Courses listed below are offered at the College of Law. Please refer to the registration packet for the semester you are considering to determine if the course is currently being offered.
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 field of legal research. While the emphasis will be on practical skills, the course also endeavors to teach students the nature of, and philosophies surrounding, the organization and production of both electronic and traditional print materials. After the course, a student should be able to analyze any research problem and decide which resources will be the best source to find needed information. Attention is also given to teaching students about the business of building, managing and maintaining a law library. Students will be required to do a number of short assignments and will have an option to either do a take home final or write a Pathfinder for a final project.
Advocacy in Mediation Law 720; 3 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 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
Being a lawyer involves more skills than just knowing the law. Lawyers – litigators, transactional attorneys, and government attorneys alike – must take a critical look at the issues before making any number of decisions that are not based on substantive law. This ADR class is an introduction to negotiation, mediation, arbitration, collaborative law, facilitation, among other topics. Class discussion will resolve around applying skills learned to hypothetical problems. Students also have an opportunity to practice the skills learned in a number of class simulations.
American Foreign Affairs Law & Policy SeminarLaw 750/G; 3 cr hr
This seminar will explore structural/organizational issues (e.g., separation of powers, federalism) related to U.S. foreign policy-making as well as U.S. foreign policy in a number of substantive areas. Areas of foreign policy examined include the war on terrorism, international economy policy, and current foreign policy crises. 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. It 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.
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 new and emerging new military technologies.
Aviation Law Law 661; 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 by way of bilateral air service agreements. This course will also cover the most important criminal air law treaties. This course will furthermore cover selected areas of private international air law including air carrier liability under the Warsaw and Montreal Conventions, respectively the Rome Convention alternatively tort law. It will finally also include the role of the GATS and the EU in aviation law. Grade will be based on a final exam. This course is available to online LLM students.
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. 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 and the Law Law 684/G; 2 cr hr
Issues in bioethics arise when developments in medicine and the life sciences (the “bio-“ in bioethics) have difficult moral implications (the “-ethics” in bioethics). In this course we will touch on several areas of bioethics. Our principal focus will be on issues in death and dying, but we will also take up issues arising in human reproduction.
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; (ACCT 848) 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 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 seeks 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 client engagement letters, legal memoranda, partnership agreements, LLC certificates of organization and operating agreements, corporate formation documents, corporate restructuring documents, and documents associated with the purchase and sale of a business. Students acquire these skills by working in “firms,” and each firm prepares one or two problems.
Students are expected to achieve a number of learning outcomes through the course. First, students will acquire legal research and oral and written communication skills through work on the above-mentioned problems. They will engage in significant, original research involving a wide variety of legal sources – including statutes, regulations, case law, and agency rulings – as part of preparing appropriate business documents. They will also orally interview their clients and each firm will prepare and give a one-week-long oral presentation of its recommendations to its clients relating to each problem.
Second, students in the course will acquire knowledge necessary to exercise proper professional and ethical responsibilities to clients and the legal system through consideration of a variety of ethical issues associated with each problem and study of relevant rules in the Nebraska Rules of Professional Conduct. These include, for example, ethical rules involving joint representation of clients and accepting a financial interest in a client.
Third, students will acquire the knowledge necessary to organize and perform complex or specialized professional work through consideration of multiple and interrelated bodies of law bearing on each problem. Students will learn how to balance simultaneously the requirements of these different bodies of law in a way that best meets their clients’ needs, while also learning how to apprise their clients of relevant risks and tradeoffs. They will do so through shorter in-class exercises as well as the more detailed problems they will be working on with their firms.
Fourth, students will acquire the knowledge necessary to collaborate successfully with other professions and professionals, through examining a variety of issues associated with business planning problems that involve the expertise of accountants, appraisers, and economists, among other professionals. They will acquire in particular some knowledge of valuation methodologies and basic accounting concepts.
Fifth, students will have the opportunity in the course to develop the skills necessary to creatively solve complex problems, to resolve conflicts, and to lead others. As noted above, each problem involves complex issues and intersecting bodies of law. In addition, students will have the opportunity to help resolve potential conflicts – in some cases between clients (as in the formation of an LLC or partnership involving a joint representation), and in others between the client and a business co-owner or between the client and another party to a sales transaction. They will acquire skills in negotiation in working with relevant parties to develop successful business plans. And they will also have the opportunity to develop leadership skills by proposing business plans to their clients and explaining how these plans best meet their clients’ needs.
Each of these learning outcomes will be assessed through a variety of means. First, students’ written work will be reviewed by the professor, who will provide significant feedback and suggestions. Students will have the opportunity to revise their work in light of the professor’s suggestions. The professor will then assess the quality of the final work product, giving additional feedback. The professor will also assess the students’ performance in simulated client interviews, giving them comments and recommendations about their handling of these interviews. In addition, the professor will assess the students’ oral presentation skills exemplified in the one-week firm presentations, giving each student feedback on his or her presentation and how it could be improved. Finally, students will be given the opportunity to engage in their own self-assessment on a final evaluation form.
