Course Catalog

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Programs of Study

Accountability for Gross Violation of Human Rights (70409)

3 Credit hours Douglass Cassel
Law, Ethics, and Public Policy

Compares the approaches followed in different countries to deal responsibly with past violations of human rights, in order to assess the benefits and shortcomings of each. Draws upon selected readings as well as upon the individual experiences of course participants. Examines the various means of establishing accountability, including "lustration" laws, truth commissions, and national and international prosecutions. Also considers the influence of obstacles such as political instability, amnesty laws, statutes of limitations, and claims of superior orders.

Accounting for Lawyers (70100)

3 Credit hours Matthew J. Barrett
Business Law, Real Estate Law

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 Credit hours William Kelley ,
Criminal Law, Energy and Environmental Law, Intellectual Property & Technology Law, Public Law

Studies the powers and procedures of administrative agencies including: the operation of the Administrative Procedure Act; the functioning of the administrative process at the federal and state levels; and the methods and extent of judicial control over agency action.
Advanced Lawyering Techniques (75722)

2 Credit hours Phelan

This course covers advocacy, legal writing, rhetoric for use in oral and written argument, memory technique, examination technique, statute mapping and evidence analysis. This is a general skills course which is not dependent on any substantive area of law. It is examined by continuous assessment covering class attendance, short in-class tests, and assignments.
Advanced Legal Research: Corporate Law (70213)

2 Credit hours
Business Law Experiential Course

Advanced Legal Research: Corporate will introduce students to the search processes and analysis necessary to the practice of transactional law. Strategies applicable to both private and public companies will be explored. Students will gain awareness of the range of business information resources available and complete assignments requiring practical application of acquired transactional law research skills.

Advanced Legal Research (EXP) (70207)

2 Credit hours Warren Rees ,
Experiential Course

Examines the statutory and administrative law processes and how to perform legal research using the materials that are produced by the government. Research using printed and online sources will be considered along with the factors to consider when deciding whether to search in print or online.
Advanced Legal Research: State, County, Municipal (EXP) (70210)

2 Credit hours Christopher O'Byrne
Experiential Course

This seminar-sized course will focus on the active development of research skills during class time. Class sessions will be split between discussion of resources and processes related to the week's topic (e.g., municipal government) and the practical application of those resources and processes to solve legal research problems. Meeting only once a week, with much of the work done in class, active participation will account for a substantial portion of each student's grade. A short presentation on an aspect of Indiana state, county, or municipal law, will take the place of a final exam. This course will be especially useful for students who expect their legal practice to encompass a wide variety of areas of law. Although this class will use Indiana as a common framework, the elements of local and state-level legal research are transferable. Consequently, students who take this course will be well prepared to employ their research skills in other jurisdictions.

Advanced Real Estate Transactions (70113)

3 Credit hours
Business Law, Real Estate Law

The course will focus on the application of fundamental real estate legal principles to structuring more complex transactions, including "ground-up " development and the process from market analysis, site acquisition, entitlements, site planning, building design, construction, equity and debt financing, leasing and ongoing management of a property. Appropriate tax and governance issues will also be highlighted. The professor has also requested that we name this course "Advanced Real Estate Transactions."

Advanced Topics in Corporate Law Seminar (73125)

2 Credit hours Julian Velasco
Business Law

This seminar provides an in-depth examination of various issues in corporate law that are not covered adequately (if at all) in Business Associations. Corporate governance issues feature prominently. Assignments will consist primarily of law review articles. Active class participation is mandatory. Students are required to write a paper that satisfies the upper-level writing requirement and to present it in class. Prerequisite: Business Associations (LAW 70101) is a strict prerequisite.

Advanced Topics in Workplace Law (73353)

2 Credit hours Barbara J. Fick

Provides an introduction to various federal labor statutes such as the Fair Labor Standards Act, the Occupational Safety and Health Act, and the Family and Medical Leave Act among others. Also examines state statutory and common law such as unemployment insurance, workers' compensation and privacy at work. The specific topics covered will be determined considering the interests of the students enrolled in the course.

Alternative Dispute Resolution (EXP) (75717)

3 Credit hours Margaret F. Brinig
Criminal Law Experiential Course

Surveys the growing alternative dispute resolution field, with a focus on negotiation, mediation and arbitration. Considers the theoretical foundations for the processes, and teaches the strategies, tactics and skills required for lawyers to participate in these processes through readings, videos and simulation exercises.
American Political Thought and Constitutional History (73842)

2 Credit hours

In "American Political Thought and Constitutional History," we shall discuss the nature(s) of the American regime and her most important principles. We will explore the creation of American Constitution, including and the philosophical and political debates that animated the Founding, as well as some of the debates that animated the Constitution's subsequent development. Since we lack the time for a comprehensive survey of American political thinkers, we shall examine select statesmen and critical historical periods - specifically, the Founding era, Lincoln and the slavery crisis, and the Progressives. We shall also reflect on how the American regime relates to the larger tradition of Western political thought. 

