Accounting for Lawyers (Law 629/G; 3 cr hr) An introduction to basic accounting principles and the interaction of law and accounting. The goal of this course is not to make you an accountant, but to help you understand the accounting statements, accounting terminology, and accounting issues you are likely to encounter in legal practice. This course will be conducted completely on-line using the My.UNL (Blackboard) system. You will not need to be available at any particular time; you may review the materials on your own schedule. However, you will be required to complete each module of the course, including short assignments, on a weekly basis. (Students who have previously taken an accounting course at any level may not enroll in this course.)
Administrative Law (Law 633/G; 3 cr hr) A survey of the legal problems of governance by administrative agencies, the constitutional limits on agencies' powers and judicial review of their actions. The course includes an examination of the origin and growth of the administrative process, the development of administrative law and its impact upon traditional legal institutions, analysis of the types of federal and state administrative tribunals, their powers and functions, problems of administrative procedure and judicial and other controls upon the administrative process.
Advanced Legal Research (Law 733/G; 3 cr hr) Advanced Legal Research is an upper division elective law course. The purpose of the course is to give students deeper, more intimate exposure to the material of legal research. While the emphasis will be on practical skills, the course also endeavors to teach students the nature and philosophies of the organization and production of the materials themselves. After the course, a student should be able to analyze any research problem in terms of the types of materials that may be of use in answering the question.
Advanced Torts (Law 643/G; 3 cr hr) An advanced class in tort law, considering the general legal theory of tort, as well as specific topics not studied in detail during the required first year torts class. This may include tort claims other than the intentional torts, negligence and products liability - for example, defamation, nuisance, privacy, abuse of legal process, interference with advantageous relationships, tort claims implied from statutes, the prima facie tort and others. This may also include a number of topics relating to the functioning of tort law in social context - for example, the efficiency with which tort litigation accomplishes its apparent purposes, alternative legal mechanisms to reduce risk or promote safety, alternative systems of compensating for harms, legislative tort reform initiatives and others.
Advanced Trial Advocacy (Law 782/G; 3 cr hr) Students will perform simulation exercises concerning advanced trial advocacy topics including, among others, jury selection, expert witnesses, problem witnesses, development of a trial theme and multi-party litigation. Students will perform simulated bench and jury trials and will represent clients in mock cases selected to provide the students with a courtroom experience. Enrollment limited to 12 students per semester. Prerequisite: Trial Advocacy.
Advocacy in Mediation (Law 720; 2 cr hr) This limited enrollment course considers the differing roles of the neutral and the advocate in mediation, focusing on representing clients in all aspects of the mediation process. Students represent clients in drafting agreements to mediate, preparing for mediation, attending mediation sessions, and drafting mediation settlements. The course also covers issues such as confidentiality and ethics. This course employs role-play and drafting exercises, in addition to class discussions.
Agricultural Environmental Law (Law 722; 3 cr hr) An examination of environmental law in a resource-intensive industry: agriculture. The course will cover the Clean Water Act as it applies to agriculture, the environmental and conservation provisions of the farm program, and other areas where environmental concerns (and often regulation) interact with modern agricultural production. Time permitting, we will consider the ability of agricultural lands to produce environmental amenities for regulatory purposes or general consumption, including agriculture's role in cap-and-trade approaches to regulating carbon emissions.
Agricultural Law (Law 704/G; 3 cr hr) Legal problems and issues of unique importance to lawyers serving the agricultural sector. Representative topics include economic and environmental regulation of agriculture; organizing the farm business; financing agricultural production; marketing agricultural products; and managing agricultural risk.
Alternative Dispute Resolution (Law 708/G; 3 cr hr) This course covers the theoretical, practical, ethical and legal issues confronted by mediators, arbitrators, neutral evaluators, and other dispute resolution specialists and the parties they serve. The course considers the legal context within which alternative forms of dispute resolution take place. Procedures examined include: litigation, negotiation, mediation, arbitration, summary jury trial, mini-trial, early neutral evaluation, online dispute resolution and negotiated rulemaking. The status of these procedures is examined in light of existing law and from a public policy point of view. Issues covered include: confidentiality and privilege, conflicts of interest, finality/enforceability of resolutions, liability and ethical standards for practitioners, and judicial review of decisions.
American Foreign Affairs Relations Seminar (Law 750/G; 3 cr hr) This seminar will explore structural/organizational issues (e.g., separation of powers, federalism) related to U.S. foreign policymaking as well as U.S. foreign policy in a number of substantive areas, such as the war on terrorism and the international economy, as well as current crises in foreign policy. This course is available to online LL.M. students.
Animals and Agricultural Production - Law and Policy (Law 675/G; 2 cr hr) This course examines those areas of law that impact animal agriculture. In includes coverage of those legal regimes that implement governmental policy concerning animal welfare, animal-based medical research, food safety, consumer information, international trade, and environmental impacts. Students will also examine the underlying scientific foundation for these policy concerns.
Antitrust & Trade Regulation (Law 628/G; 3 cr hr) The control of business activities through the antitrust laws. Areas of primary emphasis include monopolies, conspiracies in restraint of trade, boycotts, resale price maintenance, exclusive dealing and tying arrangements, territorial restrictions and mergers.
Appellate Advocacy (Law 610/G; 3 cr hr) Appellate Practice & Procedure. This course explores federal and Nebraska appellate practice, including the mechanics and timing of appeals, with an emphasis on written and oral advocacy. Students will draft appellate briefs, prepare other appeal-related documents and participate in an oral argument.
Arbitration (Law 709/G; 3 cr hr) In today’s world, arbitration has become the preferred method of resolving disputes between businesses, with consumers, and in many workplaces. This course offers an in-depth look at the legal and practical issues involved in domestic arbitration, as well as an examination of the skills necessary to be a successful advocate in the arbitral forum. The course examines the use of arbitration in a number of different areas, including commercial, consumer, labor, employment, securities, construction, and international disputes. Students will need to set aside one Saturday (to be published on the calendar) to participate in arbitration hearing simulations, and the course will end two weeks early to take into account the Saturday time. Students are graded based on an in-class final, class participation, and performance in the simulated hearings.
Arms Control: Problems of Law and Technology (Law 760; 2 cr hr) This course will examine the historical, political and strategic foundations of contemporary arms control and disarmament regimes and will evaluate the nature and effectiveness of supporting legal frameworks. Specific topics will include: prohibited weapons under international law; agreements banning various conventional weapons; the successes and failures of the Chemical Weapons Convention and the Biological Weapons Convention; nuclear arms limitation agreements and underlying nuclear deterrence doctrines; the Nuclear Non-Proliferation Agreement, and; future arms control initiatives related to cyber warfare, space and emerging new military technologies.
Aviation Law (Law 661/G; 1 cr hr) This course focuses on public international air law, with emphasis on the Chicago Convention of 1944 and the International Civil Aviation Organization, the exchange of air traffic rights, and the aviation security treaties. This course will also cover selected areas of private international air law including international air carrier liability under the Warsaw and Montreal Conventions. In addition to international aviation law, this course also examines various aspects of U.S. aviation law including liability and Federal regulation of the aviation industry. This course is available to online LL.M. students.
Banking Law (Law 656/G; 3 cr hr) This course will provide the student with an overview of a number of basic banking issues. The course begins with an examination of the structure of the financial services industry, including the formation and expansion of banks and financial holding companies. The course will then focus on topical issues, including internet banking, lending (including a close look at a number of consumer fair lending laws (TILA, HELC, ECOA, HMDA and RESPA)), securitization of bank loans, securities and insurance (brokerage and underwriting) by banking institutions, international banking and other current issues in banking law, including the recent Dodd-Frank legislation. The focus of the course is on federal regulation of banking, although students will have an opportunity to compare the state regulation of banking during a conversation with local bankers and a Nebraska banking regulator.
Bankruptcy. (Law 736/G; 3 cr hr) This is a survey course. The course begins with an overview of the relationship between debtors and creditors outside of bankruptcy under state law. This unit includes an examination of the Federal Debt Collection Practices Act. Thereafter, students will participate in an examination of consumer and business bankruptcy law. Specifically, Chapter 7, 11, 12 and 13 proceedings are discussed. Students engage in a client counseling exercise designed to evaluate the client’s eligibility for a Chapter 7 proceeding by completing Form 22 using a combination of facts and the income and expense data available on the U.S. Trustee’s website. Thereafter, students use a software product utilized by a number of practicing attorneys, Best Case Software, to prepare for electronic filing a Chapter 13 petition for bankruptcy. Students also prepare a short, client-counseling memorandum for the unit on business bankruptcies related to a motion for relief from the automatic stay. Current policy issues in bankruptcy will be addressed as time permits.
