Accountability for Gross Violation of Human Rights (70409)
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)
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)
Criminal Law, Energy and Environmental Law, Intellectual Property & Technology Law, Public LawStudies 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.
The aim of this course is to provide students with an opportunity to study Admiralty law and to gain an insight into the important role it plays in to carriage and international trade relationships. Although Admiralty law (or Shipping law) is known as "wet law", in that it considers the relationship and liabilities arising out of the ship's adventures, it is important to appreciate the crucial impact that its ramifications may have on carriage and incidental sale liabilities. We look in depth at the procedure of ship arrests - the in rem action - and compare arrest procedure in the UK with that in other jurisdictions. This will enable us to understand the considerations that face those parties who have an interest in the ship itself and/or the carriage contracts under which the goods on board are being carried. Students will develop an understanding of how the shipping world operates, and how the variables of trade practice and underlying financial considerations affect the decisions that shipowners and charterers will make. The course aims to enable students to develop an ability to recognize and to apply the law to the complex issues that shipping adventures can raise.
Advanced Lawyering Techniques (75722)
This course covers advocacy, legal writing, rhetoric for use in oral and written argument, memory technique, examination technique, statute mapping and evidence analysis. This is a general skills course which is not dependent on any substantive area of law. It is examined by continuous assessment covering class attendance, short in-class tests, and assignments.
Advanced Legal Research (70209)
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 on-line sources will be considered along with the factors to consider when deciding whether to search in print or on-line.
Advanced Legal Research (EXP) (70207)
Experiential CourseExamines 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: Federal (70211)
This Paper-Based Small Upper-Level 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., dockets, administrative agencies, legislative history, etc.) and the practical application of those resources and processes to solve legal research problems. Three short papers, two small group presentations, and an individual presentation on an aspect of federal law will account for a substantial portion of each student's grade. However, there will also be an "open book" take-home final. This course will be especially useful for students who plan to practice law solely in federal courts, clerk or pursue a career within the federal government. THIS COURSE PROVIDES 2 CREDITS TOWARD THE UPPER-LEVEL EXPERIENTIAL COURSE REQUIREMENT! THIS COURSE DOES NOT SATISFY THE UPPER LEVEL WRITING REQUIREMENT!
Advanced Legal Research: Food and Beverage Law (70212)
This class will examine in detail the primary authorities (Constitution, Statutes, Administrative materials, case law, and international agreements) related to food and beverage law, explore the relationship between them, and discuss the various specialized secondary sources that are available to help identify and explain the laws. It will also consider the relationship between relevant federal, state, and local laws. Specific attention will be given to the administrative regulatory scheme applicable to wine. This class will provide helpful background and a solid foundation for anyone interested in practicing food and beverage law.
Advanced Legal Research: State, County, Municipal (EXP) (70210)
This seminar-sized course will focus on the active development of research skills during class time. Class sessions will be split between discussion of resources and processes related to the week's topic (e.g., municipal government) and the practical application of those resources and processes to solve legal research problems. Meeting only once a week, with much of the work done in class, active participation will account for a substantial portion of each student's grade. A short presentation on an aspect of Indiana state, county, or municipal law, will take the place of a final exam. This course will be especially useful for students who expect their legal practice to encompass a wide variety of areas of law. Although this class will use Indiana as a common framework, the elements of local and state-level legal research are transferable. Consequently, students who take this course will be well prepared to employ their research skills in other jurisdictions.
Advanced Real Estate Transactions (70113)
Business Law, Real Estate Law
The course will focus on the application of fundamental real estate legal and practical business principles to structuring complex real estate transactions, including an overview of the economic and tax issues that drive the structure of real estate deals. The main topics will span the life cycle of real estate investment from acquisition to disposition, and will focus on topics related to finance, choice of entity and governance, tax aspects, and property management.
Advanced Topics in Constitutional Law (73124)
Advanced Topics in Constitutional Law is a seminar open to third year students who seek to deepen their understanding of the Constitution through careful study of Supreme Court opinions. Unlike other law school courses, students are required to read every word of every opinion--including concurrences and dissents. The cases are all of recent vintage and include many of the most significant decisions involving the First, Second, Fourth, Fifth, Sixth, and Eighth Amendments. If time permits, a few classes will include cases involving the separation of powers, federalism, and matters of great public interest. Students are required to take a midterm exam (40 points), submit a paper by the end of the semester (40 points), and to actively discuss and debate the cases in class (20 points).
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 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.
Alternative Dispute Resolution (EXP) (75717)
Criminal Law Experiential CourseSurveys 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.
Alternative Investments (74469)
The course aims to provide an in-depth understanding of the alternative investment techniques available to private and institutional investors in a globalized market. In particular, the course aims to add a new dimension to the construction and management of traditional investment portfolios by focusing on alternative asset classes and by presenting them in detail within an academic and practical framework. The emphasis is on three major classes of alternative investments: Hedge Funds, Real Estate, and Art. Asset classes are examined in terms of the following aspects: key characteristics, investment strategies, and portfolio consideration (risk/return profile and their contribution to portfolio diversification). The aforementioned objectives are addressed in a series of formal lectures that are supplemented by live deals in the form of case studies and guest speakers from the industry.