Antitrust Law (70117)

3 Credit hours Avishalom Tor
Business Law, Criminal Law, Intellectual Property & Technology Law, Public Law

This course will provide an introduction to the basic principles and contours of the federal antitrust laws, focusing on the Sherman Act and the Clayton Act. We will examine the justification for prohibiting certain types of market behavior to protect competition; horizontal and vertical restraints of trade; monopolization; and merger enforcement.
Appalachia Externship (EXP) (75800)

1 Credit hours Robert L. Jones
Experiential Course

The Appalachia Externship is a one credit academic externship. Students spend their fall break or spring break providing pro bono legal services at the Appalachian Research and Defense Fund of Kentucky (AppalReD), which is the federal and state-funded low income legal services provider for the Appalachian region of Eastern Kentucky. Students engage in several classroom preparation sessions and reading assignments exploring the culture, social issues, and legal problems of the Appalachia region. Students keep a daily journal during their field work and write a brief paper upon their return. This course does not meet the Skills Requirement.
Appellate Advocacy Seminar (EXP) (73314)

3 Credit hours ,
Criminal Law Experiential Course

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 Supreme Court of the United States. We will also explore what constitutes effective written and oral advocacy at the appellate level. Students will also have the opportunity to hone their oral arguments skills through in-class moot court exercises. In lieu of a final exam, students will write a brief and present oral argument.

Applied Mediation (EXP) (70726)

5 Credit hours Michael Jenuwine
Experiential Course

This course is open to second- and third-year law students interested in providing mediation services to individuals currently litigating disputes in the courts of St. Joseph and surrounding counties. Through this course, students will have the opportunity to serve as mediators in actual cases involving both civil and domestic relations matters, including child custody, support, parenting time, landlord-tenant disputes, contract disputes, and other matters referred by the courts for mediation. The classroom component of the course will focus on the development of mediation skills and exploration of advanced mediation topics.
Applied Mediation II (EXP) (70728)

V Credit hours Michael Jenuwine
Experiential Course

Applied Mediation II: Advanced Domestic Relations Mediation – Allows students who have satisfactorily completed Applied Mediation to progress to more advanced mediation skills as specifically applied to domestic relations cases. Enrollment is by permission of the instructor.
Banking Law & Financial Institutions (70114)

2 Credit hours Griffith
Business Law

This course will provide an introduction to depository institutions and their supervision and regulation in the U.S. It will also touch upon the regulation of related financial institutions, such as insurance companies, broker-dealers, and investment companies. Additionally, we will investigate, analyze, and follow prominent regulatory reform proposals, and study the important international dimensions of banking law and regulation.
Bankruptcy (70119)

3 Credit hours ,
Business Law, Public Law, Real Estate Law

Course begins with a review of the debtor-creditor relationship and then addresses state debtor-creditor collection law remedies. Emphasizes the 2005 Amendments (Bankruptcy Abuse Prevention and Consumer Protection Act) and Chapter 7, 11, and 13 bankruptcy law and the legal relationship between the debtor, the creditors, and third parties affected by a bankruptcy case. Explores the different treatment between individuals and artificial legal entities such as corporations. Covers the procedural rules of bankruptcy, but concentrates on how bankruptcy law affects potential clients in a large number of legal areas, including real estate, commercial and business law, torts, family law, environmental law, and intellectual property.
Behavorial Analysis of Law (70902)

2 Credit hours Avishalom Tor
Energy and Environmental Law, Intellectual Property & Technology Law

Introduces students to the new behavioral analysis of law. A behavioral approach to legal analysis asserts that the efficacy of the law depends on its understanding of relevant patterns of human behavior. We will review the ways in which the scientific study of human judgment and decision making can inform the creation and modification of legal rules and institutions. The behavioral approach differs from both its economic counterpart and traditional legal scholarship: from the former, in recognizing the decision makers are neither strictly rational nor the maximizers of their own utility alone; from the latter, in proposing an empirically based view of human behavior as the foundation of relevant analyses. We will examine critically how behavioral findings on systematic patterns of behavior that deviates from strictly rational utility maximization are applied to the law, recognizing the unique promise of this approach as well as the current limitations of its methodology. Specifically, the course will open with an overview of behavioral decision theory - the psychological study of human judgment and decision making. Thereafter, we will examine a variety of rules and doctrines in different legal fields. Following this overview, we will evaluate the new behavioral approach - its nature and scope, its achievements and limitations - and consider the implications of our evaluation for some overarching questions of legal policy.

Biodiversity and the Law (70348)

3 Credit hours John Nagle
Energy and Environmental Law

Examines the evolving legal rules protecting the vast but shrinking number of species of wildlife and plants in the United States and throughout the world. Focuses on the U.S. Endangered Species Act, which imposes strict duties upon governmental and private actors whose conduct threatens rare wildlife or their habitats. Also considers the growing body of international legal rules that address the preservation of biodiversity, along with other federal statutes and illustrative state and local laws that seek the same end.
Bioethics and the Law (73828)

2 Credit hours O. Carter Snead
Intellectual Property & Technology Law, Law, Ethics, and Public Policy

This course will explore the ethical, legal, and public policy issues arising from various advances in biomedical science and biotechnology. Students will be invited to consider the ways in which such developments affect law and public policy, as well as the issues that may arise in attempts to govern and regulate science according to ethical principles. Topics covered will include human reproduction (including maternal/fetal conflicts and assisted reproduction), stem cell research, human cloning, genetic screening and modification, research involving human subjects, neuroscience/ neuroethics, end-of-life matters, and relevant issues touching and concerning both intellectual property and constitutional law. No prior experience with science, medicine, philosophy, or related disciplines is assumed or necessary. Students' final grades will be based on classroom participation and a research paper.

Business Associations (70101)

4 Credit hours Patricia O'Hara , ,
Business Law, Criminal Law, Public Law, Real Estate Law

Examines the law of business organization and of agency. Explores the various forms of business organization, including sole proprietorships, partnerships, corporations, and limited liability companies, with special emphasis on corporations. Underlying themes include the purposes of business organization; formation, maintenance, and dissolution of business entities; the agency problem and fiduciary duties; federalism; the role of law and contract; and business planning.
Business Associations (LONDON) (74101)

3 Credit hours Slaughter

Studies American agency, partnership and corporate law. The first part of the course explores what makes a business entity a corporation, but includes consideration of other business forms such as sole proprietorships and partnerships. The second part of the course addresses the operation of the corporation, and considers internal and external forms of control and regulation. Both parts of the course emphasize the substantive law as well as compliance with statutory formalities such as are contained in the Delaware Corporation Code.