Prerequisite: Law 632/G Business Associations and Law 638/G 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.
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 needs and gathering information on which the solution to those needs can be based); and counseling (a process in which lawyers help clients reach decisions). Course work includes class discussion, reading materials, written assignments, demonstrations, self-assessment activities, and role play exercises and interviews.
Clinical Practice-Children's Justice Law 695/G; 4 cr hr; 8 HR MAX
The Children’s Justice Clinic will provide third-year students an opportunity to serve as a guardian ad litem (GAL) for children involved the child welfare system under the direct supervision of the clinic director. The primary goals of the course are to: 1) provide students in the Clinic with the knowledge, skills and ethical underpinnings necessary to function as effective advocates in a setting involving the legal needs of young children and 2) allow students to obtain certification as approved GALs in the Nebraska court system, thereby making them “practice ready” as GALs in Nebraska upon their graduation. Open only to students with senior standing. Pre-requisite: Legal Profession
Clinical Practice-Civil Law 798/G; 4-6* cr hr
Students, under close faculty supervision, represent clients in a variety of civil legal matters, including full-service representation in the areas of estate planning and post-conviction relief (pardons, conviction set-asides, and record sealing). Students may also represent low-income clients in a limited-scope capacity in the areas of family law (divorce, custody, visitation), consumer protection, landlord-tenant, guardianships, administrative appeals, name changes, and other general civil matters. Students will also have the option of leading and/or participating in one of the Clinic’s outreach projects (Project descriptions are available at (https://law.unl.edu/civil-clinic-outreach/). Each semester at least five Clinic students will have the opportunity to participate in an Advance Directive Clinic, an off-site program where students work with senior citizens in out-state Nebraska in drafting their estate planning documents (https://law.unl.edu/civil-clinic-outreach/advance-directive-clinic/)
Priority is given to students in the Litigation Skills Program of Concentrated Study. Open only to students with senior standing. Pre- or Co-requisite: Pretrial Litigation and Legal Profession [*offered for 4 credit hours only during the summer term; may be taken for 6 credit hours in the summer with professor permission]
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. Pre-requisite: Legal Profession and 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, 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. Pre-requisites: Business Associations and Legal Profession.
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. Pre- or Co-requisite: Legal Profession
Comparative Law: World Legal Systems and Their Relevance to U.S. Law and Practice. Law 654/G; 3 cr hr
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
Focus primarily on structure – judicial power, legislative power, executive power, justiciability, federalism and state sovereignty, separation of powers. May include discussion of electoral federalism and the 17th Amendment.
Constitutional Law II Law 732/G; 3 cr hr
14th Amendment Rights course - substantive and procedural due process, equal protection, incorporation of the Bill of Rights, state action. May include coverage of Second Amendment and of Section 5 enforcement of the Fourteenth Amendment. (Constitutional Law I is not a prerequisite for this course.)
Constitutional Problems Seminar Law 781/G; 3 cr hr
An examination of selected and recent constitutional issues. Some of the issues may include religious liberty after Hobby Lobby & Obergefell, recent constitutional litigation incolving contemporary abortion legislation, and whichever topics students choose for their seminar papers.
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 construction process as an example of theinitiation, administration and handling of disputes in a relational contract. The course is based on an actual construction project which the students will review and use for study purposes during the year. Topics covered include practice in the art of drafting contracts, analysis of the performance of the contracting parties, and the resolution of disputes between parties.
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; 2 cr hr
How do businesses raise money to finance operations and growth? How do investors provide that financing? What is the role of lawyers in facilitating these deals? This course offers something for future transactional lawyers and litigators alike. Students will become familiar with how businesses, investors, and fiduciaries (such as trustees) decide to put money to work. They will also be exposed to principles that recur in corporate, securities, and bankruptcy litigation. The first half of class focuses on finance for lawyers, and may cover concepts such as fundamental and market value, market efficiency, the time value of money and discounting, prudent investing in modern portfolio theory, and behavioral finance. The second half focuses on the financial transactions in a firm’s capital structure, including various forms of basic and preferred equity financing, and basic and fancy debt financing. Prerequisite or co-requisite: Business Associations or permission of the instructor.