American Constitutional Theory and Development (70302)
In "American Constitutional Theory and Development" we shall attempt to understand the nature of the American regime and her most important principles. We will explore the American Constitution and the philosophical and political ideas that animated its creation and 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 Progressive Era and New Deal.
American Legal History (70837)
This course examines principally non-constitutional dimensions of American legal development during the "long nineteenth century" - roughly from 1780 to World War I. The focus of the course is on the relationship between law and economic development. The topics examined include 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. Students will be evaluated based on class participation and a two-hour, closed-book final examination.
American Political Institutions (73841)
This course explores the role of national institutions in the American political system, with an emphasis on Congress, the presidency, and the Supreme Court. Students will consider three functions commonly ascribed to political institutions in relation to elite behavior: channeling individual preferences, constraining strategic choices, and structuring political opportunities. The goal of the course is for students to gain a basic understanding of American political institutions, synthesize the main themes in the literature, and grapple with current debates in the field.
Antitrust Law (70117)
Business Law, Criminal Law, Intellectual Property & Technology Law, Public LawThis 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)
Experiential CourseThe 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)
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 Evidence—Pretrial Analysis for Civil Disputes (70204)
Applied Evidence—Pretrial Analysis for Civil Disputes uses the problem method and Federal Rules of Evidence to analyze evidence concepts/principles during pretrial from when a client is retained through settlement or trial / arbitration / mediation. Applied Evidence Pretrial Analysis course is designed to provide new lawyers with the analytical skills to provide valued advice on pretrial evidence matters in response to a request from a senior lawyer. Each pretrial evidence request requires analysis of how to develop facts to satisfy evidentiary foundation requirements, or defeat foundation requirements. Knowledge of evidentiary foundation requirements is necessary to provide competent advice. Also such evidentiary analysis and advice informs the need for discovery of facts to support or defeat foundation requirements. New lawyers need to add value to their employers – this course is designed to provide those tools.
Semester workshops analyze evidence problems a new lawyer will face in practice — receive a memo from a senior associate or partner to analyze facts on a client matter and report back in writing with (1) an analysis of the evidentiary matters and (2) a plan of action. Two papers during semester on topics covered in class. Take Home Final on the evidentiary matters covered during the last few weeks of the semester.
Applied Mediation (EXP) (70726)
Experiential CourseThis 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)
Experiential CourseApplied Mediation II: Advanced Domestic Relations Mediation â 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.
Arbitration of IP Disputes (74135)
Business Law, Intellectual Property & Technology Law
Increasingly, international disputes involving intellectual property issues are being resolved through commercial arbitration, despite disapproval from some quarters on grounds of policy or practicality. There have also been recent cases of intellectual property being the subject of investment treaty arbitration. The module is aimed helping law students understand this developing situation and exploring some of the particular issues that arise from the application of arbitration as a dispute resolution process in international IP cases. Issues of arbitrability, drafting, choice of law, procedure, broader policy considerations, and enforceability specific to international IP cases will be discussed.
Banking Law & Financial Institutions (70114)
Business LawThis 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.
Business Law, Public Law, Real Estate LawCourse 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)
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)
Energy and Environmental LawExamines 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)
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)
Business Law, Criminal Law, Public Law, Real Estate LawExamines the law of business organization and of agency. Explores the various forms of business organization, including sole proprietorships, partnerships, corporations, and limited liability companies, with special emphasis on corporations. Underlying themes include the purposes of business organization; formation, maintenance, and dissolution of business entities; the agency problem and fiduciary duties; federalism; the role of law and contract; and business planning.
Business Associations (LONDON) (74101)
Studies American agency, partnership and corporate law. The first part of the course explores what makes a business entity a corporation, but includes consideration of other business forms such as sole proprietorships and partnerships. The second part of the course addresses the operation of the corporation, and considers internal and external forms of control and regulation. Both parts of the course emphasize the substantive law as well as compliance with statutory formalities such as are contained in the Delaware Corporation Code.
Business Basics for Attorneys (70124)
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.
Business & Human Rights (74607)
This module explores the unfolding area of the human rights obligations of transnational corporations (TNCs) and other business enterprises. States have a duty to protect human rights from harm by third parties, including business enterprises, based on existing international law. While a consensus has emerged that business has a responsibility to respect human rights, the current framework of obligations on business may be considered incomplete. This module will consider the nature and scope of current obligations, challenges of accountability and enforcement, and future directions. It will critically examine the value of instruments such as the UNHRC Guiding Principles on Business and Human Rights currently being incorporated by businesses and adopted by States in National Action Plans. It will consider the key challenges for the UNIGWG in the development of a UN treaty imposing legally binding obligations under international human rights law on TNCs.