Business Basics for Attorneys (70124)

3 Credit hours Matthew J. Barrett
Business Law, Real Estate Law

This course, designed for students with no business training or experience, explores the application of basic concepts and analytical methods from the business profession and the social sciences to the practice of law. The course introduces decision analysis, game theory, accounting, finance, economics, and statistics to prepare students for legal practice. These topics offer especially important and useful tools to lawyers; failure either to recognize an opportunity to use a concept or method or to question an improper application can adversely affect a client's interests. The course seeks to apply such concepts and methods to real legal problems, such as the appropriate measure of damages or the decision whether to settle a case. In addition to litigation and negotiation, legal applications include environmental law, corporate law, criminal law, employment law, antitrust, and intellectual property. Ultimately, the course seeks to train students to recognize when a basic concept or analytical method might apply to a legal situation and to understand generally how to use that concept or method effectively. The course includes a final examination. Students who have majored, minored, or earned advanced degrees in business, including accounting, finance, management, and marketing, or economics must obtain the permission of the instructor to enroll in the course.

Carriage of Goods by Sea (LONDON) (74453)

3 Credit hours Hawker

This course looks at the carriage of goods in international trade. We live in a world in which the transportation of goods is a fundamental part of both international and domestic business, and litigation in respect of these carriage disputes is inevitable. The course is based on English Law, with comparisons made with practice under other jurisdictions where appropriate. English law is frequently chosen to govern shipping contracts, the common law nature of English law allowing for judicial "creativity." We see, therefore, the development of this area of contract law, which aims to meet the needs of those involved with the international shipment of goods. The course predominately covers contacts for the carriage of goods by sea and charterparties, as most goods are shipped by this mode of transport, although carriage by air and land is introduced. The course also considers difficulties that arise when goods are the subject of a multimodal contract of carriage, and problems that arise when carriage contracts are negotiated by freight forwarders. The combination of the intellectual rigors of the law and trade realities make this a rewarding subject.

Catholic Social Thought & The Law (70835)

2 Credit hours Calo, Moreland
Law, Ethics, and Public Policy

Introduces students to the major documents that comprise the Catholic Church's social teachings. The documents will serve as a basis for a broader discussion of whether the social teaching has anything relevant to say about current trends in American law. Considers: whether lawyers of faith are obliged to move the law in a direction that comports with their core religious values and how that can be done in a pluralistic society; whether Catholic social teaching offers ideas and values that might find broad-based acceptance; and what happens if a lawyer determines that the profession and/or the society are hostile to the values presented in the social teaching.

Civil Procedure (60308)

4 Credit hours Christian Burset , ,

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 Credit hours Jennifer Mason McAward
Criminal Law, Public Law

Primarily examines the processes by which federal constitutional and statutory rights are enforced in federal and state court against officials and private citizens. Focuses on 42 U.S.C. sec. 1983 and the doctrines that surround this statute. Also focuses on other Civil War- era legislation that grants substantive civil rights' especially 42 U.S.C. sec. 1981, 1982, and 1985. If time permits, examines selected aspects of modern civil rights legislation concerning sex discrimination, and of how civil rights remedies are enforced in cases of structural reform.
Commercial Real Estate Development & Finance (70120)

2 Credit hours
Real Estate Law

This course is designed to introduce the elements of developing and financing commercial real estate projects. The course will examine these transactions from a practitioner's viewpoint and will cover both vacant land and existing building projects from the standpoint of purchasing, selling, leasing, zoning, survey, title insurance, environmental, fee and non-fee instruments. A substantial amount of time will be spent on negotiation and similar practical skills.. There will be a particular emphasis on the financing of commercial real estate projects from both the borrower and lender perspectives, providing in-depth discussions of standard and non-standard documents, including promissory notes, mortgages, construction loan agreements, guaranties, and a number of collateral agreements typically used in such transactions. It is anticipated the class will be supplemented by outside speakers and practitioners well-versed in their particular fields, such as developers, surveyors, title insurance company representatives, etc.

"Real Estate Transactions" course is a "recommended" or suggested course for students who are interested in enrolling in the course (but not a prerequisite).

Commercial Real Estate Finance (75113)

3 Credit hours
Business Law, Energy and Environmental Law, Real Estate Law

Students in the course analyze cases, problems and legal forms related to the finance and development of large commercial real estate projects. About one-third of the course is devoted to the transactions that make up the typical construction and post-construction financing package for the development of a shopping center or office building. The first few weeks focus on the stages of the lending process and the terms, conditions and legal doctrines related to the issuance of permanent financing upon the project’s completion. The next weeks concentrate on the terms of the permanent mortgage and note as anticipated by the postconstruction loan commitment signed by the permanent lender and the project developer. In the following weeks, students examine the construction loan documents and any agreement that reconciled those documents with the arrangement between the permanent lender and the developer. Focuses on the operation of finished commercial real estate projects and the business and legal reasons for aggressive leveraging in commercial real estate development. Students look at the form of the project ownership entity, various aspects of leasing to commercial tenants, as well as commercial foreclosure, workout and bankruptcy issues. The course begins its conclusion by studying the economic and tax law factors that lead real estate developers to be ever-more aggressive in leveraging their equity interest in the project. Concentrates on secondary financing mechanisms with a special emphasis on the financing of the acquisition of raw land through subordinated purchase-money mortgages or ground leases. The last weeks are available for exploration of real estate securitization vehicles such as CMBS, REITs and REMICs as well as special topics including the commercial development and financing of residential properties. Stephen A. Studer, a partner at Krieg DeVault and a member of the firm’s Real Estate and Environmental, Business, and Health Care Practice Groups, joins us to teach Commercial Real Estate Finance. He received his A.B. degree from the University of Notre Dame and his JD from Loyola University Chicago School of Law.
Community Development Clinic I (EXP) (75721)

