Washington University Law
A WashU Law education introduces students to all facets of the law while also empowering them to personalize their curriculum and further investigate their areas of interest. Our program is designed to educate well-rounded, thoughtful attorneys. Students will be well prepared to make a difference for their clients, with a solid foundation in the history of the law and the skills needed to respond to new challenges.
In addition to offering a curriculum that leads to the JD degree, the law school offers multiple joint-degree programs with other graduate schools on campus as well as a variety of advanced post-JD degree programs. We also offer graduate law programs online.
Contact Information
WashU Law
Anheuser-Busch Hall
One Brookings Drive
St. Louis, MO 63130
Contact Info
Phone: | 314-935-6400 |
Website: | http://law.wustl.edu |
Courses include the following:
Law
LAW 5000 Legal Practice I: Objective Analysis and Reasoning
This course teaches students the fundamental skills of legal writing and analysis - essential tools of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 2 units. Law: RW
Typical periods offered: Fall
LAW 5001 Legal Research Methodologies I
This course teaches students the fundamental skills of legal research - an essential tool of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 0 units. Law: RW
Typical periods offered: Fall
LAW 5002 Legal Practice II: Advocacy
This course teaches students the fundamental skills of legal writing and analysis - essential tools of the lawyering profession. This course is part of the first year J.D. law curriculum. It is open only to law students in the J.D. program.
Credit 2 units. Law: RW
LAW 5003 Legal Research Methodologies II
This course teaches students the fundamental skills of legal research - an essential tool of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5009 Contracts
Legal enforcement of consensual agreements. This course is part of the first-year law curriculum.
Credit 4 units. Law: RW
Typical periods offered: Spring
LAW 5010 Contracts
Legal enforcement of consensual agreements. This course is part of the first-year law curriculum.
Credit 4 units. Law: RW
Typical periods offered: Fall
LAW 5011 Criminal Law
General principles of crime, analysis of specific crimes and the function of criminal law. This course is part of the first-year JD curriculum and is not open to non-law students.
Credit 4 units. Law: RW
LAW 5012 Civil Procedure
This course focuses on civil litigation, including pleading, discovery, pretrial motions, jurisdiction, parties, judgments. This course is part of the first-year J.D. curriculum.
Credit 4 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5013 Property
This course focuses on real and personal property, the estate concept, some of the problems of landlord and tenant law, future interests, easements. This course is part of the first-year JD curriculum.
Credit 4 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5014 Torts
Liability for intentional or accidental injuries to persons or property. This course is part of the first year JD curriculum.
Credit 4 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5015 Constitutional Law
This course provides an introduction to the United States Constitution and its role in organizing the structure of American government. Topics examined include the separation of powers, federalism, judicial review, constitutional interpretation, and the relationship between the Supreme Court and the elected branches. This course is part of the first-year J.D. curriculum.
Credit 4 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5016 Introduction to Negotiation & Dispute Resolution
This course is part of the J.D. first-year curriculum. It is open only to JD students and LL.M. students with the NDR specialization. Learning the skills of negotiation by simulations in which students will negotiate and watch their classmates negotiate.
Credit 1 unit. Law: FV, RW
Typical periods offered: Fall, Spring
LAW 5017 Torts
Liability for intentional or accidental injuries to persons or property. This course is part of the first year JD curriculum.
Credit 4 units. Law: RW
Typical periods offered: Spring
LAW 5023 Advanced Legal Research: General
Prerequisite: Legal Research Methodologies (LRM I & II), Introduction to U.S. Law and Methods I, or similar course at a previous institution if a transfer student. This course aims to deepen students' legal research skills by exploring complex and specialized sources essential for legal practice. It provides a refresher and expansion of the core concepts learned in introductory legal research courses. Additionally, it covers advanced topics such as constitutional interpretation through case law and historical documents, legislative history, federal administrative law, presidential/executive documents, and foreign, comparative, and international law (FCIL). Students will become adept at using advanced practitioner tools such as Practical Law (Westlaw), Practical Guidance (Lexis+), and transactional resources on Bloomberg Law. Students may take multiple advanced legal research (ALR) courses-either in succession or concurrently. This course, ALI: General, is for those students who want additional practice with and a deeper understanding of traditional legal research sources. By contrast, ALR: Analytics, is for those students who want to use analytical concepts for advocacy and to take a deep dive into litigation analytics. The student's final grade in the course will be based on an anonymously graded final exam. However, poor attendance and unsatisfactory completion of ungraded in-class and out-of-class assignments may result in a reduced grade.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5030 Lawyer Ethics
[This 2 unit course is part of the ethics curriculum and is considered a survey ethics course. Students may not take more than one survey ethics course for credit toward their degree.] Lawyers are often required to choose a course of action from among competing interests and duties. Lawyers may have obligations to a tribunal, clients, other persons involved in a matter, and also to themselves, their firms, and their families. This course will explore the issues most commonly encountered by practitioners and how they can and do resolve such issues. We will study the rules-based parameters of lawyer conduct, but will also consider other standards governing professional responsibility and liability, and the personal, ethical, and moral dilemmas that confront lawyers. All of these will be addressed from the viewpoint of a practitioner. Attention will also be paid to the particular issues which face the prosecutor and defense counsel in the criminal arena. Guest lecturers will address areas of particular importance. This course is not a review for the MPRE. The course will focus on the issues related to and philosophy of the Model Rules of Professional Conduct. Student grades will be based mainly on a multiple-choice final examination, although class participation will also be considered. While not taught as a traditional law school class in that the class does not emphasize case analysis, participation will include both answering questions provided in lecture notes and one or more team exercises which require out of class work. ABA Standard 310 requires not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time for each credit hour awarded. This course is designed to meet this requirement, and each student is expected to spend on average no less than two hours of out-of-class time for each one-hour of in-class time, per credit hour. 2 units.
Credit 2 units. Law: RW, WKND
Typical periods offered: Fall, Spring
LAW 5031 Ethics and Professionalism in the Practice of Law
This course satisfies the J.D. ethics requirement. It is considered a survey ethics course. Students can take only one survey ethics course. Other recently offered survey courses offered include: Lawyer Ethics and Legal Profession. This 2-credit course will provide students with the practical skills necessary to identify ethics issues, both routine and complex, and help them identify the resources available to properly resolve those issues. In addition, the course will focus on professionalism in the practice of law and its importance in improving the public perception of lawyers. Students will benefit from an understanding of the importance of ethics and professionalism to their individual legal careers. While they may ultimately practice law in any number of different work settings and specialize in various substantive practice areas, ethics and professionalism will be a daily part of their practices. The course will therefore begin with an analysis of the legal profession and the interplay between (i) defining minimum standards below which behavior may not fall, (ii) establishing standards of ideal behavior toward which attorneys should aim but cannot realistically expect to reach, and (iii) giving practical advice that conforms to the lawyer's ethical responsibility. This analysis will also examine the lawyer's dual and somewhat contradictory role in society (i.e., citizens want lawyers to be understanding and socially responsible, but the same people freely admit that, when they have a problem, they want a lawyer who will play hardball). The course will examine, inter alia, specific ethical and professional issues relating to the attorney-client relationship, the duty of loyalty to the client, ethical issues in litigation, conflicts of interest, and advertising and the marketing of legal services. Hypotheticals and problems based on real situations will be used. Grades will be based on class attendance, class participation and a final exam. 2 credits.
Credit 2 units. Law: RW, WKND
Typical periods offered: Fall, Spring
LAW 5035 Legal Profession
This course examines the ethical issues and professional responsibility concerns that face lawyers. It covers the Code of Professional Responsibility and the ABA Model Rules of Professional Conduct. Class attendance is expected. Required course.
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 5037 Legal Profession
[This course is considered a survey ethics course and satisfies the J.D. ethics requirement. Students can take only one survey ethics course.] The goal of this course is to prepare students for the ethical dilemmas they will face as practicing lawyers. The course will examine the nature and types of lawyer regulation, client-attorney relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. The course will primarily address the ABA Model Rules of Professional Conduct but will also consider ethical duties under common law and other sources of authority. Through a combination of lecture, class discussion, and video/film clips, the classes will focus on the skills of identifying and resolving the ethical issues lawyers face in practice and on the professional values of providing competent legal representation and promoting justice and fairness. Regular class attendance and participation are required. Grades will be based on a limited open-book, in-class final exam (students may only use their copy of the ABA Model Rules of Professional Conduct). 3 units
Credit 3 units. Law: RW, WKND
Typical periods offered: Fall, Spring
LAW 5039 Legal Profession
This course examines the law governing lawyers, including the allocation of authority between lawyers and clients, responsibilities of supervisory and subordinate lawyers, the confidentiality obligation and its exceptions, the attorney-client privilege, and conflicts of interest. The course places particular emphasis on the ABA Model Rules of Professional Conduct, but also addresses other sources of authority, such as common law and statutes. Students are required to prepare for, attend, and participate in class and to take a final exam consisting of one or more essay questions. 3 units.
Credit 3 units. Law: RW, WKND
Typical periods offered: Fall, Spring
LAW 5050 Corporations
This 3 unit course surveys the role of legal controls on the organizations through which business is conducted in the United States. These organizations include publicly held corporations, which are the focus of the course, as well as closely held corporations and partnerships. Topics include the formation and legal structure of business organizations, fiduciary duties, executive compensation and aspects of the law relevant to mergers, acquisitions, and takeovers. The course will emphasize the functional analysis of legal controls and introduce students to contemporary policy debates and basic financial and accounting concepts. There will be a final examination. This course is a prerequisite for Securities Regulation. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5051 Corporations
This course surveys the law of business organizations. Starting with agency, it proceeds through the various ways people organize production. The main focus is the corporation - where ownership and control are separated. In addition to studying the rules governing fiduciary duty, the course spends a good bit of time on mergers and acquisitions and the important role played by creditors. There will be final open book exam at the end of the course.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5052 Corporations
This course covers the structure and characteristics of modern business associations including publicly held and closely held business corporations; the organization of business associations; the distribution of corporate power between management and shareholders with emphasis on the fiduciary duties of directors and officers; and the effects of federal securities law on business associations, particularly the securities fraud rules such as Rule 10b-5 and the proxy (or voting) rules. There will be a final exam.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5053 Corporations
Corporations is a survey course designed to introduce students to the law of agency, partnerships, limited liability companies, and corporations. State corporate law, including fiduciary duty law, and fundamentals of federal securities regulation are important course components. Materials used will include state and federal court decisions, statutes, regulations, and organizational documents of various types of business associations. Both transactional and litigation issues arising in business will be covered. Course requirements: attendance and participation, including discussion of review problems in class, final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5054 Corporations
In many areas of legal practice, it is essential to have a general familiarity with the law of business organizations. This course provides much of that foundation by surveying the laws regulating modern business associations, with a focus on publicly traded corporations. Topics covered in this course include the formation and legal structure of business organizations; the distribution of power between management and shareholders (with a particular emphasis on the fiduciary duties of directors and officers and shareholder litigation); the legal implications of mergers, acquisitions, and takeovers; the rights of creditors; and insider trading law. To facilitate discussion, laptops are prohibited. There will be a final exam. This course is a prerequisite for various courses such as Mergers & Acquisitions and various externship opportunities. 3 Credits.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5081 UCC: Article 2
This course focuses primarily on sale of goods transactions under UCC Article 2. This is a problem-oriented course. After reading cases, text and Code provisions, students will complete problems at the end of each casebook assignment. Class time will be spent working through each of the problems. Attendance, participation and preparation will all be required. The final grade will be based on a single three-hour final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5100 Criminal Procedure: Investigation
This course provides a detailed introduction to the procedural rules constraining the investigation of crime by law-enforcement officers. The course will largely focus on federal constitutional law, particularly the Fourth, Fifth, and Sixth Amendments. Topics include the power to arrest and seize; the reasonableness of various kinds of searches; limits on electronic surveillance; the exclusionary rule for illegally obtained evidence; the Miranda doctrine; and the right to counsel's restrictions on police interrogation. Students may take both Criminal Procedure: Adjudication and this course. Grades will be based on a final examination and may take class participation, attendance, and professionalism into consideration. Electronic devices will not be permitted. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5101 Criminal Procedure: Investigation
This course is a study of the constitutional constraints on criminal investigation. Under what circumstances are police permitted to stop you on the street, fish in your pockets, or open your wallet and remove its contents? What legal rules govern jailhouse interrogations? At what point in a criminal investigation does the right to confer with counsel attach? In surveying the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution and their interpretation in Supreme Court jurisprudence, we will consider answers to each of these questions. Upon completion of the course, students will understand how the Constitution and related case law govern the opening stages of the criminal process. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5102 Criminal Procedure: Investigation
This course provides a detailed introduction to the procedural rules constraining the investigation of crime by law-enforcement officers. The course will largely focus on federal constitutional law, particularly the Fourth, Fifth, and Sixth Amendments. Topics include the power to arrest and seize; the reasonableness of various kinds of searches; limits on electronic surveillance; the exclusionary rule for illegally obtained evidence; the Miranda doctrine; and the right to counsel's restrictions on police interrogation. Students may take both Criminal Procedure: Adjudication and this course. Grades will be based on a final examination and may take class participation, attendance, and professionalism into consideration. Electronic devices will not be permitted. [BCCCR Requirement: this course contains 2 hours of BCCCR instruction.] 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5103 Criminal Procedure: Investigation
This course covers the investigation component of criminal procedure. The course focuses on the scope and constitutional limitations of permissible law enforcement conduct in the investigation of crime prior to the commencement of formal prosecution. Topics may include the law of arrest, search and seizure, interrogations and confessions, lineups, and the right to counsel. Students may take both Criminal Investigation and Criminal Adjudication. Grades will be based on a final examination and may take class participation and attendance into consideration. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5104 Criminal Procedure: Investigation
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5120 Criminal Procedure: Adjudication
Study of the law governing the processing of a criminal case once formal charges are brought, with heavy emphasis on federal constitutional issues. Topics to be examined include bail, prosecutorial charging discretion, discovery, double jeopardy, guilty pleas, and the accused's trial-related (jury, confrontation, and compulsory process) rights. Laptops or other electronic devices cannot be used in class. Grades will be based on a final examination.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5121 Criminal Procedure: Adjudication
This course (informally known as Bail to Jail) covers the criminal procedure rules governing the adjudication phase of the criminal process. It examines how the judicial system handles criminal cases once formal charges are brought, including the pre-trial, trial, and post-trial stages. Topics may include bail, grand juries and preliminary hearings, discovery, prosecutorial discretion and plea bargaining, double jeopardy, the right to a jury trial, appellate review, and sentencing. Students may take both Criminal Procedure: Investigation and this course. Grades will be based on a final examination and may take class participation and attendance into consideration.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5122 Criminal Procedure: Adjudication
This course covers the adjudication or bail to jail component of criminal procedure. This course examines how the judicial system handles criminal cases once formal charges are brought. The course considers the pre-trial, trial, and post-trial phases of the criminal justice process. Topics may include bail, grand juries and preliminary hearings, discovery, plea bargaining, the right to a jury trial, and sentencing. Students may take both Criminal Adjudication and Criminal Investigation. Grades will be based on a final examination and may take class participation and attendance into consideration. 3 units.
Credit 2 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5123 Criminal Procedure: Adjudication
This course (informally known as "Bail to Jail") provides a detailed introduction to the procedural rules governing the adjudicative phase of the criminal process. It examines prosecutorial charging decisions and how the judicial system handles criminal cases once charges are brought, including the pre-trial, trial, and post-trial stages. The course will largely focus on federal constitutional rules. Topics include prosecutorial discretion, pretrial release, grand juries and preliminary hearings, the right to counsel, discovery, plea bargaining, double jeopardy, the right to confront witnesses, jury trials, sentencing, appellate review, and habeas corpus. Students may take both Criminal Procedure: Investigation and this course. Grades will be based on a final examination and may take class participation, attendance, and professionalism into consideration. Electronic devices will not be permitted. [BCCCR Requirement: this course contains 2 hours of BCCCR instruction.] 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5124 Criminal Procedure: Adjudication
This class focuses on the rules that govern criminal prosecutions and trials. In particular, this course will cover constitutional and statutory laws relating to the criminal trial such as pre trial release, the decision to prosecute, preliminary hearings, the grand jury process, discovery and disclosure, guilty pleas, the defendant's rights at trial as well as appeals. 2 units.
Credit 2 units. Law: RW
LAW 5140 Evidence
Analytical study of the principles and rules governing the proof of facts in civil and criminal trials. The focus will be on the Federal Rules of Evidence (and their common law counterparts). Class discussion will be devoted primarily to the problems in the coursebook. Some of the problems will be the occasion for role-playing. Throughout the semester - with notice of one to three class periods - students will be assigned in teams of two to play the roles of plaintiff/prosecutor and defendant for specific problems. Because the role-playing will be an integral part of the class, a team's failure to prepare and make a reasonable effort at performing a role will result in a two point deduction from the final grade for each team member. Grades (except for the potential but hopefully never invoked two point deduction rule) will be based on a three hour final examination. The examination will contain primarily - perhaps exclusively - short answer and multiple choice questions.
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 5141 Evidence
Enrollment limit: 48. A study of the principles and rules that regulate the process of proving facts at trial using the Federal Rules of Evidence involving both lecture and problem solving. Topics covered include relevancy and its limits, various policy and efficiency based limitations on the receipt of evidence, the rule against hearsay and the more important hearsay exceptions, rules governing the impeachment of witnesses, privilege and expert testimony. Class participation and consistent attendance are required. There will be a final exam (and there may be a mid-term exam). 3 units.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5142 Evidence
We will study the principles and rules that regulate the presentation of evidence at trial using the Federal Rules of Evidence, involving both lecture and problem solving. Topics covered include relevancy and its limits, various policy and efficiency-based limitations on the receipt of evidence, the rule against hearsay and the more important hearsay exceptions, rules governing the impeachment of witnesses, privilege and expert testimony. Class participation and consistent attendance are required. While not taught as a traditional law school class in that the class does not emphasize case analysis, participation includes both answering questions provided in lecture notes and group (law firm) exercises, which require out of class work. The group (law firm) exercises include a Practice Problem in most lectures which will require a few of the law firms to take assigned roles (Plaintiff, Defendant and Judge) to make an objection to evidence and present legal arguments about an issue raised from the class materials. There will be a mid-term practice exam made up of 20 multiple-choice questions from a prior final exam which will not count as part of a student's grade and instead is a self-evaluation of a student's understanding of the material studied up to that time. There will be an unscheduled, modified open book final exam which includes both an essay question with multiple prompts and 40 multiple choice questions. ABA Standard 310 requires "not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time" for each credit hour awarded. This course is designed to meet this requirement, and each student is expected to spend on average no less than two hours of out-of-class time for each one-hour of in-class time, per credit hour. Throughout the course, we will also consider the professional responsibility issues that arise in litigation and the presentation of evidence.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5143 Evidence
This course studies the Federal Rules of Evidence, the reasons underlying the rules, and the application of those rules in litigation. Included are the subjects of relevance, the hearsay rule and its exceptions, examination of witnesses, privileges, expert testimony, presumptions and scientific evidence, among other subjects relating to the regulation of proof at trials. Class participation and consistent attendance are required. There will be a final exam and along with additional short quizzes throughout the semester. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5170 Family Law
This course examines the state's role in family and other intimate and caregiving relationships, with primary emphasis on the formation, recognition, protection, and dissolution of adult relationships. Specific topics include laws governing reproductive rights, sexuality, marriage, marital property regimes, nontraditional families, divorce, and divorce's consequences (including financial consequences and child custody), as well as broad doctrinal and theoretical issues such as family privacy; constitutional protection of the family; contrasting concepts of family; and the role of gender, race, and class in shaping family laws and norms. The assignments include multidisciplinary readings, local statutes, and materials illustrating the ways in which Family Law affects the lives of families, their members, and intimacy more generally. Because class discussion is a vital part of the course, regular class attendance and preparation are required, and students may not use laptops. Grades will be based on a three-hour closed-book final exam and additional points for class participation. 4 units.
Credit 4 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5171 Family Law
This course examines the state's role in family and other intimate and caregiving relationships. Topics include laws governing reproduction, sexuality, marriage, marital property regimes, domestic violence, nontraditional families, divorce, child custody, child support, and adoption, as well as broad doctrinal and theoretical issues such as family privacy; constitutional protection of the family; contrasting concepts of family; and the role of gender, race, and class in shaping family laws and norms. The assignments include multidisciplinary readings, local statutes, and materials illustrating the ways in which family law affects the lives of families, their members, and intimacy more generally. Because class discussion is a vital part of the course, regular class attendance and preparation are required, and students may not use laptops unless they receive an accommodation. Grades will be based primarily on a three hour in-class final exam, which will include essays and multiple choice questions. Points may be added or subtracted based on class attendance and participation. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5172 Family Law
This course examines the state's role in regulating family and other intimate relationships, with an emphasis on adult relationships. Topics include the law of marriage and divorce, nonmarital cohabitation, property division and alimony/spousal support at divorce, child custody, and child support. Grades will be based on performance on a timed open book final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5190 Federal Income Taxation
This four unit course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. Students will work extensively with cases and problems in the course textbook, the Internal Revenue Code and Regulations, and supplementary handout materials and problems provided by the professor. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on an in class, timed, open-book final examination. No more than one-half of the final examination will consist of multiple choice questions. The remainder of the examination will include essays. 4 units.
Credit 4 units. Law: NSM, RW
Typical periods offered: Fall, Spring
LAW 5191 Federal Income Taxation
This survey of the federal income taxation of individuals considers the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits, and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. The course will be taught from a casebook and a statutory pamphlet, by a combination of the case and problem methods. Students will work extensively with the Internal Revenue Code. In addition to in-person class sessions there may be a few asynchronous presentations, consisting of prerecorded lectures introducing or summarizing important concepts. Attendance and participation are required, and sanctions will be imposed in cases of serious noncompliance. The course grade will be based on an in-school timed four-hour final examination, with adjustment for attendance and participation in exceptional cases. The exam will predominantly consist of essay questions or short answer questions but might also include a multiple-choice question component. The format of the exam will be "Closed Software and Modified Closed Book". Closed software means that students will not have access to the internet or files on their computers. Modified closed book means that during the exam students will be permitted to consult only: (i) an unannotated print copy of the statutory pamphlet; and (ii) one standard-sized sheet of paper bearing any information the student wishes. 4 units.
Credit 4 units. Law: NSM, RW
Typical periods offered: Fall, Spring
LAW 5192 Federal Income Taxation
This four unit course is a survey of the federal income taxation of individuals, with consideration of the scope and nature of gross income, exclusions from the tax base, timing considerations and the impact of time value of money (including the role of debt), defining the proper taxpayer, deductions and anti-tax shelter limitations, credits and tax rates (including ATM). The instructor emphasizes statutory interpretation and tax policy, including economic and distributive effects of the tax laws. The course will be taught from a casebook and assigned supplemental materials through a combination of the case and problem methods. Students will work extensively with the International Revenue Code and Treasury Regulations. The course grade will be based on an in-classroom final examination, which will consist primarily of short essay questions, and class participation. The final will be open book.
Credit 4 units. Law: NSM, RW
Typical periods offered: Fall, Spring
LAW 5193 Federal Income Tax
This four unit course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. Students will work extensively with cases and problems in the course textbook, the Internal Revenue Code and Regulations, and supplementary handout materials and problems provided by the professor. The course grade will be based on an in-class, open-book final examination, which will include both essays and short answers, and class participation.
Credit 4 units. Law: NSM, RW
LAW 5194 Federal Income Taxation
This four unit course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. Students will work extensively with cases and problems in the course textbook, the Internal Revenue Code and Regulations, and supplementary handout materials. Attendance and preparation are required. The course grade will be based predominately on an in class, timed, open-book final examination. No more than one-half of the final examination will consist of multiple choice questions. The remainder of the examination will include essays.