Bioethics & Law. (Law 684/G; 2 cr hr) Some medical advances are troubling - they divide us deeply, and raise vexing moral questions. Bioethics is the study of these moral questions, questions that follow progress in medicine and the life sciences, questions that are vital to scientist and to nonscientist alike. Often these questions are brought before courts and legislatures, where they become legally controversial, too. This course particularly concerns the role of law and legal institutions in controlling, shaping and answering these hard questions. The topical coverage of the course emphasizes issues in scientific research, especially research on human subjects, since research lies behind most scientific and medical advances; it also emphasizes issues in death and dying (the right to refuse life-sustaining treatment, and euthanasia) and issues in human reproduction (contraception, abortion, artificial conception and genetic engineering). It has sometimes also covered the treatment of medically compromised newborns and organ transplantation. Students in Bioethics may also enroll in Style & Composition in Legal Writing for an additional hour of Law College credit.
Business Associations (Law 632/G; 4 cr hr) An introduction to the law of business associations. This course examines the relationships among the various participants in business entities and, to a lesser extent, the relationships between business entities and outsiders.
Business Planning (Law 648/G; 3 cr hr) This is a course about business planning – the process of planning business transactions in a way that takes into account many relevant bodies of law as well as the needs of clients. Students will learn about the goals and methods of business planning, the role of ethics in providing legal advice, factors that influence the choice of business entity for a venture, legal rules applying to partnerships and limited liability companies (“LLCs”), relevant laws dealing with corporations and securities regulation, laws that pertain to corporate restructurings, and laws applying to the purchase, sale, or merger of corporate businesses. Thus, the course will seek to integrate insights from many fields, some of which students may have already studied in other courses, including corporate law, partnership and LLC law, securities regulation, antitrust law, individual income tax, corporate tax, and partnership tax. Most importantly, students will acquire practical skills in applying these multiple bodies of law to help clients solve practical business planning problems involving the formation, incorporation, restructuring, and disposition of a business. These include skills in drafting relevant legal documents, including legal memoranda, articles of incorporation or organization, and restructuring, sales or merger agreements. Students will acquire these skills by working in “firms,” and each firm will prepare one or two problems. Prerequisite: Business Associations and Corporate Tax.
Capital Punishment (Law 685/G; 3 cr hr) This course examines legal doctrine and policy regarding capital punishment in the United States. It draws heavily, but not exclusively, on decisions by the United States Supreme Court. Topics addressed include: various Constitutional challenges and limitations according to Supreme Court decisions; aggravating and mitigating circumstances; jury selection and qualification; discriminatory application; the use of clinical testimony; and the role of counsel. This course differs significantly from the Jurisprudence course that addresses capital punishment. That Jurisprudence course directs primary attention to jurisprudential arguments regarding the justification of capital punishment in principle and in practice, with only secondary attention to a few of the central court cases. This course directs primary attention to the court cases and legal doctrine and policy issues arising out of those court cases. Thus, the two courses are complimentary with relatively little overlap, and neither presupposes the other. Those who wish to enroll in both courses are free to do so.
Civil Rights Litigation (Law 729/G; 3 cr hr) An examination of the major substantive and procedural issues in litigation to protect civil rights. We will consider established theories of liability and defenses, possible new developments in legal doctrine and pending statutory changes.
Client Interviewing & Counseling (Law 696/G; 3 cr hr) An introduction to the basics of legal interviewing (lawyer interaction with a client for the purpose of identifying the client's problem and gathering information on which the solution to that problem can be based) and counseling (a process in which lawyers help clients reach decisions). Course work includes class discussion of reading materials and videotaped demonstrations and role play exercises and interviews.
Clinical Practice-Civil (Law 798/G; 4-6 cr hr) Students, under close faculty supervision, advise and represent clients in a variety of civil cases, including landlord-tenant, consumer, collections, bankruptcy, immigration, tax and domestic violence cases. Open only to students with senior standing. Students may register for either 4 or 6 credit hours. Prerequisite: Pretrial Litigation.
Clinical Practice-Criminal (Law 799/G; 6 cr hr) Students prosecute a variety of misdemeanor offenses under the close supervision of a member of the faculty. The cases are prosecuted through the Lancaster County Attorney's Office and the practice component of the course is conducted out of that office. Participation in a seminar concentrating on the development of skills necessary to the prosecution of criminal cases is required. Open only to students with senior standing. Prerequisite: Trial Advocacy.
Clinical Practice-Entrepreneurship (Law 658/G; 6 cr hr) Students, under close faculty supervision, advise and represent startup business clients in a variety of early-stage legal matters, including entity formation, contract drafting and review, intellectual property protection, real estate, financing, regulatory, compliance and other transactional matters. Participation in a concurrent seminar concentrating on the development of skills necessary to effectively advise entrepreneurial clients is required. Limited enrollment pursuant to a written application process that occurs in the prior semester. Senior standing is required. Prerequisites: Business Associations and Individual Income Tax.
Clinical Practice-Immigration (Law 794; 3-6 cr; max 12) The Immigration Clinic is a course in which two students per year are permitted to enroll by faculty invitation only. Students enrolling in the Immigration Clinic represent low-income clients with immigration problems under close faculty supervision. Most of the work is in the areas of deportation defense, family-based immigrant visas, VAWA (Violence Against Women Act) self-petitions and asylum applications, although other types of immigration cases may be assigned to students from time to time at the discretion of the supervising faculty member. Students may not take Immigration Clinic and Civil or Criminal Clinic. Students in the Immigration Clinic can expect to engage in the following types of activities: factual development and analysis, frequent client interviewing and counseling, preparation of immigration applications and supporting documentation, attendance with clients at immigration interviews, appearing in Immigration Court on behalf of clients, state and federal court appearances (as dictated by clients’ legal needs), legal analysis and planning, frequent creation of written work product (including but not limited to legal memoranda, briefs, letters, and so forth), analysis and resolution of professional ethics issues, and other skills necessary to function effectively as lead counsel on a variety of immigration cases.
Commercial Law: Sales (Law 655/G; 3 cr hr) A study of the law governing the sale and lease of goods with primary emphasis on Article 2 of the Uniform Commercial Code. Among the topics included are: contract formation and modifications; acceptance and rejection of goods; warranties; risk of loss; and remedies for breach of contract, including breach of warranty remedies and non-UCC remedies in consumer transactions.
Commercial Law Seminar (Law 749/G; 3 cr hr) Commercial law has changed substantially in recent years as business practices account for technological changes and the globalization of commerce. Over the past ten years, revisions to the Uniform Commercial Code, attempting to reflect these changing practices, have been adopted by state legislatures. This seminar will explore a number of current issues in commercial law, including electronic commerce, the intersection between the UCC and bankruptcy law, the UCC and intellectual property, international secured transactions, the new certificate of title law and the UCC and a variety of issues related to Revised Articles 1, 2, 3, 4, 4A, 5, 7 and 9. Students will be expected to write and prepare a paper addressing an area of interest in commercial law.
Comparative Law: World Legal Systems and Their Relevance to U.S. Law and Practice. (Law 654/G) (3 credit hours) This is a course on comparative law – the study of the different legal systems of the world and how they relate to one another. A basic knowledge of these legal systems and their differences and similarities is becoming increasingly important for attorneys as the legal world grows interdependent and issues arise in domestic courts that require recourse to foreign law under U.S. conflict of laws principles. U.S. law firms of all sizes now routinely handle matters that involve foreign legal rules. Moreover, a knowledge of different legal systems and their varied approaches to common legal problems can help a U.S. attorney acquire a more profound and effective understanding of the U.S. legal system.
In this course we will seek to develop a general understanding of the major foreign legal systems and their impact on U.S. law, lawyers and clients. We will devote some time at the beginning of the course to acquiring familiarity with the uses and methodologies of comparative law and with the history of the major legal systems of the world, including those based on religious law. These include indigenous, Jewish, Roman, European, Christian, Islamic, Chinese, British, and American legal systems. We will compare the U.S. common law system with the British common law system and with the civil law systems of continental Europe in some detail, and will explore the uses of foreign law in U.S. federal and state courts.
Substantive topics for comparative study may include torts, contracts, civil procedure, criminal procedure, and the protection of human rights, as well as other subjects of interest to the class. We will also investigate the potential for identifying general principles of law and ethics common to most legal systems. We will acquire skills in thinking critically about comparative law and what light it can shed on the American legal system and possible reforms of it. Our approach will be interdisciplinary and integrate insights from fields such as history, legal theory, political science, ethics, and comparative religion. We will also read cases decided by foreign courts on such issues as the death penalty and compare the approach of these courts with that of U.S. courts.
Conflict of Laws (Law 642/G; 2 cr hr) The legal and constitutional concepts involved in choosing the applicable law when the essential facts of a case are not confined to one state or national sovereignty.
Constitutional History(Law 619/G; 3 cr hr) This course examines American constitutional history with a focus on “transformative” moments at which the Constitution and the nature of American politics and government changed. We will give special attention to the American Revolution and the framing of the Constitution and Bill of Rights, the Civil War and Reconstruction, and the New Deal. This course will also explore whether and how courts should rely on history and original understanding when they interpret the Constitution.
Constitutional Law I (Law 609/G; 3 cr hr) Provides a general overview of the structure of the federal government, including the history and judicial interpretation of the Constitution, the limited jurisdiction of the federal courts and the impact that has on the cases that they hear, federalism concerns, interstate commerce, due process, equal protection and separation of powers. A major issue sought to be resolved is whether there is a principled answer to what questions should be decided at the federal rather than state level and what questions should be decided by the judiciary rather than the politically responsive branches. Other major issues concern the substantive meaning of equality under the law, reproductive autonomy, the right to life, the right to marry and sexual autonomy.