Corporate Governance Seminar Law 746/G; 3 cr hr
[3 credit hours] This course focuses on the manner in which U.S. publicly traded companies make decisions—particularly the interactions between shareholders, the board of directors, top executives, and outside professionals such as the accounting firms that audit the companies’ annual financial statements, compensation consultants who advise on top executive pay, and search firms that assist companies when they look for new board candidates. The course includes an overview of current governance, and case studies: of WorldCom and Enron before the Sarbanes-Oxley Act; and, in shorter form, of Lehman, AIG, and Bear Stearns during the credit crisis. The course addresses in detail the revolution in auditor regulation, together with substantial additional responsibilities that now fall on the audit committee of the board of directors and reforms affecting the board’s compensation and nominating committees. The course devotes several classes to executive pay, describing that pay in detail, examining an interesting sample of the financial and economic research considering whether the amount and composition of the pay provides perverse incentives, elaborating the relationship between compensation and risk, and providing detailed descriptions of post-credit crisis efforts to change compensation in the financial sector. Throughout this portion of the course, students will consider the advisability of government intervention. The course concludes with discussions of how we might evaluate governance reforms, corporate social responsibility, the ethical obligations of attorneys who advise public companies, and how students will derive moral satisfaction in their practices as transactional lawyers. 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.
Corporate Tax Law 638/G; 3 cr hr
Advanced federal income tax focusing on income taxation of corporations and shareholders. Pre-requisite: Individual Income Tax
Criminal Adjudication Law 634; 3 cr hr
This course covers the criminal adjudication process from “bail to jail,” in other words, from the suspect’s first appearance in court through sentencing and appeal. Topics include the right to counsel, pretrial detention and bail, the charging decision, grand juries, discovery, plea bargaining, the right to a speedy trial, jury rights, proof at trial, sentencing, post-conviction review, and double jeopardy. This course is designed to complement Criminal Procedure, which focuses on the Fourth, Fifth, and Sixth Amendments to the United States Constitution, but the material may overlap slightly, and Criminal Procedure is not a prerequisite.
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: Jurisdiction and Laws Governing Users Law 681/G; 2 cr hr
This course explores a range of legal issues that arise online, focusing on how the law applies online and affects users. Topics include civil and criminal jurisdictional and choice of law issues, such as what states’ and countries’ laws apply to activities that occur on a global platform, and how do those jurisdictions enforce their laws on users and companies around the world. The course also considers a range of specific substantive issues such as online contract formation, basic regulation of encryption, the operation and history of Section 230 of the Telecommunications Act, and domestic surveillance topics such as the Wiretap and Stored Communications Acts, 4th Amendment topics, and the Computer Fraud and Abuse Act. This course is available to online LLM students. Pre-requisite: Technology Governance and Regulation: Concepts.
Students who have taken Cyberlaw cannot take Cyberlaw: Jurisdiction and Laws Governing Users.
Cybersecurity and Sectoral Data RegulationLaw 582/G; 2 cr hr
This class provides an introduction to various legal frameworks relating to data- and cybersecurity, such as data breach notification laws, regulatory data security requirements such as contained in HIPAA and GLBA, and the patchwork of statute and common law tools available for addressing cybersecurity concerns. It also prepares students to interact with professionals in other fields relevant to cybersecurity practice, and broader policy discussions about cybersecurity law and policy. This course is available to online LLM students. Pre-requisite: Technology Governance and Regulation: Concepts.
Domestic Spectrum Law and PolicyLaw 724; 1-3 cr hr
This course provides an overview of the law and policy governing spectrum management in the United States. Broad coverage includes spectrum allocation and domestic assignment, the FCC/NITA jurisdictional split, and Title III of the Communications Act. Specific coverage includes spectrum auctions, the debate over licensed and unlicensed spectrum use, and issues related to licensing satellite spectrum for use in the U.S. 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
According to the U.S. Census Bureau, retail e-commerce sales represent an increasing number of sales in the country. Given this significant shift to the digital transactions, what new legal questions arise for businesses operating in this environment? How will the answers to “old” legal questions adapt to the new environment? These two questions are central to the E-Commerce ( or “Digital Commerce”) course. Legal and policy issues in digital transactions will be the focus of the course. Students will respond to various problems with legal advise for the business owner on a variety of topics, including: choice of business model; protecting digital assets; digital contracts; electronic payments; financing intellectual property and other digital assets, consumer protection, software licenses for E-Commerce and resolution of online disputes. Cybersecurity and an extended discussion of privacy, covered in other courses, will not be the focus of this course.
Employee Benefits Law Law 751/G; 3 cr hr
A study of the federal laws that govern retirement, health care, and other benefit plans sponsored by private employers for their employees. Topics include: employer compliance requirements under the Internal Revenue Code, the Employee Retirement income Security Act of 1974, and the Affordable Care Act; the responsibilities of plan fiduciaries; federal claims and remedies available to plan participants; and federal preemption of state laws. This course uses an applied problem method of learning and is designed for students who plan to practice in the areas of corporate law, employment litigation, insurance litigation, family law, or estate planning.
Employment Discrimination Law Law 680/G; 3 cr hr
This course covers discrimination in employment because of race, gender, age, religion, national origin, and disability. It will explore the main theories of discrimination (individual disparate treatment, systemic disparate treatment, disparate impact, and reasonable accommodation); special problems of discrimination, including sexual harassment and retaliation; and the procedures and remedies that apply in employment discrimination cases.
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.