Credit 4 units. Law: NSM, RW
LAW 5195 Federal Income Taxation
This course will introduce students to federal income taxation. Topics will include the concepts of income, exclusions, deductions, credits, and capital gains. We will also discuss the basic themes of tax policy and tax planning. The course will be taught from a casebook, but students will also be expected to familiarize themselves with the statute and solve problems (though the math is basic). The course grade will be based primarily on a final exam, but may take class participation and attendance into consideration. [BCCCR Requirement: this course contains 2 hours of BCCCR instruction.] 4 credits.
Credit 4 units. Law: NSM, RW
Typical periods offered: Fall, Spring
LAW 5200 International Law
An introduction to rules that govern relations among states as well as relations between states and other entities. A critical examination of the theories that underlie these rules and the institutions within which such rules have evolved will be made. Particular attention will be given to the relevance of such rules and institutions to contemporary international problems. Attendance and preparation are required. There will be a regular open book examination at the end of the course.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5201 International Law
This course introduces students to both the substance and process of international law. It is an essential prerequisite to upper-level courses in international law and legal process and is required for members of Washington University's Jessup International Moot Court team. It provides a foundation for the student wishing to specialize in international or transnational law and serves as a wonderful introduction to international legal reasoning and materials for the non-specialist. The course serves as an introduction to the basic principles of public international law including treaty law, customary international law and U.S. foreign relations law, as well as the resolution of international disputes through international courts and tribunals including international arbitration and litigation. It covers the legal frameworks applicable to international issues, as well as taking up the question of international institutional design. It is also a fun, interesting, and very relevant course, covering international law issues that arise during the course of the semester, including inter-state disputes about the participation of particular Olympic athletes, the onset of war, or exploding space objects. Many years students participate in a simulation during the semester in which they will represent a UN member state and debate an international legal problem in the UN General Assembly. The final will be a three hour in-class open book exam. From time to time, but not more than twice in a semester, pass/fail, short, reaction papers will be assigned in relation either to films or presentations by guest speakers. The use of laptops and other electronic devices is not allowed in class without special permission from the instructor. Attendance and participation are required. 3 units.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5202 International Law
[Students who have taken International Legal Process are not eligible to take this course.] This course explores basic principles of public international law, and applies international law frameworks and legal norms to a variety of problems facing the international community. The course begins with an introduction to the sources of international law (treaties and customary international law). It then critically examines a variety of international legal frameworks for creating and enforcing international law, and for resolving disputes under international law. The course will also explore application of international law norms to certain substantive law areas, such as international human rights, environmental law, the laws of war, and international criminal law. Note that this course is a survey of public international law principles, and does NOT address in depth issues pertaining to the foreign relations law of the United States (including the role of international law in the U.S. legal system). The final will be an in-class three-hour exam. Attendance and participation in class are required.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5203 International Law
This course serves as an introduction to the basic principles of public international law and the resolution of disputes thereunder. The course introduces the structure and substance of the international legal system, including sources and jurisprudence, the role of States and international organizations, and the relationship between international and national law. Students will explore the application and effectiveness of international law in addressing current international and transnational challenges. The final will be an in-class three hour open book exam. Attendance and participation are required.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5220 International Criminal Law
Can war be restrained by law? Should war criminals be prosecuted? Should heads of State accused of serious crimes like Slobodan Milosevic, Saddam Hussein and Omar al Bashir be tried, and by whom in what fora? How does one address the growing phenomenon of transnational criminality? The answers, in part, are provided by the study of international criminal law, a growing field at the intersection of international law and domestic criminal law. As a matter of substantive law, this year we will concentrate on war crimes, genocide and crimes against humanity. Procedural coverage will focus on the practical and legal problems in apprehending alleged international criminals and bringing them to trial through methods that range from formal extradition to kidnaping. There will be a mix of statutory, constitutional, treaty, customary international law, case law, and policy-oriented and philosophical materials. The final will be an open-book 3-hour in-class exam worth 75% of the grade. All students will also do a short paper and presentation as part of the class requirements, worth 25% of the grade. Laptops will not be allowed in class. Attendance and participation are required. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5225 International Legal Process
There are many challenges facing the international community in the present day. Hunger, war, disease, terrorism, and environmental degradation afflict the human condition in many parts of the world, including our own. This course will expose students to both the substance and process of international law in an attempt to understand the legal frameworks applicable to many of these problems. The course will also serve as an introduction to the basic principles of public international law and the resolution of disputes thereunder. The final will be an in-class three hour exam. Attendance and participation are required.
Credit 3 units.
LAW 5235 Foreign Relations Law of the United States
This course explores the conduct of foreign relations under U.S. law, and in particular the constitutional allocation of lawmaking power in the foreign affairs field. It focuses on the distribution of foreign affairs powers among the President, Congress, and the judiciary, and on the relationship between the federal and state governments in the foreign affairs arena. Specific subject matter areas covered include the war on terrorism, the role of international law in interpreting the U.S. Constitution and other domestic legal sources, the treatymaking power, and the interaction of international institutions (such as the World Court) and domestic lawmaking bodies. Attendance and participation in class are required. Laptops will not be allowed in class. The final will be an in-class three-hour exam.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5245 Comparative Law
In a globalizing world, lawyers are increasingly confronted with foreign legal systems. This course offers an introduction to comparative law, and consists of three parts. The first part surveys the most striking differences in property law, tort law, family law, corporate law, criminal law and litigation law, discusses the historical and economic literature that tries to explain these differences, and explores more general themes such as the effects of regulatory competition (race to the bottom or to the top?), the importance and effectiveness of legal transplants, and the relationship between the quality of law and economic growth. The second part offers an overview of the history and typical features of the principal legal families (with particular emphasis on the civil law tradition). The third part focuses on contract law in particular, and compares American, English, French, and German law. Classroom instruction is by lecture and discussion. Laptops are not allowed in class. The grade will be based on a three-hour, closed-book examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5246 Comparative Law
In a globalizing world, lawyers are increasingly confronted with foreign legal systems. This course is based on the assumption that national legal systems may be organized into certain legal families. Among them, the civil law and the common law systems (families) are the closest ones to our tradition. The general question here is to what extent the globalization resulted in a certain convergence of the traditional systems and what is the role of international and supranational legal systems in imposing such convergence. The first part offers a general discussion on the method of comparative law and on the principal characteristics of the civil law system, the common law system and some other types of legal systems. Furthermore, some problems of techniques of comparative law and comparisons of judicial styles will be considered. The second part of the course will be devoted to analyzing a few selected examples comparing how similar institutions and procedures are elaborated in different legal systems. We will focus on comparative problems of the judicial review (diffused v. concentrated systems) and of the modern constitutions (including the review of constitutionality of constitutional amendments). Furthermore, we will compare the concept of contract and tort in the law of obligations. Finally, one class will be devoted to discussion on the criminal procedure (including the problem of the fruits of the poisonous tree concept). Classroom instruction will combine lecture, students in-class presentations and discussion. Lap-tops and similar devices are allowed in class. The grade will be based on in-class participation and in-class presentations (30%) and on a take-home, unlimited in time exam (70%).
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5247 Comparative Law
An introduction to the comparative study of different legal systems. This course will focus primarily on the question of how law and order are maintained, and justice pursued, under two major legal families, the civil law and the common law systems. Our overarching aim in this course will be to explore the extent to which differences in legal doctrine and practice reflect larger differences in social structure. The first part of the course introduces us to comparative law as a method, to the principal characteristics of the civil law and common law systems, and to basic structures elaborated under these systems and their functioning, among them courts and judicial review. Next we will explore how similar institutions and procedures are elaborated in different legal systems, among them civil and criminal procedure; contracts and torts; and property. We then turn to modern constitutions, and a brief selection of issues they contend with, including structural design (the presidentialism vs. parliamentarism debate); human dignity; freedom of speech; and the family. Finally, we consider the extent to which we may be witnessing a convergence of traditional systems under globalization (considering specifically the role of international and supranational legal systems) and the backlash thereto. Our goal is for students to come away with some knowledge of foreign law and with a heightened awareness of some of the ways in which foreign societies can differ from our own. Take-home examination or paper option.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5248 Transnational Litigation
This course provides an introduction to the foundational concepts and issues that arise in the legal resolution of disputes with an international dimension. The course focuses primarily on transnational litigation in U.S. courts, with some comparative discussion of the approaches followed by other jurisdictions. Topics include jurisdiction, sovereign immunity, service of process on foreign parties, forum non conveniens and other issues of parallel litigation, discovery of evidence abroad, choice of governing law, and enforcement of foreign judgments. Attendance and participation in class are required. Laptops will not be allowed in class. The final will be an in-class three-hour exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5249 International Courts and Tribunals
Enrollment limit: 16. This 2 unit course focuses upon the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution. The primary focus will be on the International Court of Justice (ICJ). Students will examine the ICJ's history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States. With respect to the practice component of the course, students will be exposed to the rules of procedure and style of practice before the ICJ through the use of a hypothetical contentious case between two States. Students will learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court. Particular attention will be paid to the jurisprudence of the ICJ with respect to such issues. Students will also learn how to make substantive legal arguments on the merits before the ICJ. In doing so, students will gain exposure to substantive international law in the form of international human rights law represented by various human rights instruments and customary international law. Students will gain experience in researching and using various international legal materials and sources necessary for making oral and written submissions before the ICJ. Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions. Although not required, it would be helpful to have taken or be taking International Law. (Students who are selected for the international moot court team (Jessup) are required to take this course; therefore, students planning to try-out should register for this class. Waitlisted students will be added if they make the team - so they are encouraged to attend classes.) During the course of the semester, students will draft one short and one longer writing assignment. The short assignment will be approximately 2-4 pages in length in the form of preliminary objections and/or responses to the ICJ each arguing a single, discrete procedural and/or jurisdictional issue arising out of the hypothetical contentious case. Students will also prepare and deliver a brief oral argument (approximately 10 minutes in length) based on that writing assignments. At the end of the semester, each student will prepare a final substantive writing assignment (approximately 8-10 pages in length) consisting of a memorial to the ICJ on the merits of the hypothetical case and present a final oral argument (approximately 15 minutes in length) based on the written memorial. Students will work individually and rotate roles as applicant and respondent for their written and oral assignments. This course will not be graded anonymously because of the nature of the work. International Law is helpful, but not required. 2 units.
Credit 2 units. Law: LCU, RW
Typical periods offered: Fall
LAW 5250 International Human Rights Law
This course is an introduction to the international structure for the protection of selected human rights: laws, procedures, institutions, and policies. Particular emphasis will be placed on the role of the United Nations and various regional associations. We will cover many topics: U.S. slavery and the slave trade; freedom of the press; cases involving the right to wear the hijab; indigenous rights; genocide; torture; and enforced disappearances. The readings will contain not only legal documents (treaties, executive orders, cases, etc.), but also nontraditional materials such as human rights reports, newspaper articles, and political science essays. Students will do a pass/fail presentation on a human rights problem of their choice. There are no prerequisites or corequisites. The final will be a three-hour open book exam. The use of laptops and other electronic devices is not allowed in class without special permission from the instructor. Attendance and participation are required. 3 units.
Credit 3 units. Law: RW
LAW 5251 International Human Rights Law
This course will examine the concept and system of human rights law. In the 21st Century, human rights law developed into an autonomous branch of law, an amalgam of constitutional and international law institutions. Globalization of the human rights law makes international and supranational system of protection relevant also for cases and controversies adjudicated before the national courts and tribunals. The first part of the course will be focused on theoretical issues which are, to a great extent, common for all three levels of the human right law: global, regional, and national. The topics to be covered include the development and content of international human rights, their sources and categories, the nature of (positive and negative) obligations generated by human rights and, finally, the personal and territorial scope of rights. The second part will cover institutional and procedural arrangements of enforcement and protection of human rights on the global level (i.e., the major United Nations human rights treaties, the structure of the United Nations treaty bodies and the mechanisms of human rights adjudication) and on the regional level, particularly in Europe (within both the Council of Europe and the European Union) and in the Inter-American system. The final sessions will examine the basic values (human dignity, equality, and liberty) and techniques (proportionality, subsidiarity, margin of appreciation) applicable to human rights adjudication. Classroom instruction will combine lecture, students in-class presentations and discussion. Lap-tops and similar devices are allowed in class. The grade will be based on a take-home, untimed exam. In-class participation and in-class presentations will also be taken into account.
Credit 2 units. Law: RW
LAW 5252 International Criminal Law
This survey course will introduce you to the substantive and procedural rules that make up international criminal law, as well as the politics and policies that guide their formulation and implementation. Substantive coverage will include war crimes, crimes against humanity, crimes against peace, and some more general material on international human rights. Procedural coverage will focus particularly on the practical and legal problems in apprehending alleged war criminals and getting them to trial through methods that range from formal extradition to kidnapping. You will study the post-World War II Nuremberg and Tokyo tribunals, the present day tribunals for Rwanda and Yugoslavia, and the very real and imminent prospects of the world's first ever generic international criminal court. There will be a mix of statutory, constitutional, treaty, customary international law, case law, and policy-oriented and philosophical materials. Regular attendance and careful preparation will be required. There will be a timed exam at the end of the course.
Credit 3 units.
LAW 5253 Introduction to European Union Law
This course offers an introduction to the law of European Union, in particular to the EU constitutional and institutional structure. This is an introductory course and is not addressed to those who already familiar with the concept of European integration. Although it will focus on general legal arrangements of the EU, the dynamism of the present crisis (as manifested by the U.K. decision to leave the Union) may require some last-minute updates. We all know that the EU is experiencing a difficult time now. But, we know less about what the EU is, how it works, and what its goals are. The aim of the course is to fill this gap, at least in part. The course is composed of four segments. It examines, first, historical and conceptual foundations of the European integration and, in particular, its gradual transformation from an economic integrational project into a pan-European structure of constitutional (quasi-federative) nature. The second part examines the legal foundations of the EU: the sources and structure of EU law, the structure of its governing bodies, the basic elements of its legal doctrine (direct effect, supremacy and fundamental rights) as elaborated by the EU Court of Justice. The third part deals with relations between the EU and its Member-States, in particular - with judicial reactions to the clash between national sovereignty and the extension of EU aims and policies. The last part will address two recent challenges for the EU system: the controversies resulting upon the ongoing debt crisis, and the question-marks surrounding the implementation of the Brexit decision. Prerequisites: none. Method of evaluation: class participation - 20%; take-home exam - 80% Credits: 3.0
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5276 Transnational Litigation and Arbitration
This course offers the basic rules every lawyer should know in order to manage the transnational legal interactions that arise in a globalized world. The course equips students to identify and solve the types of transnational legal problems they are likely to encounter as U.S. lawyers, regardless of field of practice, or as foreign lawyers interacting with the U.S. legal system. Transnational matters involve foreign persons, entities, activities, or harms, and they arise in many practice areas, including international business, family law, environmental law, products liability, intellectual property, civil rights, criminal law, and many others. Specifically, this course will prepare students to answer the three questions at the heart of all transnational dispute resolution practice: What law applies? What forum is available to resolve a dispute? How will any judgment be enforced? The course surveys topics including choice of law, extraterritoriality of U.S. law, international law in U.S. courts, comparative law, personal jurisdiction in transnational matters, international courts, international commercial arbitration, and enforcement of foreign judgments. The course serves as a good foundation for other international law courses, like international business transactions, and has no prerequisite. Grades will be based on an exam and may also take into account class participation and attendance. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: FV, RW
Typical periods offered: Fall, Spring
LAW 5288 International Business Transactions
Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or completed without considering potential international implications. An understanding of the unique legal issues that arise in transactions which cross borders can be indispensable to the modern legal practice. This course provides a survey of these issues in a transactional context, such as transnational sales, cross-border operations (including branch offices and subsidiaries), and international business combinations (including mergers and joint ventures). A series of problems will be used to explore planning, negotiating, and implementing cross-border transactions, with a focus on navigating the regulations, statutes, or international agreements that apply in each instance. The course grade will be based primarily on an exam made up of a mix of objective and essay questions. It may also take into account class participation and engagement with a negotiation and drafting exercise. There are no prerequisites. 3 units.
Credit 3 units. Law: FV, RW
LAW 5300 Labor Law
Concentrates on the National Labor Relations Act with emphasis on the union organizational process, employer options and limitations on employer actions vis-a-vis employee protected rights, protections for and limitations on union tactics, (strikes and picketing). Three-hour multiple choice examination.
Credit 3 units. Law: RW
LAW 5301 Labor Law
An examination of the principal provisions of the National Labor Relations Act: Structure of the National Labor Relations Board, Organizing, Concerted Activities, Recognition, Picketing, Bargaining and Enforcement of Collective Bargaining Agreements. Three hour multiple choice examination.
Credit 3 units.
LAW 5302 Labor Law
This course is an examination of the law governing concerted labor activities and collective bargaining, with particular focus on union organizing, weapons of economic conflict, duty to bargain in good faith, arbitration of grievances, and preemption . The principal focus is on the National Labor Relations Act, though we will also discuss other sources of law and broader questions of policy.
Credit 3 units. Law: RW
LAW 5304 Labor Law
This course focuses on the National Labor Relations Act, which governs union organizing, collective bargaining, and the use of economic weapons (strikes, lockouts, pickets, and boycotts) in workplace disputes over wealth distribution, power and voice. The course has an explicit focus on class conflict and the law's role in regulating worker protest: it concerns itself with abuses of employer power, the formation of a social movement (labor unionism) as a response to those abuses, and the law's efforts to protect, channel and constrain collective activities by workers. Attendance and preparation are required. Grades will be based on performance on a timed final exam. 3 units.
Credit 3 units. Law: RW
LAW 5310 Employment Law
This course will cover the law of the employment relationship in the non-unionized workplace. We will begin with the traditional employment at will doctrine and will then examine various common law doctrines, based on both contract and tort principles, which have eroded the presumption of at-will employment. We will also cover issues such as testing, surveillance and other privacy and dignitary concerns in the workplace. In the latter half of the semester we will examine the various statutory schemes which regulated the employment relationship, such as laws relating to minimum wage and maximum hours, unemployment insurance, workers' compensation and health and safety. This course will not cover laws dealing with union-management relations, nor any of the various statutes prohibiting employment discrimination.
Credit 3 units.
LAW 5311 Employment Law
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? What are the advantages and disadvantages of conceptualizing rights at work as individual as opposed to collective rights? The class explores these questions in regards to a series of concrete interests, such as job security, job mobility, privacy and other dignitary interests, employee speech, employee compensation and benefits and health and safety concerns. Attendance and preparation are required. Grades will primarily be based on performance on a timed final exam. Class participation and completion of in-class written assignments will also be taken into account.
Credit 3 units. Law: RW
LAW 5312 Employment Law
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? What are the advantages and disadvantages of conceptualizing rights at work as individual as opposed to collective rights? The class explores these questions in regards to a series of concrete interests, such as job security, job mobility, privacy and other dignitary interests, employee speech, wages and benefits and health and safety concerns. Attendance and preparation are required. Grades will be based on performance on a timed final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5313 Employment Law
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? The course explores these questions in regards to a series of concrete interests, such as job security, discrimination, privacy and other dignitary interests, employee speech, wages and benefits, covenants not to compete, and health and safety concerns. Attendance and preparation are required. Grades will be based on a timed final exam, and may be affected by class participation and attendance. 3 units
Credit 3 units. Law: RW
LAW 5320 Employment Discrimination
This course will examine employment discrimination based on national origin, race, religion, sex, sexual preference, pregnancy, age, and disability from the litigation and legislative prosepectives. The course will focus on federal employment discrimination statutes, including the Equal Pay Act of 1963, Title VII of the 1964 Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and 42 U.S.C. section 1981. There will be a three hour multiple choice examination.
Credit 3 units.
LAW 5400 Patent Law
This course provides an introduction to patent law--the branch of intellectual property law that provides incentives for technological innovation. It focuses on both inventors’ efforts to obtain patent rights and patent owners’ efforts to enforce patent rights. It also highlights the policy concerns that justify and shape patent law. This course is a gateway course for the upper-level patent-law electives, but it is intentionally designed to be accessible to all students. A technical background is NOT a requirement for the course. The basic knowledge of patent law conveyed in this course is valuable for all students who plan to practice general litigation or transactional law. The final exam is an in-school, open-book exam.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall
LAW 5401 Patent Law
This course provides an introduction to patent law--the branch of intellectual property law that provides incentives for technological innovation. It focuses on both inventors' efforts to obtain patent rights and patent owners efforts' to enforce patent rights. It also highlights the policy concerns that justify and shape patent law. This course is a gateway course for the upper-level patent-law electives, but it is intentionally designed to be accessible to all students. A technical background is NOT a requirement for the course. The basic knowledge of patent law conveyed in this course is valuable for all students who plan to practice general litigation or transactional law. The final exam is a three-hour, in-class, open-book exam. 3 units
Credit 3 units. Law: HT, RW
Typical periods offered: Fall
LAW 5402 Patent Law
This course provides an introduction to patent law--the branch of intellectual property law that provides incentives for technological innovation. It focuses on both inventors' efforts to obtain patent rights and patent owners efforts' to enforce patent rights. It also highlights the policy concerns that justify and shape patent law. This course is a gateway course for the upper-level patent-law electives, but it is intentionally designed to be accessible to all students. A technical background is NOT a requirement for the course. The basic knowledge of patent law conveyed in this course is valuable for all students who plan to practice general litigation or transactional law. The final exam is a three-hour, in-school, open-book exam.3 units
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5403 Patent Law
This course will provide an introduction to the basic concepts of patent law, focusing on legal issues that arise in the course of obtaining and enforcing patents: Patentability including novelty, non-obviousness, and enablement; Infringement; Transactions; and Remedies. It will explore the relationship between information disclosure and legal protection and the varying interests of patentees, competitors, and investors. This course provides an introduction into substantive patent law and is appropriate for students who plan to practice business law (particularly in any technology related area) or general litigation as well as for those who intend to practice IP law. A technical background is not a prerequisite. 3 units.
Credit 3 units.
LAW 5404 Advanced Patent Law
Prerequisite: Patent Law. Contemporary patent practice requires mastery of a large and specialized body of legal doctrines, conceptual structures, and policy arguments. Designed to prepare students for a career in patent law--whether as a prosecutor, litigator, or a transactional attorney--Advanced Patent Law aims to help students obtain that mastery by both reinforcing and building on the knowledge conveyed in a basic patent course. It examines some topics introduced in the basic patent course in greater depth, and it introduces a range of new topics as well. It addresses different topics in different years, in part tracking "hot topics" and recent shifts in the law. Advanced Patent Law is designed as a complement to the Patent Drafting course, so it does not address the art of drafting claims or the procedures required to obtain patents from the PTO. The final exam is an in-school, open-book exam. 3 units.
Credit 3 units. Law: HT, RW
Typical periods offered: Spring
LAW 5405 Patent Research & Strategy
This practical course introduces students to methods on conducting and evaluating patent research involving a variety of technical areas, and analyzing the results from a legal and market competition perspective. Students will be exposed to advanced patent research techniques and trained on several leading patent research platforms in order to evaluate and critically analyze the quality of patent research results. Students will be tasked to understand and perform exercises such as patentability assessment, freedom to operate analysis, and invalidity examinations. Other topics will include patent landscape analysis, portfolio assessment, patent valuation and competitive intelligence insights from patent data. The course will also include Guest Lecturers to provide perspectives on the strategy use of patent information. Assessments will include assignments and two examinations: midterm and final. There is no prerequisite for this class and is open to JD / LLM and other qualified students University wide.
Credit 3 units.