Constitutional Law II (Law 732/G; 3 cr hr) This course emphasizes protected individual civil liberties created by the First Amendment. These are freedom of speech, association and press (and first amendment privacy concerns) as well as the constitutional principles underlying the first amendment's command that the "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The course also includes analysis of the origin and modern applicability of the state action concept in constitutional litigation. (Constitutional Law I is not a prerequisite for this course.)
Constitutional Problems Seminar (Law 781/G; 3 cr hr) An examination of selected constitutional issues.
Construction Law (Law 667/G; 3 cr hr) This course deals with the legal principles which have developed in the construction area. It includes the study of legal and equitable issues which result from the construction relationship and disputes relating to that relationship.
Construction Practice (Law 617/G; 3 cr hr) An in-depth study of the major facets of the construction process. Topics covered include: the project concept stage, the terms and provisions of the construction contract, the contract execution stage, the performance stage, disputes and relationships among the contracting parties, architect-engineer, construction manager, subcontractors and suppliers.
Copyright Law (Law 711/G; 2 cr hr) A course on the protection of literary, musical, artistic, and audiovisual works under the laws of Copyright and Unfair Competition. Topics include the standards for copyright protection; procedural issues including copyright notice, registration, and duration; rules governing copyright infringement and fair use; and issues arising from digital technologies, including the distribution of copyrighted works over the Internet and the use of technological measures to protect copyrighted works.
Corporate Finance (Law 746/G; 3 cr hr) This course is an introduction to the theories and applications of modern corporate finance. The course will explore a range of topics, including basic finance theories (time value of money, the efficient capital market hypothesis, the capital asset pricing model, standard deviation, etc.), the various forms of corporate finance (common stock, debt, preferred stock, options, etc.), and the documentation associated with financing transactions. Pre-requisite: Business Associations
Corporate Mergers and Acquisitions (Law 636/G; 3 cr hr) A study of corporate mergers and acquisitions, including tender offers. The course will examine the history of corporate acquisitions, their rationales, the legal duties of the officers and directors involved, different ways to structure a corporate acquisition, issues in negotiation and contracting, and securities law issues. Prerequisite: Business Associations.
Criminal Law II (Law 739/G; 3 cr hr) White Collar Crime: This course is designed both for students who want to become familiar with the types of potential criminal liability of particular concern to business and corporate clients, and students who have specific interests in the criminal law. Lawyers in civil practice with corporate, commercial or business clients should be able to anticipate and prevent client conduct that would expose the client to criminal liability or increase the degree of liability to which clients have already exposed themselves. The course addresses corporate and white collar crime including issues such as individual, corporate and conspiracy liability in the organizational context, bribery of public officials, mail or securities fraud, tax crimes, environmental crimes, RICO and criminal liability for death or injury in the workplace.
Criminal Procedure (Law 631/G; 3 cr hr) Survey of the basic problems of criminal procedure with particular emphasis on the fourth, fifth and sixth amendments to the United States Constitution and their impact on the criminal justice system.
Criminal Sanction Seminar (Law 773/G; 3 cr hr) An examination of the criminal sanction with attention to conceptual and justificatory problems. The seminar considers issues relating to the just administration of punishment, including the death penalty, as well as legal doctrines and defenses negating or mitigating criminal responsibility. The sentencing process will also be considered and attention paid to the legal rights of offenders from conviction to final release.
Cyberlaw (Law 681/G); 2 cr hr) This course will explore a range of legal issues in cyber domain, including cyber security, privacy, network ownership and access, private versus public regulation of cyberspace, speech in cyberspace, content as property and intellectual property in cyberspace, jurisdiction over cyberspace activities, liability of intermediaries, state and local regulation of cyberspace, and the interrelationship between technology and law as mechanisms of regulation. This course is available to online LL.M. students.
Deregulation Seminar (Law 779; 3 cr hr) A review of the policy arguments for and against government regulation, and their application to particular regulatory provisions. Each student will be required to write a paper examining a Nebraska regulatory provision and considering whether that particular regulation should be eliminated or modified.
Domestic Telecommunications Law (Law 726/G; 3 cr hr) This course addresses the legal framework applied in the United States to telecommunications and media, including the Internet, landline telephone, broadcast radio and television, cable television, and mobile technologies. We focus somewhat on Internet regulatory issues and the Federal Communications Commission. The course explores a range of factors affecting current law, including economic, technological, and speech concerns. The course also explores a range of laws that have shaped these media, including regulatory policy, statutes, and First Amendment doctrine. We discuss very recent and evolving law, and therefore focus on principles underlying the law as much as the law itself. This course is available to online LL.M. students.
Economic Justice (Law 770; 3 cr hr) The students in this class will examine the relationship of legal rules to the distribution of wealth. First, student will explore whether the current income and wealth “gap” differs from historical accounts about this “gap.” Next, students will briefly discuss a range of materials that present and critique the economic theory underlying various approaches to law and economics. During the balance of the course, students will engage in mock legislative hearings, simulated conferences/presentations and small group discussions on current topics in economic justice (e.g., worker supports, access to credit, access to housing, and others). We will narrow the list of possible topics during the first week of class based on the interests of the enrolled students. The readings for this discussion will be from an interdisciplinary perspective. Frequent written briefings (1-2 pages) will be required.
Education Law (Law 717/G; 3 cr hr) A study of the role that law plays in education in the United States. Topics include the rights of students and teachers, special education and disability, school finance, school searches, student discipline, privacy of records, liability of school officials and discrimination based on gender and race. Special emphasis on the emerging case law on state constitutional claims of education equity and adequacy.
Education Law Seminar (Law 621/G; 3 cr hr) An in-depth study of selected current national and state legal issues pertaining to education.
Elder Law (Law 602; 3 cr hr) This course will address the legal concerns and issues facing the rapidly growing sub-population of older adults. Topics covered in the course will include the legal and social science aspects of: ethical issues related to client legal capacity, health care decision making, Medicare, Medicaid, Social Security, long-term informal and formal care (including guardianship), financial aspects of aging, ageism, and elder maltreatment
Electronic Commerce. (Law 613/G; 3 cr hr) This course will study a variety of issues arising in electronic commerce. The issues in the course fall within three broad areas, including: (1) setting up a business in cyberspace (2) the privacy issues associated with online data collection; and (3) the laws governing the sale of goods, licensing, secured transactions and payments in an electronic environment. A variety of state, federal and international legislation and directives will be considered including: the Communications Decency Act, the Digital Millennium Copyright Act, the Fair Credit Reporting Act, the Electronic Communications Privacy Act, the USA Patriot Act of 2001, the financial privacy provisions of the Gramm-Leach-Bliley Act, digital signature statutes and the Children's Online Privacy Protection Act. Although students who have taken a UCC course will find that the information is helpful to an understanding of some of these issues, there are no prerequisites for the course. Participation on UNL's Blackboard will be required.
Emerging Family Law Issues (Law 626/G) (3 credit hours) This course focuses on cutting-edge legal issues related to family law and policy. Topics may include the regulation of reproduction, sexuality and family formation, but will largely be dictated by family law controversies in the courts at the time of the course. Family Law is not a pre-requisite for this course.
Empirical Legal Studies (Law 657/G; 3 cr hr) This course introduces students to one of the fastest growing areas of legal scholarship and practice — the use of empirical techniques in research and litigation. The emphasis of the course is on learning how to be sophisticated and critical consumers of empirical research that lawyers and experts often use to resolve legal cases and controversies, to shape legislation, and to use as argument in public policy debates. The course introduces students to survey research methodology, designing and conducting experiments, data gathering and analysis through descriptive and inferential statistics. In addition to discussing how to perform these techniques, students read cases and articles in which each of the techniques has played an important role. The course introduces law students to the social sciences through a “hands on” approach. Students will collect and analyze their own data by completing small research projects related to their areas of interest. Class sessions include discussion of social science and legal materials, lectures on the basics of empirical analysis, assistance with analyzing statistical data with computer packages, assistance with interpreting data, and student presentations. Students fulfill the course requirements through writing a paper, participating in class, presenting their research to the class, and completing several exercises. Students will learn to use computer statistical software packages (SPSS) for these exercises.
Employee Benefits Law(Law 751/G; 3 cr hr) A study of the federal tax and employment laws that govern retirement, health care, and other benefits provided by private employers to their employees. Topics include employer compliance requirements, federal claims and remedies available to employees in litigation, and federal preemption of state law. Course coverage is designed for students interested in a corporate counsel or litigation practice, estate planning, or family law, with an emphasis on legal problems that typically arise in these practice areas.
Employment Discrimination Law (Law 680/G; 3 cr hr) The inequalities in American society which arise from employment discrimination against minorities and other under-represented groups, how these inequalities are reinforced and at times created by laws and how law can be used to remedy many of these inequalities.