Carriage of Goods by Sea (LONDON) (74453)
This course looks at the carriage of goods in international trade. We live in a world in which the transportation of goods is a fundamental part of both international and domestic business, and litigation in respect of these carriage disputes is inevitable. The course is based on English Law, with comparisons made with practice under other jurisdictions where appropriate. English law is frequently chosen to govern shipping contracts, the common law nature of English law allowing for judicial "creativity." We see, therefore, the development of this area of contract law, which aims to meet the needs of those involved with the international shipment of goods. The course predominately covers contacts for the carriage of goods by sea and charterparties, as most goods are shipped by this mode of transport, although carriage by air and land is introduced. The course also considers difficulties that arise when goods are the subject of a multimodal contract of carriage, and problems that arise when carriage contracts are negotiated by freight forwarders. The combination of the intellectual rigors of the law and trade realities make this a rewarding subject.
Catholic Social Thought & The Law (70835)
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.
China Intellectual Property Law & Policy (74134)
Intellectual Property & Technology Law
This course is designed to provide the students with a unique opportunity to examine several key areas of the China IP laws and policies - online IP enforcement, trade secret protection, patent litigations, standards-setting IP policy, IP related antitrust violations. Through the discussions of key concepts, leading cases and real war stories, the course will demystify what is going on within the China legal system and enable the students to approach China related legal and policy issues.
Church, State & Society (73831)
Students and faculty in this colloquium course will engage a variety of cases and materials on the legal and other relationships among Church, State, and Society and on controversies, past and present, involving them. After several introductory meetings, guest-scholars from other institutions or other units at the University of Notre Dame will present relevant works-in-progress to the class, and participants will reflect on and respond to, both in writing and in seminar discussions, these projects. Prior study of or familiarity with First Amendment cases and doctrine is not required.
Civil Procedure (60308)
Examines the procedures used to resolve civil litigation, with an emphasis on litigation in federal courts and on federal constitutional provisions also relevant in state court. Addresses jurisdictional principles and procedural doctrines involved in structuring a lawsuit; commencing a lawsuit; developing facts and narrowing legal claims during pretrial; trying a lawsuit; and determining post-trial consequences of a judgment. Also considers the extent to which state law must be applied in federal court. If time permits, explores settlement and other alternative methods for resolving disputes.
Civil Rights (70360)
Criminal Law, Public LawPrimarily 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 Law - Sales (70105)
Sales is one of three courses in the basic commercial law curriculum. Building upon principles and themes of contract law taught during the first year of law school, Sales covers in greater depth the law concerning transactions in goods. Specifically, the course surveys UCC Articles 2 and 2A. Course topics include contract formation, warranties, risk of loss, breach and remedies, as well as the developing law governing sales in the e-commerce world.
Commercial Real Estate Finance (75113)
Business Law, Energy and Environmental Law, Real Estate LawStudents 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 projectâs 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 firmâs 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)
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)
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 Competition Law (73116)
With a principal focus on American antitrust law, this course will also consider several other competition law regimes, including those of the European Union, individual European countries, Japan and China. The course will address the policies underlying competition law, along with consideration both of substantive doctrine and enforcement mechanisms. Course materials will include both leading antitrust cases and secondary sources
Comparative Constitutional Law (73449)
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)
(Linked from London) The course will meet from 17.15-19.25 three times a week during four weeks (Tues/Wed/Thurs 18/19/20, 25/26/27 March; 1/2/3, 8/9/10 April). On the last meeting of April 10 the exam will take place. The required reading materials that will be included in the syllabus will cover the totality of the topics to be examined. The students will be expected to read one required material (typically, a short article or a case) for each one of the seminars. Other than that, the syllabus will include further, optional readings.
Comparative Law (LONDON) (74407)
Analyzes comparatively: legal concepts; law-making and law-finding in civil law and in common law; the purposes and functions of the comparative method; the history, methods and uses of comparative law; the legal families of the world; and the spirit and style of various legal systems.
Comparative Legal Traditions (70407)
This course will examine the religious and philosophical foundations of the world's major legal traditions: Civil, Common, Catholic, Jewish, Christian, Muslim, Hindu, and Confucian. We will study how these traditions come to be codified and how they transmit related values, concepts and institutions over the centuries. We will also explore what happens when these legal traditions encounter each other, including points of tension and possibilities for co-existence.
Comparative Misleading Advertising (73910)
The seminar introduces students to the most important rules and relevant case law in the field of false and misleading advertising an area of law at the crossroads of competition law and consumer protection. The problems will be analyzed at a global level, comparing the legal approaches of the U.S., the EU and some of its Member States. The course will give an overview of the most important concepts of EU law, economic theories and also the moral foundations of the laws. We will analyze in some more detail the European directive on unfair commercial practices that harmonized national legislation all over Europe. Topics to be addressed include misleading omissions in the telecoms sector, health claims, comparative advertising. We will conclude by evaluating which institutional background and which type of sanction provides the most effective way of enforcement.