Typical periods offered: Fall
LAW 5406 Patent Drafting
Enrollment limit: 20. This course covers evaluation of patentability, application filing deadlines, the drafting of patent claims, and the preparation, filing, and prosecution of patent applications to the issuance of a patent; the ownership of inventions and transfer of patent rights. Activities will include conducting patent searches and preparing patentability opinions; drafting patent applications; preparing responses to office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. The course work includes weekly claim drafting assignments, the preparation of a complete patent application and a response to an Office Action, all of which are graded anonymously. The course work also includes a brief law-firm style memo and corresponding oral presentation which, because of the nature of the assignments, are not graded anonymously. A background in engineering or science is highly recommended, although the assignments are selected to be technology neutral. 3 units.
Credit 3 units. Law: HT, LCU, RW
Typical periods offered: Spring
LAW 5407 Patent Drafting
Enrollment limit: 12 Students will prepare and prosecute patent applications. Activities will include conducting patent searches and patentability opinions; drafting patent application claims; preparing responses to official office actions; and confronting intellectual property issues related to applications. A background in engineering is highly recommended.
Credit 3 units.
LAW 5410 Trademark Practice
This course will offer practical skills training in the four phases of trademark practice - acquisition of rights, enforcement of rights, and exploitation and transfer of rights. The course will be taught by the problem method and will focus primarily on the development of planning and drafting skills. Weekly problems will include an initial client interview, selecting appropriate forms of protection and clearance, filing the application, responding to common rejections, opposition and cancellation proceedings, dealing with infringement, including claims, defenses, evidence and remedies in judicial proceedings, administrative protection of trademarks, mergers and acquisitions, and licensing. Students enrolling in the course will find it helpful to have been enrolled in Unfair Trade Practices.
Credit 3 units.
LAW 5411 Trademark Practice
Enrollment limit: 24. This course will offer practical skills training and techniques for the four phases of trademark practice - acquisition of rights, enforcement of rights, and exploitation and transfer of rights. The course covers the various aspects of trademark law which students typically encounter in a trademark position within a law firm or company, including an initial client interview, selecting appropriate forms of protection and clearance, filing the application (including foreign filing options and strategies), responding to common rejections, opposition and cancellation proceedings, dealing with infringement, including claims, defenses, evidence, remedies, and resolution in both litigation and non-litigation contexts, administrative protection of trademarks, trademarks in mergers and acquisitions, due diligence, and licensing. Students enrolling in the course are strongly encouraged to be enrolled in or to have already completed Trademarks & Unfair Competition, though this course is not a pre-requisite. Grades will be based primarily on a final exam and to a lesser extent class participation. 3 units.
Credit 3 units. Law: HT, LCU, RW
Typical periods offered: Spring
LAW 5412 International Intellectual Property Law
This course will equip law students with the basic knowledge and skills they need to to engage in international intellectual property practice involving transactional work or litigation. It will also explore the social, economic and cultural considerations that underpin intellectual property law around the world. The first part of the course will introduce the private and public law topics--territoriality, national treatment, choice of law, treaties and trade--that frame the substantive rules of intellectual property law. The second part of the course will consider the substantive rules of intellectual property (copyright, patent, trademark, unfair competition, trade secrets, and design law) themselves from a comparative and international perspective. This part of the course will primarily explore the requirements of the WTO TRIPS (i.e.Trade-related Aspects of Intellectual Property Rights) Agreement, the two Great Conventions of the 19th Century (i.e. the Paris and Berne Conventions), as well as various subsequent and subsidiary multilateral agreements. The second part of the course will also touch on selected regional agreements and transnational law (i.e. NAFTA and various EU Directives). The course will be taught by means of a casebook containing series of practical problems, for some of which a written response may be required. Regular class attendance and preparation is required. The final grade in the course will be based on a final exam, part of which may be objective, and part of which will be an essay question, and any written problem assignments made during the course of the semester. (Students in the IP LLM program can use this course to satisfy the IP LLM seminar requirement with the addition of a paper; this course is not eligible for satisfying the JD seminar requirement.)
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5413 Copyright and Related Rights
This course will focus on federal copyright law and related bodies of state, foreign, and international law governing the protection of literary and artistic works, including technical works such as computer software, architectural works, and databases, as well as more traditional literary and artistic works. The course materials will include cases, statutes, international agreements, and hypothetical problems. Regular class attendance and preparation are expected. The grade will be based on a timed final exam, which will include both objective (i.e. multiple choice and true/false) questions and an essay question. 3 units.
Credit 3 units. Law: HT
LAW 5416 Intellectual Property Protection of Computer Software
Intellectual property (IP) protection for computer software continues to evolve, with recent case law impacting how software may be protected with copyrights, patents and trade secrets. While software has taken a central role in our information and automation-driven lives, the legal mechanisms that can be used to protect software innovation have not always kept up with this fast-moving technology. Some have argued that certain types of IP, such as patents, are not well-suited to software inventions, while others argue that only the process of granting and enforcing patents needs to be improved. There are many sides to the debate, but in the meantime IP lawyers routinely use existing IP laws to protect their clients' software innovation, while the U.S. Patent and Trademark Office (USPTO) continues to grant software patents, and the courts regularly render decisions on infringement and validity of IP rights for software. The present course will provide an overview and background regarding the legal mechanisms that may be used to protect software, including copyrights, patents and trade secrets. A review of real-world commercialization and disputes involving software patents, copyrights and trade secrets will be presented and discussed, and the students will have an opportunity to analyze and debate practical problems involving IP protection for software. Class attendance is mandatory. The class will be graded on the curve. Students are expected to thoroughly read the course materials prior to the start of the class. There will be a take-home final exam, to be administered the following weekend--via Exam4.
Credit 1 unit. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5417 Introduction to Intellectual Property, Trademarks & Unfair Competition
This course will introduce students to the state and federal law of intellectual property and unfair competition, concentrating primarily on state and federal trademark law (the field of intellectual property law having the broadest application, as it applies to virtually all businesses), but will also explore how the law of trademarks relates to the larger law of unfair competition, and to other fields of intellectual property law (namely, patents, copyrights, trade secrets, and a variety of other sui generis forms of intellectual property protection). Students interested in exploring intellectual property law are encouraged to enroll in this course first, and then to take either Patents & Trade Secrets or Copyrights & Related Rights, or both. The grade for this course will be based (in whole or in part) on a timed final exam, which will include both objective (i.e. multiple choice and true/false) questions and an essay question. The course grade may also be based in part on an outside writing or drafting exercise. Regular class attendance and preparation is required; failure to meet this requirement will result in disenrollment.
Credit 3 units.
LAW 5418 Intro. to Intellectual Property Law, Trademarks & Unfair Competition
This course will introduce students to the state and federal law of intellectual property and unfair competition, concentrating primarily on state and federal trademark law (the field of intellectual property law having the broadest application, as it applies to virtually all businesses), but will also explore how the law of trademarks relates to the larger law of unfair competition, and to other fields of intellectual property law (namely, patents, copyrights, trade secrets, and a variety of other sui generis forms of intellectual property protection). Students interested in exploring intellectual property law are encouraged to enroll in this course first, and then to take either Patents & Trade Secrets or Copyrights & Related Rights, or both. The grade for this course will be based (in whole or in part) on a timed final exam, which will include both objective (i.e. multiple choice and true/false) questions and an essay question. The course grade may also be based in part on an outside writing or drafting exercise. Regular class attendance and preparation is required; failure to meet this requirement will result in disenrollment.
Credit 3 units.
LAW 5419 Trademarks and Unfair Competition
This course introduces the principles and policies of trademark law, focusing on US federal law. This branch of the law provides exclusive rights to use trademarks, which are words or symbols or other devices that operate as a distinctive source identifier for goods and services. Trademark law plays an important part in today's economy. It is also an important area of legal practice, and one with a language and conceptual structure of its own. This course will teach you that language and structure. There will be a final exam.
Credit 2 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5420 Trademarks & Unfair Competition
This course will be an introduction to U.S. trademark and unfair competition law, focusing on the federal system under the Lanham Act. The course will address issues of current interest, such as: protection of Internet domain names; trademarking celebrities; conflicts between trademark protection and the copyright and patent laws; and trademark dilution. The grade for this course will be based on either an in-class three-hour final exam or a forty-eight hour take-home exam. Class participation will also be considered in assigning a final grade.
Credit 3 units. Law: HT
LAW 5421 Trademarks and Unfair Competition
This course will be an introduction to U.S. trademark and unfair competition law, focusing on the federal system under the Lanham Act. The course will address many issues of current interest, including protection of Internet domain names, trademark parodies and free speech, celebrities' rights of publicity, conflicts between trademark protection and the copyright and patent laws, and trademark dilution. There will be a final exam.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall
LAW 5422 Trademarks and Unfair Competition
Course description TBA
Credit 2 units. Law: HT, RW
Typical periods offered: Fall
LAW 5423 Survey of Intellectual Property
This course surveys laws relating to the protection of intellectual property and introduces students to the main features of modern intellectual property law. It focuses principally on three federal statutory regimes: copyrights, patents and trademarks along with trade secrets and other forms of state protection. It considers doctrinal foundations and policy implications in different bodies of intellectual property law. There are no prerequisites, and a scientific background is not required.It is not recommended for students who have already taken or who plan to take the three introductory courses in specific IP fields, namely Patent Law, Copyright & Related Rights, and Trademarks & Unfair Competition. The grade for this course will be based on a final exam, and may also take into consideration participation.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5424 Survey of Intellectual Property
Intellectual property is becoming an increasingly important component of many different types of legal practices, so familiarity with the doctrine and policy of intellectual property is becoming increasingly important for all lawyers. This course provides an overview of the policy and doctrine of intellectual property. It focuses principally on three federal statutory regimes: patents, copyrights and trademarks. In addition, it addresses state-law doctrines, including trade secrecy, contractual restrictions on the use of intellectual property, misappropriation, and the right of publicity. This course does not assume any technical or artistic background, only an interest in understanding how intangible assets are propertized and controlled. It is not recommended for students who have already taken or who plan to take the three introductory courses in specific IP fields, namely Patent Law, Copyright & Related Rights, and Trademarks & Unfair Competition. The grade for this course will be based on a timed final exam. 3 units.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5425 Trade Dress & Design Law
This course will focus on issues at the intersection of trade dress, design patent, and copyright. In recent years, firms have increasingly been using trade dress to protect the design of items like purses, watches, and even websites. Relatedly, design patents have become a much more popular mode of protection (see, for example, Apple v. Samsung, 580 US __ (2016)). Finally, in Star Athletica, LLC v. Varsity Brands, 580 US __ (2017), the Supreme Court opened up the possibility of much broader protection for useful articles and fashion products in general. Due to time constraints, the basic trademark class focuses on the obtainment and protection of word marks with product design and product packaging taking a less prominent role. Likewise, the basic patent class cannot cover much about design patents, especially with respect to damages - one of the most interesting current issues. Finally, the copyright class cannot focus intensely on the useful article doctrine. This class will examine all these topics in great detail. In addition, the rules governing counterfeit goods will be considered. This course does not have any prerequisites. That said, I would encourage students to view the course as a capstone - one they take after they have completed the basic courses in copyright, patent, and trademark.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5426 Foundations of Intellectual Property
This course explores the foundations of intellectual property in America from philosophical and historical perspectives. The first module of the course examines a largely philosophical framework for justifying intellectual property by comparing philosophers in terms of their theories on property and identifying legal principles that serve to link the philosophical theories together. The second module of the course examines the history of intellectual property law in America during the early American republic, focusing on Article I, Section 8, Clause 8 of the United States Constitution in terms of: the laws of England and of the American colonies/states that precipitated the clause; the considerations of the framers when drafting the clause; the post-ratification debates that ensued in the courts regarding how to interpret the clause; the early questions about the nature of rights under the clause; and the challenges that initially arose when defining the interaction of the clause with other clauses of the Constitution. The third module of the course examines some intellectual property concepts of today, with the philosophical and historical perspectives of the course's prior modules in mind. There are no prerequisites for this course. This course is designed for the student who has not previously taken an intellectual property course, as well as the student who has already taken numerous intellectual property courses. This course is not a survey of today's legal doctrine in the various regimes of intellectual property law, and the course is not a deep dive into today's legal doctrine in any particular regime of intellectual property law. Rather, the course is a journey to explore the foundations upon which America's conception of intellectual property is built. Grades are primarily based on a take-home, open-book exam. 3 units.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5427 Startup Law
This course introduces students to the corporate, securities, and tax law issues that venture-backed startups face during their lifecycle (from incorporation through a liquidity event). Particular attention will be given to equity transactions, including restricted stock agreements, employee stock option grants, convertible promissory notes, and preferred stock financings. Students will explore how these transactions are structured with an eye towards both present concerns (raising capital and allocating corporate control) and future events (employee terminations, later equity issuances, acquisitions, IPOs, and liquidation of the company). Students will also learn about the dual role of venture capital firms as investors seeking to protect their own stake in the firm and board members with fiduciary duties to the corporation. Finally, the course will consider professional and ethical questions related to startup legal practice, including questions prompted by recent developments in legal technology. While there are no prerequisites for this course, students will benefit by having taken or by concurrently taking Corporations. The assessment in this course will include a take-home midterm and a final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5428 Intellectual Property Litigation and Dispute Resolution
Enrollment limit: 24. There are no pre/co-requisites, however, students enrolling in this course will find it helpful to have had or be enrolled in Civil Procedure, Evidence, Trademarks & Unfair Competition, Copyright & Related Rights and/or Patent Law. This applied skills course will offer practical experience in dealing with pretrial and trial litigation issues unique to patent, copyright, trademark, and trade secret litigation. The course covers intellectual property litigation from the initial cease-and-desist letter through appeal. Students draft pleadings and other litigation-related documents for a wide variety of state and federal intellectual property disputes, and inter parties proceedings in the U.S. Patent and Trademark Office. Grading is anonymous, based upon weekly graded assignments, and a final drafting project. 3 units.
Credit 3 units. Law: FV, HT, LCU, RW
Typical periods offered: Fall
LAW 5429 International Intellectual Property Law
Enrollment limit: 24. This course will largely focus on the international impact of the TRIPS (i.e. Trade-related Aspects of Intellectual Property Rights) Agreement, adopted in 1994 as a part of the Uruguay Round of GATTnegotiations. The focus of the course generally will be the ongoing debate between developed and developing countries over how intellectual property law affects innovation, economic development, and cultural preservation. Specifically, the first part of the course will introduce private and the public law topics that frame the substantive rules of intellectual property law--territoriality, national treatment, choice of law, treaties and trade. The second part of the course will consider the substantive rules of intellectual property (copyright, patent, trademark, unfair competition, trade secrets, as well as certain sui generis laws) from a comparative and international perspective. This part of the course will consider not only the TRIPS agreement, but also the Paris and Berne Conventions of the 19th Century. The second part of the course will also touch on selected regional agreements, with particular attention paid to EU Regulations and Directives. The course will be taught by means of a casebook containing series of practical problems and regular class attendance and preparation are required. While there are no specific course pre-requisites, some previous introductory IP coursework is strongly recommended and some knowledge of IP law and policy will be assumed. 2 units.
Credit 2 units. Law: HT, RW
LAW 5430 Intellectual Property Licensing (McManis)
Enrollment limit: 30. This course will provide a practical, hands-on introduction to the law and practice of intellectual property licensing, and will function as a companion course both to the introductory intellectual property courses (Patent Law, Copyrights & Related Rights, Trademarks & Unfair Competition) and to three other advanced, practical skills IP courses - Entertainment Law Planning & Drafting, IP Licensing: IP & E-Commerce Planning & Drafting, and Management & Evaluation of IP Assets. The course will be based on Port, Dratler, Hammersley, McElwee, McManis & Wrigley's Licensing Intellectual Property in the Information Age (Carolina Academic Press 2005), and will focus on a series of weekly problems on the following topics: The business factors that drive a License Agreement & an overview of IP law, IP audits, negotiating strategies, valuation, multimedia licenses, general contractual provisions and contract issues in licensing, antitrust issues, enforcement, international aspects, tax implications and bankruptcy issues in licensing. Regular attendance and class participation is expected, and the grade will be based on written weekly assignments, which will fulfill the seminar requirement for IP LLM students (though not for JD students). Students who have taken the course IP Licensing: IP & E-Commerce Planning & Drafting taught by Prof. Fendell are eligible to take this course, as these two courses are not duplicative.
Credit 3 units. Law: HT, LCU
LAW 5431 Copyright & Related Rights
This course focuses on federal copyright law and related bodies of state law governing the protection of authors' literary and artistic works, including technical works such as computer software, architectural works, and databases, as well as more traditional literary and artistic works. The final exam is a three-hour, in-class, open-book exam. 3 units.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5432 Copyright and Related Rights
This course will focus on federal copyright law and related bodies of state, foreign, and international law governing the protection of literary and artistic works, including technical works such as computer software, architectural works, and databases, as well as more traditional literary and artistic works. The course materials will include cases, statutes, international agreements, and hypothetical problems. The grade will be based on a timed final exam. Class participation will also be considered in assigning a final grade.
Credit 3 units.
LAW 5500 Mediation Theory & Practice
Enrollment limit: 24. Drop deadline: 5pm, Monday, Aug. 18, 2025. Prerequisite: Negotiation. This course introduces students to mediation theory and practice. The course explores mediation within the larger context of dispute resolution processes, and includes attention to the negotiation underpinnings of mediation. The course focuses on the development of the analytical and interpersonal skills necessary to be successful in domestic and international mediations, whether as advocates or mediators. The course develops analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course develops mediation skills through role play exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in mediation. The readings and the role play exercises draw from a wide variety of mediation contexts, such as civil litigation, family, victim-offender, commercial, and employment disputes, and provide concepts and tools that apply to all types of dispute resolution. Student grades are based on weekly written assignments throughout the semester, preparation for and participation in class role play exercises, and a take-home final paper. The weekly assignments are not graded anonymously, as they are used as a method of providing ongoing feedback to students. The final paper is graded anonymously. Students are graded according to the standard grading scale. 3 units.
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5501 Mediation Theory and Practice
Enrollment limit: 24. Prerequisite: Negotiation. Drop Deadline: Monday, Jan. 10, 2022. This course introduces students to mediation theory and practice. The course explores mediation within the larger context of dispute resolution processes, and includes attention to the negotiation underpinnings of mediation. The course focuses on the development of the analytical and interpersonal skills necessary to be successful in mediations, whether as advocates or mediators. The course develops analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course develops mediation skills through role play exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in mediation. The readings and the role play exercises draw from a wide variety of mediation contexts, such as civil litigation, family, victim-offender, commercial, and employment disputes, and provide concepts and tools that apply to all types of dispute resolution. Student grades are based on weekly written assignments throughout the semester, preparation for and participation in class role play exercises, and a take-home final exam. The weekly assignments are not graded anonymously, as they are used as a method of providing ongoing feedback to students. The final exam is graded anonymously. Students are graded according to the standard grading scale. 3 units.
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5502 Business Negotiation Theory and Practice
Enrollment limit: 24. Prerequisite: Introduction to Negotiation & Dispute Resolution. Drop deadline: 5:00 p.m. Monday, Aug. 18, 2025. Students are not eligible to take both this course and any section of Comparative Business Negotiation. The difference between a good attorney and a great one is often a matter of negotiation skills. Whether working in a law office practice, a public institution, or a business enterprise, an attorney's job inevitably involves negotiation. Many of the negotiation skills learned in this class are also applicable to individuals working in non-traditional legal positions (for example, business executives, leaders of non-profit organizations or politicians), as these and other careers frequently require reaching agreements with other parties. Negotiation skills are needed in any situation where the terms of an agreement or contract must be determined (mergers, joint ventures, litigation settlements, partnership agreements, and so forth), and also in the day-to-day work of dealing with clients, partners, employees, judges, legislators, and colleagues. Because negotiation is so integral to what lawyers do, negotiation skills play critical role in determining how successful lawyers are in their work. The premise of this course is that, while attorneys need analytical skills to discover solutions to negotiation problems, bargaining skills are needed for solutions to be accepted by others and implemented. The purpose of this course is to help you become a more skillful negotiator. The course is relevant to a broad range of business and negotiation problems faced by lawyers. A solid grounding in negotiation theory is necessary for the development of negotiation skills. Toward this end, students will study a variety of situations where negotiating skills are important and will develop a set of bargaining tools that will enable them to convert conceptual knowledge into effective action. These tools consist of preparation and at-the-table guidelines that, when practiced regularly, develop into fluid negotiation skills. Because practice is essential for negotiation skills to develop, practice opportunities are offered continually throughout the course. Indeed, at least one practice opportunity will be provided in almost every class, in the form of a negotiation or dispute resolution case that simulates a real-world situation. There are no exams in this course. Rather, you will be graded on the basis of written assignments (including reflection journals and a take-home paper assignment due at the end of the exam period), class participation, performance in negotiations and group projects (if assigned). [BCCCR Requirement: this course contains 4 hours of BCCCR instruction.]
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5503 Comparative Business Negotiation
Prerequisite: None. Students cannot earn credit in both Comparative Business Negotiation and Business Negotiation Theory and Practice. Both J.D. and LL.M. students are welcome to enroll. Negotiation is the most commonly used form of legal dispute resolution and deal making around the world. This course introduces students to the theory and practice of business negotiation in the U.S. and cross-cultural considerations in negotiations through readings, simulations, videos, and group projects/presentations, and provides J.D. and LL. M. students the opportunity to negotiate and learn from students from around the world. The course focuses on understanding negotiation theories and developing negotiation skills necessary to be successful as negotiators and advocates in a variety of domestic and international business settings, including deal making, and internal corporate and employment dispute resolution. Students will study a variety of business situations where negotiating theory and skills are important and will develop a set of bargaining tools that will enable them to convert conceptual knowledge into effective action. These tools consist of preparation and at-the-table guidelines that, when practiced regularly, develop into fluid and intentional negotiation skills, informed by cutting-edge negotiation theories. Because practice is essential for business negotiation skills to develop, practice opportunities are offered continually throughout the course. At least one practice opportunity will be provided in almost every class, in the form of a negotiation or dispute resolution case that simulates a real-world business situation. Students will be graded on multiple short written assignment (reflective journals), class participation, performance in negotiations, and group projects and a final take-home paper, graded anonymously. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5504 Advanced Negotiation Theory and Practice
Prerequisite: Negotiation. Enrollment limit: 24. Drop deadline: Monday, Jan. 6, 2025 at 5:00 p.m. As a lawyer, whatever field of specialization you choose, you will spend a large part of your time negotiating. Many people negotiate without consciously focusing on the process of negotiation, but there is much to be gained from looking at negotiation in an analytical, systematic manner, and from developing a variety of tools and approaches to use in a negotiation context. In this class, we will develop an understanding of various theories and aspects of negotiation by studying the academic literature on negotiation and by practicing and improving negotiation skills through in-class exercises and simulations. Class participation in discussion and exercises/simulations will account for 1/3 of the course grade. You will also write several short papers that will account for 1/3 of the course grade. (These two portions of the grade will not be evaluated anonymously.) Finally, a 2 hour exam will account for the remaining 1/3 of the course grade. 2 units.