5 Credit hours James J. Kelly
Business Law, Criminal Law, Real Estate Law Experiential Course

This is a 5-credit, letter-graded course providing training in basic lawyering skills, including interviewing and counseling, as well as ethics, substantive law and procedural law relevant to the representation of clients in litigation and transactions. Students represent clients under the close supervision of a clinical faculty member. The case types vary somewhat among the sections, as described below. The classroom component of the course uses a combined lecture and mock exercise format. Students are sometimes required to participate in a community education presentation. Pre- or co-requisite: Law 70101 or 74101

Community Development Clinic II (EXP) (75723)

v Credit hours James J. Kelly
Business Law, Criminal Law, Real Estate Law Experiential Course

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)

3-Feb Credit hours Paolo G. Carozza
Global Law, Public Law

This seminar situates the subject of comparative constitutional law in a broader framework of comparative legal traditions, starting with a discussion of the aims and methods of comparative law, then proceeding to constitutional history and theory, and considering the idea of "constitutional identity." From there we will discuss both structural topics such as federalism, separation of powers, and judicial review, as well as selected fundamental rights. Examples and topics will be drawn from a variety of different constitutional systems. A research paper will be required, as well as regular participation in weekly class meetings.

Comparative Law (70406)

3 Credit hours Banakas

(Linked from London) The course will meet from 17.15-19.25 three times a week during four weeks (Tues/Wed/Thurs 18/19/20, 25/26/27 March; 1/2/3, 8/9/10 April). On the last meeting of April 10 the exam will take place. The required reading materials that will be included in the syllabus will cover the totality of the topics to be examined. The students will be expected to read one required material (typically, a short article or a case) for each one of the seminars. Other than that, the syllabus will include further, optional readings.
Comparative Law (LONDON) (74407)

3 Credit hours Banakas

Analyzes comparatively: legal concepts; law-making and law-finding in civil law and in common law; the purposes and functions of the comparative method; the history, methods and uses of comparative law; the legal families of the world; and the spirit and style of various legal systems.
Comparative Legal Traditions (70407)

2 Credit hours
Global Law

This course will examine the religious and philosophical foundations of the world's major legal traditions: Civil, Common, Catholic, Jewish, Christian, Muslim, Hindu, and Confucian. We will study how these traditions come to be codified and how they transmit related values, concepts and institutions over the centuries. We will also explore what happens when these legal traditions encounter each other, including points of tension and possibilities for co-existence.

Comparative Misleading Advertising (73910)

2 Credit hours Toth

The seminar introduces students to the most important rules and relevant case law in the field of false and misleading advertising an area of law at the crossroads of competition law and consumer protection. The problems will be analyzed at a global level, comparing the legal approaches of the U.S., the EU and some of its Member States. The course will give an overview of the most important concepts of EU law, economic theories and also the moral foundations of the laws. We will analyze in some more detail the European directive on unfair commercial practices that harmonized national legislation all over Europe. Topics to be addressed include misleading omissions in the telecoms sector, health claims, comparative advertising. We will conclude by evaluating which institutional background and which type of sanction provides the most effective way of enforcement.

Complex Civil Litigation (70316)

3 Credit hours Jay Tidmarsh

Examines the theoretical and practical problems posed by large-scale civil litigation. Subjects covered include: class actions, multidistrict litigation, and other aggregation strategies; jurisdiction; choice of law; case-management techniques; trial; and remedies.
Conflict of Laws (70371)

3 Credit hours Joseph P. Bauer ,

Studies the problems inherent in multi-state legal transactions or litigation. Studies and explores the interrelationship between jurisdiction, the recognition and enforcement of foreign judgments and choice of law methodology. In particular, emphasizes modern choice-of-law approaches.
Constitutional Criminal Procedure: Adjudication (70451)

2 Credit hours Stephen Smith
Criminal Law, Public Law

This course may be taken either before, after, or instead of Criminal Investigation. This course looks at the way the judicial system operates once criminal charges are filed. Topics include bail and preventative detention, the right to the effective assistance of counsel, prosecutorial discretion and plea bargaining, the right to trial by jury, appeals from criminal convictions, double jeopardy, and the federal remedy of habeas corpus. Although several important federal statutes and procedural rules will be considered, the primary focus will be on the federal constitutional constraints applicable to the criminal justice system. Broader questions concerning the criminal justice system, such as the proper goals of the system and the extent to which poverty and race distort the system’s intended operation will also be addressed.
Constitutional Criminal Procedure: Investigations (70452)

3 Credit hours Gerard V. Bradley
Criminal Law, Public Law

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 Credit hours Anthony J. Bellia , , ,
Public Law

Examines the structure of our government as defined by the federal Constitution, Supreme Court precedents interpreting that document, and the traditional practice of the elected branches. Focuses on the distribution of power among the three branches of the federal government, and the division of power between the federal government and the states.
Constitutional Law II (70305)

3 Credit hours Jennifer Mason McAward , ,
Criminal Law, Public Law

Covers the individual rights secured by the fifth and fourteenth amendments to the United States Constitution, with a primary focus on the right to due process of law (its procedural and substantive components) and the right to equal protection of the laws (including scrutiny of race- and gender-based classifications).

