations Act, and the role of unions in the workplace.
Land Use Planning (70345)
(3-0-3) J. Kelly
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, Business and Catholicism (73837)
This seminar examines the centuries long Catholic teaching and philosophy relating to law and business. From pre-Christian writers who anticipated the Catholic intellectual tradition, such as Aristotle, through the modern era, the seminar will conduct a survey of the Catholic perspective on the nature of law, the nature of business and their relationship. Topics to be considered will include, the relationship between natural and human law, the obligations and limitations on human law making, usury, just price doctrine, private property, corporate governance, and the conflicting claims of capitalism and socialism.
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)
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 & Human Development in Practice (73430)
This seminar is designed primarily to support students in Program on Law and Human Development summer research internships and in other NDLS experiential learning internships/externships on global justice issues. A broad range of topics related to law and human development will be explored, and students will complete in-depth writing projects (such as case studies, research papers, or extensive reflection pieces), typically defined by their summer experience. This seminar will help students gain a deeper understanding of the situations they confront in research or experiential learning experiences by building their capacity to investigate and reflect upon complex, real-world issues in human development. Specifically, they will: have a clear understanding of the theoretical, historical and practical features of the emerging field of law and human development, including the human capabilities approach and Catholic Social Tradition’s contributions; explore how various legal approaches relate to human development; and develop skills necessary to research and critically evaluate law’s role in advancing or hindering human development in specific, concrete situations.
The classroom meetings for this seminar will be offered in two parts, before and after summer internships/externships. The first part of seminar sessions will engage the students in the course topics through readings, other media, and classroom discussion. Each student will identify a major research topic in law and human development based upon their summer intern/externship placements. Students will prepare a detailed research proposal (including research questions and methodology, bibliography, list of contacts and resources on the ground, and preliminary outline). Over the summer, they will present for approval an extensive final outline of their paper, and then prepare a draft, of 20-30 pages minimum. This draft paper will be shared and vetted during the second part of seminar sessions, in oral and written formats. In a structured manner, students will present their work to the class as well as provide feedback on classmates’ work. The final draft of the paper will be submitted at the end of this second set of meetings; it is expected that a number would be candidates for publication.
The two seminar sessions of one credit each will be offered for a total of two credits. The spring semester session will meet over one week between finals and graduation in May; the second session in the fall semester takes place over seven weekly meetings August-October. The instructor will authorize student registration in the course based upon acceptance to PLHD and other summer internships/externships and academic qualifications for up to nine participants.
Law and Morality in Contemporary Jurisprudence (73834)
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. Laptops, cellphones, or other electronic devices may not be used during class time.
The course will meet from 5:15-7:25 three times a week during its first two weeks (Tues/Wed/Thurs 19/20/21 and 26/27/28 March), twice a week during the ensuing weeks (Tues/Wed 2/3 and 9/10 April), and once during the last week (16 April). On this last meeting of 16 April 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) for each one of the seminars. Other than that, the syllabus will include further, optional readings.
Law & Psychology (70845)
This course will explore issues at the intersection of law and psychology. The course will consider a wide variety of ways in which the disciplines of psychology and law relate to one another, including how our understanding of human behavior shapes the way that laws are created and how the law, in turn, shapes human behavior. More broadly, we will consider what psychology tells us about the role of law in society: how law is perceived, and what factors lead to increased respect for the law. More narrowly, we will consider the ways that psychology as a discipline plays a role in the legal system. We will also touch on the psychology of lawyers themselves. Our readings and discussion cut across a wide swath of substantive law topics, including contracts, torts, criminal law, civil procedure, corporate law, and dispute resolution. The course also highlights the relationships between law & behavior, law & rationality, law & utility, law & society, and law & emotion.
Law and Theories of Employment (73354)
A variety of statutory schemes are dependent on the concept of employment to convey the scope of their coverage. The legal definition of employee has been developed from common law “master and servant” doctrine, with further refinement to define the “scope of employment.” But instead of using employment to impose liability on firms, employee-related statutory schemes generally single out employees for special regulatory protection. What is the law’s definition of employment, and what are the theories behind this definition? This course will begin by looking closely at different theories of employment, drawing on economic literature about the theory of the firm and sociological literature about the role of work in our culture. We will then take a close look at the common law conception of employment, as well as a series of specific statutes – Title VII of the Civil Right Act, National Labor Relations Act, ERISA, OSHA, Fair Labor Standards Act, and Family and Medical Leave Act – to determine the role of employment in law and better understand the purpose for these protections. The course will require a substantial paper sufficient to satisfy the upper-level writing requirement.