Credit 2 units. Law: FV, LCU, RW
LAW 5505 Advanced Mediation and ADR Processes
Enrollment limit: 16. Drop deadline: Fri, January 20, 2012. This course is designed for students who want to master mediation and other Alternative Dispute Resolution (ADR) processes through study and critique of video demonstrations by real mediators and ADR specialists, participation in realistic simulations, and experiential learning in actual mediations and other ADR proceedings. The class will emphasize skill development through role plays that require planning, client preparation, and drafting, in which students will engage in roles as both advocates and ADR specialists. Readings will provide theoretical, analytical, and practical insights into dispute resolution. The class meetings will be two (2) hours per week. Readings and out-of-class video viewing will be required. Each student will be required to participate in three (3) hours per week of practice through real mediations conducted by phone at the Better Business Bureau and at least one observation at U.S. Arbitration & Mediation-Midwest, under the supervision of the instructor. This class will not be graded anonymously as the instructor will evaluate the students throughout the semester on their mediation and ADR skill development and drafting. The final in this class will be a mediation or other ADR session performed outside of class. Each student will be paired with another student in the course and students will take turns playing the role of client and attorney in a role play, in which the instructor will serve as mediator or other ADR specialist. Students will be evaluated on their performances in the simulation (including their document preparation, their oral self-critiques, and their responses to questions from the mediator immediately following the mediation) and their written evaluation of the mediation. Detailed evaluation criteria will be provided at the beginning of the course. These criteria will serve as a standardized measure of performance, both for in-class role plays and for the final mediation/ADR simulation. Daily preparation and participation in class, including writing assignments, will count for 20% of the student's grade. Another 20% of the student's grade will be based on regular attendance and full participation in the weekly practice and observation opportunities, with special emphasis on the weekly journals regarding these experiences. The final mediation/ADR simulation and analysis will count for 60% of the student's grade. Of that 60%, the student's performance will be worth 30% and the written evaluation will be worth 30%. Students will be graded through the standard numeric grading scale. There are no pre-requisites for this class. However, students are STRONGLY encouraged to take Introduction to ADR, Mediation Theory & Practice, or Family Mediation Theory & Practice BEFORE taking this class. Note that students are precluded from taking the Mediation classes once they have taken this course. The recommended sequence would be for students to take (1) Intro to ADR, (2) Mediation Theory & Practice and/or Family Mediation Theory & Practice, and then (3) Advanced Mediation & ADR Processes and/or Civil Rights & Community Justice Clinic. This course was formerly called Advanced Mediation & Advocacy; therefore, students who previously took Advanced Mediation and Advocacy are not eligible to take this course. 3 units.
Credit 3 units. Law: FV, LCU, RW
LAW 5506 Business Negotiation Theory and Practice
Enrollment limit: 30. [Drop deadline: Mon, January 6, 2014. Students are not eligible to take both this course and any other section of Business Negotiation Theory & Practice or Business Negotiation (1 unit short-course, January 2012 Intersession). Students who have taken the 1 unit weekend Negotiation course are eligible to take this course in a later semester, but students who take this course cannot take Negotiation in the same semester or in a later semester.] The difference between a good attorney and a great one is often a matter of negotiation skills. Whether working in a law office practice, a public institution, or a business enterprise, an attorney's job inevitably involves negotiation. Negotiation skills are needed in any situation where the terms of an agreement or contract must be determined (mergers, joint ventures, litigation settlements, partnership agreements, and so forth), and also in the day-to-day work of dealing with clients, partners, employees, judges, legislators, and colleagues. Because negotiation is so integral to what lawyers do, negotiation skills play critical role in determining how successful lawyers are in their work. The premise of this course is that, while attorneys need analytical skills to discover solutions to negotiation problems, bargaining skills are needed for solutions to be accepted by others and implemented. The purpose of this course is to help you become a more skillful negotiator. The course is relevant to a broad range of business and negotiation problems faced by lawyers. A solid grounding in negotiation theory is necessary for the development of negotiation skills. Toward this end, a game theory framework is used to help you think about and analyze all types of negotiation situations. This framework is combined with a set of bargaining tools that will enable you to convert your conceptual knowledge into effective action. These tools consist of preparation and at-the-table guidelines that, when practiced regularly, develop into fluid negotiation skills. Because practice is essential for negotiation skills to develop, practice opportunities are offered continually throughout the course. Indeed, at least one practice opportunity will be provided each class period, in the form of a negotiation or dispute resolution case that simulates a real world situation. There are no exams in this course. Rather, you will complete ten 1-page summaries of your negotiation preparations, and two reflection papers 4-6 pages in length. Written work will account for 65% of the course grade. Class participation will determine the other 35%. Class participation will consist of attendance, preparation for negotiation simulations, and contribution to in-class discussions. This course includes a lab/case fee. 3 units.
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5507 Investor-State Arbitration
This course will explore two core topics in investor-State arbitration, primarily under the International Centre for Settlement of Investment Disputes (ICSID) system: (1) parties' consent to arbitral jurisdiction and admissibility of claims; and (2) standards of protection provided by bilateral and multilateral investment treaties, such as the fair and equitable standard, national treatment, expropriation, etc. In addressing these topics, this course will also examine the role of public international law in the context of international law on foreign investments by referencing the law on treaties and customary international law. Students are expected to thoroughly read the course materials prior to the start of the class. Class attendance is mandatory.
Credit 1 unit. Law: FV, RW
LAW 5508 Arbitration Law Theory and Practice
Enrollment limit: 24. Prerequisite: Negotiation. This course introduces students to the law, theory, and practice of Arbitration. The course will address the interplay between the jurisdiction of the courts and the authority of the arbitrator, examining common law, the Uniform Arbitration Act used by most states, and the Federal Arbitration Act. The course develops legal and theoretical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course also focuses on the analytical and interpersonal skills necessary for attorneys to be successful in arbitration, whether as an advocate or as an arbitrator. The course mixes the case-study approach with simulations in multiple contexts, including consumer, commercial, financial, and employment disputes, which allow the student to work through an arbitration from the initial arbitration agreement to details of the actual arbitration hearing. Students undertake several written assignments, including drafting an arbitration agreement, Arbitration Claim, Motion to Compel Arbitration, Motion to Confirm Award, and Motion to Vacate Award, as well as solving ethical problems. Students present oral arguments on the motions and participate in two mock arbitrations. Student grades are based on written and oral assignments throughout the semester, preparation for and participation in class discussions and simulations, and a take-home final paper. Students are graded according to the standard numeric grading scale. Due to the ongoing writing assignments which are reviewed in class discussions after each assignment is turned in, and due to the small size of the class in which writing styles become very apparent, this course will not be graded anonymously. 3 units.
Credit 3 units. Law: FV, RW
LAW 5509 Employment/Civil Rights Mediation and Dispute Resolution Theory and Practice
Enrollment limit: 20. Drop deadline: one day after the first day the class meets. This course explores employment and civil rights mediation and dispute resolution processes in the private and public sectors, and includes attention to the negotiation underpinnings of mediation and dispute resolution. The course provides concepts and tools that apply to a wide variety of employment and civil rights disputes, including discrimination, harassment, failure to hire or promote, wrongful termination, severance, health and safety violations, unfair wages, and workers compensation under state and federal, employment and civil rights statutes. The course focuses on the development of the theoretical, analytical, and interpersonal skills necessary to be successful as both negotiator/advocates and mediator/dispute resolution experts in multiple employment and civil rights mediation and dispute resolution processes, including Equal Employment Opportunity Commission conciliation and mediation, court-ordered dispute resolution, ombuds programs, and internal corporate dispute resolution. The course develops theoretical and analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course develops mediation skills through simulation exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in negotiation and mediation. Student grades are based on weekly written assignments throughout the semester, preparation for and participation in class role play exercises, and a final paper. The weekly assignments are not graded anonymously, as they are used as a method of providing ongoing feedback to students; the final paper also is not graded anonymously, as there will be ongoing dialogue with and feedback from the instructor. Students are graded according to the standard numeric grading scale. There are no prerequisites for this course. Students who have taken Negotiation or Negotiation Theory & Practice are eligible to take this course.
Credit 3 units.
LAW 5510 Multi-Party and Public Policy Dispute Resolution Theory and Practice
Enrollment limit: 24. Prerequisite: Introduction to Negotiation & Dispute Resolution. Drop deadline: 5 p.m., Monday, Aug. 18, 2025. This course explores the theory and practice of multi-party dialogue and public policy dispute resolution processes. The course focuses on the development of the theoretical, analytical, and interpersonal skills necessary to be successful as dialogue facilitators, negotiators, and dispute resolution experts in multi-party and public policy conflicts. The course provides concepts and tools that apply to all types of multi-party and public policy dispute resolution, including environmental, land use, collective bargaining, organizational, community, and legal disputes. The course is designed to teach students how to manage multi-party conflicts and public policy dispute resolution processes, including diagnostic and process design skills, and negotiation techniques and strategies to resolve disputes in a multi-lateral, multi-issue world. The course develops theoretical and analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners, theorists, and public policy experts. The course develops facilitation and dispute resolution skills through simulation exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in multi-party dialogue and public policy dispute resolution. Student grades are based on preparation for and participation in class role play exercises, and a final take-home paper. Students are graded according to the standard numeric grading scale. [BCCCR Requirement: this course contains 3 hours of BCCCR instruction.]
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5511 Landlord-Tenant Law, Practice & Mediation
Enrollment limit: 24. Prerequisite: Negotiation. This course introduces students to the basics of landlord-tenant law and mediation theory and practice in the context of landlord-tenant disputes. The course focuses on the development of the analytical and interpersonal skills necessary to be successful in landlord-tenant practice, including negotiations and mediations as both advocates and mediators. The course combines the study of substantive law with practical application. The course develops analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from practitioners and theorists. The course develops mediation skills through videos and role play exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in mediation. In this course, students will be asked to analyze and approach specific issues from the differing viewpoints of landlords and tenants. Preparation is required and substantive in-class participation in the discussions and simulations is expected from all students. The final grade will be based on the quality of the student's preparation and understanding of the material, as demonstrated by in-class participation, simulations, drafting assignments, and a short take-home paper. Given the nature of the course, the course is not graded anonymously. Students are graded according to the standard grading scale. 1 unit.
Credit 1 unit. Law: FV, RW
Typical periods offered: Fall
LAW 5512 Cross-Cultural Dispute Resolution
Disputes and dispute resolution frequently involve cross-cultural conflict. Effective dispute resolution methods involve additional elements than those used in intra-culture adjudicatory and consensual dispute resolution processes. Through a harmonic integration of legal, sociological, psychological, and neurological concepts and findings, this course is designed to equip students with valuable tools that will allow them to choose suitable dispute resolution methods and strategies for resolving cross-cultural controversies and managing legal conflicts involving individuals from diverse cultures and backgrounds, including but not limited to gender, religion, national origin, and race. The course is designed to enhance negotiation and dispute resolution skills by increasing cultural intelligence (CQ) and bias awareness for lawyers and other professionals who will be involved in diverse conflict resolution scenarios, whether as parties, business representatives, attorneys, negotiators, facilitators, or adjudicators. The course includes assigned readings, simulations, and a project related to cross-cultural dispute resolution. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: FV, RW
Typical periods offered: Fall, Spring
LAW 5600 International Money Laundering, Corruption, and Terrorism
Enrollment limit: 25. Meets every Tuesday and every other Thursday. This course focuses on the interrelationships among money laundering, corruption, and terrorism, their threat to global peace and prosperity, and the convergence of international law efforts to confront them. Because the detection of concealed assets is essential to deterring these crimes, students will learn the fundamentals of financial investigation and cooperation between countries through a mid-course interactive simulated case exercise designed to take students, via walking through the steps of a hypothetical financial investigation in an automated environment, from the basics of money laundering, corruption/terrorism violations, and Mutual Legal Assistance (MLA) to an advanced level of understanding and capability. Students will bring their laptops to each class and use them to follow a money trail involving documentary evidence and summarized bank records. Thirty-five percent (35%) of the course grade will be based on a paper which organizes the evidence from the Simulated Case Exercise in a format useful for attorneys in preparation for trial. The remaining 65% of the course grade will be based upon an essay-type take-home final examination at the conclusion of the course. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5601 Corporate and White Collar Crime
Enrollment limit: 45. This 2 unit course will be taught by experienced practitioners in the area of white collar crime, both in the defense of such matters and as Federal prosecutors. There will be focus on the major federal statutes and tactics employed by the U.S. Government in fighting white collar crime, as well as the strategies and defenses used by the defense bar in response. Significant emphasis will be placed on the practical aspects and applications of the prosecution and defense of white collar crime. Guest lecturers may include Federal prosecutors, judges and defense attorneys. Regular class attendance, preparation, and participation are required and grades for the course will be based on a final exam and class participation. 2 units.
Credit 2 units. Law: RW
Typical periods offered: Spring
LAW 5602 Pretrial Practice and Settlement
Enrollment limit: 12 students per section. Drop deadline: Monday, August 18, 2025 at 5:00 p.m. Prerequisite: Civil Procedure. Course work in Ethics, Evidence, Employment Law, and Employment Discrimination may be helpful if taken before or simultaneously with this course, but are not prerequisites. Pretrial Practice and Settlement will focus on developing the skills necessary for effective client representation at the pretrial stage of litigation, from the initial client interview through settlement negotiations. Several sections of this course are offered, each of which meets at a different time with a different instructor. In this course, students will litigate two civil cases. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills and the ability to analyze factual situations under the appropriate substantive laws. Students must complete legal research throughout the semester in order to learn and correctly apply the governing rules. There will be weekly reading assignments and regular written assignments, including pleadings, discovery requests, motions, and settlement documents. Students will also participate in simulations of the lawyering process in class each week. Attendance and preparation are required. A STUDENT WHO MISSES MORE THAN TWO CLASSES OR WHO MISSES ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR IS SUBJECT TO REQUIRED WITHDRAWAL FROM THE COURSE - this includes partial absences and absences for school activities (e.g., moot court, mock trial, etc.). WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER 5 p.m. MONDAY, AUG. 18, 2025, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. Any student enrolled in Pretrial Practice and Settlement as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis (HP-3.94, P, LP-2.98, F-2.50). Grades will be based on performance on written assignments and in-class simulations, as well as participation in class discussion. When determining grades, a premium is placed on strong written and oral communication. Because written assignments and in-class performance depend upon the particular roles assigned each student, this course will not be graded anonymously. [Note: Students cannot take both Pretrial Practice and Settlement (W74-658Y) and Pretrial Practice: Criminal (W74-658Z).]
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall
LAW 5603 Pretrial Practice: Criminal
Enrollment limit: 12 students. Drop deadline: Monday, January 6, 2025 at 5:00 p.m. Prerequisite: Criminal Law. [Note: students cannot take both 'Pretrial: Practice: Criminal' (W74-658Z) and 'Pretrial Practice and Settlement' (W74-658Y).] Course work in Criminal Procedure, Ethics, and Evidence may be helpful if taken before or simultaneously with this course but are not prerequisites. This course will focus on developing the skills necessary for effective prosecution and defense related to criminal charges before trial, from the initial victim, witness, and defendant interviews through plea bargain negotiations. In this course, students will litigate two criminal cases. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills and the ability to analyze factual situations under the appropriate substantive laws. Students must complete legal research throughout the semester to learn and correctly apply governing rules and statutes. There will be weekly reading assignments and regular individual written assignments, including pleadings, discovery requests, and motions. Students will also participate in simulations of the lawyering process in class each week. Attendance and preparation are required. A STUDENT WHO MISSES MORE THAN TWO CLASSES OR WHO MISSES ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR IS SUBJECT TO REQUIRED WITHDRAWAL FROM THE COURSE - this includes partial absences and absences for school activities (e.g., moot court, mock trial, etc.). WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER 5 p.m. MONDAY, JANUARY 6, 2025, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. Any student enrolled in Pretrial Practice: Criminal as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis (HP-3.94, P, LP-2.98, F-2.50). Grades will be based on performance on written assignments and simulations, as well as participation in class discussion. Because written assignments and in-class performance depend upon the particular roles assigned each student, this course will not be graded anonymously. 3 units
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Spring
LAW 5604 Trial Practice and Procedure
[SPECIAL EARLY DROP DEADLINE: Monday, Dec. 5, 2016.] Enrollment limit: 48. Prerequisite: Students must have completed Evidence before taking this course (Pretrial is not a prerequisite). This course focuses on the trial phase of litigation from the perspective of a practicing attorney. The course will be devoted to learning about and performing various aspects of the trial of a lawsuit, including the development of a theory and theme, jury selection, opening statement, direct and cross-examination of lay witnesses and experts, the use and introduction of real and demonstrative evidence, and closing argument. Toward the end of the semester, students will prepare for and conduct 2 complete trials. Required work for the course will include both reading and written assignments. STUDENTS WILL ALSO BE REQUIRED TO OBSERVE AND WRITE ABOUT A STATE AND FEDERAL TRIAL DURING THE SEMESTER. Students also will be required to prepare extensively for simulations. The lawyering skills you will use and develop include: problem solving, legal analysis and reasoning, legal research, communication skills, litigation skills, and recognizing and resolving ethical dilemmas. The class will meet TWICE A WEEK. THE FIRST MEETING WILL TAKE PLACE ON MONDAYS FROM 5:30 P.M. UNTIL 7:00 P.M. THE MONDAY SESSIONS WILL INVOLVE LECTURES AND DEMONSTRATIONS OF VARIOUS PARTS OF A TRIAL. THE STUDENTS WILL ALSO BE ASSIGNED VARIOUS ASSIGNMENTS TO PARTICIPATE IN THE MONDAY SESSIONS. THE SECOND MEETING WILL TAKE PLACE ON THURSDAYS FROM 6:00 P.M. - 8:00 P.M. DURING THE THURSDAY SESSIONS, STUDENTS WILL MEET IN SMALL GROUPS WITH AN ADJUNCTS WHO ARE PRACTICING JUDGES AND LAWYERS WHERE THEY WILL PERFORM TRIAL SKILLS EXERCISES SUCH AS OPENING STATEMENT, CROSS EXAMINATION ETC. THE STUDENTS WILL RECEIVE COACHING AND FEEDBACK FROM THEIR ADJUNCT. The course will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Grades will be determined by the student's performance on written and simulation assignments and participation in class discussion. Regular attendance is required. Laptops or other electronic devices cannot be used in class. WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Trial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, December 5, 2016, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. 3 units.
Credit 3 units. Law: LCU, RW
LAW 5605 Trial Practice and Procedure
Pre-requisite: Evidence. (Pretrial is not a prerequisite for Trial.) This course focuses on the trial phase of litigation from the perspective of a practicing attorney. The first part of the course will be devoted to learning about and performing various aspects of the trial of a lawsuit, including the development of a theory and theme, jury selection, opening statement, direct and cross-examination of lay witnesses and experts, the use and introduction of real and demonstrative evidence, and closing argument. Toward the end of the semester, students will prepare for and conduct a complete trial. Required work for the course will include both reading and written assignments. Students also will be required to prepare extensively for simulations. The lawyering skills you will use and develop include: problem solving, legal analysis and reasoning, legal research, communication skills, litigation skills, and recognizing and resolving ethical dilemmas. This course also will focus on the professional values of providing competent legal representation, and examining the legal profession's role in promoting justice, fairness, and morality. The class will meet once a week as a group for one and one-half hours most weeks and a second time for at least two (and sometimes up to two and one half) hours in small groups with the adjunct professors. Regular attendance is required. Laptops or other electronic devices cannot be used in class. The large class meetings will often involve demonstrations about various aspects of trial practice and simulations that may involve everyone in the class and it is essential to be engaged in the class and not distracted. In the small break-out sessions on Thursdays, students will be constantly in role as lawyers and witnesses. WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Trial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, May 9, 2016, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion.
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall
LAW 5606 Advanced Trial Advocacy
Enrollment limit: 6 per section (minimum: 4 per section). [Drop deadline: Monday, Dec. 5, 2016, 5:00 pm. Prerequisites: Trial Practice & Procedure. Note that Evidence is a prerequisite for Trial Practice & Procedure. Students cannot be enrolled in more than one section of this course. They also cannot be enrolled in one section and waitlisted for the other. Students cannot take this course and Advanced Trial Advocacy: Civil, W75-503B.] This course is designed for students who intend to be litigators. It provides these students with an opportunity to further develop skills learned in the basic Trial Practice and Procedure course as well as to learn new trial skills, including the use of computers in the courtroom. The course focuses on techniques used in federal courts and uses actual case and investigative materials from federal criminal cases. Required work for the course will be similar to that done for the basic Trial Practice course, except that there will be less time spent on lecture and demonstration and more time on skills performance. Two full trials will end the semester. The final class will involve trying a criminal case to a jury, but in a more complete format than that of the Trial Practice class. This course will meet once a week for three hours. WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, Dec. 5, 2016, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. It will be graded on a modified pass/fail basis [HP-3.94, P, LP-2.98, F-2.50]. Grade will be determined by the student's performance on simulation assignments, other work assigned during the semester, and the final trial, as well as weekly class participation. 3 units.
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Spring
LAW 5610 Information Privacy Law
This course serves as an introduction to the dynamic field of information privacy law. The goal of the course is to equip students with the vocabulary, legal toolkit, and contextual knowledge to enter the practice of law in this rapidly-expanding practice area, whether in privacy or AI law groups. The course will trace the development and meanings of privacy in American law from the famous 1890 Harvard Law Review article "The Right to Privacy" by Samuel Warren and Louis Brandeis to the modern problems of privacy in the information age. Particular emphasis will be placed upon modern policy problems involving privacy, including privacy and the media, Fourth Amendment law, government surveillance, health privacy, Internet privacy, data security and breaches, FTC regulation, emerging technologies, artificial intelligence, and the problems caused by government and private-sector databases. The focus of the course is on US law, but we will necessarily examine the internationalization of the field, including the European General Data Protection Regulation (GDPR), issues of cross-border data transfer, and the "Right to Be Forgotten." Attendance and participation are essential. Please note that laptop computers are not permitted in class. There will be a blindly-graded final exam.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall
LAW 5611 Advanced Privacy Law and Theory
Prerequisite: Information Privacy Law. This advanced course in Privacy Law offers a more detailed examination of privacy law and privacy theory. It builds on the conceptual, analytical, comparative, and doctrinal skills developed in Information Privacy Law to enable more sustained and expert engagement with the American and European regimes of privacy and data protection law. The course offers a deeper and more specialized examination of both scholarly and practical issues in privacy law, from academic theories of privacy and data protection, to deeper examinations of the EU data protection regime and the GDPR, national security law, American privacy reform at the state and federal levels, artificial intelligence, the Edward Snowden revelations, and other issues of privacy law of the moment. It is intended for students who took Information Privacy Law and who wish to pursue careers in privacy or technology law as well as for those interested in academic theories of privacy-or both, since the emerging global practice of privacy law is one in which lawyers and academics are frequently-and necessarily-in close and fruitful conversation with each other. Attendance and participation are essential. Please note that laptop computers are not permitted in class. Assessment will be on the basis of class participation and a blindly-graded final exam. In Spring 2025, this course will only be two credits because it will start a month later than the other courses. 2 Credits
Credit 2 units. Law: RW
Typical periods offered: Spring
LAW 5612 International Commercial Arbitration
This 1 unit weekend course deals with the dispute resolution component of the globalisation of commerce and finance. In this context we must first ask why domestic courts are no longer preferred, but also what the powers of international arbitrators are, what their status and standing truly is, what practical advantages may be realistically expected and what the downside is. Also, who supervises these arbitrators and is there sufficient transparency and accountability for this facility to remain credible and efficient. Subsequently we have to consider how these tribunals operate in practice, reach their awards and and how they can be enforced internationally.