Complex Civil Litigation (70316)
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.
Complex Criminal Investigations (70454)
Who Should Take This Course: Students who are hoping to be a federal or state judge on the trial or appellate level; a federal or state legislator; a law professor; a federal or state judicial law clerk; a federal or state prosecutor or public defender; or any student who might want to work within a "White Collar" Crime unit of a major or boutique law firm that handles, among other matters, corporate compliance and internal investigations. While this course has no prerequisites, law students would maximize their learning experience if they also first or simultaneously take one or more of the following courses: "Constitutional Criminal Procedure: Adjudication" (70451), "Constitutional G43Criminal Procedure: Investigations" (70452), "Criminal Law" (60302), "Criminal Process" (75110), "Federal Criminal Law" (70362), as well as more specialized courses, such as "Human Trafficking" (70410) "International Criminal Law" (70403), "Law of Terrorism" (70426), and "National Security Law" (70324).
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)
Criminal Law, Public LawThis 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 systemâs intended operation will also be addressed.
Constitutional Criminal Procedure: Investigations (70452)
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)
Public LawExamines 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)
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)
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)
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.
Presents a comprehensive study of the creation, transfer, and termination of contract rights and duties.
Copyright Law (70128)
Intellectual Property & Technology LawAn 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)
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)
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)
Business Law, Real Estate LawThis 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)
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)
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)
Criminal Law Experiential CourseThe 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)
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)
Criminal Law, Public LawDeals 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)
Criminal LawCriminal Process, sometimes called âBail to Jail,â 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.
Criminal Trial Practice Seminar (73367)
It would also be helpful to have taken Criminal Procedure, Evidence, and/or Trial Advocacy. This course, taught by a federal prosecutor, examines the life cycle of a federal criminal case, from investigation through post-trial proceedings. While the course is presented from a prosecution perspective in a federal criminal case, the knowledge and skills are relevant to lawyers representing any parties in both civil and criminal matters, in federal or state court. The course emphasizes the practical knowledge necessary to try a case, including choosing and drafting motions, picking a jury, delivering opening and closing arguments, examining witnesses, arguing evidentiary issues, and handling post-trial matters. The course will analyze actual criminal cases and will utilize materials that were filed in court.
Cyber Crime Law (73134)
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.
Cyberlaw Seminar (73135)
Intellectual Property & Technology Law
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 on-line speech; issues of privacy, anonymity and accountability; computer crime; and ownership and protection of intellectual property in digital form.
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)
Experiential CourseStudies 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)
Intellectual Property & Technology Law Experiential CourseThis course focuses on the legal protection of design, focusing primarily on industrial design. Because design implicates a number of different intellectual property regimes (utility patent, design patent, trademark, and copyright), the class takes a cross-sectional approach. That is, rather than focusing on a particular form of intellectual property protection and considering its application to different types of subject-matter, this course takes subject-matter (design) as the input and considers how each area of intellectual property might apply and the potential tradeoffs involved in pursuing different forms of protection. Students will work in groups with students in the Industrial Design department, whose thesis projects will serve as hypothetical client matters for each group. Grading will be based on client letters that each student will write to their Industrial Design "client" and live presentations of recommendations. This is a skills course. Pre-req: Law 70909.
Directed Readings (76101)
Allows independent research under the supervision of one faculty member. Letter grading system.
Directed Readings (76103)
Allows independent research under the supervision of one faculty member. Satisfactory/Unsatisfactory grading system.
Drug & Medical Device Law (70918)
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.
Early American Constitutional History (70838)
This is a course about constitutional development from the founding of the first colonies in British North America to the American Civil War. The topics considered will include constitutional understandings and practices in 17th and 18th Century Great Britain and her North American colonies; the role that differing constitutional understandings and practices played in the precipitation of the American Revolution; the constitutional arrangements that emerged in and among the states during and in the immediate wake of the Revolution, and the role that perceived shortcomings in those arrangements played in the decision to formulate a new Constitution of the United States; the manner in which participants in the framing and ratification of the Constitution sought to redress the deficiencies of preceding institutional arrangements; constitutional issues arising in the Early National Period; the nullification crisis of 1832-1833; the constitutional controversies presented by the existence of chattel slavery in a federal union; and the manner in which differing understandings of state and federal power under the Constitution contributed to secession and Civil War. Students will be evaluated based on class participation and a two-hour, closed book final examination.
Economic Justice Clinic I (EXP) (75721)
Criminal Law Experiential CourseThis 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)
Criminal Law Experiential CourseVariable 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.
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)
Energy and Environmental LawThis 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)
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)
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 Kingâs 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)
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)
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)
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)
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)
Business LawExamines 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 & Law at End of Life (73829)
Law, Ethics, and Public Policy
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.