Employment Law Seminar Law 759/G; 3 cr hr
This is a general seminar on employment law so students interested in a particular topic in the area, broadly construed, could write a paper on that topic. But the focus of the discussion this semester will be on law and policy affecting wages. Papers might focus on wage issues such as whether college athletes should be paid the minimum wage; President Obama’s recent expansion of the overtime pay requirement; whether interns are covered by the Fair Labor Standards Act; the advisability of the “bonus cap” in the European Community; the operation of garnishment and wage assignment restrictions to protect wages; the role of fringe benefits such as health insurance and pensions (and the Affordable Care Act) in compensation systems; and the special rules for class actions in wage disputes.
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 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 Clinic Law 767C; 3 cr hr
Students, under close faculty supervision, will represent clients in the provision of estate planning services, including the disbursing of legal advice and the drafting of basic estate planning documents, including a simple will, a power of attorney instrument, advance directives, and title documents. In addition to the direct client work, there is a classroom component (substantive seminars), and students will meet at least weekly with their faculty supervisor for case review. Class sessions, case reviews and most client meetings will take place during evening hours; client work may require some day time commitments, as scheduled by the student. Pre--requisite: Legal Profession. Open to students with senior standing only. Enrollment Limit 8
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
Evidence Law 646/G; 3 cr hr
This Evidence course will cover the Federal Rules of Evidence and its application to the courtroom. The Rules govern whether and how information can be submitted to a judge and jury to consider when resolving a case. Therefore, a lawyer must be able to understand and use the law of Evidence to prepare a case for trial and, ultimately, to litigate a dispute in court. This course uses a problem-based approach to teach Evidence. This means that the course centers around two in-depth case files, which simulate the kind of cases that might appear in any lawyer’s office. Students will learn the Evidence rules and apply them by working problems based on these case files. Grades will be based on an out-of-class written assignment, in-class participation and performance, and a final exam. By the end of this course, students should be able to use the law of evidence in a courtroom and examine evidentiary problems that might arise before, during, and after a trial.
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, trade control regimes, both domestic and international, have a large impact on these industries. The US trade control regimes, particularly the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR) and Foreign Assets Controls, are 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, U.S. economic embargos and related Executive Orders, as well as discussion of the foreign policy and national security interests influencing US laws, regulations and policy. Particular emphasis will be given to the ongoing efforts to reform the US export control system with regard to spacecraft. This course is available to online LL.M. students.
Externship Law 792; 1-6 cr hr; Pass/No Pass
Field placement program which may only be taken with prior approval of a sponsoring faculty member. A student may participate in more than one externship, but the total number of credits for all externships shall not exceed six credit hours. Non-joint degree students may not take more than 12 total credit hours of Externship, Research in a Selected Field and non-law school courses.
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; 4 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.
Farm & Ranch TaxationLaw 618/G; 2-3 cr hr
A selection of substantial income tax, estate tax and other tax-related problems and issues affecting farmers and ranchers. Student grade is based primarily on final examination with a small amount of graded work during the semester. Prerequisite: Individual Income Tax.
Family Mediation Law 688/G; 2 cr hr
Family Mediation is a simulation-based class that meets the Nebraska Supreme Court’s Office of Dispute Resolution for an approved 30 training hours requirement to be a Parenting Act mediator under the Nebraska Parenting Act. This course explores issues involving family conflict, focusing on mediating and developing Parenting Plans for parents who are divorcing, separating, or in paternity actions. In this course, students will build on their knowledge of communication, mediation, negotiation, reflective practice, and self-awareness to prepare for family mediations. This course will use a variety of instructional methods, including discussions, lectures, videos, demonstrations, mediation role plays, coaching/feedback, exercises, and reflection. This course will be graded based on a reflective journal kept throughout the semester. Pre-requisite: Mediation (at the Law College) or equivalent outside mediation training with approval from the instructor.
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.
First AmendmentLaw 649/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.
Food & Drug Law & Policy Law 679/G; 2 cr hr
Regulation of Safety and Marketing. This course examines the federal laws and regulations that govern food & drug safety, labeling, and marketing. A number of federal agencies administer these laws, including the Food and Drug Administration and the U.S. Department of Agriculture. Students will have the opportunity to learn the history of federal food laws and enforcement, pharmaceutical drug regulation, and medical device regulation, as well as business compliance models for organizations to ensure compliance with federal standards.
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, Race and Class Law 664; 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 relationship between gender, race and class. Students may take either Gender Issues in the Law or Gender, Race and Class Issues in the Law but not both.
Human Rights 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.
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.
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 covers both private and public (government regulation) aspects of international business transactions. Specific topics covered include international sales contracts and the Convention on the International Sale of Goods (CISG), regulation of foreign investment and Bilateral Investment Treaties, (BITs), private international dispute resolution (including choice of forum and choice of law clauses, international commercial arbitration, and enforcement of foreign arbitral awards), US customs law, responses to fairly and unfairly traded imports, and international bribery and the Foreign Corrupt Practices Act (FCPA). The casebook used is a problem oriented one supplement with additional mock exercises. Students will learn the law governing the particular problem the first day of each week, and then apply the law to the facts of the problem the second day of each week. This course is available to online LLM students.