Credit 1 unit. Law: FV, RW
LAW 5613 Administrative Law
Administrative Law is the "Civil Procedure" of the regulatory process. The course deals with laws governing administrative agencies at both the federal and state levels. We examine the procedural mechanisms that agencies use as they draft regulations, disburse welfare benefits, grant licenses, and pursue violators of regulatory statutes. We also study the procedural rights agencies must afford to private parties, and the ways in which administrative officials are supervised by Congress, the White House, and especially the courts. Although the course does not examine in detail the substantive laws administered by the NLRB, EPA, HHS, FCC, etc., it provides the background needed to understand the operations of these and other agencies. Regular attendance and preparation are expected, and sanctions may be imposed upon egregious offenders. Course grade will be based on a timed exam. 3 units.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall, Spring
LAW 5614 Adoption and Assisted Reproduction
Who is a child's parent? When do adults and minors constitute a family? What consequences follow? This course examines the political or policy choices that shape the answers to these questions. Understanding these choices, in turn, requires consulting constitutional doctrine, state family law, bioethical and religious considerations, social norms, economic and other inequalities, principles of reproductive justice, and assumptions about dependency - all sites of continuing flux. In addressing these matters, the course compares and contrasts three distinct contexts: parentage by sexual conception, parentage by adoption, and parentage by assisted reproductive technologies, with attention to historical context as well as to contemporary controversies. For example, coverage of adoption entails a review of its history as a child-welfare measure, a study of the adoption process, and consideration of the legal consequences of adoption (including variations such as equitable adoption, stepparent adoption, and second-parent adoption). Important and timely policy debates, such as proposals to abolish the family policing system, access to adoption by LGBTQ individuals and couples, transracial adoption, confidentiality versus disclosure of adoption records, and open adoption, all receive attention. Juxtaposed with adoption are its modern alternatives-various forms of assisted reproduction (donor insemination, in vitro fertilization, egg donation, traditional and gestational surrogacy, and "embryo adoption"), methods of family creation used traditionally by infertile different-sex couples and, increasingly, by single individuals and LGBTQ couples. Again, contested policy issues receive attention (such as parentage rules for children born from collaborative reproduction; the effect of private agreements; the role of race, class, sexual orientation, and gender in assisted reproduction; and reproductive tourism). Throughout the course, references to selected works of literature, film, and popular culture help bring to life the course's topics and themes, which touch deep emotions by raising issues of identity, ancestral roots, and family secrets. Students seeking full coverage of family law issues should take both this course and the Family Law course scheduled for spring 2026, which will focus on adult relationships (including marriage, nonmarriage, and dissolution and their consequences), but will not address the questions of parentage, adoption, and assisted reproduction featured in this course. Because class discussion is a vital part of this course, regular class attendance and preparation are required, and students may not use laptops in class unless special accommodations apply. Final grades will be based on a short examination (no more than 2 hours), some additional short writing assignments, and class participation. Unless special accommodations apply, students may not use laptops in class. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5615 Advanced Chapter 11 Bankruptcy: Plan Prosecution and Confirmation Issues
Enrollment limit: 40. Drop deadline: Wed, Dec. 1, 2010. In light of the economic crisis and the recent bankruptcy boom, this course will provide a detailed review of the chapter 11 process for commercial bankruptcies, including crafting the plan of reorganization, prepackaged plans, valuation disputes, competing creditor constituencies, cramdown, plan confirmation, and post-confirmation liquidation trusts. Students enrolling in this course will learn the fundamentals of the chapter 11 process beginning with the plan formation process through and after confirmation from both the creditor and debtor perspectives. Prior completion of a general bankruptcy course is recommended. Students who have taken Reorganization Seminar are not eligible to take this course. However, students who take this course are eligible to take Reorganization Seminar in a future semester. Grading will be modified pass/fail (HP94, P, LP78, F70), and will be based on a take-home written examination (and class attendance, preparation, and participation may be taken into consideration). The take-home final will be available via MyLaw on Friday, January 14, and will be due by 8:00am on Tuesday, January 18.
Credit 1 unit.
LAW 5616 Advanced Evidence
Devices for regulating the process of proof (e.g., burdens of proof, presumptions, judicial notice), the meaning of proof, and other selected topics.
Credit 3 units.
LAW 5617 Advanced Persuasive Writing
This course will build on the skills developed in the first year Legal Practice course. Students will apply principles of classical and contemporary rhetoric to improve the effectiveness of their written arguments. The focus will be on writing, so no outside legal research will be required. Weekly class meetings will include in-class individual and group writing exercises and peer editing exercises. The students' grades will be based on in-class participation and on a final persuasive brief.
Credit 2 units. Law: LCU, RW
Typical periods offered: Spring
LAW 5618 Affordable Housing Law and Transactions
Enrollment limit: 25. The course will begin with an exploration of the financial obstacles to affordable housing in the United States. Next, it covers past and current federal and state programs directed toward affordable housing development and preservation and community development. We will then discuss federal and state case law addressing affordable housing development and the problem of exclusionary zoning that limits where low income housing can be built. No laptops will be permitted in class. The grade will be based on attendance, class participation and three issue papers (7-10 pages each). 2 units.
Credit 2 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5619 American Indian Law
This course will explore the central aspects of federal and international law affecting American Indians. The course will begin by considering the status of Indian nations as sovereign political entities within the United States and examining the legal and political relationships these nations have with the U.S. and the several states. The course will then explore the development of federal Indian law over the past two centuries. Particular attention will be given to the doctrines of tribal sovereignty, self-government, and self-determination; treaty-based rights to land, water, wildlife, and other natural resources; the preservation of Indian languages, cultures, and religions; issues of economic development, including the right of Indian nations to operate gaming enterprises on their reservations; and jurisdictional conflicts between and among the U.S., Indian nations, and the states over authority to regulate the activities of Indians and non-Indians in Indian country. Special consideration will also be given to the evolution and modern status of Indian governments, their laws, and legal systems. The course will conclude with a survey of various international laws and the laws of other nations, including Canada and Australia, as they relate to indigenous peoples. No prerequisites. [BCCCR Requirement: this class contains 5 or more hours of BCCCR instruction.] 3 credits.
Credit 3 units. Law: HT, RW
Typical periods offered: Fall
LAW 5620 American Indian Societies, Cultures, and Values
Surveys several major themes in the history and modern evolution of American Indian societies, cultures, values, and laws. Examines indigenous societies and cultures before the arrival of Europeans. Explores the history of American Indians and Indian nations in the US and their treatment by the US. Examines modern Indian governments, and legal systems, and the status of Indian nations as sovereign political entities within the US. Prerequisite: S15-5012.
Credit 3 units. Law: RW
LAW 5621 American Legal History
A survey of the development of law and legal institutions in American History since the Founding, examining continuity and change in the English legal tradition under the impact of social, economic, and political forces. Coverage will be comprehensive (from Blackstone to Brandeis), examining the way that our modern actions in property, tort, and nuisance emerged from the ancient English system of writs. The course will emphasize the way that the law has responded to external factors by redefining the status and rights of individuals and by creating legal institutions to empower, protect, or restrain. Among the topics covered will be: constitutional originalism; the creation of a theory and practice of appellate justice; the emergence of modern legal education and the law firm; the creation of modern property rights (in objects and in persons, including chattel slavery); the power of race in creating legal double standards; the status of women and children; crime and punishment (including the regulation of religion, sexuality, and reproduction); the balance of private rights and public welfare. In understanding the way law changes, attention will also be given to the competing roles of bench, bar, and jury; statute and common law (and equity); and law versus norms. The purpose of this course is to provide an understanding and appreciation of the historical foundations of law and lawyering as practiced today, and to enable practitioners to use historical argumentation and challenge historical fallacies in the courtroom. Three hours of lecture and discussion. Open-book, 3 hour final exam. Same as L98 AMCS 698, L22 History 5909, L32 Pol Sci 598. 3 units.
Credit 3 units.
LAW 5622 American Legal History
This course will, using almost entirely original materials, survey American legal history from the earliest European colonization to the 20th century with particular focus on the following episodes or themes: the legal origins of colonial law, the foundation of independent states and the federal republic, the law of slavery, the legal status of Native American people and tribes, the civil war and its aftermath, settlement of the prairie, early regulation of business, rise of the Supreme Court as a major national institution, development of the law affecting women, legal treatment of immigrants, and national security legal development and others. Three hours of class: discussion/lecture format. A short mid-semester paper/in class-presentation on individual topics selected by each student. A two hour open book final examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5623 Appellate Advocacy
Enrollment limit: 24. This course is designed to provide students with the practical skills and substantive knowledge necessary to successful appellate advocacy. Students are trained to identify and analyze legal issues unique to appellate proceedings, such as harmless error, error preservation, and standards of review, while at the same time learning practical skills in written and oral advocacy. Classes combine lecture, group discussion, and demonstration with simulated oral arguments in which the students assume the role of counsel on appeal. Students are also required to observe oral arguments before the Eighth Circuit Court of Appeals. Grades are based upon written assignments, class participation, and a final oral argument. Grading is not anonymous. There is no final examination. No prerequisites. Regular attendance and participation required. 3 units.
Credit 3 units. Law: LCU, RW
Typical periods offered: Fall
LAW 5624 Bankruptcy
After a brief overview of state debtor-creditor law, this course will cover federal bankruptcy law. The majority of class time will be spent working through casebook problems that require an application of Bankruptcy Code provisions to particular fact situations. The course will begin with coverage of individual bankruptcies and then move on to the special issues associated with business bankruptcies. Attendance, participation and preparation will all be required. Laptops will not be allowed in class. There will be a three hour examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5625 Bankruptcy
This course will cover federal bankruptcy law. After a brief overview of state debtor-creditor law, the course will (1) examine the federal bankruptcy system's basic building blocks, (2) then consider issues that arise in cases involving individual debtors under Chapters 7 and 13 of the Bankruptcy Code, and (3) conclude by considering issues that arise in cases involving artificial entities (e.g., corporations) under Chapter 11 of the Code. The majority of class time will be devoted to working through problems that require application of Code provisions to particular fact situations. Attendance and preparation will be required. Grades will be based on a three-hour, closed-book final examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5626 Bankruptcy
After a brief overview of state debtor-creditor law, this course will cover federal bankruptcy law. The majority of class time will be spent working through actual cases which do not appear in the text but assume an understanding of the reading material for that class and require an application of the Bankruptcy Code provisions which were discussed in the reading material. The course will begin with coverage of individual bankruptcies and conclude with selected issues associated with business bankruptcies. Participation and preparation will be required. Classes will be held on Monday, Wednesday and Thursday from 7:30 a.m. to 8:45 a.m. Since this course is three credits and classes are 75 minutes, classroom sessions will end the first week of November. There will be a two-hour examination that will be administered during the regularly scheduled exam period. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5627 Biosciences, Causation, and Tort Law
This course builds on tort law and involves its application in a specialized area that focuses on the harm suffered. Rather than traumatic injuries, toxic torts are about diseases suffered as a result of the wrongful conduct of another. Of course, automobiles, baseball bats, and widgets don't cause disease. Instead, diseases (for our purposes) are caused by drugs, chemicals, minerals (asbestos is, after all, a type of mineral), radiation, cigarette smoke, and similar substances. Those substances, the diseases they cause, and the lawsuits they spawn frame this course. Among the many special problems that exist in this area of tort law is causation, and that will be the focus of the course: addressing the theory of factual causation and then understanding the different types of scientific evidence brought to bear on the issue of causation, which include primarily epidemiology, as well as toxicology, and genetics. Caution: This course has a heavy science component and a little bit of standard statistical methods of the sort taught in an undergraduate liberal arts course. If you came to law school to avoid any further contact with science or basic math, this course is not for you. Final grade will be determined based on the final examination, group project and presentation, and class participation. 2 Credits
Credit 2 units. Law: RW
LAW 5628 Business Lawyering: Listening, Writing and Negotiating
Enrollment limit: 24.This course will focus on the role of the lawyer in the earliest stages of client relationships, disputes, and deal negotiations in both domestic and international business settings. The course is intended to develop listening, writing, and negotiating skills in rising attorneys in the context of business, including exchanges with clients, opposing parties and counsel. As the course progresses, dynamics typical to real-world practice will be introduced. Early-stage communications (like emails and letters) are crucial but often overlooked tools of factual development for the lawyer. Well-crafted early-stage communications can help the lawyer build the proper foundation for favorable resolution and bargaining advantages. In turn, communications that are not carefully drafted or drafted without strategic thought and process can often restrict or undermine positive outcomes. Since many, if not most, real-world disputes and transactional advantages are typically resolved at these early stages, how well the lawyer can perform in these early-stage communications and negotiations will often determine the ultimate quality and value of the resolution for the client. A major portion of the semester will involve the negotiation of a major domestic or international transaction from inception to at least letter of intent. This course will provide students with both conceptual frameworks and practice experiences that will enhance their understanding and ability to participate successfully in early business lawyering in a combination of six core skills: 1) theoretical understanding and structural framework; 2) interpersonal skills and awareness, including listening and other soft skills and "lawyering as a team" skills; 3) planning and strategy; 4) preliminary exchanges and correspondence; 5) discussion and negotiation; and 6) reflection, evaluation and adjustment. Grades will be based on a combination of written assignments, class participation, performance in class simulations, and group projects. Grading will not be anonymous. 3 units.
Credit 3 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 5629 Business Planning and Transaction Practice
Enrollment limit: 20. Pre/Co-requisite: Corporations. This 2 unit course will offer students an introduction to the structure and negotiation of business mergers and acquisitions. Students who are considering entering into private practice with an emphasis on mergers and acquisitions as well as students who are considering practicing in areas of law that are often implicated in merger and acquisitions deals (e.g., real estate, environmental, employee benefits, labor, tax, etc.) should consider taking this course. The course will follow the trajectory of a typical business acquisition transaction, beginning with a letter of intent, confidentiality agreement and due diligence, and progressing to the negotiation and drafting of a definitive purchase agreement. Note special schedule: this course meets on Mondays from 5:08p-7:00p, from Jan 25-March 21 (with the exceptions of March 14 for spring break); and on the following Fridays from 4:08p-6:00p: Jan 22, Jan 29, and Feb. 5. Students will be graded based on weekly written assignments and class participation. Because class participation is such a large component of the course, attendance is extremely important. Written assignments will be graded anonymously; the class participation component will not be graded anonymously. 2 units.
Credit 2 units. Law: LCU, RW
Typical periods offered: Spring
LAW 5630 Business Reorganizations
This course will focus on business reorganizations both inside and outside of bankruptcy. The primary focus of the course will be Chapter 11 reorganizations under the Bankruptcy Code. It is somewhat helpful but definitely not necessary for students wishing to enroll in this course to have taken the basic Bankruptcy class. This course does not assume that the student has any prior knowledge about bankruptcy law. Topics include: out-of-court restructuring; fraudulent transfers; corporate governance in bankruptcy; first-day orders and post-petition financing; use and sale of estate property; executory contracts and unexpired leases; claims allowance; plan voting and confirmation; prepackaged plans; cramdown plans; the absolute priority rule; claims trading; and post-confirmation issues. This is a problem-oriented course. After reading cases, text and Code provisions, students will complete problems at the end of each casebook assignment. Class time will be spent working through and discussing each of the problems. Attendance, participation and preparation will all be required. The final grade will be based on a single two-hour final exam. Laptops will not be allowed in class. 2 units.
Credit 2 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5631 Climate Change & the Law
While the scientific consensus regarding the reality and causes of climate change, a legal framework to address global warming is just beginning to evolve. In this course, we will examine the attempts made thus far on the international and domestic (federal, state, and local) fronts to develop regulatory and common law approaches to global warming. We will also consider private market initiatives that are evolving in the absence of and/or in anticipation of regulatory regimes. We will evaluate attempts to apply existing statutory and common law in the climate change context, as well as efforts to develop comprehensive new legislative schemes. Grading based on take-home exam and class participation.
Credit 2 units.
LAW 5632 Commercial Law
NOTE: Students who took Secured Transactions are not eligible to take this class. This course is designed to familiarize students with some aspects of the law relating to payments and secured transactions. The majority of class time will be spent working through casebook problems that require an application of Uniform Commercial Code provisions to particular fact situations. Articles 3, 4, and 9 of the Uniform Commercial Code will be the principal focus of the course. The largest portion of the course will be devoted to Article 9, which covers secured transactions. The remainder of the course will cover Articles 3 and 4, which govern the checking system, and we will also cover the federal law that governs credit and debit card transactions. Attendance and participation will be required. The final grade will be based on a single three-hour final exam.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5633 Commercial Real Estate Practice & Drafting
This course will be a theory and practice course, combining the study of substantive law with practical application, drafting and problem solving. The course is planned and directed toward students considering commercial real estate practice. Students taking this course will get an exposure to common issues arising in commercial real estate acquisition and lease transactions. Throughout the course, students will be asked to discuss and role play the relative positions and motivations of the seller and purchaser or lessor and lessee, as applicable, in an acquisition or lease of commercial real estate. Although the basic real estate transactions course is not a prerequisite, this commercial real estate course will continue and expand upon many topics covered in the basic course. Attendance and preparation will be required. The final grade will be based on class participation, drafting assignments throughout the semester, and a final exam
Credit 2 units.
LAW 5634 Comparative Refugee Law
This course presents international refugee law with a comparative approach. We will first address key concepts of forced migration and refugee protection. We will then explore the development of the international refugee law regime and its institutions, stemming from post-World War II response efforts and the 1951 Convention Relating to the Status of Refugees and the creation of the UN High Commissioner for Refugees. After an overview of regional frameworks around the world, we will spend several weeks developing a general understanding of US refugee law, policy, and implementation. We will then explore refugee protection frameworks and crises in case study countries in Africa, Asia, Europe, and the Americas. In addition, we will examine cross-cutting themes (eg, climate refugees; specific protection needs of women, children, LGBTQI individuals, and adolescent males). Finally, we will reflect on current protection challenges arising in different areas of the world, where increasingly restrictive laws and policies are emerging in the context of an historic level of global migration. Guest experts will occasionally dial into class to provide insight and reflections on their policy and practice-level work around the world. Class will meet twice a week. As the semester unfolds, students will participate in policy debates and eligibility analyses based on different legal and political contexts studied. Active engagement is expected; participation will constitute a significant portion of the grade. There will also be a final exam (take-home).
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5635 Complex Civil Litigation
Enrollment limit: 20. This course is designed to give you an overview of class actions and other forms of aggregate litigation of civil claims, from inception through final judgment. It will focus primarily on consumer fraud, product liability, mass tort, and employment discrimination claims. Securities class actions will not be a primary focus of this course. Topics covered will include: the prerequisites for certification of damages classes and equitable and declaratory relief classes; the availability of stand-alone issues classes; class discovery and case management; class notice, opt-out rights, and communications with class members; personal jurisdiction, res judicata, and collateral attacks on class judgments; multi-jurisdictional and competing class actions; the Class Action Fairness Act; choice of law issues pertaining to class claims; cross-jurisdictional tolling of statutes of limitations; non-class forms of aggregation, including Multidistrict Litigation (MDLs); class action trials and proof problems; class action settlements and ethical obligations on negotiating them; cy pres recovery; anti-suit injunctions in aid of settlement; fees for class counsel; and intersections between class actions and alternative dispute resolution. Students will be evaluated based on a combination of class participation, homework assignments, and a final exam, with the final comprising the vast majority of the course grade. Credit for class participation will be given considering students who volunteer for discussions and bring current class action topics for group discussion. Students will receive a small number of short homework assignments designed to put the theories discussed in class to practical use. For example, students may be asked to draft discovery directed at Rule 23(b)(3)'s predominance and superiority factors, or to draft a 3-page petition for why a case should be subject to multidistrict transfer. The homework will serve as a basis for class discussion. The final will be a standard, in-class, open-book, issue-spotting examination. 3 units.
Credit 2 units. Law: LCU, RW
Typical periods offered: Spring
LAW 5636 Conflict of Laws
Conflict of Laws considers the following three questions: What law applies to cases connected to more than one state or country (choice of law)? What courts have the authority to decide such cases (jurisdiction)? What is the effect elsewhere of a court's decision in such cases (recognition of judgments)? The cases examined span a range of subject matters, including torts, contracts, and property, just to name a few examples. Today, family law cases provide especially fertile ground for analysis in Conflict of Laws, given different states' and countries' varying positions and policies on topics such as same-sex marriage, adoption, abortion, and surrogacy arrangements. Other timely contexts include mass tort cases and controversies in Cyberspace. Although the course emphasizes conflicts among the American states, selected international problems are included. The course covers material that is both theoretical and practical. In terms of theory, the course explores questions of power, authority, and the nature of law, in light of the courts' evolving understanding of such concepts. In terms of practice, the course confronts a reality of the modern world: the vast majority of legal problems today are not confined to a single state or even a single country. Because class discussion is a vital part of the course, regular class attendance and preparation are required, and students may not use laptops. Grades will be based on a closed-book final exam and additional points for class participation. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5637 Conflict of Laws
This course examines legal problems that arise from occurrences transcending state or national boundaries: choice of applicable law, constitutional limitations thereon, jurisdiction of courts, and recognition of foreign judgments. Although the course will emphasize conflicts among the American states, selected international problems will be examined. Conflict of Laws provides an excellent review of a number of substantive courses as well as Civil Procedure because the cases examined in Conflict of Laws cover a variety of different topics including, for example, Torts, Contracts, Property, Insurance, and Family Law. Several contemporary controversies raise issues explored in this course: the effect elsewhere of same-sex marriages validly celebrated in Massachusetts or countries such as Canada, similar issues regarding civil unions and domestic partnerships, the applicability of abortion restrictions across state lines, mass tort actions, and the laws governing "Cyberspace" - to name just a few examples. Regular class attendance and participation are required. The exam will be an open-book, three-hour test.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5638 Constitutional Adjudication in a Comparative Perspective
Constitutional adjudication is a key feature of legal systems. It provides them with instruments of concrete application and implementation of fundamental rights. There is no shortage of types of constitutional adjudication, each of them corresponding to disparate functions within legal systems. Comparative constitutional scholarship has devoted much attention to classifications and typology of constitutional adjudication models. Understanding them is crucial to appreciate the functioning of legal systems in light of increasing interaction among them. Against this backdrop, the course explores constitutional adjudication in a comparative perspective, by identifying models and providing examples of decisions in hard cases. In doing so, the course highlights how constitutional adjudication tells us something of both the constitutional culture and the concrete functioning of a legal system.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5639 Consumer Law
This course surveys the law related to consumer transactions. We discuss topics such as solicitations, advertising, consumer privacy, credit reporting, credit discrimination, unfair and deceptive acts and practices, warranties, usury, home purchases, credit cards, automobile transactions, payday loans, credit remedies, debtor rights, and public and private enforcement. Grading is based on both class participation and a three-hour final examination. 3 units
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5641 Contemporary Issues in National Security Law (Berman)
This eight-week, 1-credit course will focus each week on one area of national-security law that has been in recent headlines. Examples include surveillance, border security, presidential emergency powers, the use of cyber-force, and the domestic use of the military. We will discuss the questions that these issues raise at all levels of our legal framework-constitutional, statutory, and regulatory-as well as their policy implications. Grades will be based on class participation (10% of your grade) and one final exam (90% of your grade), which may consist of multiple choice, short answer, and essay questions. The exam will be limited open book-you may refer to your class notes, any assigned reading material, and any study guides or outlines that you participated in generating. Reading materials will be posted online. There is no required case book for this course.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5642 Contemporary Issues in Real Estate Law
This course will cover a wide range of legal issues related to residential and commercial real estate transactions, finance, and development. There are no prerequisites: the course is intended for students with little knowledge of real estate law as well as students who have previous experience with real estate transactions. The first five weeks of the course will cover the basic structure of real estate transactions as well as introductions to systems of real estate finance and development, the duties of lawyers and the roles of non-legal professionals in real estate transactions and development, and historic patterns of discrimination in real estate transactions and finance. Readings for subsequent weeks will be determined based on student interest identified during the first two weeks of the semester. They will include additional explorations of the topics identified above, as well as-depending on student interest-environmental and natural resource issues in real estate transactions, recent developments in foreclosure and eviction law, planning and local government issues, recent crises in real estate markets and in real estate law, the evolution of common interest communities, and the growth of servitudes, including but not limited to conservation easements. The course will be offered remotely, largely through real-time / synchronous Zoom meetings, but with some short asynchronous / advance recordings as well. Prior to each week's Zoom meeting, students will be expected to have done the assigned reading for each class and to have reviewed short recordings, all of which will be posted in advance to the course Canvas page. These advance recordings will last no more than 15-20 minutes per week. Students will be graded on the basis of class participation and two short response papers. Each paper will be about five (5) pages in length and written in response to assigned readings.