Ethics of Criminal Justice Advocacy (70803)
Involves formulating solutions to ethical problems in the criminal justice system. Meets once per week. May be graded at the option of the instructor. Satisfies Ethics II requirement. Pre- or co-requisite: Legal Externship - Public Defender (LAW 75733)
European Employment Law (LONDON) (74408)
This course has three parts. In the first part, we will look at European Labor Law. In doing that, we will consider the relevant treaty provisions and the relevant provisions of European Directives relating to Equality, Working Conditions, Employee Rights on Restructuring Enterprises and Worker Representation. In the second part, we will examine aspects of Private International Law relating to Labor Law, including the Brussels Regulations and the Rome Convention on Applicable Law. In the third part, we will consider international labor standards and the work of the International Labor Organization.
European Union Law (70459)
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)
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.
Criminal Law, Public LawStudies the legal principles governing the proof process in judicial proceedings, with an introduction to techniques of presentation. Analyzes common-law and federal rules of evidence.
Evidence (LONDON) (74201)
Studies the American system of rules and standards that regulates the admission at trial of proof to establish controverted facts. Considers the traditional rules at length, and examines the U.S. Federal Rules of Evidence in this context.
Exoneration Justice Clinic (75726)
The Exoneration Justice Project (EJP) clinic is committed to correcting the miscarriage of justice and investigating, litigating, and overturning wrongful convictions. The clinic provides law students real-world lawyering experience representing clients that were wrongfully convicted. By working in the EJP clinic students will gain invaluable insight into the criminal justice system. The EJP clinic affords students an opportunity to work on building relationships with clients, interviewing witnesses, investigating case facts, developing case theories, conducting legal research, drafting motions for discovery and DNA testing, drafting witness affidavits and state petitions for post-conviction relief and federal habeas petitions, and participating in evidentiary hearings and other court proceedings. Students appearing in court will do so under the supervision of a state-licensed attorney. Students will also participate in skills training sessions, such as how to interview your client, how to interview a non-cooperative witness, and how to prepare a witness to testify at trial. Students will attend lectures from various NGOs and social service agencies that assist inmates in reintegrating into society after release from prison. The EJP clinic is a year-long program. Evidence, Professional Responsibility, and Intensive Trial Advocacy are pre-requisites or co-requisites for the EJP clinic. These courses must be taken either before enrollment or while enrolled in the clinic. Post-conviction remedies and Criminal Investigation and Adjudication are strongly encouraged.
Exoneration Justice Clinic II (75727)
For students who have completed Exoneration Justice Clinic already and have instructor permission to continue work in the clinic.
Expert Witnesses: Selection, Retention and Presentation (EXP) (75713)
Experiential CourseExpert witnesses are commonly deployed in both criminal and civil litigation; beginning lawyers will be expected to assist in locating potential experts, working with the experts to develop their opinions in accordance with the applicable rules, defend and prosecute Daubert challenges, and prepare expert testimony for trial. This course will expose law students to (1) the substantive law they will be expected to know that affects expert testimony and its admissibility â F.R.Civ.P. 26; Daubert v. Merrell Dow Pharmaceuticals, Kumho Tire Co. v. Carmichael, and their progeny; (2) the substantive law and practical issues involved in identifying, retaining, and communicating with experts; (3) the substantive law and practical considerations of whether to depose adverse experts; (4) the practical skills necessary to prosecute or defend expert depositions and Daubert motions; (5) the practical skills necessary to effectively present and oppose expert testimony, including the creation and use of demonstrative exhibits; and (6) the practical skills necessary to tie it all together in a trial.
Family Law (70503)
Explores the relationship between law and the most fundamental human institution. Covers the law of marriage, annulment, and divorce; other less traditional adult relationships; the relationship between family autonomy and state or third party intervention; contracts between family members (before, during, and after relationships); courtship and cohabitation between unmarried adults; the interaction between constitutional law and family law, especially concerning privacy; the law of parent and child; custody, adoption, and surrogacy; state intervention to protect child welfare; child support and its enforcement; and the accommodation of family law to pluralism in race and religion. Students are encouraged to think in terms of pervasive themes and functions of families and family law and to address family law problems through legal and non-legal materials.
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)
Focuses on the federalism and separation-of-powers issues created by the existence of dual state- and federal-court systems.Topics covered include constitutional and statutory limits on the jurisdiction of the federal courts; appellate and collateral review of state- court judgments; and federal common-law rulemaking; and the scope of the immunity of governments and government officials from suit.
Federal Criminal Law (70362)
Criminal Law, Public LawConsiders through lectures, readings, and class discussions the development of federal criminal law. Examines the Hobbs Act, Travel Act, mail fraud, drugs, tax evasion and RICO (both criminal and civil aspects). Students conduct a simulated criminal investigation that culminates in the preparation of a prosecutorial memorandum and draft indictment. Students must also complete a substantial essay.