Law at the End of Life Seminar (73829)
This two-credit seminar meets for 100 minutes weekly for fourteen sessions. In it, we will study the law applicable to a few of the most pressing end-of-life legal issues that confront the United States and other technologically advanced nations today. The law in question in this seminar will usually be the federal constitutional law of the United States, the law (statutory and decisional) of one or more of the states of the United States, or a uniform law that the National Conference of Commissioners on Uniform State Law has proposed and that has been widely adopted by the states of the United States. On occasion we will consider the legal regime governing end-of-life issues that other nations have created in recent years. Students taking this course will be expected to attend and to participate actively in each session of this seminar and to write a paper that is at least twenty pages long on a law-at-the-end-of-life topic that is agreed upon between the student and me by September 14th of this year. A rough draft of that paper will be due by November 2nd and the final draft will be due by December 21st.
Law of Education (70313)
(2-0-2) N. Garnett
Examines selected legal aspects of education including students’ rights, teachers’ rights, desegregation, educational finance and church-state matters.
Law of Higher Education Seminar (73313)
(2-0-2) N. Garnett
This seminar course will canvass a number of legal issues faced by colleges and universities, including academic freedom, tenure, religion and higher education, financial aid, admissions and affirmative action, finances, students’ rights and responsibilities, universities’ responsibilities to students, intellectual property questions, and collegiate athletics. Where appropriate, students will be asked to engage in a comparative evaluation of these issues at public v. private/religious colleges and universities. Research paper required.
Law of International Trade (70433)
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)
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 (Law 75736 fieldwork and 70736 instruction)
(3-0-3) (4-0-4) 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.
Legal Aid (co-curricular) (Law 75725)
(V-V-2) Fox/Jenuwine/JonesStudents who have completed Legal Aid I & Ethics may earn one or two credits of additional academic credit through clinical work tailored to the interests of the student. Opportunities are limited. Enrollment is by permission of the instructor.
Legal Change Seminar (73310)
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 – Summer (75731)
Students may earn one unit of cocurricular externship credit for student volunteer legal work of six weeks or more during the summer months in any court, agency, or public or private law office. Externship work must be conducted under faculty supervision, conform to the approved standards of the faculty, and have the advance approval of the assistant dean for students. This one unit of cocurricular credit may count as one of the four maximum allowable cocurricular credits toward graduation requirements but cannot count toward the minimum hours required during any semester for residency. It will be reflected on a student’s transcript.
Legal Externship – Public Defender (75733)
Involves assisting actual public defenders in representing indigent clients at the St. Joseph County Courthouse – Trial and Misdemeanor Division. Students can expect to represent clients in many capacities, some of which include negotiating plea bargains with prosecutors; preparing and conducting bench trials; interviewing and subpoenaing witnesses; writing and filing discovery motions; and other activities within the administration of justice. Students are expected to work at the courthouse one full morning or afternoon each week. Besides the courtroom experience, students must attend class sessions that feature prosecutors, police officers, public defenders, judges, and probation officers lecturing on their duties as officers of the court. Enrollment: limited each semester at the discretion of the instructor.
Legal Externship – Public Defender (co-curricular) (75735)
Students who have completed the externship requirements of LAW 75733 may enroll for additional cocurricular credit. Students may work in the Trial and Misdemeanor Division at the St. Joseph County Courthouse or may assist felony public defenders. Those who work for the felony public defenders must agree to work at least 60 hours over the course of the semester. Prerequisite: Legal Externship – Public Defender (LAW 75733) Enrollment: limited each semester at the discretion of the instructor.
Legal Externship – Public Defender – Ethics (70803)
Involves formulating solutions to ethical problems in the criminal justice system. Meets once per week. May be graded at the option of the instructor. Satisfies Ethics II requirement. Pre- or co-requisite: Legal Externship – Public Defender (LAW 75733)
Legal Interviewing & Counseling (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 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 Writing I (60705)
(2-0-2) Callahan/Douglas/Pojanowski/Ratigan/Simon/ Venter
Introduces students to the world of legal discourse and provides instruction, experience, and guidance in learning to write legal documents. Emphasizes writing as a process and focuses on prewriting, drafting, and revising strategies designed to produce effective written work.