Credit 1 unit. Law: RW
LAW 5643 Contract Management and Negotiation: Reaching Agreements Across the Americas
Enrollment Limit: Drop Deadline: Sunday, Jan. 22, 9:00 pm. This 1 unit intensive weekend course will meet on Friday, March 24 through Sunday, March 26. This course provides a practical overview of Latin American negotiation and contractual culture, and trains students to become globally oriented attorneys. The course seeks to present how negotiation techniques vary in different cultures and countries with diverse historic backgrounds. The focus primarily will be on the U.S. and Latin America. Through exercises in class, students will practice negotiation skills that are useful particularly when Latin American parties are involved. Students will practice the use of communication as a tool to reach agreements. The course will train students to control and manage situations which occur frequently in negotiations with Latin American parties, and to defuse and redirect unproductive and possibly volatile discussions. Students will learn the importance of confirmation bias and bargaining in transnational negotiations, as well as techniques to mitigate them. The course will analyze contract management across the Americas, explaining terms and conditions that are commonly used in Trans-American contract negotiation. Students will develop the ability to anticipate contractual provisions which could generate conflict. The course will highlight the most common problems faced when dealing with transnational contracts, and promote understanding of negotiation as an Alternative Dispute Resolution process. Students are expected to be prepared for class. Readings will be assigned with enough anticipation. Grade will be determined by class participation (high importance) and a final essay. Laptop computers are permitted in class strictly for academic purposes related to the course. You may not use your phones during our class for any reason. Students who violate the computer or phone use policy may have their semester grades lowered. The course is highly practical, requiring students to actively participate in negotiation exercises in groups designed by the Professor. Grade will be determined by class participation (high importance) and a final essay. There will be a take-home final exam, to be administered the following weekend - available via MyLaw. The class will be graded on a modified pass/fail basis (HP94, P, LP78, F70).
Credit 1 unit. Law: FV, RW
Typical periods offered: Fall
LAW 5644 Corporate Finance
This 1 unit short-course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has become blurred. Whether negotiating a merger agreement, acquisition or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating a securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side by side and lawyers with an appreciation of the basics of corporate finance are at a distinct advantage. In addition to the principles of finance, the course addresses the legal norms and economic constraints that affect a corporation's choice of capital structure. Topics include: the time value of money; the relation between risk and return; the workings and efficiency of the capital markets; behavioral finance; valuing corporate securities; optimal capital structure and dividend policies; basic financial accounting; and how these principals are applied in the practical practice of law. Students are expected to thoroughly read the course materials prior to the start of the class. Use of laptop computers in class is prohibited. Class attendance is mandatory. There will be a take-home final exam. 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5645 Corporate Finance
This course will cover financial theory, paying particular attention to the capital structure of corporations. The initial part of the course will introduce finance theory. Concepts to be covered include: discounting, present value, portfolio theory and capital asset pricing, the efficient capital market hypothesis, and behavioral finance. Subsequent parts of the course will use the theoretical foundation to understand corporate capital structures and capitalization decisions and to suggest ways for effective corporate planning. Regular attendance and preparation are expected. Students who take this course are also eligible to take Corporate Finance Planning & Drafting. There will be an open-book final exam.
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 5646 Corporate Finance Planning & Drafting
Enrollment limit: 30. This 2 unit course will serve as an introduction to the principles and practices of corporate finance from the vantage point of a legal practitioner. As an introductory step, the course will focus on legal aspects of entity valuation, in both the sale-of-the-business and non-sale contexts. We will then explore from a legal standpoint all basic forms of debt and equity financing by business enterprises, exclusive of bank borrowing. Privately negotiated financings will be analyzed and contrasted to publicly issued debt and equity financings. Some attention will be paid to unique financing structures used by start-up enterprises, including venture capital financing, as well as the financial tools typically used in corporate restructurings, such as leveraged buyouts and private equity takeovers. Except in this tangential sense, however, the course will not deal with merger and acquisition practice. Finally, we will briefly review the legal and regulatory structure of the U.S. capital markets, including the stock exchanges. Course work will emphasize the practical over the theoretical, although basic financial theory (e.g., CAPM) will be reviewed and applied as appropriate. The course work will consist of three drafting assignments, a student oral presentation, and mandatory class participation. The drafting assignments, each requiring student analysis of specific corporate finance issues confronting a hypothetical business enterprise, will constitute the largest component of the overall grade (e.g., 70%). Class participation, including the oral presentation, will represent the remaining element of the overall class grade (e.g., 30%). The oral presentation will be on a topic of the student's choosing, subject to instructor approval. Regular attendance in the class will be required. Pre/Co-requisite: Corporations (or corporate finance experience).
Credit 2 units. Law: LCU, RW
LAW 5647 Corporate Governance & Control
Enrollment limit: 50. Drop Deadline: Sunday, Jan 21, 2018, 9:00 pm. Pre-requisite: Corporations. This 1 unit weekend course will meet on ____________________. Students are expected to thoroughly read the course materials prior to the start of the class. This course is about principles of corporate governance and control under Delaware law. It examines the rights of shareholders (majority and minority) and the statutory and common law fiduciary duties of directors. These matters are studied in the context of class actions, derivative suits, appraisal proceedings, elections, mergers and acquisitions. Use of laptop computers in class is prohibited. Class attendance is mandatory. A take-home written examination the following weekend will be administered via MyLaw. 1 unit
Credit 1 unit. Law: RW
LAW 5648 Corporate Governance
This course involves an in-depth study of some of the principal issues involved in creating an appropriate governance system for the modern publicly-held corporation. It focuses on questions of corporate structure, the role of fiduciary duties, and transfers of corporate control and examines these questions from legal, economic, and societal perspectives. Students who have not taken the basic Corporations course may enroll, but they will be at a marked disadvantage to those student who have. Taking the basic Corporations course concurrently with this course will reduce the disadvantage.
Credit 3 units.
LAW 5649 Corporate Reorganizations - Taxation
(Meets for last 5 1/2 weeks of semester.)* This course involves an intensive study of the statutory, regulatory and case material governing the federal income taxation of corporate reorganizations. It is an advanced course in corporate taxation, and will be taught as an optional continuation of the basic 3 credit Corporate Taxation course (listed above). Topics covered will include wholly or partially tax-free mergers and acquisitions (statutory mergers, stock-for-stock exchanges, stock-for-asset exchanges, and triangular reorganizations), divisive reorganizations (spin-offs and related transactions) as well as one-party reorganizations (recapitalizations and bankruptcy reorganizations). The focus will be on the often intricate statutory and judicially-created conditions for nonrecognition treatment (i.e., tax deferral) at both the corporate (assset appreciation) and shareholder (stock appreciation) levels, and the tax consequences for all parties to the transaction (substituted basis, treatment of taxable consideration, carryover of corporate tax attributes). Because this is an advanced course, it will be assumed that all students have previously taken Corporate Taxation (either in spring 2000 or previously) or its equivalent. The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a timed final examination. Additional course information will be posed on the web at http://ls.wustl.edu/wiedenbp/ *Note well: As indicated above, this 2 credit course will be taught as an optional continuation of the basic 3 credit Corporate Taxation course. To accommodate that continuation, in Spring 2000 the Corporate Taxation course will meet 5 times per week for 42 class sessions (about the first 8 1/2 weeks fo the semester), after which this course, Corporate Reorganizations - Taxation, will begin meeting in the same class periods (5 times each week) for 28 sessions (about the last 5 1/2 weeks of classes). Students enrolled in Corporate Reorganizations who are not taking Corporate Taxation in Spring 2000 will be notified of the exact starting date of this course a week or two in advance of the first class meeting, and will be invited to attend the last few sessions of Corporate Taxation for review. The final examination will be administered during the normal law school examination period.
Credit 2 units.
LAW 5650 Corporate Taxation
This course involves an intensive study of the statutory, regulatory and case material governing corporate taxation. Topics covered include the tax consequences of: corporate organization, corporate capital structures, distributions to shareholders, redemptions of stock, corporate liquidations, and taxable and tax-free dispositions of a corporate business (both stock sales and asset sales). The course will focus primarily on problem sets, with discussion of statutory, regulatory, and case materials incorporated into class discussion as appropriate in response to particular problems. Although Federal Income Taxation is not a formal prerequisite for this course, it is not recommended for students who have not previously taken Federal Income Taxation, unless the student has substantial federal income tax experience. Students who have not taken the introductory tax course are advised to speak with the professor before enrolling. Attendance and participation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on an in class timed final examination. 3 units.
Credit 3 units. Law: NSM, RW
Typical periods offered: Spring
LAW 5651 Corporate Taxation
This course involves an intensive study of the statutory, regulatory and case law material governing corporate taxation. Topics covered include the tax consequences of corporate organization and capitalization, distributions to shareholders, redemptions of stock, corporate liquidations and taxable dispositions of a corporate business (both stock sales and asset sales). Basic principles governing tax-free corporate acquisitions and divisions will be introduced as time permits. The classical corporate tax regime will be compared with the tax treatment of sole proprietorships, partnerships, and small business corporations (S corporations), and important issues in business tax policy will be examined. Students will work extensively with Subchapter C of the Internal Revenue Code and regulations thereunder. The course will be taught from a casebook and statutory pamphlet, predominately by the problem method. In addition to in-person class sessions there may be a few asynchronous presentations, consisting or prerecorded lectures introducing or summarizing important concepts. Federal Income Taxation is not a formal prerequisite for this course, but students who have not taken the introductory tax course are strongly advised to speak with the professor before the semester begins. International students pursuing an LLM degree should not take this course until they have successfully completed at least seven credits of substantive law coursework from a U.S. law school. Attendance and participation are required, and sanctions will be imposed in cases of serious noncompliance. The course grade will be based on an in-school timed three-hour final examination, with adjustment for attendance and participation in exceptional cases. The format of the exam will be Closed Software and Open Book. Closed software means that students will not have access to the internet or files on their computers. Open book means that during the exam students will be permitted to consult the casebook, statutory supplement, outline, notes, or other print sources. 3 units.
Credit 3 units. Law: NSM, RW
Typical periods offered: Fall, Spring
LAW 5652 Death Penalty Litigation
Enrollment limit: 16. This 2 unit course covers the law, litigation theories, trial and appellate practice and impact of the death penalty in the United States. It begins with a brief historical view of the death penalty and goes through the law regarding the trial, habeas and post-conviction remedies, then finishes up with a brief overview of the international perspective of the death penalty. The class focuses on the rights of the accused through the legal system in a death penalty case looking at how the criminal court system implements abstract theory in the real world of capital litigation. The course requirements will include class discussion of the materials, a paper and a number of student led classes. Each student will work together in groups of two or three students in leading a class during the semester. The goal of student led classes is for the student leaders to read all of the materials, including assigned and recommended readings, especially carefully, to create questions based on review and analysis of the material designed to inspire class discussion on all of the issues presented in the materials and topic for the week, to lead the class discussion and to provide their own commentary on the questions and issues. Grades will be based primarily on the paper (approximately 80%) with class participation and the student led class discussions contributing to the remainder of the grade. 2 units.
Credit 2 units. Law: RW
Typical periods offered: Spring
LAW 5653 Disability Law
The Americans with Disabilities Act was passed in 1990 as a key civil rights law to help persons with disabilities obtain access to employment, government facilities and programs at all levels, transportation and most public accommodations. The ADA was amended in 2008 to overrule several Supreme Court decisions that had restricted the Act's definition of disability. Through analysis of case law, topical articles and guest appearances his course will examine the ADA, as well as other legal protections for people with disabilities, and explore how our disability laws have succeeded or failed to fulfill their promise. The course will also address growing international developments in disability law and policy.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5654 Disability Law
This course explores the rapidly evolving law of disability discrimination. It briefly covers the history of the disability rights movement and the major legislation it produced-the Americans with Disabilities Act (ADA), passed in 1990 and amended in 2008. The course then turns to an in-depth exploration of the meaning of disability, with a specific focus on the ADA's definition of disability. The bulk of this one-credit course focuses on the most litigated provisions of the ADA-Title I, covering disability discrimination in employment. The course also includes a brief introduction to the other major Titles of the ADA-Title II dealing with discrimination by governmental entities, and Title III, addressing discrimination in places of public accommodation. This one-credit course is graded primarily on the basis of a final paper due the last day of classes.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5655 Domestic Violence and the Law
Enrollment limit: 20 (preferably 10 Law students + 10 Social Work students). This two-credit interdisciplinary course will focus on the intersection of law and social work in relation to domestic violence and the law, with particular focus on Missouri. The course is designed for law students who may practice in this substantive area when they graduate/pass the Bar exam, social work students who may practice in this area as court advocates or directors of domestic violence agencies, and law students and social workers who may be doing public policy work in this area. This course will start with an overview of the nature & dynamics of domestic violence, and include subjects such as power & control, types of abuse, dangers when leaving, necessity for safety planning, and multiple oppressions. Thereafter, the course will lay the groundwork for an analysis of the law with an historical perspective by covering the state of the law prior to the passage of specialized criminal and civil laws, the necessity for these laws, and directed study of the laws that were passed and why. One area of concentration in this analysis will be how the law can be used to change social conditions and policy/practices of systems. In this analysis, we will cover Missouri's Adult Abuse Law (including Consents), Missouri's Criminal Law and Self-Defense and Post-Conviction Remedies, Full Faith and Credit, the Federal Violence Against Women Act and the Lautenberg Amendment related to firearms, and other selected topics. The course will also examine improvements made in conditions for domestic violence victims/survivors and system response as result of passage of the laws, and the unintended consequences that have resulted (e.g. mandatory arrest sometimes means arrest of victims/survivors, and may disempower or endanger victims/survivors). In relation to the unintended consequences, we will explore an emerging movement in responding to Domestic Violence that embraces an anti-essentialist victim perspective and an individualized response based on each victim's situation and needs. We will also cover the emergence of Domestic Violence Courts and emerging restorative justice responses to domestic violence. Areas where lawyers and social workers intersect will be covered, including: unauthorized practice of law, supervision by social worker of attorney, confidentiality, and domestic violence advocates as expert witnesses. Students will spend six hours in an observational/reflective practice immersion experience. This course is cross-listed with S65-5037, in the School of Social Work. 2 units.
Credit 2 units. Law: RW
LAW 5656 Education Equality, Equity and Fairness
This three-unit course will be taught by Professor Norwood and Attorney Jeffrey St. Omer, Partner at Mickes O'Toole, LLC, and attorney for the St. Louis Public School District. The course will explore equality, equity, and reform issues relevant to the study of whether children in K-12 public schools in America are receiving an adequate education. Key areas of coverage will include studies and discussions around: poverty, race, the rights on undocumented students to an education; the rights of English language learners, sex and gender-related issues, the rights of students with disabilities and more. We will also discuss the short and long-term effects COVID-19 is having on various student populations; we will discuss school curricula issues, including the book banning movement, and we will spend time on discipline and student rights. We will close with a look at various school choice movements throughout the country. The course will meet twice a week. Laptops are permitted. Attendance is required. Class participation is encouraged and can be used to either increase or decrease the final grade. The final examination will primarily be based on a 25-30-page research paper (with footnotes and following the Uniform System of Citations), subject matter of your choice after clearance by the professors, on a topic dealing in one or more of the areas of K-12 education and equality, equity or reform matters as discussed in class. A list of topics to choose from will also be provided.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5657 Education Law
Credit 2 units.
LAW 5658 Election Law
This 2 unit course will examine constitutional, legislative, administrative, and judicial requirements that structure the political process. It will also explore the political theories that underlie these doctrinal principles. Topics to be considered will include such matters as campaign finance and disclosure rules, prohibitions of political corruption, redistricting, ballot propositions, and election administration. Regular attendance and preparation will be expected, and sanctions may be imposed on egregious offenders. The course grade will be based on a timed exam.
Credit 2 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5659 Empirical Legal Studies
Lawyers constantly evaluate and make legal arguments based on facts about the world. In litigation, for example, lawyers often must engage and depose expert witnesses who are hired to conduct empirical analyses to establish facts that serve as the basis for the case. Often, however, facts are not universally accepted. Facts usually stem from empirical analysis, and the debate over the facts is usually about the debate over the analysis itself. Empirical analysis can be difficult to understand, but a lot of today's empirical analyses use only a handful of methods. In this course, you will learn about these methods, how they are applied in litigation, and the main legal questions that they have been applied to address. The goal of this course is not to become a producer of empirical analyses, and students will not attempt to conduct any empirical analysis. There will be no coding in the course. Rather, the goal of the course is to become a better consumer of empirical analyses and evidence. Class time will be devoted to understanding the intuition of empirical methods and how they should be applied. There will be no math in class, and the work-in-progress book written by the professor has no math in it. With better intuition about the common empirical methods and how they should be applied, students will be able to better engage with expert witnesses hired to conduct empirical analysis in litigation and to ask the right questions if presented with arguments based on empirical research. Grades are based on class participation (10 percent) and a final exam (90 percent). The final exam will consist of short hypothetical fact patterns containing empirical methods and empirical evidence based on topics covered in the class. For each fact pattern, the exam will set out hypothetical claims made based on the methods and evidence, and students will write short answers discussing problems with the claims or why the claims made are correct. Prior to the final exam, students will receive sample exam questions, which will be discussed in class.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5660 Employee Benefits: ERISA & Tax
This course explores the treatment of employer-sponsored fringe benefits-including retirement savings arrangements, health care benefits, life and disability insurance programs-under both federal labor law and the federal income tax. The structure, scope, and objectives of labor law regulation of employee benefit plans, both pension and welfare, under the Employee Retirement Income Security Act of 1974 (ERISA) will be studied in depth. The tax treatment of contributions to, earnings of, and distributions from qualified (i.e., tax-subsidized) and non-qualified deferred compensation arrangements will be compared. The rules governing the terms and operation of qualified deferred compensation plans, such as 401(k) plans, will be examined, including workforce coverage, allocation of contributions and benefits, funding, fiduciary responsibility, vesting, and the timing, forms, and taxation of distributions. In addition to fiduciary oversight, ERISA's disclosure regime and civil enforcement mechanism will be introduced. Students will work extensively with ERISA, related provisions of the Internal Revenue Code, and corresponding regulations. Federal Income Taxation is not a prerequisite for this course; students who have not taken Federal Income Taxation would not face a disadvantage. Attendance and preparation are required and sanctions will be imposed in cases of serious noncompliance. The course grade will be based predominately on an in-school open-book final examination that will be either three or four hours long (to be determined). The exam will largely consist of essay questions, but it might include a short-answer question component as well. 3 units.
Credit 3 units. Law: NSM, RW
LAW 5661 Employment Discrimination
This course will offer a general introduction to the theory and practice of antidiscrimination law through an examination of the federal statutory provisions that address discrimination in employment. The course will focus primarily on enforcement and interpretation of Title VII of the Civil Rights Act of 1964, and will also include coverage of the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Civil Rights Act of 1991. Consideration will be given to questions of law and policy, as well as to questions of enforcement and proof. Attendance and preparation are required. Grades will be based on performance on a timed final exam. Credit will also be awarded for consistent, meritorious class participation.
Credit 3 units.
LAW 5662 Employment Discrimination
This course will address employment discrimination based on national origin, race, sex, sexual preference, pregnancy, age, and physical disability from the litigation and legislative perspectives. The course will focus on federal employment discrimination statutes, including the Equal Pay Act of 1963, Title VII of the 1964 Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and 42 U.S.C. sec 1981. There will be considerable discussion and analysis of recent U.S. Supreme Court employment discrimination cases. Students will be encouraged to participate in class discussions. Specific topics will include hiring, promotion, and termination policies, bona fide occupation qualifications, seniority systems, affirmative action, comparable worth, pregnancy, stereotyping, and harassment. Exam and attendance policy will be discussed in the first class.
Credit 3 units.
LAW 5663 Employment Discrimination
This class will explore the law prohibiting discrimination in the workplace, with particular emphasis on discrimination on the basis of race and sex. Readings will include statutory and case law, and secondary materials on the law of employment discrimination. The class will consider the nature of discrimination, as well as critical assessments of the law's attempt to respond. Topics will include the doctrinal frameworks established for proving discrimination, and specific situations that may or may not fit into those frameworks, including sexual orientation and gender identity, pregnancy and family responsibilities, harassment, religious accommodation, and reasonable accommodation of individuals with disabilities. Attendance and preparation are required. Grades will be based primarily on performance on a timed final examination, which will likely include a mix of multiple choice, short answer and essay questions. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5664 Employment Discrimination
This course will examine the law governing employment discrimination and will focus on federal employment discrimination statutes, especially Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Primary attention will be paid to issues of race, sex, national origin, age, and disability. The course will consider the goals of employment discrimination law, the basic legal frameworks for proving discrimination, as well as specific situations that may or may not fit into those frameworks including stereotyping and harassment, discrimination based on gender identity and sexual orientation, pregnancy in the workplace, and reasonable accommodation of individuals with disabilities. Attendance and preparation are required. Grades will be based on a timed final exam, and may be affected by class participation and attendance.
Credit 3 units. Law: RW
LAW 5665 Energy Law and Regulation
Climate change is having a profound influence on how we generate and use energy-related resources. This course examines the complex dynamic between policy issues presented by efforts to address the effect of greenhouse gas emissions and the legal institutions and rules governing our electric energy systems. The course is designed to furnish students with an introduction to the field of energy law and regulation. We will explore what is energy law? What laws govern the development and distribution of fossil and renewable fuel resources? We will explore the historical evolution and policies animating the passage of the Federal Power Act, the Natural Gas Act, and the statutes and programs promoting renewable resources. As conversations throughout our society now focus on how best to achieve a carbon-free energy system-whether by 2035, 2040, or 2050, this course, consequently, explores the intricacies behind how our energy programs and policies will either inhibit or facilitate the push toward a carbon-free energy system.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5666 Entrepreneur Consulting Team: Celect
The CELect program is a consultative experiential course that provides students the opportunity to work directly with start-up businesses. Early stage companies provide a unique environment for students to make a meaningful impact on the future trajectory of a growing organization. CELect is an experiential learning course that matches teams of Washington University students with start-up ventures across various locations (locations specified by sections) to perform defined management consulting projects. In addition to the required orientation session(s) and concluding sessions, students will work directly with the professor and with their client company on a consistent, but variable, schedule depending on the needs over the course of the shortened semester. Please Note: There is a required orientation and/or travel (depending on section) session that will be held prior to the start of the semester. The class time listed is required to be available each week. Prerequisite: APPLICATION REQUIRED for acceptance consideration: Click on the link below. Application must be completed by November 19th; http://olinbusiness.ut1.qualtrics.com/jfe/form/SV_9mDx0SxCS8MAoGG Enrollment is limited. All students should also add their name to the waitlist in WebSTAC (Law School course: W74 675C). Please direct questions to Amy Soell, CEL Program Manager (amysoell@wustl.edu). Law Students: Prerequisite/co-requisite: Corporations. As a law student enrolled in CELect, you may not give legal advice to anyone unless you are directly supervised by a licensed attorney who approves of the advice in advance. Additionally, you may not prepare any legal documents except under the direct supervision of a licensed attorney. Giving advice, preparing legal documents, or rendering any legal services would be the unauthorized practice of law unless such services are under the direction and with approval of a licensed attorney. This course is cross-listed with the Business School, B63 MGT 501C. Grading for Law Students is modified pass/fail: HP (3.94), P, LP (2.98), F (2.50). Dropping this course may have an adverse impact your ability to register for other CEL courses in the future.
Credit 3 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 5667 Environmental Law
Since its creation in the 1970s, modern environmental law has established a complex regulatory structure to reduce pollution and protect public health and the environment. Today, environmental law is in the crosshairs of efforts to reshape government regulation. This course will provide an overview of the key federal environmental laws, including the Clean Water Act, the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (a/k/a Superfund). It will also explore efforts to use these laws to address the complex challenges of climate change, as well as efforts to blunt their effectiveness. Regular attendance and preparation are expected. Grading will be based on a final exam, and on in-class presentations throughout the semester. [BCCCR Requirement: this course contains 2 hours of BCCCR instruction.]