International Cyber Security: Mischief, Crime and Warfare Law 756/G; 3 cr hr
This course examines international legal issues related to emerging conflicts in cyberspace and explores threats to international cyber security posed by a wide range of hostile cyber acts, from damaging cyber mischief and crime to cyber warfare. The primary focus of the course is on the legal frameworks that may apply to hostile acts in cyber space, including the domestic criminal laws of states, international law, and particularly the law of armed conflict. The course compares various forms of cybercrime with state-sponsored efforts to disrupt, deny, degrade or destroy information in computer networks and systems, explores private and governmental roles in cyberspace, and assesses the appropriate legal responses to increasingly diverse state-sponsored military and intelligence operations in cyberspace, including those related to data exploitation, espionage and sabotage. This course is available to online LLM students.
International Gender Issues Law 716/G; 3 cr hr
An examination of selected problems of international and comparative human rights particularly focusing on gender issues in foreign legal systems and the U.S. Specific documents that may be discussed include the United States Constitution; the constitutions of other countries; Violence Against Women Act; International Covenant on Civil and Political Rights; Universal Declaration of Human Rights; United Nations Charter; International Covenant on Economic, Social, and Cultural Rights; International Covenant on Civil and Political Rights’ convention on the Rights of the Child; Convention on the Elimination of All Forms of Discrimination Against Women; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; and the Declaration on the Elimination of Violence Against Women. Completion of the Gender, Race and Class or Sex Discrimination course is helpful, but is not required.
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 is intended to build upon and expand students understanding of international law garnered in the mandatory 1L course. The first third of the course delves in great depth into the relationship between international agreements and the US legal system as well as international law governing treaties, thus building on what all students learned in the 1L mandatory course. The latter two-thirds of the course examines specialty areas of international law as “case studies” in which to apply the tools learned in the first third of the course but also to begin learning important substantive rules within the specialty areas of international law. Specialty areas in which mock exercises are conducted included international investment law, international trade law, international family law, international space law, and international human rights law. Mock exercises have students involved in international negotiations, litigation, and interagency meetings. The course also spends a week critically examining recent international law cases within the US Supreme Court and federal courts of appeal. 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 cr hr
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 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.
Introduction to Compliance Law 589/G; 3 cr hr
This course focuses on the framework underlying the recent surge in compliance programs. The course will begin with an overview of the relationship between corporate governance, risk and compliance. The course will then identify common features of a compliance program. This course will expose students to specific regulations affecting corporate compliance, such as Sarbanes-Oxley, SEC investigations, anti-money laundering, data protection, consumer finance, anti-corruption laws (such as the Foreign Corrupt Practices Act) and health care. Throughout this course students will discuss the role of a compliance officer and the coordination and integration of counsel and other experts, such as accountants. The course will explore ethical considerations of a compliance program, such as privilege and confidentiality and the role of legal counsel versus the compliance officer, and will emphasize building a culture of compliance in an organization.
Introduction to Federal Contract LawLaw 580/G; 1 cr hr
This course provides an overview of Government Contract Law. It identifies key provisions of applicable law, regulations, and general federal acquisitions contract principles. It looks at the authority of contracting officers, and how authority is delegated, and the impact of such delegation. The course will provide a basic understanding of the phases of the acquisition lifecycle including: pre-award, solicitation, award, and post-award legal issues. Federal government contract funding and fiscal matters, labor, socioeconomic policies, and fraud are also examined.
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 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 & 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 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 areas of bioethics. In particular, the class will devote time to rights of access to health care; to the financing of health care; 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.
Law & Storytelling SeminarLAW 612/G; 3 CR HR
If you like reading and writing, then this is the seminar for you. Beginning with the ancient Greeks and ending with Hollywood screenwriting, this course examines the role of storytelling in The Law. Every legal case is really a story, and every story is about conflict. We read great books about the law and great books telling great stories about the law. Novelists, screenwriters, poets, and playwrights dramatize the law and legal events in ways that the bare fact patterns of caselaw cannot. We read literature that examines "the law" as an object of fascination and revulsion. We study great characters, as they struggle with the seamless web called LAW. We also consider how legal writers employ most of the literary devices found in literature, such as narrative structure, metaphor, and ambiguity, to name only a few. We examine legal texts using the tools of literary analysis and explore the literary aspects of the law. We study how to build a story and in so doing bring the best of law and literature into the laboratories of our imaginations. If all goes well, we make some stories of our own.
Law of Provider & PatientLaw 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 ManagementLaw 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 ProfessionLaw 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.