Constitution Interpretation: Originalism and History (73302)

1 Credit hours

This class will focus on "the history of originalism" in two different senses of that phase. First, it will explore the history of the Supreme Court's efforts to resolve some of its cases by reference to the original meaning of the Constitution, from the Court's initial review of the constitutionality of a federal tax statute in 1796 to 21st century cases about legislative prayer and gun control. Second, it will examine how the justices have identified and employed various types of historical evidence to reach those decisions. In reviewing these historical issues, we will have the opportunity to reflect on two significant questions: Where should we look for a provision's original meaning, and is it really possible to find it? If we do find it, what role should it play in constitutional decision-making?

Contract Drafting (EXP) (75701)

2 Credit hours Adams
Business Law, Real Estate Law Experiential Course

The aim of this course is to enable students to become informed producers and consumers of contract language. By the end of the course, students will have learned the following: how to concisely articulate deal points in a contract in a way that addresses the issues and avoids confusion; the shortcomings of traditional contract language; what information to include in the front and back of a contract, and what information to omit; how to spot issues when turning deal points into a contract; how to spot issues when reviewing a draft contract prepared by the other side to a transaction; the function and dysfunction of "boilerplate" provisions; the shortcomings of the traditional copy-and-paste contract process, and how document assembly works; and the role of inertia in how contracts are drafted, and the prospects for change. The focus of this course is not what to say in a contract, but how to say clearly and effectively whatever you want to say. This course would provide a valuable foundation for transactional work, whatever the specialty, and would also be useful preparation for anyone who expects to litigate contract disputes.

Contracts (60105)

4 Credit hours Randy J. Kozel , ,

Presents a comprehensive study of the creation, transfer, and termination of contract rights and duties.
Copyright Law (70128)

3 Credit hours Stephen Yelderman
Intellectual Property & Technology Law

An introduction to U.S. and international copyright protections. Topics include: nature of copyright and justifications for protection, procedures for obtaining and enforcing copyrights, ownership and transfer of rights, scope of rights of copyright owners, and implications for emerging technologies.
Corporate Compliance & Ethics (73127)

V Credit hours Veronica Root Martinez
Business Law, Law, Ethics, and Public Policy

Corporate Compliance has increased in importance over the past decade. Private firms are responsible for ensuring that their employees and members are complying with legal and regulatory requirements. Yet this can be a tricky objective to achieve in a regulatory environment that is in a constant state of change. Moreover, there are many areas of the law where the "right" course of conduct is less than clear. Issues of compliance are not black and white; they are an intense shade of gray. Thus, organizations must find mechanisms to develop "cultures of compliance." They must both train their employees on what their obligations are under the law and develop a culture that promotes ethical awareness and decision-making. Unfortunately this last insight, the idea of encouraging a strong culture of ethicality, is often lost in discussions of compliance. This course will study both issues in tandem and has four objectives. First, develop an understanding of the field of Corporate Compliance and the types of issues that lawyers are responsible for overseeing. Second, obtain an understanding of the applicability, and limitations, of the Model Rules of Professional Conduct within the context of the field of Corporate Compliance. Third, establish a strong foundation in insights from behavioral ethics literature and traditional legal ethics. Fourth, draft persuasive arguments regarding the strengths and weaknesses of the compliance efforts undertaken by the organizations studied during the course. Students may take the course for two or three credits. For two credits, participation will account for 20% of students' grades and students will be required to write four, 2,500 word response papers with each worth 20% of the students' grades. For three credits, participation will account for 20% of the students' grades and students will be required to write (i) four, 2,500 word response papers with each worth 12.5% of the students' grades and (ii) one 5,000 word paper discussing the Model Rules of Professional Conduct within the context of compliance issues discussed throughout the course. Students who take the three credit option will satisfy the Professional Responsibility requirement. Please note: Business Associations is a pre- or co-requisite for this course.

Corporate Counsel Externship (EXP) (70720/75720)

Variable Credit hours Michael Hays
Business Law Experiential Course

The Corporate Counsel Externship course allows students to perform 8-12 hours of legal work per week in in an in-house corporate counsel office while participating in a companion weekly seminar. Placements include private sector, non-profit, and governmental corporate counsel. Students earn three credits (two of which are fieldwork credits) for an eight hour weekly field placement or four credits (three of which are fieldwork credits) for a 12 hour weekly field placement. Placements must involve substantial legal work under the careful supervision of an attorney. Placements are typically in the Michiana area, but students are free to choose placements in other regional cities including Chicago and Indianapolis. All placements must be approved by the instructor and must be finalized before a student may enroll in the course.

Corporate Finance (70123)

3 Credit hours Stefania Fusco
Business Law, Real Estate Law

This course examines financial theories and legal doctrines relating to the publicly-held corporation including problems of valuation, financing options, capital structure, and dividend policy.
Corporate Governance: Econ Analysis Seminar (73126)

2 Credit hours Avishalom Tor
Business Law

This seminar will introduce students to both foundational and current issues in corporate governance. Corporate governance concerns the myriad rules and institutions that determine the functioning of corporations generally and the means for obtaining the efficient management of corporations more specifically. This field is one of the most actively researched areas in law, economics, management and related disciplines, and corporate lawyers and business managers must grapple daily with its challenges. Moreover, corporate governance issues are at the forefront of current public policy debates, particularly those surrounding high-profile corporate scandals and failures over the last decade and, most notably, many aspects of the recent global financial crisis.