Employment Law (Law 647/G; 3 cr hr) An analysis of the employment relationship as it has developed outside of the collective bargaining context. The course will cover the history and current status of the employment relationship, including topics such as discharge-at-will, occupational safety and health, minimum wage/maximum hour legislation, unemployment compensation and non-competition agreements.
Entertainment Law (Law 615; 3 cr hr) A comprehensive survey and analysis of the laws governing the entertainment industry, artists, and their representatives. Students will learn about legal restraints on entertainment, including censorship of sex and violence, defamation, and privacy and publicity rights. We will also cover intellectual property in entertainment assets: copyright, trademark, artistic credits, and “moral rights.” Students will acquire a working vocabulary of important entertainment transactions, such as publishing agreements, film and television option agreements, and agent and personal management contracts. The course includes hands-on analysis of entertainment contracts, especially in the publishing, movie, and television industries. The lectures also feature examples of real-life, practical knowledge from Professor Dooling's misadventures in Hollywood doing screenwriting and television production, and his publishing industry experiences as an author, novelist, and journalist.
Environmental Ethics and Law Seminar(Law 623/G; 3 cr hr) This interdisciplinary class will engage law students and non-law graduate students in studying key theories in environmental ethics and stimulate a deeper understanding of sustainability as a principle of environmental law and ethics, especially in agriculturally dominated landscapes. The following topics may be covered: the nature of ethics and its relation to law; climate change; biofuels (implications for farm communities, water resources, and food supplies); animal rights; and genetically modified organisms (GMOs). Students will gain an enhanced ability to analyze critically and communicate clearly and persuasively through writing, informal discussion, and formal presentations.
Environmental Law (Law 641/G; 3 cr hr) An introduction to Environmental Law. The course will examine the theoretical and scientific underpinnings of environmental policy as well as specific federal laws designed to control water and air pollution or assign liability for toxic cleanups. Issues are viewed from several perspectives, including those of regulated businesses, environmental activists, and government agencies. No prior experience with environmental issues is required. All scientific and regulatory concepts will be presented in a straightforward, understandable manner. The course will be valuable not only to students with a specific interest in environmental law but also to those wanting to gain knowledge and skills essential to the successful representation of clients in any regulatory setting.
Environmental Law and Water Resource Management Seminar (Law 774/G; 3 cr hr) An interdisciplinary seminar with the Department of Civil Engineering. Emphasis usually is placed on contemporary environmental issues and water resource management.
Estate Planning (Law 767/G; 3 cr hr) Federal estate and gift taxation, related income tax rules, estate planning concepts and state inheritance taxation. Prerequisite: Taxation-Individual Income Tax. Pre- or Co-requisite: Wills & Trusts.
Estate Planning Problems (Law 768/G; 3 cr hr) Problems of planning and implementing estate plans for clients of substantial wealth with special emphasis upon skills of drafting the various legal instruments usually required for comprehensive estate planning. Pre-requisite: Estate Planning
European Regulation of Space and Telecommunications (Law 786/G; 1 cr hr) This course deals with two inter-related topics. The first relates to the interaction between the EU and the European Space Agency in particular in the development of European space activities and policies, with due attention to such other players as EUTELSAT and EUMETSAT, up to and including the discussions on their institutional integration. Also the development of such trans-European space projects as Galileo and GMES projects will pass scrutiny. The second deals with the way in which the EU has, since roughly 20 years, started to apply its general legislative and regulatory competencies in the area of the most prominent sector of commercial space which is satellite communications, as a key are within the larger area of telecommunications. Here, the gradual development of an Internal Market for satcom services will provide the focal point. Pre-requisite: Introduction to European Community Law This course is available to online LL.M. students.
Evidence (Law 646/G; 3 cr hr) The concepts of relevancy and admission of evidence will be studied, including hearsay, opinions, privileges, other exclusionary rules, examination of witnesses, judicial notice and physical evidence.
Export Control Law: International Traffic in Arms Regulations(Law 734; 1 cr hr) Commercial space, telecommunications and cyber industries are global industries involving large amounts of international trade. Accordingly, export control regimes, both domestic and international, have a large impact on these industries. The US export control regime, particularly the International Traffic in Arms Regulations (ITAR), is of particular significance given the leading role of the United States in space, telecommunications and cyber industries. This course will provide an extensive examination of ITAR, the Export Administration Act and related Executive Orders, as well as some discussion of international export control regimes influencing US laws and regulations, and the ongoing efforts to reform the US system. This course is available to online LL.M. students.
Family Law (Law 630/G; 3 cr hr) The family examined as a socio-legal entity with respect to its creation, dissolution and the problems incident to its continuation. The law of marriage and divorce is emphasized.
Family Law Practice (Law 635/G; 3 cr hr) A limited enrollment class that emphasizes family law practice skills such as ethics, interviewing, counseling, negotiations, mediation, drafting, discovery, evaluating property, tax problems, and working with other professionals. Students will work on a simulated upper middle class divorce case that culminates in negotiating a property settlement agreement and parenting plan, and working in teams of two, will also process one real low income non-contested divorce.
Federal Courts (Law 754/G; 3 cr hr) This course is an advanced study of constitutional law in the litigational context and is focused on the power, history and development of the federal judicial system and the distribution of power between the federal and state systems. The course also reviews some of the subject areas of civil procedure (Erie; removal; pendant jurisdiction; claim and issue preclusion; etc.) in the context of the power and limitations of the Article III federal courts. A general theme is to provide a guide to forum choice between state and federal courts.
Federal Regulation of Food Safety (Law 679; 2 cr hr)This course examines the federal laws and regulations that govern food safety, labeling, and marketing. A number of federal agencies administer these laws, including the Food and Drug Administration, U.S. Department of Agriculture, U.S. Department of Commerce, and U.S. Environmental Protection Agency. Students will have the opportunity to learn the history of federal food laws and enforcement and will discuss case studies highlighting current issues in the news, e.g., salmonella contamination of eggs, tort liability for “defective” foods, regulation of biotechnology use in foods, and the science underlying food regulation and food production. A significant portion of the course will examine the Food Safety Modernization Act (FSMA) signed into law by President Obama on January 4, 2011. Student grade is based on class participation, one mid-term examination (20%), and one final examination (80%).
Forced Migration and Human Rights: Refugees, Asylees, IDPs, Victims of Trafficking Seminar (Law 718/G; 3 cr hr) An examination of refugee issues in the context of domestic and international political environments. Topics for examination will include asylum reform, gender-based persecution, persecution of lesbians and gays, deficiencies in international and domestic refugee law, and firm resettlement of displaced persons. With an interdisciplinary focus, students will consider the interplay among political, social, economic, cultural and psychological phenomena as refugees, governments of host countries, and international and nongovernmental organizations interact in the context of ongoing crises around the world. Students who have previously taken Refugee and Asylum Law and Practice (Law 653) may not enroll in this course.
Gender Issues in the Law (Law 686/G; 3 cr hr) Critical review of the role of gender in shaping socio-legal relationships and policies. The course will examine selected procedural and substantive areas of the law that affect and are affected by gender. Topics include, but are not limited to, employment, property, torts, constitutional law and contractual relationships. A special emphasis will be given to the consideration of the complex relationship between gender, race and class.
Gender, Race and Class Issues in the Law (Law 664/G; 3 cr hr) Critical review of the role of gender, race and class in shaping socio-legal relationships and policies. The class will examine selected procedural and substantive areas of the law that affect and are affected by gender, race and class. Topics include, but are not limited to, employment, property, torts, constitutional law and contractual relationships. A special emphasis will be given to the consideration of the complex relationships between gender, race and class. Students who have taken Gender Issues in the Law may not take this course.
Health Care Finance Seminar (Law 701/G; 3 cr hr) This seminar considers selected specific issues in the design and control of market and government mechanisms for the diversification of risk. Although specific topics may vary with current developments, in recent years the seminar has emphasized health insurance and health care financing.
Immigration Law (Law 624/G; 3 cr hr) History of immigration to the United States, federal authority to regulate immigration, immigrant visas, non-immigrant visas, deportation, political asylum, citizenship, rights of aliens in the United States and ethical issues for immigration lawyers.
Insurance Law (Law 783/G; 3 cr hr) The law of the insurance contract. The course will focus on the features of common insurance contracts, legislative and administrative restrictions on insurance contracts and judicial techniques for interpreting, construing and regulating insurance contracts.
International Business Transactions (Law 673/G; 3 cr hr) This course primarily covers the private contractual aspects of international trade. Some public (government regulation) aspects are also addressed. Specific topics covered include the role of counsel in international business, international sales contracts and the Convention on the International Sale of Goods, use of distributors and agents, investing overseas, private international dispute resolution, choice of forum and choice of law clauses, international commercial arbitration, enforcement of foreign arbitral awards, extraterritorial legislation, responses to fairly and unfairly traded imports and the Foreign Corrupt Practices Act.