Litigation Capstone: Labor and Employment FocusLaw 587; 3 cr hr
This course will give students hands-on experience integrating a wide-range of employment and labor law doctrine with practice skills and professional ethics. Students will be divided into attorney teams to represent a particular client in a simulated dispute. The client's student attorney team will decide how to pursue potential claims or how to defend claims brought against the client. Claims may include unfair labor practice proceedings before the National Labor Relations Board, employment discrimination and sexual harassment charges before the Equal Employment Opportunity Commission and in litigation, arbitration of employee discipline under a collective bargaining agreement, arbitration under non-union employment contracts, defamation, and claims under the Family and Medical Leave Act and ERISA. During the term, students may experience interviewing and counseling clients, filing claims with administrative agencies, conducting research in labor and employment law, drafting pleadings and legal memoranda, negotiations, engaging in discovery, and representing clients in arbitration, mediation and litigation motion practice. Much of the students' work will be self-directed, but classroom sessions will offer opportunities for instruction and coaching of student performance of practice skills from experienced labor and employment attorneys. Class sessions may be scheduled for times other than the time that appears on the course schedule. Prerequisite: At least one of Employment Law, Employment Discrimination or Labor Law or with professor permission.
MediationLaw 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 LawLaw 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 SeminarLaw 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 LawLaw 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 LawLaw 747; 1 cr hr
This course addresses the national security aspects of space law, including legal issues related to new and emerging space technologies. It includes an examination of key space arms control issues, U.S. national security space strategy, U.S. military space doctrine, the international law framework governing military uses of space and space weapons, significant contemporary challenges and initiatives in the area of national security space law, and efforts to prevent an arms race in outer space and its weaponization.This course is available to online LL.M. students.
National Space LegislationLaw 766; 2 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. This course is available to online LLM students. Pre-requisite: Space Law. Student grade is based on post-class paper based on in-class presentation.
Native American LawLaw 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 SeminarLaw 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 LawLaw 698/G; 3 cr hr
This course will introduce students to laws governing the use, allocation, and preservation of a variety of natural resources including forests, minerals, wildlife, public lands, rangelands, water, energy production, and endangered species. We will cover the frameworks that underlie various approaches to resource management and the preservation of those resources, focusing primarily on federal law. With this background, we can probe the complex interplay between environmental, economic, cultural, and political factors that govern the use and protection of natural resources.
NegotiationsLaw 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.
Nonprofit OrganizationsLaw 620/G; 3 cr hr
Advanced course in business law, focusing on the law of not-for-profit businesses. Cover doctrine; learn practice concepts relevant to working as lawyers for nonprofit organizations, and advising nonprofit business clients as outside counsel and inside advisers; become familiar with organization, private governance, and public relations of these entities. Expose students to statutes, case law, regulation and nonprofit entity organization documents. Topics include formation and entity choice; the activities nonprofits can and cannot undertake, including commercial, lobbying, and political activities; fiduciary duties and governance in these entities; forms of fundraising; the investment and use of these entities' funds; and related issues.
Partnership TaxationLaw 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 and their owners. Material covered includes a brief introduction to choice of business entity, examination of tax consequences of the principal aspects of partnership operation (formation, pass-through of income and deductions, non-liquidating distributions, and liquidating distributions), and discussion of ethical issues relating to these materials. 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. Prerequisite: Individual Income Tax
Patent LawLaw 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.
Patent Practice and Innovation ManagementLaw 578; 2 cr hr
A simulated skills-based course focused on the lifecycle of patent-protected innovation. Covered topics include: pre-patent strategy, patent searching, patent preparation and prosecution, post allowance activities, and general portfolio management. Students will interact with real or simulated inventors and examiners. The course is not limited to patent-specific students and a technical background is not required. The course is generally appropriate for those students seeking careers in intellectual property, transactional, mergers/acquisitions, litigation, and business law as well as those seeking careers in business and technical fields. The course will provide an understanding of the nature and operation of patents, hands on experience with patent searching, drafting and prosecution, and an understanding of the strategic use of patents. The course is open to law students, graduate-level engineering and science majors, MBA students, and graduate-level entrepreneur majors.
Platforms: Networks and InfrastructureLaw 726; 2 cr hr
This course introduces students to the legal, policy, economic, and technological issues surrounding the regulation of communications networks and infrastructure. The course is structured primarily around the Federal Communications Commission (FCC) and related laws and covers topics including regulation of broadcast radio and television, cable and satellite television, the telephone network, cellular and wireless communications, and the Internet. Several themes will be explored throughout the course, including the operation of regulatory agencies and administrative law, First Amendment issues relating to the regulation of speech on these networks, the relationship between antitrust and regulation, the role of regulation in promoting technological innovation, the economics of bundling and of network industries, and the social and distributive challenges of providing universal access to communications networks. Discussion will use current topics as case studies. This course is available to online LLM students. Pre-requisite: Technology Governance and Regulation: Concepts.
Students who have taken Domestic Telecommunications cannot take Platforms: Networks and Infrastructure.