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5668 ERISA & Employee Benefits
This course is an in-depth study of the labor law regulation of employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA). A substantial portion of the course will be devoted to the study of health and welfare benefit plans, including analysis of judicial decisions interpreting and applying ERISA's disclosure, fiduciary responsibility, enforcement and preemption provisions. The treatment of executive deferred compensation arrangements under the tax law and EIRSA will be examined. As time permits, ERISA's major pension plan content requirements (such as the rules governing plan participation, vesting, and spousal rights) will also be introduced. The course will be taught from a casebook and statutory pamphlet. Students will work extensively with ERISA and related provisions of the Internal Revenue Code. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a final examination, which is likely to be a 24-hour take-home exam. Federal Income Taxation is not a prerequisite for this course, students who have not taken Federal Income Taxation should not be significantly disadvantaged. Additional course information is available on the web at - http://ls.wustl.edu/~wiedenbp/ *Note well: Students who have previously taken Pensions & Tax-Favored Savings are allowed to take this course, but because there is some overlap in the subject matter, those students (i.e., students who received credit for the Pensions course) will be awarded only 2 hours of additional academic credit for this course.
Credit 3 units.
LAW 5669 ERISA Fiduciary Law
[This 1 unit Intersession course will provide a substantive overview of ERISA fiduciary law that governs qualified retirement and welfare benefit plans. The sources of fiduciary law such as the ERISA statute, regulations, and Department of Labor guidance will be explained. Emphasis will be placed on the proper identification of fiduciaries, the fiduciary duties of prudence and loyalty, prohibited transactions and major exemptions, personal liability under the law, and the recent regulations regarding disclosure of fees and expenses. Special focus will be given to recent Supreme Court and Circuit Court cases that have significantly changed the ERISA fiduciary landscape. Finally, a brief overview will be provided of typical ERISA litigation that a student is likely to see in their future practices. The course will be relevant for any student interested in employee benefits, employment law, labor law, business law, or securities law as they will leave the course with the proper understanding of how to advise clients in avoiding the major compliance pitfalls of being an ERISA fiduciary. Class attendance is mandatory. Students are expected to thoroughly read any course materials and be well prepared prior to the start of the class. All reading materials will be provided prior to class on Blackboard and nothing will need to be purchased.
Credit 1 unit. Law: NSM, RW
Typical periods offered: Spring
LAW 5670 Estate and Gift Taxation
This course is a study of the federal wealth transfer tax system, including the estate tax, the gift tax, and (to a lesser extent) the generation-skipping transfer tax. The relationship between these three donative transfer taxes, and between the transfer taxes and the federal income tax, will be emphasized. The policy underpinnings of wealth transfer taxation, and the reasons for the recent erosion in its political support, will be explored. Fundamental principles and some common techniques of estate planning will be introduced. Students will work extensively with Subtitle B of the Internal Revenue Code and the regulations thereunder. The course will be taught from a casebook and a statutory pamphlet, predominately by the case method. Neither Trusts & Estates nor Federal Income Taxation is a prerequisite for this course, but while those courses are not essential, both provide helpful background information. Attendance and participation are required and sanctions will be imposed in cases of serious noncompliance. The course grade will be based predominately on a three-hour in-school open-book final examination which will consist predominately of essay questions, but there may be a short-answer question component as well. 3 units.
Credit 3 units. Law: NSM, RW
LAW 5671 European Legal History
This 2 unit course attempts to give students an appreciation for the basic themes and most important events in European legal history (excluding England). It begins with the Roman law compiled under the Emperor Justinian and moves forward to the nineteenth century. Among the subjects covered are Germanic law; the rise of legal science beginning in the twelfth century, the nature of the ius commune, legal humanism, the reception of Roman law, the Natural Law school, and the Codification movement. Students are asked to read an article relating to one of these subjects each week and to share it with the class. There will be a final exam.
Credit 2 units.
LAW 5672 Federal Courts
Federal Courts is one of the capstone courses in a law school's curriculum. It is not merely a course about the use of the federal courts. Rather, it is a course that deals with fundamental issues of governance in a federal system where power is limited by co-equal branches of the government. These fundamental issues will be examined in the context of the relationship between the federal courts and both Congress and the President and the relationship between federal and state courts. We will study a variety of specific legal doctrines relating to the federal courts, such as congressional control over federal court jurisdiction; the federal courts' control over their own dockets through such doctrines as standing, ripeness, mootness and political question; limitations on district court jurisdiction for federalism purposes, such as the Anti-Injunction Act and the abstention doctrines; federal issues in state court; the eleventh amendment and sovereign immunity; and habeas corpus. The textbook, Hart and Wechsler's The Federal Courts and the Federal System, which is on reserve in the law library, is the classic book for this course. The reading assignments will average about 20-25 pages per class. Attendance and preparation are required. The grade will be based on a three-hour closed-book essay exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5673 Federal Courts
This course considers the scope and nature of federal jurisdiction in the United States. We will consider the proper Constitutional role of the federal courts - a topic about which there is tremendous disagreement - in the context of the relationships among the federal courts, Congress, the President, and the state courts. We delve into the nuance and complexity that surround this disagreement, focusing on issues of federalism, separation of powers, and enforcement of federal rights. We examine specific doctrines including but not limited to standing and justiciability, sovereign immunity, abstention, the Supreme Court's power to review state court rulings, and federal civil rights law. The grade will be based on a four hour exam, as well as attendance and preparation.
Credit 4 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5674 Corporate Compliance & Regulatory Enforcement
How do companies translate their legal obligations into rules for their employees? How do they ensure that they follow both the letter and spirit of the laws? What can lawmakers and regulators do to encourage companies to stay on the right path? These are the core questions of corporate compliance and the focus of this class. This class will provide students with a framework for thinking about compliance and regulatory enforcement, one that is useful for almost any eventual area of practice. In particular, the course will cover how Department of Justice and the Securities and Exchange Commission evaluate companies' compliance programs, study specific compliance scandals to show how companies (and also regulators) go astray of their legal obligations, and analyze a selection of substantive laws for the kinds of loopholes and unintended consequences that complicate compliance efforts. In addition to reading from a casebook, this class will rely on case studies of recent compliance failures and in-class exercises to illustrate the legal and ethical problems that face today's corporations. Grades will be based on class participation, several short assignments and in-class exercises, and a final exam. Electronic devices will not be permitted.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5675 Advanced Legal Research: Analytics
This course helps law students acquire technology competence and data literacy in the context of social science, quantitative, and empirical research. Ever since the advent of the Brandeis brief, social science, quantitative, and empirical research have been marshalled for effective judicial advocacy. This course surveys and contextualizes past uses of such research and equips students with the ability to locate the same for improved advocacy. Students will become familiar with a wide range of tools, datasets, and techniques, and will be able to use them to marshal evidence for a particular litigation scenario. Additionally, students will learn an analytical framework to identify the insight-needs required for a particular advocacy application. Tools and concepts include: Bloomberg Analytics; Westlaw Analytics; Lex Machina (Lexis); Context (Lexis); network visualization tools; Microsoft Excel; statistical and regression analysis; gerrymandering analytics; census data; geographic information systems; expert witness analytics; empirical analysis of courts; genetic genealogy; and corpus linguistics.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5676 Regulatory Economics
The course examines the primary bases for regulating so as to enhance social welfare. Specifically, the course considers externalities, public goods, agency costs, market power, information asymmetry, and the cognitive and volitional limitations identified by behavioral economists. With respect to each basis for regulation, the course examines why inefficiency may arise, what policy tools may be used to address inefficiencies, and the potential unintended consequences of various policy interventions. Students need not have a background in economics. 3 units.
Credit 3 units.
LAW 5677 Contract Drafting
Enrollment limit: 15. This is a skills-intensive course that will teach the principles and techniques for drafting contemporary commercial contracts and will provide practical opportunities for students to learn and apply drafting skills with supervision and feedback by the instructor. The course will help you understand fundamental basics to effective drafting including the structure of agreements, how to translate a business deal into contract provisions, how to draft clearly and unambiguously, and how to negotiate contract terms effectively. Throughout the course, students will engage in a series of drafting exercises. While the course will address key concepts covered during first-year contracts, the primary emphasis is on developing skills that will allow you to convert these concepts into sophisticated commercial agreements. The course will meet seven times during the spring semester in two-hour sessions, the first two sessions will occur during intersession. Grades will be based on the drafting exercises and participation. Due to the small size of the course, and the ongoing feedback that will be provided on the exercises, grading will not be done anonymously. 1 credit.
Credit 1 unit. Law: FV, RW
Typical periods offered: Spring
LAW 5680 Federal Criminal Law
Federal criminal law historically played a relatively minor role in American law enforcement. But as technology began to facilitate rapid modes of transportation and communication, problems that had been primarily local concerns took on interstate dimensions. As these cultural changes occurred, Congress relied more heavily on the Commerce Clause to assert federal criminal jurisdiction over an endless array of social ills and to firmly establish crime control as a priority on the federal government's agenda. These developments raise a number of important issues. What are the implications of increased federal law enforcement? Does it pose any dangers to the federal justice system or to the traditional allocation of federal and state power? What are the consequences of jurisdictional overlap? This course will explore these and related questions through such topics as the role and scope of federal criminal laws, jurisdictional bases for federalizing crime, the war on drugs, and the use of criminal laws to protect civil rights. Regular class attendance and preparation are required.
Credit 2 units.
LAW 5681 Financial Accounting for Lawyers
Enrollment Limit: 30. [JD/MBA students are not eligible to take this course, as it is duplicative of the accounting course taken in the MBA program.]The course will introduce the students to the basic concepts and accounting methods underlying financial statements as well as providing the necessary training for the students to analyze and interpret financial statements. One class will be devoted to the basic principles of Finance. It is planned to have an attorney in private practice review the interaction corporate attorneys can expect to have with a client's external auditor. Upon completion of this course, Students will: - Understand the basic concepts of financial statements - Develop an understanding of financial terms and definitions - Apply financial concepts to the execution of legal duties Attendance and class participation will be required. Student grades will be based upon a final exam (80%) and class participation (20%).The final exam will be graded anonymously. 2 units.
Credit 2 units. Law: RW
Typical periods offered: Fall
LAW 5682 Financial Literacy and Basic Financial Concepts
Enrollment limit: 115. This is a 1 unit weekend course. Registration for Intensive Weekend Courses is via WebSTAC. This 1 unit weekend course is designed to introduce law students to basic finance and accounting principles, such as net present value, stock and bond valuation the concept of efficient capital markets; capital asset pricing; option value and pricing; capital structure; and an overview of the use of warrants and convertible debt. Emphasis will be placed on how financial and accounting concepts play out in the law. No prior knowledge of economics or finance is required. Attendance is mandatory and will be taken. [Students are eligible to take this course and Financial Accounting for Lawyers or Corporate Finance, as the overlap is minimal.] The grade will be based on a 1 hour multiple choice, closed book exam. The exam will be administered on the following Friday. 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Fall, Spring
LAW 5683 Financial Literary & Basic Financial Concepts
This 1 unit weekend course is designed to introduce law students to basic finance and accounting principles, such as net present value, stock and bond valuation the concept of efficient capital markets; capital asset pricing; option value and pricing; capital structure; and an overview of the use of warrants and convertible debt. Emphasis will be placed on how financial and accounting concepts play out in the law. No prior knowledge of economics or finance is required. Attendance is mandatory and will be taken. [Students are eligible to take this course and Financial Accounting for Lawyers or Corporate Finance, as the overlap is minimal.] The grade will be based on a 1 hour multiple choice, closed book exam. This course is graded on the mandatory mean curve.
Credit 1 unit. Law: RW
Typical periods offered: Fall, Spring
LAW 5684 Getting the Deal Done: M&a, Antitrust Risk Sharing, and Hsr
This course focuses on the intersection of antitrust or corporate law. The course is designed to introduce the basic concepts of M&A (mergers & acquisition) negotiations, with an emphasis on the antitrust principles that every corporate attorney should know. It's imperative that the deal formation team considers and accounts for antitrust risks because once the key terms of a deal are agreed upon and the deal is announced, antitrust enforcers can step in and derail a planned merger. We will discuss best practices for M&A negotiations, including questions that junior associates are likely to encounter regarding timing, financing, disclosures, antitrust provisions, information sharing, and gun jumping. This course will consider key antitrust concepts that will enable students to spot antitrust risks and account for them during negotiations. Students will also examine tactics to avoid antitrust issues from the start by instituting document creation guidelines, drafting clean team agreements, evaluating whether pre-merger notification is required under the Hart-Scott-Rodino Act (HSR), and drafting HSR compliant filings. Students will be graded based on a take-home exam that asks them to evaluate the relevant issues facing the parties in a hypothetical proposed merger.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5685 Health Care Competition
Survey of the major applications of antitrust law in health care markets, examining how competition policy interacts with health care costs and shapes business practices in the markets for medical services, medical products, and insurance.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5686 Health Law
In this course, students will be exposed to the legal and policy considerations that have shaped the relationships between providers (physicians and hospitals), payers (insurance companies and Medicare, Medicaid, etc.), and patients. Students will also learn how different areas of the law have developed when applied to the healthcare industry. Some specific topics covered will include regulation of the doctor-patient relationship, access to care, the financing of healthcare, and healthcare reform. Also, we will consider implications of The Patient Protection and Affordable Care Act and ongoing reform efforts for healthcare law and policy.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5687 Health Law
This survey course is designed to provide students with a general introduction to the law and policy of the delivery and financing of health care in the United States. The course will cover a wide range of topics, including but not limited to the physician-patient relationship, the structure and regulation of health insurance (both public and private), access to health care, public health, health care fraud and abuse, and others. This course provides important background not only for students intending to represent health care providers or payers, serve as health care regulators or policymakers, or advocate for individuals, but also for students seeking to learn more about the legal rules governing one-sixth of the United States economy.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5688 Higher Education Law
Through examination of applicable statutes, regulations, cases, and interpretive guidance from administrative agencies, this course will explore issues relating to governance of public and private higher education institutions, including academic freedom and responsibility, admissions, equal educational opportunity, collegiate athletics, and employment.1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5689 Immigration Law
This course is an introduction to the rules, policies, and justifications governing non-U.S. citizens entering, staying, and exiting the United States. The complex system of statutes, regulations, case law that make up immigration law, as well as the history behind them, tell a uniquely American story about our multi-cultural society, all within the context of the international community. This course provides a wide survey of immigration law and policy, which includes topics such as the constitutional basis for regulating immigration into the Unites States; citizenship and naturalization; legal immigration and procedures for obtaining visas; grounds for admission and removal, including inadmissibility and grounds for deportation; defenses to removal; the intersection of criminal, family, employment, and immigration law; and refugee and asylum law. In addition to legal analysis, the course will also use international relations, philosophical, and social methodologies to analyze immigration law and policy. There are no prerequisites or co-requisites for this course, although students will be expected to rely heavily on their knowledge of U.S. constitutional law. Laptop use in class will be permitted, for note-taking only, unless participation is inadequate. Grades will be based on a timed, open book final examination and class participation. [BCCCR Requirement: this class contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5690 Individual Rights & the Constitution
This course addresses judicial interpretation and enforcement of the Civil War Amendments, with special attention paid to the 14th Amendment. At the doctrinal level, topics will include substantive and procedural due process, equal protection, incorporation of the Bill of Rights and state action. In examining these bodies of law, we will discuss (among others) constitutional issues of race, gender, andequality, and implied fundamental rights of privacy, abortion, voting, and gay rights. Substantial class attention throughout these doctrinal areas will be spent on theoretical issues including the relationship between political ideology and constitutional interpretation, the potential and limits of judicial review, and the complex relationship between the constitutional values of liberty and equality. Attendance and participation are essential. Please note that laptop computers are not permitted in class. There will be a timed modified open-book final exam.
Credit 3 units.
LAW 5691 Insurance Law
This course covers basic concepts applicable to insurance generally, such as contract formation and meaning and insurance regulation, prior to exploring lines of first-party (fire and property, life, health, and disability) and third-party insurance (Commercial General Liability and automobile). An important component of this course is analyzing actual insurance policy language to understand common structural features.
Credit 1 unit. Law: RW
LAW 5692 International Business Transactions
This course provides students with a survey of the legal aspects of international business transactions (IBT). It introduces students to the legal context, mechanics, instruments, and strategies used in the global business environment. Students will learn what kinds of transactions lawyers representing private entities undertake in the international context, how to approach such transactions in practical ways, and how larger policy concerns and controversies affect the lawyer's responsibilities in the global business arena. The course starts by covering the basic tasks and legal toolkit of engaging in IBT, which involves understanding multinational companies, aspects of international law, and the challenges of transaction planning. Then, the course addresses specific types of transactions, including international sale of goods, agency and distribution agreements, licensing agreements, foreign direct investment, joint ventures, mergers and acquisitions, and transactions with sovereign governments. No prior exposure to corporations, securities regulation, international law, or international trade is required for this course. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5693 International Business Transactions
Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or performed without due consideration of implications that may arise in such an international environment. Accordingly, understanding of the legal aspects of private transactions carried out across national borders can be indispensable to the modern legal practice. This two unit course will provide a survey of such issues, including transnational sales, cross-border operations (including branch offices and subsidiaries), international business combinations (including mergers and joint ventures), and the role of international law (including treaties and international organizations such as the WTO and IMF). A series of problems will be used to explore the dynamics of planning, negotiating, creating and executing cross-border transactions. The course grade will be based on an in-classroom final examination, which will consist primarily of short essay questions, and class participation. The final will be open book. Although not required, it would be helpful to have taken or be taking International Law. 2 units.
Credit 2 units. Law: FV, NSM, RW
Typical periods offered: Fall
LAW 5694 International Business Transactions
Enrollment limit: 50. Drop Deadline, Sunday, Sept. 11, 9:00 pm. This 2 unit weekend course will meet on two weekends: Friday, __________, through Sunday, ________, 2016. Although not required, it would be helpful to have taken or be taking International Law. Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or performed without due consideration of implications that may arise in such an international environment. Accordingly, understanding of the legal aspects of private transactions carried out across national borders can be indispensable to the modern legal practice. This two unit course will provide a survey of such issues, including transnational sales, cross-border operations (including branch offices and subsidiaries), international business combinations (including mergers and joint ventures), and the role of international law (including treaties and international organizations such as the WTO and IMF). A series of problems will be used to explore the dynamics of planning, negotiating, creating and executing cross-border transactions. Class attendance is mandatory. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). A take-home written examination the following weekend will be administered via MyLaw. 2 units.
Credit 2 units. Law: RW
LAW 5695 International Business Transactions
This course provides an overview of the legal issues -- domestic, foreign, and international -- that arise when U.S. companies do business abroad. Transactions and problems discussed may include export sales, agency agreements, licensing, mergers and acquisitions, joint ventures, privatization agreements, project finance, and foreign government debt. The course also covers U.S., foreign, and international regulation in such areas as antitrust, intellectual property, trade, and foreign corrupt practices. 3 units.
Credit 3 units.
LAW 5696 International Environmental Law
This course provides students with a foundation in the use of public international law to achieve environmental protection. International environmental law has become one of the most complex, important, and controversial bodies of international law. To organize this topic in an accessible manner, the course, first, introduces students to international environmental law, which includes consideration of global environmental realities, the historical development of international law on environmental issues, and the international law tool kit used to address environmental problems. Second, the course identifies the four over-arching environmental problems that states use international law to address: (1) unsustainable exploitation of national environmental resources (e.g., deforestation); (2) transboundary pollution (e.g., long-range transboundary air pollution); (3) trade in environmentally harmful products (e.g., trade in hazardous wastes and chemicals); and (4) threats to global commons resources (e.g., climate change). Within each category, the course explores specific environmental challenges for which states have developed international law. This exploration involves not only analyzing the international legal rules but also understanding how science, economics, and politics affect adoption of international law and the effectiveness of that law.
Credit 3 units. Law: RW
LAW 5697 International Tax
A study of federal income taxation of international transactions. This course will explore both how the United States taxes income earned by U.S. citizens living overseas (outbound transactions) as well as how taxes are imiposed by the United States on income derived by foreign persons from U.S. sources (inbound transactions). It is important to take Federal Income Tax before taking this course.
Credit 2 units.
LAW 5698 International Taxation
Pre/co-requisite: Federal Income Tax (although Prof. Rosenzweig will entertain requests for a waiver of this requirement from students who believe that special circumstances warrant an exception for them). This course provides an introduction to the United States system of taxation of income earned outside the United States by US citizens and residents (including US corporations) and income earned within the United States by nonresident individuals and foreign corporations. The course will cover issues including jurisdiction to tax, sourcing of income and deductions, net income tax on operating a US trade or business, gross income tax on US non-business income, the foreign income exemption for US corporations, and double tax relief methods for US individuals. The course will also consider certain reforms currently under negotiation at the OECD such as a global minimum corporate tax and taxation of global digital businesses. The course grade will be based predominately on a three-hour in-school final examination, which will consist primarily of short essay questions. The final will be open book. Pre/co-requisite: Federal Income Tax (although Professor Rosenzweig will entertain requests for a waiver of this requirement from students who believe that special circumstances warrant an exception for them).
Credit 3 units. Law: NSM, RW
Typical periods offered: Fall, Spring
LAW 5699 Introduction to Chinese Law
This class will offer an introduction to the legal system of the People's Republic of China. Topics addressed will include the historical, philosophical, and ideological foundations of modern Chinese law; Chinese legal institutions and personnel; evolving administrative, civil, constitutional, criminal, and property law norms; and citizen efforts to use the legal system. No prior knowledge of Chinese history, law, or politics is required. Non-law graduate students and upper-level undergraduate students are welcome to take this class. Regular class attendance and participation is required. There will be a final exam.
Credit 3 units.
LAW 5700 Introduction to Corporate Finance
JD/MBA students are not eligible to take this course since there is substantial overlap with Financial Management (B62-5203), a required MBA course. Also, other JDs who have taken Financial Management are not eligible to take this course, and students who take this course are not eligible to take Financial Management. This 1 unit Intersession course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has become blurred. Whether negotiating a merger agreement, acquisition or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating a securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side by side and lawyers with an appreciation of the basics of corporate finance are at a distinct advantage. In addition to the principles of finance, the course addresses the legal norms and economic constraints that affect a corporation's choice of capital structure. Topics include: the time value of money; the relation between risk and return; the workings and efficiency of the capital markets; behavioral finance; valuing corporate securities; optimal capital structure and dividend policies; basic financial accounting; and how these principals are applied in the practical practice of law. Students are expected to thoroughly read the course materials prior to the start of the class. Use of laptop computers in class is prohibited. Class attendance is mandatory. There will be a 3 day take-home final exam. 1 unit.