International Human Rights Law Seminar (Law 707/G; 3 cr hr) In this seminar we will examine the historical, political and philosophical roots of international human rights law, its development over the course of the last century and its contemporary role in international affairs. Specific topics that we may discuss include the relevance of international human rights law for a practicing U.S. lawyer; the effect of the United States’ recent signature and ratification of U.N. human rights conventions and the role of such conventions, and international human rights law generally, in U.S. courts; the U.S.’s interaction with international human rights bodies, such as the U.N. Human Rights Committee; customary international human rights law; the rights of women; economic and social rights; religion and human rights; the prohibition of torture and its relationship to efforts to combat terrorism; contemporary measures to enforce international human rights law through the criminal process, including through criminal tribunals like the ICTY, the ICTR, and the International Criminal Court; the activities of regional human rights systems and their organs, such as the European Court of Human Rights; and the debate on whether there is a global “responsibility to protect” victims of genocide, war crimes, and crimes against humanity, including through the use of military intervention. Students will be required to write a substantial research paper on a topic of their choice.
International Intellectual Property Law (Law 662; 3 cr hr) Overview of the United States laws of copyright, patent, trade secret and trademark for students of all backgrounds and discussions of the laws and mechanisms to protect intellectual property rights abroad including analysis of all major international treaties and conventions. This course will cover not only the legal and regulatory schemes but also the policy implications. No prior course in intellectual property or science background is requisite.
International Law (Law 640/G; 3 cr hr) This course explores issues of public and private international law with an emphasis on public international law. Specific topics covered include the nature and sources of international law rules related to making and interpreting treaties, the relationship of international law to U.S. domestic law, how international law enters the U.S. courts, limits on a nation’s ability to legislate and enforce laws outside its territory, immunity of foreign nations and their enterprises from jurisdiction of another nation’s courts, methods of international dispute settlement (from the World Court to private commercial arbitration), rules relating to the treatment of another nation’s citizens (e.g. protection of investments from expropriation), and rules relating to the use of military force. This course is available to online LL.M. students.
International Satellite Communications Law (Law 784; 1 cr hr) The branch of space law which is focused most on practical and commercial applications without a doubt is the satellite communications sector. The present class will address the specific legal regimes dealing with satellite communications law in particular at the international level. Thus, it will address the role of the International Telecommunication Union (ITU) in allocating, allotting and assigning frequency spectrum and orbital slots/orbits, and the role of the World Trade Organization (WTO) in regulating the international trade in satellite communication services. Also, the unique roles of the international satellite organizations INTELSAT and INMARSAT, especially since their transition to privatized companies kicked off, will be addressed. Finally, other, more regional developments in the USA, Europe and elsewhere will be briefly touched upon. This course is available to online LL.M. students.
International Taxation (Law 650/G; 3 credit hours) This course is an introduction to the U.S. federal income tax rules that apply to U.S. persons who live or do business abroad, or receive income from foreign sources, and to foreign persons who live or do business in the U.S., or receive income from U.S. sources. These rules are growing in importance and relevance to all kinds of taxpayers – including individuals, corporations, limited liability companies (“LLCs”), and partnerships – as people, and business and investment transactions, cross international borders with increasing frequency. The course includes a study of the role and effect of U.S. tax treaties. Students’ grades will be based on their performance on a final examination. Prerequisite: Individual Income Tax
International Telecommunications Law: Cyber Warfare (Law 756/G; 3 cr hr) This course explores international legal issues related to emerging conflicts in cyberspace and related security and technology problems. Its primary focus is on the appropriate legal frameworks, particularly the Law of Armed Conflict, which may be applicable to hostile acts in cyberspace and compares various forms of cybercrime with state-sponsored efforts to disrupt, deny, degrade or destroy information in computer networks and systems. Related topics include an examination of the use of information as a weapon; cyber techniques and technologies; private and governmental roles in cyberspace, and; increasingly diverse military operations in cyberspace (including various forms of data exploitation, espionage and sabotage). This course is available to online LL.M. students.
International Trade Law (Law 671/G; 3 cr hr) This course explores government regulation of international trade and the interaction between national and international rules governing trade. Specific topics covered include U.S. constitutional issues regarding the regulation of trade by the U.S. federal and state governments, regulations regarding the importation of goods into the United States (e.g. classifying, valuing and determining the origin of imported goods), barriers to U.S. exports, rules of the GATT and NAFTA that seek to eliminate or limit such barriers, U.S. unfair trade laws (i.e. laws designed to protect U.S. businesses from imports that have an "unfair" advantage) and the institutional and dispute settlement rules of the newly created World Trade Organization (WTO). A visitor from the Washington, D.C., trade policy community may be invited to speak. Past speakers include: U.S. Senator Chuck Hagel, Governor Ben Nelson, Congressional Representative Doug Bereuter and the Honorable Abner Mikva.
International Trade Law & Policy Seminar (Law 665/G; 3 cr hr) An in-depth look at selected issues of international trade law and policy. The seminar will examine several prominent issues of international trade law and policy, including trade in agricultural goods, new issues facing the international trading system and other topics selected by students for research papers. Visiting scholars or government officials or faculty from other departments at the university may also make presentations to the seminar. Prerequisites: International Trade Law (Law 671/G - preferred) or International Law (Law 640/G).
Introduction to European Union Law (Law 785/G; 1 cr hr) This course will provide an overview of the development of EU law from the origins of the EEC, right through the latest developments such as the establishment of the European Union and the current transition from the failed Constitutional Treaty to the new Reform Treaty. In doing so, the unique character of the EC/EU as a half-way house between a classical intergovernmental organization and a federal state will be explained, as well as the respective roles of the Council, the European Commission, the European Parliament and the European Court of Justice in the process of law-making - Regulations, Directives and Decisions - at the European level. Major substantive elements of EU law, such as the freedom of movement of goods, services, person and capital and the competition regime will also be briefly discussed. The course is open to anyone interested in a fundamental understanding of EU law, whether with a view to space activities or more broadly speaking. This course is available to online LL.M. students.
Investment Companies & Investment Advisers (Law 687/G; 3 cr hr) A survey of the regulation of mutual funds and investment advisers under the federal Investment Company and Investment Advisers Acts. Pre- or Co-requisite: Business Associations or permission of the instructor.
Jurisprudence (Law 672/G; 3 cr hr) The course will examine central jurisprudential questions that arise in the criminal law. Many of these are briefly introduced in the first year criminal law course, but time precludes careful consideration in that context. The course will consider, for example, the topics such as the following: (1) the purpose and justification of punishment, especially the legitimate role, if any, for retribution and the expressive function of punishment; (2) the relationship between retribution and revenge; (3) the justification of capital punishment; (4) the relationship among the state, defendants, and victims in the criminal process, including the proper role, if any, of victim impact statements. Jurisprudence is the study of central conceptual and justificatory questions raised by law. We will read and discuss cases that illustrate these questions, but the majority of our time will be spent on the jurisprudential arguments, rather than on covering a broad range of cases. This course will include some overlap with other criminal law courses, but it will not do so to such an extent as to render it redundant with any of them.
Juvenile Law (Law 674/G; 3 cr hr) An investigation of the relationship between children, the family and the state. Topics include both public and private law considerations with primary emphasis on the juvenile justice system and general considerations of children's constitutional rights.
Labor and Employment Law: Theory and Practice (Law 752/G; 3 cr hr) This course is designed as a modest bridge between classroom instruction in labor and employment law and real world practice in the area. Local practitioners will collaborate with the faculty member to formulate problems for the class and will participate in several class sessions. Students will engage in intensive analysis of issues arising out of the problems; they may be asked to prepare and discuss work products that fall anywhere on a continuum between the scholarly (such as law review-type analyses of complex issues) and the intensely practical (such as drafting interrogatories). The class has a limited enrollment. Preference will be given to students who have earned at least six credits from the following courses: Civil Rights Litigation, Civil Rights Litigation Seminar, Employment Law, Employment Law Seminar, Labor Law, Labor Law Seminar, Legal Control of Discrimination, Legal Control of Discrimination Seminar, Pension and Employee Benefit Law, Public Employment Law.
Labor Law (Law 753/G; 3 cr hr) Legislative and judicial patterns of the modern labor movement; the objectives of labor combinations; the forms of pressure employed for their realization and prevention; strikes, boycotts, picketing and lockouts; the legal devices utilized in carving out the permissible bounds of damage suits involving labor activity; the labor injunction; the National Labor Relations Board; the nature of collective bargaining agreements; and extralegal procedure for settling labor disputes-the techniques of mediation, conciliation and arbitration.
Land Use Planning (Law 699/G; 3 cr hr) Analysis of the legal and administrative aspects of the regulation of land use and development, the problems and techniques of urban planning at the various levels of government and the relationship of private owners and builders to the government policies involved in shaping the physical environment.
Law & Behavioral Science (Law 762/G; 3 cr hr) This course examines actual and potential uses of social scientific research findings and theories in the law. The course examines methods for evaluating the quality and application of social scientific evidence. The uses of social scientific evidence to determine facts, to make law, to provide contextual background for legal decisions, to plan litigation and to assess the functioning of the legal system are examined in a variety of substantive areas. Topical coverage includes: establishing community standards in obscenity cases, the death penalty, research ethics, explaining and predicting behavior, jury decisionmaking, eyewitness reliability and pretrial publicity.