Platforms: Speech and MediaLaw 787/G; 2 cr hr
This course deals with the law and practice of content governance in both online and more traditional media. The course will begin with an overview of basic First Amendment principles, and then proceed to more specific doctrines concerning the regulation of various types of sensitive subject matter including incitement, hate speech, pornography, and misinformation. The course will then examine the content governance practices of privately-owned online platforms. From here, the course will consider the First Amendment and statutory doctrines that shield and protect the editorial and content governance practices of various types of intermediaries—newspapers, broadcasters, cable providers, search engines, social platforms, and online platforms more generally. Finally, the course will discuss various levers of state influence over platforms’ handling of third-party content. This course is available to online LLM students. Pre-requisite: Technology Governance and Regulation: Concepts.
Pretrial LitigationLaw 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.
Privacy: Informational, Reputational, and Dignitary HarmsLaw 601/G; 2 cr hr
This course provides an introduction to the laws and regulations that govern information privacy in the United States and around the world and the struggles of protecting individual privacy in the modern era. A central focus is on the meaning of informational, reputational, and dignitary harms. The course considers the Constitutional, common law, and statutory mechanisms that control access to and use of information about individuals; the broad and often conflicting definitions of and principles behind these mechanisms; and different institutional approaches to regulating access to personal information, from self-regulation to criminal law, from states and localities to international treaty. Evaluation by exam or other written assignments. This course is available to online LLM students. Pre-requisite: Technology Governance and Regulation: Concepts.
Students who have taken Privacy Law cannot take Privacy: Informational, Reputational & Dignitary Harms.
Products LiabilityLaw 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 ResearchLaw 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 LawLaw 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 are 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 TransactionsLaw 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. In addition to a final exam, students are assigned to represent either the buyer or the seller and required to negotiate and draft a real estate sales contract and related transactional documents are part of a realistic real estate transaction simulation exercise.
Refugee and Asylum Law and PracticeLaw 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.
Regulation of Banks and the Fintech IndustryLaw 656/G; 3 cr hr
This course will provide the student with an overview of the regulation of the financial services industry that is engaged in the traditional banking activities of taking deposits and making loans. The course begins with an examination of the structure of the financial services industry, including the formation and expansion of banks, financial holding companies and newly created FinTech 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, during a conversation with local bankers and a Nebraska banking regulator.
Remedies & DamagesLaw 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 ClientLaw 677; 1 cr hr
The objective of this course is to introduce students to Spanish speaking attorneys in many practice areas and community members that work with Spanish speaking attorneys and their clients. The class will discuss the needs of Spanish speaking clients when dealing with county attorneys, public defenders, private practice criminal defense, private practice immigration, private practice injury cases, non-profit legal services, court interpreters and consulate representatives of foreign governments. At the end of the class, students should have a grasp of the needs of Spanish speaking clients, career opportunities for serving Spanish speaking clients and awareness of community organizations that support Spanish speaking attorneys and their clients.
Research in a Selected FieldLaw 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 LawLaw 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.
Sales and LeasesLaw 655/G; 3 cr hr
A study of the law governing the sale and lease of goods with primary emphasis on Article 2 and 2A 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 some non-UCC remedies in consumer transactions. On selected issues, the Convention on the International Sale of Goods will be examined. With this course, students will develop their contract drafting skills and enhance their ability to read and analyze a statute.
Secured TransactionsLaw 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 RegulationLaw 789/G; 3 cr hr
This course is a survey of the federal securities laws governing the distribution and trading of securities. Topics include materiality, mandatory disclosure, the definition of a security, antifraud rules, insider trading, public and private offerings of securities, secondary transactions, liability, and enforcement. 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. Prerequisite or co-requisite: Business Associations or permission of the instructor.
Selected Topics in International LawLaw 691/G; 1 cr hr
Topic for Fall 2020 - International Trade and Development: Trade and development are increasingly interconnected, and the legal, regulatory, and policy frameworks that govern economic activity within and across borders have significant implications for economic and social development. This course will examine the connection between trade law and development (including international and regional trade agreements, comparative law, and diverse areas of market regulation at the national level). It will engage students in ways in which economic law can help encourage sustainable development and deliver impact. It will also assess challenges associated with regulatory capacity and the uneven implementation of laws in practice. Overall, the course will highlight the role of law and regulation as a driver for sustainable development and inclusive growth and link broader legal frameworks and policy debates with the needs of individuals and enterprises on the ground. Cross-cutting and inter-disciplinary approaches in the field, such as rule of law, poverty alleviation, human rights, food security, global value chains, social entrepreneurship, and gender and trade will also be discussed.