Corporate Reorganizations (70116)

2 Credit hours Murray
Business Law, Energy and Environmental Law, Real Estate Law

(formerly Business Reorganizations in Bankruptcy) Studies in-depth the law of business reorganizations under Chapter 11 of the Bankruptcy Code. Focuses on the steps that must be taken to resurrect a distressed business under Chapter 11 including: the decision to file a Chapter 11 case; the initial steps of staying proceedings against the debtor; finding cash with which to operate; the actual turnaround of the business; the adjudication of claims by and against the estate; the restructuring of the estate's capital structure; the confirmation of a restructuring plan; and the issues that arise after the consummation of the bankruptcy.

Courtroom Evidence/ Trial Skills (EXP) (75716)

2 Credit hours Joel Williams
Criminal Law Experiential Course

The course is intended to instruct students in the application of the Federal Rules of Evidence to real world evidentiary issues arising during a trial. Students will analyze a case problem consisting of witness testimony, documentary and demonstrative evidence and expert witness qualifications to identify and anticipate possible objections at trial. Students will learn how to properly raise and respond to objections in bench and jury trials and how to effectively incorporate the Federal Rules of Evidence during arguments in support of and in opposition to evidence objections. The course will also analyze the effectiveness of motions in limine and strategy during trial governing if, and when, to raise evidence objections. The course will be primarily of interest to students who intend to practice as trial lawyers. The case problem may be civil or criminal, but the evidence problems presented in the case problem will prepare students to present arguments on evidentiary issues effectively in any courtroom proceeding; whether state or federal, civil or criminal. The course will be graded on s/u basis.
Criminal and Forensic Evidence (70205)

3 Credit hours Jimmy Gurulé
Criminal Law, Public Law

For the student interested in criminal law, explores how the law of evidence is applied in criminal cases. Considers how certain rules of evidence are used more often (if not exclusively) in the criminal context. Examines the admission of co-conspirator statements; prior bad acts evidence offered to prove the defendant's "motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident"; evidence of a pertinent character trait; evidence of an alleged rape victim's past sexual history; autopsy and crime scene photographs; and courtroom demonstrations. Additionally, helps students develop an understanding of scientific techniques used in the courtroom beyond just the basic tests for admission of expert testimony (i.e., DNA testing, "profile" evidence and "syndrome" evidence.)

Criminal Law (60302)

4 Credit hours Jimmy Gurulé , ,
Criminal Law, Public Law

Deals with the basic principles of American criminal law such as the definition of crime, defenses, proof, and punishment, and the basic structure and operation of the American criminal justice system.
Criminal Process (75110)

2 Credit hours
Criminal Law

Criminal Process, sometimes called ‘Bail to Jail,’ is a semester-long simulation course that covers criminal procedure after judicial proceedings commence; it complements the course in Criminal Procedure, which focuses on issues related to the investigative stage of a criminal proceeding (e.g., search and seizure issues under the fourth amendment, right to remain silent under the fifth amendment; right to counsel under the sixth amendment). Criminal Process includes the following topics: effective assistance of counsel during the trial and appellate process; bail and pretrial release hearings; preliminary hearings; grand jury review; joinder and severance; speedy trial; discovery; guilty pleas; prejudicial publicity; suppression of confessions; sentencing, double jeopardy and appeals. Criminal Procedure and Evidence are not prerequisites.
Cyber Crime Law (73134)

2 Credit hours John Maciejczyk
Intellectual Property & Technology Law

This course examines the unique aspects of internet/computer or "cyber" crime. It surveys federal statutes pertaining to computer and internet related crimes and their application, sentencing issues, and first amendment and fourth amendment issues that arise in this context. The instructor will also cover practical aspects of computer crime investigation and prosecution and current computer forensic examination capabilities throughout the course.

Deals (70508)

3 Credit hours
Business Law

The Deals course focuses on the legal and economic structuring of corporate and business transactions. This innovative course combines a strong practical dimension and a rigorous academic approach to provide insights concerning the interaction of legal and market dynamics in transactional settings. Particular emphasis is placed on the economic factors underlying the judgment calls lawyers make and the technical means available for negotiating and implementing deals successfully. The Deals course emphasizes how lawyers can successfully navigate legal challenges and regulatory requirements to achieve beneficial outcomes for their clients.Each week the Deals course will consider a different real world transaction, with the particular transactions selected to give the students a range of subject matter in order to highlight a common set of problems that arise in all settings. The transactions are chosen on a year-to-year basis, but likely will include a joint venture agreement, a private equity investment document, a real estate transaction term sheet, a leasing agreement and office and ground lease, an IPO prospectus and related offering documents, a merger agreement, and a cross-border joint venture, together with related and alternative financing documents and structures. With each transaction students are introduced to the economic fundamentals underlying the deal, consider documentation and contractual terms likely to be used, assess ways the deal structure might be improved, and canvass plausible alternative options. Students also gain insights into the negotiation process that provides the foundation for the structuring of deals. The course will be oriented around ongoing active student participation supplemented by guest speakers who have substantial experience running deals. Grades are based on class participation, a group presentation, and a final paper based on a case study of an actual deal. Business Associations is a pre-requisite or co-requisite for this course. 