Legal Writing II (Moot Court) (60707)
(1-0-1) Callahan/Douglas/Pojanowski/Ratigan/Simon/ Venter
Introduces students to techniques of appellate advocacy. Requires each student to brief and argue one appellate moot court case.
Legislation & Regulation (Law 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. Students who have already taken either Statutory Interpretation or Administrative Law may not take Legislation & Regulation.
LL.M. Thesis (88700)
Requires written work of substantial quality completed under the direction of a faculty sponsor. Enrollment: limited to students in the human rights LL.M. program
Local Government Law (70317)
(3-0-3) N. Garnett
Examines the laws regulating the relationships between local governments and their citizens and between local governments and state and federal governments. Covers forms of local government; the scope of local governmental power; statutory and constitutional limits on local governments; provision, financing, and privatization of services; annexation, secession, and other boundary issues; inter-local cooperation and conflict, especially between cities and their suburbs; and the growth of "private" regulatory bodies.
Medieval Legal History Seminar (73835)
Studies the formative period of the Anglo-American legal system using 14th-century yearbooks and other materials from the same period.
Mergers & Acquisitions (70127)
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)
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
(2-0-2) A. Barrett
Explores the major theories and themes that inform the debate about how to interpret the United States Constitution.
Moot Court International (co-curricular) (75745)
Students will be assigned a problem at the end of the first week of fall semester and will write a bench memo on the problem, to be graded anonymously. Students will then present a brief oral argument on the bench memo. Team members will be chosen based on the bench memo and oral performance. Students who are chosen for the team write a brief in conjunction with a partner based on a problem assigned by ILSA in November. There are usually four issues (each person writes on two). Briefs are due by early January and the oral competition known as the Jessup International Moot Court Competition is held in Chicago in February. If the team advances, the finals are held in Washington, D.C., in early April and consist of teams from all over the world. Pre- or co-requisite: International Law (LAW 70401 or 74401)
Moot Court – Trial (co-curricular) (75747)
(V-0-V) K. Singer/Williams
NDLS has two (2) mock trial teams that compete in national competitions. The American Association of Justice (AAJ) team competes in the AAJ Student Trial Advocacy Competition. The Barristers team competes in the National Trial Competition (NTC), one of the most prestigious in the country.
Students tryout and are chosen for the both Teams during the first week of classes in the fall. It is very helpful to have already taken Comprehensive Trial Ad or be enrolled in the Fall Intensive Trial Ad course prior to tryouts. Students who make the teams must then enroll in the fall Moot Court Trial Class. Each team will potentially be made up of a mixture of 2L’s and 3L’s.
The Moot Court Trial Class is designed specifically to prepare students for competition. The class is a combination of lecture and performance.
Morality and the Law (70843)
Examines in detail the central jurisprudential issue of this century – the relation between the human law and the higher law as that law is seen in the natural law and revelation. Focuses on the Treatise on Law by St. Thomas Aquinas and its intellectual foundations. Emphasizes original sources in the examination of Marxist, natural rights, utilitarian, positivist, and other theories of law. Readings include Aristotle, Cicero, Aquinas, Kant, Hobbes, Locke, Rousseau, Jhering, Savigny, Bentham, Mill, Stephen, H.L.A. Hart, Devlin, Kelsen, Austin, Holmes, Pound, Rommen, Solzhenitsyn, and Pope John Paul II. Studies the theoretical and practical differences among the various approaches, with particular reference to issues involving legal personhood, the inception and termination of life, the legal status of the family, economic justice, national defense, and other matters. Includes an evaluation of these issues with reference to the social teachings of the Catholic Church.
National Immigrant Justice Center Externship (75734 and 70730)
3 credits total – Koop
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.
Natural Resources Law – Huber
Provides a grounding in negotiation theory, examines negotiation strategies and tactics, and provides students with an opportunity to implement theory and practice through a series of negotiation simulation exercises.