Federal Criminal Practice (70365)
Criminal Law, Public LawTaught by a former federal prosecutor and present white-collar defense attorney, and a former state and federal prosecutor and present U.S. District Court Judge, this course focuses on strategic thinking and structural case planning in federal criminal litigation, as well as topical and ethical issues facing federal-criminal practitioners today. In particular, the course focuses on critical substantive issues in federal criminal law, and further analyzes the chronology of complicated federal-criminal investigations beginning with issues relating to the start of investigations by federal authorities, continuing with grand-jury proceedings and indictment, and finishing with strategic issues relating trial and sentencing. With regard to these stages, the instructors will present issues that the government, corporate counsel, and criminal-defense counsel face, such as the propriety of various undercover techniques, charging considerations, and decision regarding the joint representation of targets and relating to joint-defense agreements, and strategies regarding plea negotiations. This course also includes real-world case studies, and federal court observation and videotaped student presentations and discussion, based upon a pending case in Chicago, Illinois.
Federal Income Taxation (70605)
Business Law, Public Law, Real Estate LawFunctionally 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)
Energy and Environmental Law
This course examines federal policies toward Native Americans since the early 1800's and the implications of those policies on Native Americans today. Specific topics to be covered include the sovereignty of Indian Nations, federal trust responsibilities, equal protection issues, criminal, civil and regulatory jurisdiction, protection of religious practices and sacred sites, gaming, Indian land rights and environmental issues. A key goal of the course is to gain an understanding of the unique rules and procedures that apply when representing Indians or representing non-Indians and Governmental agencies in dealing with Indian Country.
Federalism Seminar (73372)
This seminar examines what the Supreme Court has described as the oldest question of constitutional law in America: the relationship between national and state governmental authority. It considers the history, political theory, and constitutional doctrine of federalism, addressing relationships between and among political and judicial institutions in the American federal system. Though the focus of the seminar is on American federalism, the matters examined implicate questions involving international law and comparative analysis. Readings include historical materials, scholarly analyses, and judicial cases.
Federal White Collar Criminal Law Seminar (73363)
The Federal White Collar Criminal Law Seminar is taught by two Assistant United States Attorneys for the United States Attorney's Office in the Northern District of Illinois, Tyler Murray (Chief, Financial Crimes Section) and Heather McShain (Deputy Chief, Financial Crimes Section and Supervisor of the Healthcare Fraud Unit). The course seeks to expand students' knowledge of the substance and practical application of federal "white collar" criminal law, and will challenge students to think and act as practicing prosecutors and defense attorneys. The course will review seven areas of federal white collar criminal law: (1) mail and wire fraud; (2) healthcare fraud; (3) financial institution fraud; (4) Foreign Corrupt Practices Act (FCPA); (5) official corruption; (6) money laundering; and (7) securities and commodities fraud. Students will gain a working knowledge of the substantive law on these topics and also a "real world" understanding of how a white collar case makes its way through the federal criminal justice system.
Felony Criminal Defense Externship - Fieldwork (75729)
Advanced Criminal Justice Externship fieldwork (3 credits s/u) The Advanced Criminal Justice Externship is a 4 credit course 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.
Felony Criminal Defense Externship - Instruction (70729)
Advanced Criminal Justice Externship Course (01 credit letter-graded) The Advanced Criminal Justice Externship is a 1 credit course 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.
Foreign Corrupt Practices Act (73403)
Studies the anti-bribery Foreign Corrupt Practices Act (FCPA) from the standpoint of a practitioner advising a U.S. client engaging in a business opportunity overseas. Topics to be addressed include: the FCPA's legislative history; the current state, and possible future trends, of FCPA enforcement by the Department of Justice and the Securities and Exchange Commission; compliance, due diligence, and mitigation strategies; and other laws that might be relevant to U.S. clients operating overseas such as the UK Bribery Act, the Travel Act, and anti-money laundering, fraud, and commercial bribery laws. Grading for the class will be based on class participation and on the writing and presentation of a research paper that may, with prior approval, be used to satisfy the Upper Level Writing Requirement. There are no pre or co-requisites for this course, other than the basic required course in Criminal Law. Class size is limited to 15 students.
Foundations of International Human Rights Law (70417)
A foundational course in international human rights law. Focuses primarily on examples from United Nations-related human rights regimes, and examines the historical and jurisprudential bases of international human rights law; the normative frameworks of the principal universal human rights treaties; and of customary international law and the institutional mechanisms for interpreting, monitoring compliance with, and enforcing those norms. Prerequisite: There are no pre-requisites for this course, although it is recommended that students take International Law (LAW 70401) before taking this course.
Freedom of Religion (70304)
Law, Ethics, and Public Policy, Public Law
The Freedom of Religion is widely regarded as a fundamental human right and as Americans' "first freedom." But what, exactly, are the content, implications, and foundations of this freedom? This course examines the precedents and doctrines relating to the Religion Clauses of the First Amendment, the history and purposes of these provisions, and the theoretical foundations of the freedom they protect. The approaches taken to religious-freedom questions in other legal regimes will also be considered. Topics include public funding for religious education, religious expression and activity in public spaces, exemptions from generally applicable laws for religious believers and religiously motivated conduct, the extent to which state action and laws may reflect religious purposes and values, the autonomy and independence of religious institutions, and the ability of government to protect and promote religious freedom as a human good.