Deposition Skills (EXP) (75715)

3 Credit hours James Seckinger ,
Experiential Course

Studies the skills, techniques, tactics, strategies and ethical considerations of witness preparation for depositions and the taking and defending of depositions under federal and state rules of civil procedure. Meets twice a week: One meeting consists of a 60-minute lecture, demonstration, and discussion of the analytical framework for the preparation, taking, and defending of depositions; the other meeting consists of a 75-minute learning-by-doing laboratory session. Each laboratory session will be videotaped, with each student receiving an individual videotape.
Design Law (EXP) (70136)

4 Credit hours Mark McKenna
Intellectual Property & Technology Law Experiential Course

This course focuses on the legal protection of design, focusing primarily on industrial design. Because design implicates a number of different intellectual property regimes (utility patent, design patent, trademark, and copyright), the class takes a cross-sectional approach. That is, rather than focusing on a particular form of intellectual property protection and considering its application to different types of subject-matter, this course takes subject-matter (design) as the input and considers how each area of intellectual property might apply and the potential tradeoffs involved in pursuing different forms of protection. Students will work in groups with students in the Industrial Design department, whose thesis projects will serve as hypothetical client matters for each group. Grading will be based on client letters that each student will write to their Industrial Design "client" and live presentations of recommendations. This is a skills course. Pre-req: Law 70909.
Directed Readings (76101)

V Credit hours Faculty

Allows independent research under the supervision of one faculty member. Letter grading system.
Directed Readings (76103)

V Credit hours Faculty

Allows independent research under the supervision of one faculty member. Satisfactory/Unsatisfactory grading system.
Drug & Medical Device Law (70918)

2 Credit hours Keefer
Intellectual Property & Technology Law

The last decade has seen a dramatic increase in the focus on, and relevance of, drug and medical device companies. As such, regulatory, compliance, and litigation issues have become paramount for these companies. This is a course with significant relevance for those who want to practice in this world - whether in a government capacity regulating these companies, prosecuting them in private and/or government settings, or defending these companies' interests in myriad ways. In addition, those with medical or engineering backgrounds looking for an interesting elective should find this class most interesting! We will explore the major areas in which newer attorneys are having (and can have) immediate impact in the drug and medical device world. In this way, a primary goal will be arming the student with the know-how in order to be knowledgeable and conversant with potential interviewers. You should come out of this Course understanding, analyzing, and being conversant on rudimentary regulatory, compliance, and litigation issues in various drug and medical device settings, as well as policy considerations from all perspectives, which should hopefully make you an attractive commodity for a future employer. Administrative Law is a pre-requisite or co-requisite course. Law of Medical Malpractice, Insurance Law, and Personal Injury Litigation are also recommended, but not required, courses.

Economic Justice Clinic I (EXP) (75721)

5 Credit hours Judith Fox
Criminal Law Experiential Course

This is a 5-credit, letter-graded course providing training in basic lawyering skills, including interviewing and counseling, as well as ethics, substantive law and procedural law relevant to the representation of clients in litigation and transactions. Students represent clients under the close supervision of a clinical faculty member. The case types vary somewhat among the sections, as described below. The classroom component of the course uses a combined lecture and mock exercise format. Students are sometimes required to participate in a community education presentation. Pre- or co-requisite: Professional Responsibility (LAW 70807 or LAW 70808)
Economic Justice Clinic II (EXP) (70840)

V Credit hours Judith Fox
Criminal Law Experiential Course

Variable credit and letter-graded course open to students who have satisfactorily completed Clinic I. Clinic II allows students to progress to more advanced lawyering skills. Enrollment is by permission of the instructor.
Economic, Social and Cultural Rights (70840)

3 Credit hours Barbara J. Fick

This course takes a comparative look at how both international and national political systems and institutions protect and enforce economic, social and cultural rights such as employment guarantees, health, education and housing issues and cultural practices and customs. The focus will be on defining the content of these rights, determining the sovereign's legal obligation with respect to ensuring the rights, and problems of enforcement. These issues will be analyzed on the international level (the content of international and regional instruments and their enforcement mechanisms) as well as on the national level (examining the domestic constitutional and legislative standards of various jurisdictions and their enforcement).

Election Law (70369)

3 Credit hours Lloyd Hitoshi Mayer

Explores the laws governing democratic politics both before and after the voters cast their ballots. Considers the structure of elections, including the standards for and battles over redistricting, voting rights, and 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)

2 Credit hours Nader

Studies the key sources of law and policy issues relating to employer-sponsored retirement and welfare- benefit plans, including primarily the Internal Revenue Code of 1986, the Employee Retirement Income Security Act of 1974, and case law. Gives special attention to employee-benefits issues arising from the Enron bankruptcy, the treatment of employee benefits in major corporate transactions, and ethical issues arising in the practice of employee-benefits law.

Employment Discrimination Law (70355)

3 Credit hours Barbara J. Fick
Public Law

Studies the substantive and procedural aspects of federal legislation dealing with employment discrimination, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

Energy Law (70329)

3 Credit hours Bruce Huber
Energy and Environmental Law

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.
Energy Law (LONDON) (74329)

2 Credit hours
Energy and Environmental Law

This course introduces students to the many legal and regulatory issues related to the generation, distribution, and consumption of energy in the United States. Particular attention will be given to the emerging law of renewable energy as it compares to the established legal frameworks for energy from fossil fuels. Course readings will include generous coverage of the political, environmental, and economic concerns that shape energy law.

English Legal History (LONDON) (74836)

2 Credit hours Gregory

This course looks at three main developments: (1)Common Law. The rise of private law through the writ system and the centralisation of justice by the Angevin kings. The protection of land by writs of right and the possessory assizes and the development of other actions as offshoots from this via Trespass and Actions upon the Case. The common law courts at Westminster and the development of Equity. The growth of a legal profession, a professional judiciary and legal literature. (2)Public Law.The King as Head of state and the making of law with his council, the Curia Regis. The development of Parliament and the growth of the Commons. The Council in Tudor times and conciliar courts such as Star Chamber. Change and reaction in Stuart times. The English Civil War, the Glorious Revolution and the development of democratic institutions and universal franchise.(3)Criminal Law. How criminal law developed from a personal wrong into a breach of the King’s Peace. The development in the middle ages from a system based on providence to one where man judged the actions of others. Conflict with the Church and clerical privilege. Specific offences, the burden of proof and the maintenance of order. Political opposition as treason and sedition and Tudor developments. The uses of punishment as vehicles of social control. Protection of property, especially in the eighteenth century. The reforming initiatives of the nineteenth century.
English Legal System (LONDON) (74451)

2 Credit hours Darbyshire

This course examines the principal features of the English legal system and of the constitutional structure, institutions, law and practice of the United Kingdom. Topics studied are designed to draw attention to differences between the English and U.K. systems and the position in the United States. Topics include the structure and organization of the courts; the legal profession; legal education; judges; the jury; costs and litigation; legal aid; the U.K. parliament; sources of constitutional law and practice; the U.K. government; the European dimension; and human rights in the U.K. 