Negotiation Theory Seminar (73728)
This seminar will focus on the empirical and theoretical study of negotiation. It is helpful, but not required, for students taking the class to have previously taken a basic course in negotiation or its equivalent, as rudimentary knowledge of negotiation theory and practice will be assumed. The seminar will offer an interdisciplinary perspective on the negotiation process, exploring negotiation from the perspective of law, psychology, and economics, including topics such as utility and game theory, cognitive biases, distributive and procedural fairness, and professional ethics. A final seminar paper in the course, along with an in-class presentation, is required.
Not-for-Profit Organizations (70121)
Examines the legal regulation of not-for-profit organizations under both state law and federal tax law. Topics covered include an overview of the not-for-profit sector; formation and dissolution of not-for-profit organizations; operations and governance, including the legal duties and liabilities of directors and trustees; regulation of charitable solicitation; requirements to qualify and maintain tax-exempt status under federal and state law; the unrelated business income tax; the distinction between public charities and private foundations; and basic charitable giving strategies. The course will include a final examination.
Notre Dame Law in Chicago Seminar (73760)
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 Chicago Field Placement Externship (75760)
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
Notre Dame Journal of Law, Ethics and Public Policy (co-curricular) (75751)
Third-year staff members may earn one unit of academic credit each semester for editorial work on the Notre Dame Journal of Law, Ethics and Public Policy.
Notre Dame Law Review (co-curricular) (75749)
(V-0-V) A. Bellia
Second- and third-year students may earn academic credit by researching, writing, and editing material in conjunction with the preparation for publication of the Notre Dame Law Review.
Patent 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 Litigation (73909)
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)
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.
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.
Professional Responsibility (70807)
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.
Real Estate Transactions (70111)
(3-0-3) K. Pruitt
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)
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: Comparative and International Perspectives (73304)
This course considers the relationship between law and religion from a comparative and international perspective, with particular attention given to the topic of religious freedom. The course begins by examining the history and current status (sociological and legal) of religious freedom. We will then consider the contemporary treatment of religion in various national systems, including the United States, China, and select countries in Europe and South America. The course next addresses the treatment of religion in international law and in various regional and supranational settings such as the European Court of Human Rights and the Inter-American Court of Human Rights. In this context, we will also address the work of the United States Commission on International Religious Freedom. The course concludes by considering a series of case studies that implicate religion and religious freedom such as proselytism, blasphemy laws, defamation of religion and religious hate speech, headscarves and religious dress, gender and family law, education, public religious displays, and religious courts and religious law.
Substantive courses (Contracts, Torts, Property, etc.) address the question of what rights will be recognized and enforced by courts. This course addresses the bottom line – what form will that enforcement take: damages for a plaintiff’s loss (whether compensatory or punitive), recovery of the defendant’s unjust enrichment (restitution), or an order to a party to do or refrain from doing something (injunction). Enforcement of remedies through attachment, contempt, and the like are also be considered, as will the use of injunctive relief in complex institutional-reform litigation.
Secured Transactions (70103)
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)
Examines the federal law governing the distribution of and trading in securities. Focuses primarily on the Securities Act of 1933 and its regulation of public offerings and exemptions from such regulation, with an emphasis on transaction planning. Also covers portions of the Securities Exchange Act of 1934 dealing with securities fraud, with an emphasis on litigation. Pre-requisite (or co-requisite with permission): Business Associations (LAW 70101 or 74101)
Social, Political and Legal Thought of Thomas Aquinas (73809)
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.
Social, Political and Legal Thought of Shakespeare (73807)
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.
Sports Law Seminar (73907)
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.
Street Law (co-curricular)(75732)
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).
The Lochner Era (73309)
This seminar will examine significant developments in the areas of constitutional law governing social and economic regulation in the so-called “Lochner Era,” extending roughly from 1880 to 1940. Attention will be given to restrictions on and changes in the scope of the federal powers to tax, to spend, and to regulate interstate commerce, as well as to limitations placed upon state and federal regulatory competence by the Due Process Clauses of the Fifth and Fourteenth Amendments, the Equal Protection Clause, the Tenth Amendment, and the Dormant Commerce Clause. We will seek to understand how these limitations and developments presented both obstacles and opportunities to regulatory reformers, how they constrained and shaped their legal strategies, and why they succeeded or failed in securing their regulatory objectives. Each student will be required to produce a substantial research paper on a topic chosen in consultation with the instructor.