Law & Economics (Law 693/G; 3 cr hr) The application of economic principles to problems of legal interpretation and policy. The course gives students the necessary economic background for substantive courses in such areas as antitrust, regulated industries, and environmental law and also demonstrates the power of economic analysis when applied to problems in such diverse areas as contracts, property, torts, criminal law, family law, corporations, taxation, securities, procedure, and constitutional law. Grades will primarily be based on one final exam.
Law & Liberty in Time of Crisis Seminar (Law 721; 3 cr hr) An examination of constitutional rights and limits on liberty during times of crisis. The foundation will be a review of selected events such as the Alien and Sedition Acts, habeas corpus in the Civil War, the World War I Espionage Act, World War II internment of aliens, the Steel Seizure, the 1950's Red Scare, and the Pentagon Papers. Students will use this foundation to prepare a seminar paper addressing a selected issue about law and liberty under post-9/11 legislation and executive action.
Law & Literature (Law 712/G; 3 cr hr) In Law & Literature, we will study the law-in-literature, and the law-as-literature. Novelists, poets, and playwrights dramatize the law and legal events in ways that the bare fact patterns of caselaw cannot. We will read literature that examines "the law" as an object of fascination and revulsion. We will enrich our professional lives by studying great characters, as they struggle with the seamless web called LAW. We will also examine the law-as-literature. Legal writers employ most of the literary devices found in literature, such as narrative structure, metaphor, and ambiguity, to name only a few. We will examine legal texts using the tools of literary analysis and explore the literary aspects of the law. Before beginning our careers as lawyers, we'll try to pause and absorb the wisdom of those who have gone before us. Mixing law and literature in the laboratories of our imaginations, we shall also try to unravel the many ways we conceal, or reveal, meaning in texts.
Law & Medicine (Law 703/G; 3 cr hr) A survey of the major topics at the intersection of law and medicine in America today. Most of these topics will relate to the legal implications of health care quality and cost, to the legal implications of access to health care or to issues in the area of bioethics. In particular, the class will devote time to rights of access to health care; to the financing of health; to the legal implications of the quality of health care; to the laws relating to medical personnel and institutions; to the individual rights of patients; and to the medicolegal issues surrounding morally controversial developments in medicine and the life sciences, such as organ transplantation, the new reproductive technologies, the right to die and active euthanasia. (Students interested in issues of health insurance and health care financing should also consider taking Insurance Law (Law 783/G), which includes these issues in its coverage of insurance law.)
The Law of Provider & Patient (Law 737; 2 cr hr) This course covers a limited but central topic in the larger field of health-care law - the law bearing on the relationship between a health-care provider and a patient. We will therefore survey the legal rights and obligations of patients and their health care providers, individual and institutional. As part of our survey, we will cover qualification as a health care provider (institutional and individual licensure); the legal doctrines relating to the formation of provider-patient relationship; the locus of decisional authority in the relationship; the provider's fiduciary duties to the patient (to deliver care of professionally acceptable quality [including traditional malpractice law], to avoid conflicts of interest, to respect the patient's privacy and to protect the confidentiality of medical information about the patient); the reciprocal obligation of the patient to take reasonable steps to assure payment and to comply with medical directives; and the legal doctrines relating to the termination of provider-patient relationships. As an important contrast to the law and ethics or therapeutic relationships, we will also explore the way provider-patient obligations are affected when the patient also becomes the subject of medical or scientific research. Students in The Law of Provider & Patient may also enroll in Style and Composition in Legal Writing for an additional hour of Law College credit.
Law Office Management (Law 603; 2 cr hr) The course is intended to help prepare students interested in the private practice of law in a solo or small firms. While the course will emphasize issues confronted by the "small firm" and/or sole practitioner, "large firm" practice may be discussed by way of example or contrast. Class topics will include why solo or small practice may be appealing or not appealing to recent graduates. The advantages/disadvantages of practicing in non-metropolitan settings will be analyzed. Law firm organizational structures will be reviewed, e.g., solo practice, partnerships, professional corporations, limited liability companies, limited liability partnerships and partnership and shareholder agreements. The roles of partners, shareholders, associates and non-lawyer staff e.g., law clerks, paralegals and legal secretaries will be considered. The ethical issues involved in the "marketing" of legal services, firm financial matters, including how to bill and get paid, where to locate an office including office sharing arrangements will be emphasized. Managing the law firm including negotiating leases for office space, creating and presenting a business plan to a financial institution and dealing with clients within the organizational structure will also be discussed. Finally, the course will consider managing the legal product as well as physical resource needs such as "traditional" libraries vis-a-vis electronic information resources, how to find and utilize legal forms and the use and availability of various office management systems.
Legal Profession. (Law 790/G; 3 cr hr) A systematic study of the principles of professional responsibility governing the practice of law in the United States. This course meets the faculty's requirement for a course in professional responsibility.
Mass Communication Law (Law 649/G; 3 cr hr) In-depth focus on the first amendment. Selected topics include the legal distinctions between the print and broadcast media, free press and fair trial, defamation, privacy, state secrets, pornography, commercial speech and access to the media.
Mediation (Law 710/G; 4 cr hr) A study of the process in which a trained neutral third party assists others in resolving a dispute or planning a transaction. Students will be trained in basic mediation skills through readings, demonstrations, simulations and the keeping of a mediation notebook. Topics covered include the nature of mediation and its relationship to other forms of dispute resolution, the nature of conflict, model and styles of mediation, negotiation theory, communication skills, the interest-based mediation process, the representation of clients in mediation, special issues relating to attorney mediators and mediators standards and ethics.
Mental Health Law (Law 763/G; 3 cr hr) The course is taught concurrently with Mental Health Law Seminar (Law 772/G). It addresses the major areas of law in which people with psychological disorder are treated differently than people who do not suffer such impairment. The law treats disordered people differently than people without psychological impairment for a variety of civil and criminal purposes.
This course addresses both civil and criminal issues that are likely to arise in practice. These include: civil competence for a variety of purposes; civil guardianship and conservatorship; civil commitment; confidentiality and privilege; health care provider liability in the context of mental health care; competence to proceed at several stages of the criminal process; criminal responsibility; and criminal sentencing. The course does not presuppose or require any prior training in psychology. Each student chooses whether to take an exam or write a paper. Students who have previously taken, or are currently enrolled in, Mental Health Law Seminar (Law 772/G) may not enroll in this course.
Mental Health Law Seminar (Law 772/G; 3 cr hr) The seminar is taught concurrently with Mental Health Law (763). It addresses the major areas of law in which people with psychological disorder are treated differently than people who do not suffer such impairment. The law treats disordered people differently than people without psychological impairment for a variety of civil and criminal purposes.
This course addresses both civil and criminal issues that are likely to arise in practice. These include: civil competence for a variety of purposes; civil guardianship and conservatorship; civil commitment; confidentiality and privilege; health care provider liability in the context of mental health care; competence to proceed at several stages in the criminal process; criminal responsibility; and criminal sentencing. The seminar does not presuppose or require any prior training in psychology. Each student must write a legal research paper that fulfills the substantial writing requirement. Students who have previously taken, or are currently enrolled in Mental Health Law (763/G) may not enroll in this course.
National Security Law (Law 719; 3 cr hr) This course examines international and U.S. law relevant to the handling of national security matters. On the domestic level, we will study the allocation of power under the Constitution between Congress and the President with respect to war powers and will assess the role of the courts as a check on the political branches in this area, particularly as it relates to ongoing efforts to fight terrorism. Domestic statutory authorities, especially the War Powers Resolution, will also be covered. To illustrate and better understand some of the challenges confronting individual liberties in time of war, several contemporary U.S. national security problems will be examined, particularly the military detention of suspected terrorists and their trial by military commissions. Other controversial U.S. national security initiatives, such as covert intelligence operations and the targeted killing of suspected terrorists (particularly by unmanned aerial vehicles), will be assessed in the context of both domestic and international law. The second half of the course focuses on international law governing the use of force, conflict management and collective security arrangements. Special attention will be given to the U.N. Charter, the doctrine of self-defense, arguments setting forth justifications for the unilateral use of force, intervention in internal conflicts, and the institutional framework for collective efforts to maintain international peace and security, including peacekeeping operations and peace enforcement actions.
National Security Space Law (Law 747; 1 cr hr) This course will address the national security and military aspects of space law and policy, including arms control, intelligence gathering, weaponization, and rules on the use of force as applied to space activities. This course is available to online LL.M. students.
National Space Legislation (Law 766; 1 cr hr) In view especially of the increasing commercialisation and privatisation of space activities and their applications, there is an increasing need at the national level to implement the international space treaties and some other international space law, notably by means of the establishment of national space legislation, including licensing regimes dealing for example with liability issues, or other control mechanisms. Thus, the course will discuss the various ways in which countries across the world have chosen, or are choosing, to implement relevant international requirements as well as to assert national space policies by means of such national law. A prominent place in this context will be taken by discussion of national US law on such activities as satellite communications, satellite remote sensing and space tourism. Prerequisite: Space Law This course is available to online LL.M. students.