Space and Satellite Business LawLaw 676; 2 cr hr
U.S. Space policy has favored increasing commercialization for three decades. Over 200 commercial space launches have occurred since the first one in 1989. New commercial activities, including ferrying cargo to and from the International Space Station and performing research and experiments for the private sector on the ISS, are becoming routine. Soon human transportation and asteroid mining will be part of the commercial space landscape. This course will review and examine the history of Presidential space policies regarding space commercialization. It also will explore the work of all key federal agencies charged with licensing and regulating the commercial space transportation and satellite industries. The course will address the statutes that give these agencies this authority and the rules that the agencies administer and enforce. The role of NASA also will be explored as the non-regulatory agency that could have a significant impact on the success of private sector-led commercial space ventures. The largest portion of the course will focus on agreements that form relationships in the commercial space industry. These include Launch Service Agreements, Satellite Purchase Agreements, Transponder Sale/Lease Agreements, Non-Disclosure Agreements, Satellite Launch and In-Orbit Insurance contracts, and Hosted Payload Agreements. The course also will look at new contract forms being used by NASA in its growing role as a consumer of commercial space services, and at the agreements that set forth the relationship between the launch site operator and launch vehicle operator. The course concludes with students engaging in a simulation of a condensed commercial space business transaction – from business plan to launch.This course is available to online LLM students.
Space LawLaw 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.
Sports LawLaw 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 LawLaw 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 PolicyLaw 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; 2 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.
Tax Policy SeminarLaw 769/G; 3 cr hr
A study of the policies of federal income taxation with emphasis on current legislative proposals and alternatives.
Taxation-CorporateLaw 638/G; 3 cr hr
This is a course about the application of the federal income tax to corporations and their shareholders. We will first examine the history of the corporate tax and influential policies concerning taxation of corporations. We will briefly explore the mechanics of the computation of a corporation’s federal tax liability, and when various business entities are classified and recognized as corporations for federal income tax purposes. We will then examine federal income tax issues arising from the formation of a corporation; the choice of capital structure of a corporation; non-liquidating distributions of cash or other property from a corporation to its shareholders; redemptions of corporate stock; distributions of stock dividends; the complete liquidation of a corporation; the taxable acquisition of corporate stock or assets; and the use of S corporations.
We will devote attention throughout the course to important public policy issues. The most important of these is whether corporate income should continue to be subject to a “double tax” - being taxed first to the corporation, and second to shareholders upon a distribution of corporate profits.
We will also seek to develop practical skills in mastering applicable legal rules and applying those rules to various types of corporate transactions. Students will acquire these skills through careful study and preparation of the assigned readings and problems before class; through vigorous class discussion with an attitude of open-mindedness and eagerness to learn from others; through in-class analysis of assigned practice problems, often as part of a team; and through optional participation in an online discussion forum.
Students are expected to achieve a number of learning outcomes through the course. First, students will have the opportunity to develop the skills necessary to creatively solve complex corporate tax problems. They will learn how to organize and perform complex or specialized professional work through consideration of overlapping corporate tax rules. Second, students will acquire oral communication skills through their preparation and explanation of the above-mentioned in-class problems. Finally, they will acquire knowledge necessary to exercise proper professional and ethical responsibilities to clients and the legal system through consideration of a variety of ethical issues associated with corporate tax practice.
Each of these learning outcomes will be assessed primarily through a graded final examination. In addition, throughout the course students will participate in solving practical corporate tax-related problems and the professor will provide oral feedback to students on their handling of these problems. Students will also have the opportunity voluntarily to complete a practice exam, and the professor will provide formative feedback to students completing this exam. Finally, students will be given the opportunity to engage in their own self-assessment on a final evaluation form.Prerequisite: 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 TaxLaw 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-PartnershipLaw 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.
Technology and the Practice of LawLaw 730/G; 3 cr hr
This course is designed to provide a basic understanding of the impact of technology on the practice of law and the benefits and risks associated with using technology in client representation.
Technology Governance and Regulation: ConceptsLaw 775/G; 3 cr hr
This single credit, pass/fail class is offered to all students at the beginning of each semester. The course serves as a foundation for other courses in the technology governance curriculum. It starts by introducing technical concepts, such as how computers and the Internet work, in a manner accessible to all students. It then continues with foundational legal concepts, such as the First and Fourth Amendments. The third portion of the class introduces regulatory concepts such as administrative and antitrust law. This course is available to online LLM students.
Topics in Law & PsychologyLaw 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.
Trial AdvocacyLaw 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 CompetitionLaw 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 & PolicyLaw 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 & TrustsLaw 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.
Workers' Compensation LawLaw 689/G; 1 cr hr
Workers' Compensation Law involves learning substantive concepts and tools for a plaintiff or defense practice that includes work-place injuries. Particular emphasis is placed on Nebraska law, practice, and procedure. Also covered is the interrelationship between workers’ compensation, tort law, subrogation, private health insurance and government insurance, such as Medicare and Medicaid. The class is taught with a practical eye toward practice, pleadings, discovery, trial and settlement. Traditionally the class includes teaching and tips from a guest Judge, vocational counselor and other attorneys.