Addresses the legal rules that determine whether civil liability attaches to conduct that results in harm to others.
Trade Dress and Design Law (70136)
Course takes a cross-sectional approach to the legal protection available for various types of design, such as industrial design and architectural design.
The course differs from traditional intellectual property courses in that it approaches the legal system from a subject matter perspective rather than a particular doctrinal perspective. That is, rather than focusing on trademark law or copyright law in particular and then asking how the doctrine applies to various works, this course starts with the type of work at issue - say, the design of conveyor belt guard rails - and asks what legal protection might be available for the design, looking across doctrinal areas. This is, in many respects, a more realistic portrayal of legal practice: clients, unless they are quite sophisticated, rarely come to lawyers with an issue that announces itself as a "trademark" or a "copyright" issue. Instead, clients come to lawyers with a new product or with a product they would like to develop, and they ask the lawyer to identify the legal issues. Because design implicates a number of legal regimes, looking at design protection through any particular doctrinal area in isolation is an incomplete picture.
Pre-req: Law 70909 or 70134.
Trademarks and Unfair Competition (70137)
This course will provide an in-depth treatment of trademark and unfair competition law, including protection of trademarks and trade dress, federal registration of trademarks, trademark and trade dress infringement, trademark dilution, misappropriation and unfair competition, and the right of publicity. Students will develop and analyze the theories underlying protection of various types of indications and consider the implications of possible substantive changes.
Transactional Law Intensive (75111)
This course is designed to introduce students to the basic transactional law skill sets required and expected of junior associates practicing in the field of corporate, private equity and/or real estate law. The course will emphasize practical knowledge and skills, through a simulated joint venture negotiation between typical joint venture partners in a real estate asset purchase (i.e., a “money partner” and a “property manager”) to provide future transactional law students a basic understanding of (1) the transactional deal process, (2) the Delaware Limited Liability Company Act, (3) basic corporate drafting skills and (4) the business issues associated with a joint venture agreement. These skills will be reinforced through the (1) negotiation and drafting of a Limited Liability Company Agreement, addressing all major (non-tax) business issues, for a proposed Delaware limited liability company, (2) drafting of corporate authority (and related) documents, (3) client counseling on major business concerns and (4) review of the Delaware limited liability company act for statutory framework governing the Limited Liability Companies generally. Students teams will each have a "client" who will be a practicing attorney. The "client" will serve to present various business issues and to provide feedback on agreements being drafted by each team.
This class will be of interest to students who intend to practice as transactional attorneys. By the end of the course the students will be introduced to document drafting basic skills and be able to identify high level business issues associated with a typical joint venture.
Students must have taken Contracts and Business Associations. Federal Income Taxation is encouraged but not required. Prior experience in the field of transactional law or equivalent experience in the business arena would be beneficial but also is not required.
Transnational Corps and Human Rights (70443)
Whether in their treatment of the labor rights of employees and subcontractors, or in their relations with military and police who may commit atrocities while providing security for their operations, or by cooperating with internet restrictions imposed by nations like China, transnational corporations increasingly have an impact on human rights. The question of the extent to which human rights obligations, originally designed for governments, also bind private corporations, remains controversial. Examines how the practices of transnational corporations affect human rights, the extent to which such firms are or should be regulated by international human rights law, and alternative approaches to improving their human rights performance.
Trial Advocacy Comprehensive (75709)
This course, which starts during the first week of each semester and which meets twice weekly during the course of the semester, is designed for those students who wish to see what trial lawyering is like. This course is intended to help students develop a familiarity with the techniques by which evidence of controverted facts is presented in trials. Classroom sessions in conjunction with a jury trial for each student provide an examination and analysis of trial advocacy skills. Involves workshop sessions and learning-by-doing through simulated courtroom exercises. Studies trial advocacy techniques through student participation, faculty critique, lectures, and demonstrations by practicing lawyers. The various trial advocacy skills are put together in a full trial at the end of the semester.
Trial Advocacy Intensive Workshops & Trials (75710)
(4-2-4) Conway/Gotsch/Scopelitis/Seckinger/ K. Singer/T. Singer/Jourdan
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.