Native American Law (Law 796/G; 3 cr hr) Investigation of the federal statutory, decisional, and constitutional law that shapes the interactions of Indian tribes, the states, and the federal government. The course includes an overview of the history of federal Indian policy and emphasizes the unique legal principles that inform the modern federal trust responsibility, tribal sovereignty, and complex civil and criminal jurisdictional issues that arise in Indian Country. Current topics including tribal water rights, tribal justice systems, reservation economic development, and tribal religious rights will also be addressed.
Native American Law Seminar (Law 797/G; 3 cr hr) Legal concepts historically used to fit Native American nations into the legal structure of the United States are examined. The legal power or jurisdiction of the federal government, the states and the tribes is explored in cases, legislation and practice. Students who have previously taken Native American Law (Law 796) may not enroll in this course.
Natural Resources Law (Law 698/G; 3 cr hr) Natural resources law is a foundational course in the environmental curriculum. It addresses the conservation and use of public lands (including National Parks, Forests and other federal and state lands), wildlife, cultural and historic properties, and mineral resources. Because many of our natural resource laws are rooted in 19th century policies, our exploration of modern natural resource management will be steeped in frontier history - westward expansion, homesteading, range wars and mining camps - and peopled with colorful (and sometimes unsavory) characters. We will focus primarily on federal law and its implications for state, tribal and private interests, as played out in the federal courts.
Negotiations (Law 740/G; 3 cr hr) This class will examine a variety of negotiation styles and give students an opportunity to apply these styles in a series of increasingly complex negotiation problems. Students will be expected to complete a journal which relates class discussions, lectures, readings and personal experiences into a guide book for future negotiation practice. Negotiation problems will include plea bargains, personal injury cases, commercial negotiations and labor management disputes. Strategic and psychological factors present in negotiation styles will be examined. The purpose of the class is to improve negotiation performance and broaden the repertoire of strategic and stylistic choices available to the student negotiator.
Patent Law (Law 697; 3 cr hr) This course will provide an introduction to the basic principles of the law of patents in the United States including the history, utility and function of the patent system; statutory and procedural requirements for patentability; recent case law; and patent enforcement mechanisms, remedies and defenses. This class will provide a foundation in patent law for general legal practice that crosscuts all potential business client interests from individual inventors to small and large companies.
Payment Systems (Law 627/G; 3 cr hr) Payment Systems is a course designed to provide the student with an overview of a number of domestic and international payment systems. The course will examine traditional concepts in payments law, including negotiability and holder-in-due course status. In addition, the course will examine modern payment systems, including credit cards, debit cards, ACH transactions, online and mobile payments, wire transfers and letters of credit. We will also consider the role of non-bank payment intermediaries and the state money transmitter statutes and other rules regulating the conduct of the new entrants in the world of payments. With respect to legal skills, students will improve their ability to interpret and apply a variety of state and federal statutes and rules.
Pretrial Litigation (Law 741/G; 3 cr hr) Concentrates on the application of procedural rules to the bringing and defending of civil law suits and on considering the tactical and strategic aspects of litigation. Students will perform weekly exercises on pleading, motion practice and discovery.
Products Liability (Law 755/G; 3 cr hr) An in-depth study of the common law and statutory systems regulating liability for product-caused injuries. Private causes of action are the focus of the class, but they may also be contrasted with administrative regulations which govern the sale and distribution of products.
Psycholegal Research (Law 757/G and Law 758/G; 3 cr hr) A substantial research and writing project on a psycholegal topic. The research is supervised and approved by a faculty member in the Law/Psychology program. Absent the prior approval of the Dean, only those students enrolled in the Law/Psychology Joint Degree Program may register for this course. Absent the prior approval of the Dean, no student may take more than six hours of Research in a Selected Field and/or Psycholegal Research.
Public Health Law (Law 687/G; 2 credit hours) Public Health is the term generally used to describe initiatives that focus on the health of entire populations. Public health generally is contrasted with health care, which most often focuses on the health needs of individuals. Public health initiatives can arise in the private sector, but because they focus on the health of entire populations, they very often originate in government, and are a part of public rather than private law. Classic examples of public health at work at the control of epidemic diseases, the assurance of sanitation in food and water and of safety in workplaces, and the regulation of tobacco and alcohol. In all these areas and many more, the law is involved in protecting the public's health. Government initiatives aimed at protecting the public's health, however, may infringe on individual liberty. In this course, students will study public health as an independent field, but the course will emphasize the law's involvement in implementing public health initiatives, and in setting limits on them.
Real Estate Transactions (Law 690/G; 3 cr hr) An examination of the typical provisions found in the legal documents that govern the transfer and financing of real estate and related legal issues with an emphasis on transactional drafting. This course covers listing agreements, real estate sales contracts, deeds and deed covenants, title examination and title insurance, mortgage substitutes such as installment sale contracts, and mortgage agreements and deeds of trust. The course concludes with an examination of the foreclosure process and alternatives to foreclosure.
Refugee and Asylum Law and Practice (Law 653/G; 3 cr hr) This course will introduce students to U.S. refugee and asylum law. Students will examine refugee issues in the context of domestic and international political environments. Topics for examination will include asylum reform, gender-based persecution, persecution of lesbians and gays, deficiencies in international and domestic refugee law and firm resettlement of displaced persons. With an interdisciplinary focus, students will study the interplay among political, social, economic, cultural and psychological phenomena as refugees, governments of host countries and international and nongovernmental organizations interact in the context of ongoing crises around the world. Contrasting viewpoints on the topics will be discussed. Along with the study of relevant substantive law and procedure, students will participate in simulations designed to teach practical skills necessary to an asylum and refugee law practice, including working with translators, interviewing and case advocacy. Asylum cases will serve as the foundation for role play exercises. Each student will be required to write a paper for the course.
Remedies & Damages (Law 743/G; 3 cr hr) An examination of the basic remedies available to redress legal wrongs: injunctions, damages and restitution. Among the topics covered are permanent injunctions (including specific performance), provisional injunctions, contempt, contract damages, tort damages (primarily personal injury and property damages), proof requirements, present value adjustments, legal restitution, equitable restitution, equitable defenses, election of remedies and declaratory relief.
Representing the Spanish-Speaking Client (Law 677; 1 cr hr) The main objective of the course is to build student’s legal vocabulary in Spanish which would include speaking, reading and writing. In addition, the course will focus on specific areas of the law where Spanish speaking attorneys are especially needed such as immigration law, labor law, family law and criminal law. The course will focus on courtroom demeanor, communication with Spanish speaking clients and knowledge of the Spanish culture. Prerequisite: Basic Spanish language and writing skills; must have basic Spanish conversation skills and be able to have a conversation in Spanish.
Research in a Selected Field (Law 669/G and Law 670/G; 1-3 cr hr) Individual study under the supervision of a faculty member. Before registering for this course, a student must (1) obtain the approval of the faculty member involved and (2) submit the Research in a Selected Field form to the Law College Registrar. Absent the prior approval of the Dean, no student may take more than six hours of Research in a Selected Field and/or Psycholegal Research.
Researching Space Law (Law 778; 1 cr hr) This course will give a very brief overview of space law as well as general international law and telecommunications law (because these latter two areas of law are so integrally connected to space law, indeed, the Outer Space Treaty incorporates the UN Charter and general international law) and train students how to research in these three areas of law. The course will place particular emphasis on space law. Students will have research problems to solve in all three areas of law. This course is only open to LL.M. students and J.D. students who have declared space and/or telecommunications law as an area of concentrated study.
Rural Development and Energy Law Seminar (Law 706; (3 cr hr) This course will cover specific laws and regulations, as well as business and policy considerations, that inform efforts to develop rural infrastructure, stimulate jobs, establish community-based financial and non-profit institutions, and encourage rural entrepreneurship. Particular emphasis will be placed on how energy law and policy may be shaping the rural future. This course will also include a comparative element, with literature from the Law and Development movement, international development, and the affordable housing and urban renewal contexts considered in conjunction with current rural development concerns.
Science and the Law (Law 660; 3 cr hr) Analysis of the role of science in the law. This class will explore issues such as biotechnology, computers, scientific evidence, regulatory approval, antitrust, and environmental law to explore the intersection of science, technology, and the effect on the law and legal decision making.
Secured Transactions (Law 644/G; 3 cr hr) After an overview of the rights and obligations of an unsecured creditor under state law, this course focuses on the rights and obligations of a secured creditor under Article 9 of the Uniform Commercial Code. Initially, the relationship between the debtor and the secured creditor is considered by examining the requirements of the taking of a security interest in personal property and the rights of the secured creditor upon default by the debtor. Thereafter, an examination of the relationship between the secured creditor and other creditors of the debtor requires a study of the filing system for perfection of a security interest and the priority rules for resolving conflicts between the secured creditor and a variety of other creditors, including the bankruptcy trustee.