Entertainment Law: Authors, Music & Artists (73905)

2 Credit hours Barry Irwin
Intellectual Property & Technology Law

This course provides an overview of the legal issues commonly faced by authors, musicians, and visual artists.  We will focus on the representation of authors, musicians and artists as the basis for our analysis, although we will also discuss the competing interests of the people that contract with authors and artists.  This class will be of particular interest to students who hope to practice as entertainment lawyers. However, the plight of the struggling artist is well known, and entertainment law is an area well suited for pro bono work.  With this course, regardless of your practice area, you will be well equipped to volunteer at one of the many creative artist pro bono organizations across the country with confidence that you can handle most of the issues that will arise.

Environmental Law (70349)

3 Credit hours John Nagle
Energy and Environmental Law, Public Law, Real Estate Law

Provides a survey of most of the major federal environmental laws, exploring foundational issues of environmental ethics, politics and economics in these various legal contexts. The course focuses on analyzing the variety of existing and potential regulatory mechanisms for protecting and regulating usage of the environment, including more recent initiatives like market-based schemes, cost-benefit analysis, information disclosure, and technology forcing. In addition, the course will use hypothetical simulations to explore applications of environmental law as practiced from the perspective of environmental groups, government agencies, and regulated entities.

Environmental Law & Development (73346)

2 Credit hours Daniel Cory Cory
Energy and Environmental Law, Real Estate Law

This course will explore how environmental interests are balanced in the context of economic development, with a specific focus on the redevelopment of former industrial sites ("Brownfields"). We will engage in an overview of environmental laws that may impact development including the Endangered Species Act, Clean Air Act, Clean Water Act, and CERCLA. We will then undertake a case study of a local brownfield project--the former Studebaker Corporation automotive factory site in downtown South Bend--to explore various legal facets of brownfield redevelopment including environmental counseling, transactional law and litigation. The course will also provide the opportunity for students to develop practical legal skills and strategies in the environmental context including reading and interpreting environmental reports, drafting pleadings and conducting fact and expert discovery. Lastly we will consider the impact of environmental justice, smart growth and sustainability considerations on current and future development efforts.

Estate and Gift Taxation (70607)

3 Credit hours Michael Kirsch
Business Law

Examines the federal wealth transfer tax system. Focuses on the estate and gift taxes that apply to transfers of property during life or at death. Also considers common estate-planning techniques used to minimize these taxes, such as bypass trusts, life insurance, and inter-spousal transfers.
Ethics of Criminal Justice Advocacy (70803)

1 Credit hours Gerard V. Bradley
Criminal Law

Involves formulating solutions to ethical problems in the criminal justice system. Meets once per week. May be graded at the option of the instructor. Satisfies Ethics II requirement. Pre- or co-requisite: Legal Externship - Public Defender (LAW 75733)

European Employment Law (LONDON) (74408)

2 Credit hours Upex

This course has three parts. In the first part, we will look at European Labor Law. In doing that, we will consider the relevant treaty provisions and the relevant provisions of European Directives relating to Equality, Working Conditions, Employee Rights on Restructuring Enterprises and Worker Representation. In the second part, we will examine aspects of Private International Law relating to Labor Law, including the Brussels Regulations and the Rome Convention on Applicable Law. In the third part, we will consider international labor standards and the work of the International Labor Organization.
European Union Law (70459)

2 Credit hours Pin
Global Law

(London) This course introduces students to the legal system of the European Union (EU). Constitutional, administrative and trade law of the EU are all covered. The topics which will be discussed in this course include the political and economic origins of the EU, its institutional structures (with emphasis on the Court of Justice of the European Union), the Treaties, the interrelationship between Union Law and the laws of the twenty seven member States, the ?four freedoms,? and the development of a shared EU set of human rights. The course will concentrate on the transnational protection of economic and social rights and on the jurisprudence of the Court of Justice, with a special regard for the historical development of EU law and for its contemporary understanding in the light of the international economic crisis. The recent fiscal reforms that were taken by EU members will also be considered
European Union Law (LONDON) (74459)

3 Credit hours Horspool and Humphreys

This course introduces students to the legal system of the European Union (EU) and the substantive law of the internal market. Constitutional, administrative, commercial and trade law of the EU are all covered. The topics which will be discussed in this course include the political and economic origins of the EU, its institutional structures (with emphasis on the Court of Justice of the European Union), the Treaties, the interrelationship between Union Law and the laws of the twenty seven member States, and the four freedoms: the free movement of goods, workers, capital and services. The course will concentrate on the transnational protection of economic and social rights, the jurisprudence of the Court of Justice and the particular contribution made by the Court in the development of the four freedoms. There will also be a brief examination of other subjects that are intertwined with the market and European Union policy: competition law, environmental protection, discrimination, and external relations.

Evidence (70201)

3 Credit hours Amy Coney Barrett , ,