Freedom of 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)
Law, Ethics, and Public Policy, Public LawExamines 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?
Freedom of Speech (LONDON) (74307)
Law, Ethics, and Public Policy, Public Law
This course will focus on examining the principles, doctrines, and precedents that define the freedom of speech protected under the United States Constitution. The course will also undertake comparative analysis of the protection of free speech in other countries. 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? May not have taken Law 70307.
Galilee is a signature NDLS course that challenges students to think broadly about their career paths by exposing them to a wide range of public service, public interest, and pro bono legal work in cities around the country. Students form small groups, choose a city to visit in early January before classes resume for the spring semester, and plan a 3-4 day trip to visit non-profits, governmental agencies, courts, and the pro bono department of a private firm. This course is open to first year students as well as all other J.D. and LL.M. students.
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.
Health Care Issues in Canon Law (70836)
According to the 2021 Statistical Report of the Catholic Health Association of the United States, there are 668 Catholic hospitals and 1,589 Catholic continuing care facilities across the United States, providing acute care, skilled nursing and other services including hospice, home health, assisted living and senior housing. The 2019 American Hospital Association Annual Survey reported that more than 1 in 7 patients are cared for in a Catholic hospital every day, with nearly 5 million admissions to Catholic hospitals in a one-year period. Catholic hospitals employed 525,844 full-time employees and 213,838 part-time workers. Catholic health care must comply with both civil law and ecclesiastical law. Knowledge of the Church’s own legal system, known as canon law, and how it interacts with civil law is essential for lawyers and administrators responsible for the management of ecclesiastical entities such as Catholic hospitals and health care systems.
Examples of specific issues would be in the areas relating to Catholic identity, sponsorship, mergers and joint ventures involving Catholic health care institutions; incorporation and tax-exempt status of religious organizations; the acquisition and sale (alienation) of ecclesiastical property; wills, estates, bequests and gifts involving ecclesiastical goods; liability for clergy and employee misconduct; immigration law aspects of foreign religious workers; and the interface between government regulations and the Church’s ethical and religious directives.
Moreover, the Ethical and Religious Directives for Catholic Health Care Services issued by the United States Conference of Catholic Bishops present the theological principles that guide the Church’s vision of health care. This course will examine in detail the two-fold purpose of the Ethical and Religious Directives: first, to affirm the ethical standards of behavior in health care that flow from the Church’s teaching about the dignity of the human person, and second, to provide authoritative guidance on certain moral issues that face Catholic health care today.
Health Care Issues in Canon Law should be of particular interest for law students and business students interested in the management of Catholic health care institutions. This course will be conducted as a seminar in which students will be invited to write a research paper and make a presentation on some issue of canon law and Catholic health care.
Health Law (70914)
We will examine multiple aspects of health law and policy, including issues such as quality control regulation, liability of health care professionals and institutions, health care cost and access, and selected topics in bioethics.
History and Theory of Intellectual Property (LONDON) (74130)
Intellectual property is a relatively new area of law humans created, invented, and branded long before the advent of copyright, patents and trademarks. This course considers both the history and development of intellectual property law, with a particular focus on Britain and the United States, and the theories posed to justify its existence. Students will read and discuss classic works of intellectual property scholarship alongside more recent work on IP history and theory in order to better understand the origins of modern day legal regimes and analyze the coherence and legitimacy of contemporary law.
Human Rights & Global Economy (73422)
Should our shared human dignity create our global economy? Is international human rights law deeply involved in global trade, investment, finance, banking, intellectual property, competition and antitrust, technology and automation, and the processes, institutions, constituencies, and structures that comprise our global economy? This course introduces students to the basic legal, policy, and institutional frameworks that constitute the key pillars of the international economic system (world trade, foreign investment, development finance, international banking and monetary policy, intellectual property protection, competition and antitrust, technology and automation), in order to situate, explore, and examine redress for the ongoing fundamental human rights challenges (civil, political, economic, social, cultural, labor, environmental) inimitably embedded in our global economy. Merging case studies from ongoing legal disputes, policy reports, and pending international initiatives on global business and human rights, this course is designed to provide students with a basic law and policy understanding of our global economy and the ethical decision-making necessary to address serious human rights issues in global policy-making in the international economic system. Issues that will be discussed include, among others, fiscal and monetary planning during economic crises; supply chains in the world trading system; responsible and sustainable foreign investment; homelessness, displacement, and labor issues in the "sharing" or "gig" economies; privacy and autonomy issues in automation of production processes; the preservation of cultural knowledge in the intellectual property system; among a range of urgent issues on the evolving shape and contours of our global economy.