Securities Brokers, Mutual Funds, and Investment Advisers (Law 723/G; 3 cr hr) Securities investors use a variety of investment professionals and entities. They may invest directly with the assistance of brokers or investment advisers, or they may invest indirectly through mutual funds or hedge funds. This course covers the regulation of those investment professionals by federal securities law: the regulation of brokers under the Securities Exchange Act; the regulation of investment companies under the Investment Company Act; and the regulation of investment advisers under the Investment Advisers Act. Neither Securities Regulation nor any knowledge of federal securities law is a prerequisite for this course. Prerequisite: Business Associations
Securities Regulation (Law 789/G; 3 cr hr) A survey of the statutes and regulations governing the distribution and trading of securities. Primary focus is on the Securities Act of 1933 and the Securities Exchange Act of 1934, with limited attention to state "blue sky" securities legislation.
Sex-Based Discrimination Law (Law 688; 3 cr hr) This course introduces two theoretical frameworks applicable to anti-discrimination law and uses them to examine efforts to curb discrimination against women and men. Feminist Legal Theory and Masculinities Theory are used as foundations through which students can analyze whether legal controls on discrimination are effective. Specific topics that may be discussed include the law as it is related to the military (male mandatory registration and female integration); obscenity (pornography and art); family (custody-related sex preferences and family structure); crime (rape and sex work); education (Title IX athletics and single-sex education); and employment (sex-specific work). There are no prerequisites for this course.
Space Law (Law 748; 2 cr hr) This course will provide a basic overview of international space law with primary emphasis on the civilian and commercial dimensions of space law and policy (including civilian government space, satellite launch, satellite navigation, and satellite remote sensing). Course coverage will include the five major international treaties dealing directly with space (the Outer Space Treaty, Liability Convention, Registration Convention, Rescue and Return Agreement, and Moon Treaty) and the application of these Cold-War era treaties to modern space activities, some other international treaty regimes such as that of the international space station, “soft law” instruments such as UN Resolutions or the Charter on Space and Major Disasters attempting to regulate space, as well as the mechanisms for the creation and negotiation of international space law, including the United Nations Committee on the Peaceful Uses of Outer Space, to address new or growing problems such as orbital debris and space traffic management, private commercial spaceflight ('space tourism') and the exploitation of celestial resources. This course is available to online LL.M. students.
Spectrum Management Law and Policy (Law 724; 1-3 cr hr) This course will cover the basic governing law and policy behind the primary spectrum management debates. It will include coverage of the FCC/NTIA split jurisdiction over spectrum, Title III of the Communications Act, and spectrum allocation and assignment issues including auctions, licensed v. unlicensed models, cognitive radios, and special spectrum considerations behind broadcast and satellite. This course is available to online LL.M. students.
Sports Law (Law 694/G; 3 cr hr) Selected legal issues affecting amateur and professional sports. Among others, likely topics to be covered will include the applicability of antitrust, communications, contract, labor, employment, trademark and tax laws to amateur and professional sports; the Division I NCAA governance structure; the relationship between the NCAA and international competition conducted under the auspices of the USOC and national sports governing boards; the ethical and professional aspects of player representation; the extra-governmental regulation of amateur athletics; and negotiations for media sports coverage. On occasion, there will be guest lecturers.
State and Local Government Law (Law 788/G; 3 cr hr) The law of local government units, including their relationship with state government. Topics include vertical distribution of governmental powers, theories of allocating governmental power, and recent problems in the operation and administration of local government. State constitutional law issues arise throughout our consideration of these topics.
Statutory Interpretation: Practice and Policy (Law 728; 3 cr hr) This course focuses on the tools lawyers utilize when they interpret statutes. We will begin with a statutory case study, tracking the consideration, adoption, and subsequent judicial interpretations of one particular statute. We will then examine various theories and canons of statutory interpretation. We will also examine the administrative state with particular attention to issues of statutory interpretation involving administrative agencies. This course aspires to be simultaneously highly practical and jurisprudential. It will be practical in that lawyers work with statutes all the time, and this course will provide a comprehensive approach to wrestling with the problems that arise during statutory interpretation. Students should be able to apply the skills they learn in this course to help interpret statutes they encounter throughout their careers. The course will also be jurisprudential in that it asks students to explore how judges should interpret legislative enactments in light of the legislature’s public policy goals and courts’ own institutional limitations.
Style and Composition in Legal Writing (Law 713/G; 1 cr hr) This is a skills course; its aim is to require as much practical writing as reading and study. We will discuss the various causes of poor legal writing-legal writing that is unnecessarily difficult to read-and will attempt to understand what constitutes good legal writing, and what makes it work. Our primary focus will be on developing clarity, coherence and concision in legal writing. Through this class, students should develop a better understanding of the linguistic causes of good and bad legal writing, and a set of concrete writing tools for the improvement of their own writing.
Taxation-Corporate (Law 638/G; 3 cr hr) Advanced federal income tax focusing on income taxation of corporations and shareholders. Prerequisite: Taxation-Individual Income Tax.
Taxation-Farm & Ranch (Law 618/G; 3 cr hr) A selection of substantial income tax and other tax-related problems and issues affecting farmers and ranchers. Prerequisite: Taxation-Individual Income Tax.
Taxation-Individual Income Tax (Law 637/G; 4 cr hr) Introduction to the structure and content of the federal income tax system, focusing primarily on taxation of individuals. Material covered includes the concept of income, deductions, income splitting, capital gains, and tax accounting. The course will attempt to give the student some technical proficiency in solving tax problems as well as an understanding of the tax policy decisions implicit in the technical rules.
Taxation-Partnership (Law 745/G; 3 cr hr) An introduction to the fundamental federal income tax rules for general and limited partnerships, limited liability partnerships and limited liability companies. The professor may also choose to include some materials on the substantive (state) law of general and limited partnerships, limited liability partnerships and limited liability companies. The professor may also choose to include some materials on the state law of general and limited partnerships, limited liability partnerships and limited liability companies. Prerequisite: Individual Income Tax
Taxation-State and Local (Law 692/G; 3 cr hr) This course covers how state and local governments raise revenues and how the U.S. Constitution limits their choices. We will look specifically at how the evolution of interstate commerce (and specifically electronic commerce) has impacted state and local governments and how those governments are seeking new ways to finance themselves. We will also look at the structure of state income, sales, and property taxes. Students interested in public policy, state and local government, or issues of federalism will likely enjoy the class. Students need not have taken (or particularly enjoyed) any previous tax course to enroll or succeed in this course.
Topics in Law & Psychology (Law 764/G; 3 cr hr) In-depth analysis of specific psycholegal topics. Previous course titles have included Aging and the Law, Eyewitness Testimony, Privacy, Mental Health Policy, Legal Decision Making, Jurors/Jury Decision Making, Institutional Reform and Deinstitutionalization, Legal Policy and Child Development, Domestic Violence, Psychological Testimony in Criminal Cases: Battered Women's Cases, Expert Evidence, Children and the Law, and Psychology and Family Law.
Transnational and International Criminal Law (Law 715; 3 cr hr) This course will provide an introduction to several international law topics of current interest and special importance to the international community, particularly related to transnational criminal activities, terrorism, and international criminal law offenses. Specific topics will include: the conclusion, interpretation and termination of international agreements; state sovereignty over land, sea and air; extraterritorial state criminal jurisdiction; nationality; extradition; international criminal law; war crimes; the International Criminal Court, and; the United Nations Charter regime and related structures, including the ad hoc international criminal tribunals.
Trial Advocacy (Law 761/G; 3 cr hr) The fundamentals of trial practice. The emphasis is on questioning witnesses, selecting and addressing the jury and admitting items into evidence. Students will perform weekly exercises which are videotaped and critiqued and will also try a case to a jury. Prerequisite: Evidence.
Tribal Gaming Law Seminar (Law 731; 3 cr hr) This seminar will examine the history of tribal gaming, the landmark case of California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) and the resulting Indian Gaming Regulatory Act (IGRA). Tribal gaming is regulated by tribal, federal, and state law and is a complex mix of issues: what constitutes a tribe and tribal lands; how do newly acquired lands become Indian Country; what is the role, structure, and authority of the National Indian Gaming Commission; what defines and distinguishes Class I, Class II and Class III gaming; how are tribal - state compacts formed; who may claim a portion of gaming revenues through fees or taxes; and what institutions and political players are crucial to the public debates on tribal and state revenue sharing, tribal economic development, and off-reservation casinos
Unfair Competition (Law 645/G; 3 cr hr) A study of the federal and state statutes and common law doctrines restricting unfair methods of competition in business. Topics include false advertising, trademark law, misappropriation, trade secret law and the right of publicity.
Water Law Planning & Policy (Law 776/G; 3 cr hr) Judicial, legislative and administrative problems in water resource development, allocation and control. Representative topics include: the acquisition, maintenance and transfer of private rights to use surface water and groundwater; public rights and environmental protection; interstate allocation; and federal rights and powers.
Wills & Trusts (Law 639/G; 3 cr hr) Intestate succession and related matters, execution of wills, revocation of wills, problems created by the time gap in wills, limitations on the power to devise, construction of wills (mistake and ambiguity), "living wills", durable powers of attorney, health care directives, the elements of trust, formalities in the creation of a trust, the interest of the beneficiary, charitable trusts and problems of trust administration.