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 programâs independent research requirement. Enrollment: limited to participants in the human rights LL.M. program.
Human Rights Practice (70415)
Criminal LawExamines 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 Rights, Sustainability & Global Commons (70408)
Energy and Environmental Law, Global Law
How does the international human rights system advance sustainable environmental practices and the protection of our global commons? This course explores the deepening integration between international human rights law and international environmental governance towards achieving the overarching objectives of sustainable development under the United Nations' Sustainable Development Goals (SDGs), especially in the context of international law principles such as the State's duty to ensure sustainable use of natural resources; the principle of intergenerational equity and the right to development; the principle of common but differentiated responsibilities; the precautionary principle for human health and ecosystems; and the principles of public participation, transparency, and access to justice. Merging a problem-based and interdisciplinary case approach with lectures, the course will problematize the linkages in case studies of: 1) sustainability-driven international regulatory reforms over the methods of production, global supply chains, and the activities of multinational enterprises, especially under the Paris Agreement on Climate Change and related environmental treaties, the World Trade Organization agreements, and the International Covenant on Economic, Social, and Cultural Rights; 2) the duty of States to conduct meaningful human rights-based due diligence review and design human rights impact assessments for foreign investment, trade, banking, infrastructure development projects in their jurisdictions, as well as for other cross-border economic activities; and 3) the mandate for greater participation of indigenous peoples and local communities in international environmental and human rights fact-finding, governance, and protection over natural resources and the protection of the global commons, and the recognition and application of this mandate in select cases at the International Court of Justice, the Inter-American Court of Human Rights, the European Court of Human Rights, national human rights commissions, and other fora.
Human Trafficking (70410)
Criminal LawIn 2000, Congress passed the first comprehensive anti-human trafficking legislation in the U.S. On grounds that â[e]xisting legislation and law enforcement in the United States and other countries are inadequate to deter trafficking and bring traffickers to justice,â 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 âanti-immoralityâ provisions. The 2000 Act created a unified mechanism for protecting and compensating victims of human trafficking.
This class explores the impact of a new tool on an ancient problem. We will begin by investigating some basic aspects of human trafficking â 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 â and, to a great extent, still are â used to address these problems, both domestically and internationally. The second half of the class will focus on the Victims of Trafficking and Violence Protection Act and its progeny. We will identify characteristics of modern trafficking victims and examine ways in which modern laws aim to protect them. Through a diligent look into the logistics of criminal and civil causes of action, we will evaluate litigation strategies and discuss particular challenges that arise in trafficking cases. We will end with an overview of other legal changes that have shaped the worldwide fight against human trafficking.
The goal of this class is to leave students with an understanding of historical and contemporary issues in the fight against human trafficking, and to familiarize them with the process of holding traffickers accountable in criminal and civil courts.
Immigration Law (70301)
Global Law, Public Law
This course surveys immigration and citizenship law in the United States. We will examine the admission, presence, expulsion, and naturalization of noncitizens, and the content and significance of U.S. citizenship and nationality, from a variety of perspectives: constitutional, statutory, and regulatory. Specific topics will include Congress; plenary power over immigration; the interaction between immigration and federalism; the constitutional rights of noncitizens; the criteria for the admission of noncitizens on a temporary or permanent basis; the grounds for exclusion and removal; the rules governing adjustment of status; and the law governing refugees and asylum. The core issues at stake in this course - the boundaries of political membership and the systems for managing migrant populations - play a significant role in many areas of the law and present fundamental challenges to the United States in the twenty-first century in terms of national security, domestic and foreign policy Recommended pre- or co-requisites: Administrative Law and Constitutional Law.
Inequality, Efficiency, and the Corporation (73115)
The course is divided in two major blocks. The first block will examine the dynamics that drive growth, the long-term evolution of inequality, and the concentration of wealth. The second block will examine the role of the corporate form in addressing the increased inequality. The course will be based on cross-country analysis with a special emphasis on the United States. Topics will include: (i) neoclassical, Keynesian, and Neo-Ricardian models of production and growth; (ii) market incompleteness and failures; (iii) patterns of growth and inequality in the US and OECD countries; (iv) inequality, the welfare state, and taxation; (v) growth, inequality, and corporatism; (vi) communitarians and contractarians theories of the corporate form; (vii) corporate social responsibility. Pre-requisite (or co-requisite): Business Association.
Information Privacy Law (73132)
Intellectual Property & Technology Law
The law of information privacy has profound implications for the media, law enforcement agencies, health care providers, online sellers, and beyond. It also helps to define citizens' interactions with each other, especially in the modern technological age. In this seminar, we will examine the law of information privacy across these and other domains. We will study the legal rules and frameworks for privacy protection, and we will explore the themes and tensions that arise as the law attempts to balance privacy against a host of other values. Course requirements include regular participation and two analytical papers.
Information Technology Law (70132)
Criminal Law, Intellectual Property & Technology Law
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 o