Credit 1 unit. Law: RW
LAW 5701 Introduction to Energy Law
This 1 unit Intersession course will examine the energy industry and its legal practices, unique regulations and future. We will explore the history of energy law dating back to the discovery of oil in the United States, the property and contract laws that developed due the bifurcation of property interests, the types of energy production and the trend toward cleaner energy resources, import and export of energy, and the practice of energy law . Included are concepts as to the nature of a landowner's interest in oil and gas; the creation and duration of mineral leases; the oil and gas lease and rights and obligations created thereby; production payments and division orders; pooling and unitization; ethics; basic taxation; pollution liability; rights and duties between mineral and surface owners; protection of interests in oil and gas properties against trespassers and wrongful claimants; agreements among oil companies, including lease assignments, farmouts and joint operating agreements; and issues concerned with raising funds for oil and gas projects. Trending legal issues in traditional agreements, which were drafted in the context of vertical wells, in order to conform them to horizontal drilling and fracking operations. Environmental issues including those raised by fracking, fossil fuels and the struggles of implementation of clean energy in the United States. Various regulations of drilling and production will also be covered. Students are expected to thoroughly read any course materials and be well prepared prior to the start of the class. Class attendance is mandatory.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5702 Introduction to Law Firm Practice
This 1 unit course meets during the January Intersession. Most law school graduates enter private practice. This course attempts to prepare them for some of the daily challenges they will encounter in a law firm setting by teaching how law firms are structured, how they generate revenue and compensate lawyers, and how they develop business. It will also discuss issues such as what law firms value, how lawyers bill time, and how to deal with co-workers and clients. Teaching methods will include group discussions, role play and other creative techniques. Grading will be based primarily upon a reflective journal, as well as upon class participation. Grading will not be anonymous. 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5703 Introduction to U.S. And Comparative ADR Processes
This survey course will introduce students to the fundamentals of alternative dispute resolution theory and practice. The course will analyze and compare a range of dispute resolution processes (such as litigation, negotiation, mediation, arbitration, dialogue facilitation, victim-offender dialogues, circles, ombudspersons, public dispute systems, on-line dispute resolution, mini-trials, and other mixed processes) and applications to specific types of problems and disputes (such as consumer, criminal, labor and employment, family and youth, restorative justice, environmental, public disputes, multi-party, cross cultural and international). The course will explore critical issues in the ways that societies and organizations structure their dispute resolutions systems and choose among available processes. The course will include attention to comparative dispute resolution systems, and examine the extent to which factors such as history, tradition, culture, economics, politics, institutional developments, and legal norms influence the design and selection of systems for handling different kinds of disputes, both in the U.S. and in other countries. The course will include readings, discussion, videos and demonstrations to provide students with an enhanced understanding of differences in dispute resolution processes. Examples of model rules, state and federal statutes and court rules and dispute resolution program rules and guidelines will be reviewed. There are no prerequisites for this course. Take-home exam paper, class attendance and class participation.
Credit 3 units. Law: FV, RW
Typical periods offered: Fall, Spring
LAW 5704 Investment Banking and Private Equity
Prerequisite: Corporations Law. (Securities Regulation is recommended but not required). The financial services industry in the United States has transformed since the financial crisis of 2007-09. This transformation has been marked by the demise of the major investment banks and the related rise of a set of powerful players known as private equity firms. This course will consider these developments, examining the history, structure, and regulation of investment banks and private equity firms and the industries in which they operate. Students will be introduced to ongoing debates in which investment banks and private equity firms feature, including those concerning investor protection, capital formation, corporate governance, and financial stability. The course will also examine these firms' roles in core corporate and securities transactions, including initial public offerings (and IPO-equivalent transactions), mergers and acquisitions, and going-private transactions. Attention will also be paid to evaluating proposals for regulatory reform. Grades will be based on a final exam plus participation and attendance.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5705 Jurisprudence
An introductory course for law students on the main currents of thought in jurisprudence, legal philosophy, and philosophy of legal science. The course explores themes such as law versus morality, natural law versus positivism, legal realism versus formalism, law as an autonomous science, legal science as a science, and includes an introduction to the work of Aristotle, St. Thomas Aquinas, Hobbes, Locke, Kant, Hume, Bentham, von Jhering, Kelsen, Popper, Llewellyn, Hart, Kuhn, Lakatos, Fuller, Rawls, Dworkin, Nozick, Posner, Kaplow & Shavell. Throughout the course, emphasis is put on the applicability to recent political and legal discussions. Classroom instruction is by lecture and discussion. The grade will be based either on a 24 hour take-home essay examination, or (if the student prefers) on a 15 pages long paper.
Credit 3 units. Law: RW
LAW 5706 Jurisprudence
An introductory course for law students on the main currents of thought in jurisprudence and legal philosophy. Jurisprudence, both in the tradition and today, reflects two general outlooks--law as institutionalized power, and law as a species (or application) of morality. As you can imagine, lawyers with a penchant for theoretical questions have worked up a great number of variations on these two themes. Can one reach some kind of conclusion on the question of the nature of law? Drawing for the most part on the work of recent writers, we shall discuss concepts and arguments clustered around the two views--fiat vs. reason, power vs. morality, convention vs. goodness. Classroom instruction is by lecture and discussion. And, for what it's worth, the instructor is in love with the field and does his best to keep things lively and interesting. Nothing is presupposed. The best background is curiosity about these questions. The examination is of the traditional, scheduled variety, but with study questions (from which the actual exam questions are taken) distributed in advance.
Credit 3 units. Law: RW
LAW 5707 Land Use Law
The purpose of this course is to train lawyers for the practice of land use law. We begin by reviewing the land use planning process and what it means, and then consider takings law that sets limits on land use regulation. Zoning is next, including the decision making process for zoning, and we then consider a series of special topics including land subdivision, growth management, urban design and historic preservation. The emphasis throughout is on how the system works and on how to provide effective regulatory programs. There is a web site for the course, which is accessed in class, and which provides supplemental statutory, case and other materials. Class participation and attendance are required subject to excuse. One unexcused absence is permitted. Laptops are encouraged in class. There is an eight-hour, take-home, open book examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5708 Latin American Legal and Judicial Systems
Drop Deadline, Sunday, Jan. 21, 9:00 pm. This course will meet Friday, March 30 through Sunday, April 1. This course provides an overview of Latin American legal and judicial systems, training students to become globally oriented attorneys, prepared to represent clients and join international firms interacting with Latin American countries, and particularly accomplishing the following objectives: 1. Understand the Civil legal system based on codifications. 2. Gain a basic understanding of the constitutional structures of Latin American countries. 3. Learn and practice application of codes to cases. 4. Analyze court systems lacking Stare Decisis. 5. Understand the sources of law in Latin American growing economies. 6. Prepare themselves to master contract negotiation, drafting, and interpretation with Latin American parties involved. 7. Be able to comprehend litigation strategies suggested by local attorneys when directing or dealing with local Latin American attorneys or clients. 8. Train students to make legal decisions regarding transnational transactions, with enough arguments and information to seek for the best strategies, including but not limited to applicable law and jurisdiction. 9. Develop ability to interpret statutory provisions, recognizing legal hierarchy in Latin American countries. Attendance and Class Participation: Students are expected to be prepared for class. Readings will be assigned with enough anticipation. Computer and Phone Use: Laptop computers are permitted in class strictly for academic purposes related to the course. You may not use your phones during our class for any reason. Students who violate the computer or phone use policy may have their semester grades lowered. Exam and Course Grade: Grade will be determined by class participation and a final essay. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5709 Law & Social Work
Enrollment limit: 24. [This course is part of the ethics curriculum.] This is considered the core course for the law and social work joint degree candidates; it is a crosslisted course. JD/MSW students will be given preference in selection for the class*. Lawyers and social workers together possess the finest combination of skills for creative problem solving. There are barriers to using these skills collaboratively, however. These barriers include cultural ignorance and misunderstandings between the disciplines and lack of explicit training in communication and collaboration skills that may enhance understanding of social problems that require social work and legal skills. This course will attempt to highlight the differences and similarities between the disciplines and offer the students simulated opportunities to work together. Such work should help the students gain insight into these paradigmatic challenges and develop strategies for making the best use of appropriate skills. The first five weeks of the course will focus on exploring the language, knowledge and skills inherent in legal and social work training. The classes will also examine the professed goals, and professional ethics of the law and of social work. We will discuss the ways in which each discipline approaches, relationships with their clients and how each profession is regulated. The final part of the course will provide the students with simulated exercises dealing with common problems encountered by both social workers and lawyers. The students will be assigned to act as a lawyer or a social worker in each of the problems. In preparation for each class, we will give them legal or social work material relevant to the problem (depending on their role.) We will look at ways in which the two paradigms of law and social work overlapped and ways in which they diverged, with particular attention to the areas covered in the first part of the class. Our goal is to maximize problem solving approaches for both law and social work students. Students will participate in a service learning project in the St. Louis area. These projects will offer opportunities to explore the intersection of law and social work at a practical level and to prepare a collaborative project of use to their community. Students will be graded on the simulations and a final project based on their service learning experience. *Interested JD/MSW students who wish to have priority must email Colleen Erker at erker@wustl.edu prior to when online registration begins in November 2005. 3 units. Same as S65-5035, Social Work.
Credit 3 units. Law: JDGRTX
LAW 5710 Law and Business of Intellectual Property Licensing & Technology Transfer
Enrollment limit: 30. [This course was formerly called IP Licensing and Technology Transfer, so students who took IP Licensing and Technology Transfer are not eligible to take this course.] This course will provide an introduction to the substantive law of intellectual property licensing and other technology transfer by surveying key issues relating to the licensing and other transfer of trademarks, copyright, trade secrets, patents, software and other digital information. This course will also consider non-traditional licensing models such as open source software licenses and the Creative Commons licenses. This course will function as a companion course both to the introductory intellectual property courses (Patent Law, Copyrights & Related Rights, Trademarks & Unfair Competition) and to three advanced, practical skills IP courses - Entertainment Law Planning & Drafting, IP Licensing: IP & E-Commerce Planning & Drafting, and Management & Evaluation of IP Assets. Regular attendance and class participation is expected. The grade will be based on class participation and a final exam. [Students who have taken the course IP Licensing: IP & E-Commerce Planning & Drafting, last taught by Prof. Fendell in Fall 2008, are eligible to take this course, as these two courses are not duplicative. Students who have taken the course IP Licensing, most recently taught by Prof. McManis in Spring 2008 are not eligible to take this course.]
Credit 2 units.
LAW 5711 Law and Economics
Law and Economics examines the ways in which various economic theories influence legal policy making, and the equally important ways in which legal institutions and organizations influence economic activity. The course, which requires no previous economic training, focuses on property, tort, contract, intellectual property, litigation, criminal, and regulatory law. We also discuss the scientific status and inherent limitations of economic analysis, and the effect of law on economic rents and inequality. Grading is based both on class participation and on a three-hour final examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5712 Law and Policy of Electronic Information
Enrollment limit: 30. This 1 unit intensive weekend course will provide an overview of electronic information law, information policy issues and information compliance methodology. We will examine the evolving legal landscape of electronic information, legal requirements for retention of records in the digital business world, legal conflicts in privacy laws and storage laws, the law of electronic contracting, legal acceptability of electronic signatures, digital records, Legal issues related to information in the Cloud, in social networks, Information Management Compliance and the Federal Sentencing Guidelines, Electronically Stored Information (ESI) discovery issues and much more. This is an interactive discussion class and will utilize practical in-class exercises. All readings must be done before class as they will form the basis of the discussion in the class. We will spend time working through the major concepts addressed in each topical area. Because of the rapidly evolving technology landscape that informs this topic, new material and new case law, not already outlined in the syllabus may be explored. Grades will be based 20% on class room participation and 80% on an essay (1,000 words maximum) that will be due one week after the conclusion of the course (via MyLaw). The topic of the essay will be provided on the last day of class and will drawing from the readings, lectures, and class discussion. Attendance is mandatory. Grading will be under the modified pass/fail system (HP-3.94, P, LP-2.98, F-2.50). 1 unit.
Credit 1 unit. Law: HT, RW
Typical periods offered: Spring
LAW 5713 Law and Psychology
This class will explore issues at the intersection of law and psychology. We will consider both the ways in which psychology contributes to our understanding of law and legal procedure and ways in which psychology is used within the law and legal system. We will explore psychological research on dispute resolution, decision-making, and procedural justice, as well as the role of psychology within particular types and stages of litigation. There will be a 3 hour in-class exam. [Non-law graduate students and upper-level undergraduate students are welcome to take this class.] 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5714 Law and Society
This two credit course will explore various aspects of the relationship between law and society. The early part of the course will take up classic views of law and society, including the views of Montesquieu, Maine, Durkheim, and Weber, along with the views of a few contemporary theorists, to explore how theorists and social scientists have characterized the relationship between law and society. The remainder of the course will explore a range of issues that bear on the law-society relationship, including the nature or function of law, sources of law, social influences on law, customary law, law and colonization, the transplantation of law, legal pluralism, law and development, legal change, the legal profession, globalization, and more. The objective of the course is to develop a sophisticated theoretical and empirical understanding of the complex and multifarious connections between law and society. The course material is a compilation of excerpts from articles and books. The exam is a take home essay exam that poses a series of questions about the law-society relationship. Students will be graded on their demonstrated mastery of the material and on the depth and thoughtfulness of their responses to the questions.
Credit 2 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5715 Legislation
In most law school courses, judge-made law is the center of attention. In real-world settings, however, lawyers frequently find themselves spending more time working with statutes than with case law. In order to equip students to survive in our so-called age of statutes, this course attempts to shed light on legislation and the processes that give rise to it. The first half of the course will examine legal rules that govern the legislature, including such topics as lobbying regulation, bribery statutes, ethics rules, open meetings laws, the line-item veto, the filibuster, and judicial review of legislative decision making procedure. The second half of the semester will be a more straightforward doctrinal unit, examining the ways in which legislation is implemented in the courts. The primary focus will be on principles of statutory construction. Students will acquire a working knowledge of the uses and abuses of canons of construction, legislative history materials, and other tools that lawyers and judges employ as they try to make sense of legislation. Regular attendance and preparation will be expected, and sanctions may be imposed on egregious offenders. The course grade will be based on a timed exam. 3 units.
Credit 3 units.
LAW 5716 Legislation
Prerequisite: Constitutional Law. Most law school courses focus on judge-made law, but many important practice areas - from bankruptcy and tax to environmental law and civil rights - are dominated by statutes. This three-unit course examines how legislatures create statutory law and how judges interpret statutes. The first part of the course focuses on the legislative process. How do members of Congress draft, debate, and enact legislation? How do voters and interest groups influence the content of federal laws? What rules constrain federal and state legislative processes? The course then explores different theories of what statutes are and how they fit into the fabric of the law. The final part of the course examines how courts can and should interpret statutes. What are the theoretical bases for statutory interpretation? What sources of authority should determine the meaning of statutes? Only the text? Legislative history materials? Related statutes or administrative provisions? Students' grades will depend primarily on a 24-hour take-home examination. 3 units.
Credit 3 units. Law: RW
LAW 5717 Media Law
This course will cover a wide range of legal issues relating to the contemporary news media, including the law of newsgathering, defamation and other speech-based torts, privacy rights, prior restraints, confidentiality of sources, and constitutional and statutory rights of access to information. Students will also consider emerging issues, such as politically-charged defamation cases and proposed regulation of social media companies. Grades will be based on an exam and will also take into account class participation and attendance.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5718 Mergers and Acquisitions
Prerequisite: Corporations. This course provides an overview of important legal, financial, transactional, and regulatory issues related to changes in corporate control. Topics covered in this course include the corporate and securities law relevant to mergers and acquisitions, with a special focus on fiduciary duties; forms of private ordering such as poison pills, lockups, earnouts, and the allocation of risks by the acquisition agreement; and regulatory issues such as merger control. To facilitate discussion, laptops are prohibited. 3 Credits.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5719 National Security Law
This course will examine the distribution of war-related powers among the federal government's three branches; standards for the use of force, and controls on and access to national security-related information. Students are expected to participate in class discussions and complete a final exam.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5720 National Security Law
This course surveys the framework of domestic laws-constitutional, statutory, and regulatory-that variously authorizes and constrains the U.S. government's pursuit of national security policies, with an emphasis on developments in this area since September 11, 2001. This broad survey course in national security law analyzes the balance between liberty and security, examining both substantive questions (how and where to strike the balance?) and institutional questions (what are the roles and powers of the president, Congress, and courts in striking that balance?). National security contexts explored include (1) the use of force abroad (including targeted killing), (2) domestic security (including state restrictions on civil liberties), (3) secrecy, (4) surveillance, and (5) investigation, prosecution, detention, and interrogation of suspected perpetrators of terrorism and atrocity crimes. Assessment will be on the basis of class participation and a blindly-graded final exam. 3 Credits
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5721 Natural Resources Law
Enrollment limit: 30. The objective of this three-unit course is for students to develop a basic understanding of the legal structures governing natural resource use in the United States. The course will focus on the following areas of the law: water allocation, wildlife protection, public lands, energy and mineral development, natural resource damages, environmental mitigation and banking, climate change and carbon offsets, the public trust doctrine, and land conservation. The course will follow a typical model of casebook readings and in-class discussion, with occasional problem-solving exercises. Students will be evaluated on in-class participation and a final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5722 Nonprofit Organizations Planning and Drafting
Enrollment limit: 24. This applied skills course will address the various types of nonprofit organizations and cover the necessary planning and drafting required in the formation, governance, and operation of a nonprofit organization. Students will create a fictional (or actual, if the student so desires) nonprofit organization including developing an effective business plan, creating a resonating mission statement, establishing the legal entity, obtaining tax-exempt status, creating effective governance policies, managing volunteers and staff, and generally ensuring ongoing success and sustainability of the organization. Many of these tools are applicable to for-profit entities as well as newly recognized hybrid entities. There will be three (3) written exercises during the semester and a take-home exercise the last week of classes in lieu of a final exam. Each exercise will be 20% of the grade and the take-home exercise will be 40%. 2 units.
Credit 1 unit. Law: FV, LCU, RW
LAW 5723 Partnership Taxation
Prerequisite: Federal Income Taxation unless waived by Professor Sarah Narkiewicz, Director of Tax LLM Program. This course provides an introduction to the federal income tax treatment of partnerships, limited liability companies, and other pass-through business entities. These entities are not subject to federal income tax at the entity level but rather the income flows through and is taxed at the owner level as it is earned. Partnership tax law tries to afford significant flexibility to taxpayers in structuring their business affairs while also trying to insure that income tax is paid one on all partnership income, no more and no less. The course will cover tax rules related to partnership formation, capital contributions, liabilities and debt, allocations and distributions of operating income, sales and purchases of partnership interests, and liquidations of the partnership. Students will work extensively with Subchapter K of the Internal Revenue Code and Treasury regulations thereunder. The course will be graded primarily on an open-book final examination consisting of essay questions and short-answers. 3 units.
Credit 3 units. Law: NSM, RW
LAW 5724 Partnership Taxation
Study of the tax aspects of the formation, operation and dissolution of the partnership form of business organization. The course will compare the partnership tax regime with the tax treatment of sole proprietorships, regular and small business corporations (i.e., C and S corporations), and include discussion of issues regarding tax shelter investments. Students will work extensively with Subchapter K of the Internal Revenue Code and the regulations thereunder. The course will be taught from a casebook and the Internal Revenue Code.
Credit 3 units. Law: NSM, RW
LAW 5725 Pluralism and the Law of Democracy
In 2045, America is predicted to be a minority-majority nation. These changing demographics have deep implications for minority political participation and representation in the U.S. and lie at the heart of some of the most controversial issues in today's society. This course seeks to provide students with an introduction to the legal and philosophical frameworks that influence many of the debates on these issues. The topics we will cover in this course include constructions of self-governance, minority and noncitizen voting rights and access to the ballot, racial and political gerrymandering, vote dilution and voter suppression, and criminal disenfranchisement. We will also consider the roles protest and resistance play in attempts by marginalized groups to influence law and policy, as well as the role of courts in defining what counts as a fair allocation of political power and what counts as an unconstitutional deprivation of the right of participation. The readings in this course will be varied, consisting of excerpts from legal and philosophical texts, Supreme Court cases, and articles from newspapers and law reviews. By the end of the course, students will have a basic understanding of competing constructions of self-governance in U.S. law and theory, the real-world implications and impact of those constructions for minority groups, and the challenges of defining and protecting self-governance in an increasingly multicultural society.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5727 Private Equity Transactions
This course will examine from a practical perspective the issues and documentation arising in a typical private equity acquisition transaction, using a mixture of lectures, cases and guest speakers. The course will begin with a basic introduction to the private equity industry, including the roles of the various business and legal participants, and will then focus on the structure, negotiation and documentation of a private equity investment transaction. Overall, the course is intended as a survey/introductory course, rather than an in-depth analysis of any particular area of law or type of document. Time will be set aside for discussions about current events and careers in the private equity industry. Attendance is mandatory. Class attendance, preparation, and participation are expected and may be taken into consideration in the final grade.
Credit 1 unit. Law: RW
LAW 5728 Problems in Corporate Law
Enrollment limit: 40. Pre-requisite or co-requisite: Corporations. This 1 unit weekend course is divided into three parts. Part one explores the question of who should make corporate law. Specifically, we will discuss scholarly theories addressing whether the states or the federal government would best regulate corporate matters, and explaining Delaware's prominence in corporate law. Part two examines specialized aspects of Delaware statutory and judge-made corporate law. We will discuss the inner workings of expedited and summary litigation, problems in the organization and functioning of a corporation (focusing on management and control), and mergers and transfers of control (including hostile acquisitions, tender offers, going private transactions, and defensive tactics). Part three will explore recent topical issues in corporate governance, ranging from proxy access to executive compensation. Class attendance is required and participation is encouraged. Grading will be modified pass/fail (HP-3.94, P, LP-2.98, F-2.50). 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Fall
LAW 5729 Products Liability
An in-depth study of the law of products liability. The development of the three major theories of liability--negligence, breach of contract, and strict products liability will be covered along with the three types of defects that emerged after section 402A of the Second Restatement of Torts swept the country. Contemporary issues such as whether Amazon is a seller of third-party products it offers on its website will be addressed. Coordination with workers' compensation and the effect of partial settlements are also subjects for discussion. Finally, problems of proof and other advanced tort problems find their way onto the course syllabus.
Credit 2 units. Law: RW
LAW 5730 Race & the Law
This course explores the intersection of race relations and legal institutions in the United States. It focuses on the transhistorical continuity of some racial meanings and dynamics, and on the evolution of others. In the first half of the course, we consider the theoretical and doctrinal principles that underlie historical issues such as Indian Nation sovereignty and genocide, slavery and Reconstruction, and the long civil rights era. In addition, we will consider early legal definitions of race in American law, and explore the role of race in citizenship, naturalization, and immigration law and policy. For the remainder of the course, we explore competing conceptual models of the American racial legal order, and examine current jurisprudence on racial issues that arise within the context of employment, education, intimate association, the distribution of electoral power, and/or the administration of criminal justice. The course will be graded based on writing an amicus brief, a document analysis, and an exam. 3 units.
Credit 3 units. Law: RW
LAW 5731 Real Estate Finance
Enrollment limit: 40. The course is recommended for students who have completed first year Property and have a basic familiarity with real estate finance. We are living in unprecedented times in the real estate finance industry. Concepts of valuation, underwriting and loan structure are all in flux since the crash of the financial markets in the Fall of 2007. The course will be a forward-looking review of real estate finance and joint-venturing in the real estate context. The focus of the course will be a) an explanation of real estate financing techniques, securitization and the capital markets, b) what went wrong with the securitization model that came to a head in August, 2007 and c) what the future may look like for real estate finance. Through readings, case examples and student negotiation interplay, the course will also explore the different viewpoints of, and pressures on, buyers/sellers and owners/lenders in the real estate industry. Grading will be modified pass/fail (HP94, P, LP78, F70), and will be based on a take-home written examination (and class attendance, preparation, and participation may be taken into consideration).
Credit 1 unit.
LAW 5732 Real Estate Practice and Drafting
Enrollment limit: 20. This course will be a theory and practice course, combining the study of substantive law with practical application, drafting and problem solving. Students taking this course will get an exposure to common issues arising in residential and commercial real estate transactions. Throughout the course, students will be asked to discuss and role play the relative positions and motivations of the seller and purchaser, or lessor and lessee, as applicable, in an acquisition, financing or lease of residential or commercial real estate. Attendance and preparation will be required. The final grade will be based on class participation, drafting assignments and projects throughout the course, and either a final project or a final exam. [Due to substantial coverage overlap, students who have taken Commercial Real Estate Practice and Drafting cannot also receive credit for this course.]
Credit 3 units.
LAW 5733 Real Estate Practice, Negotiation and Drafting
Enrollment limit: 20. Drop Deadline: Monday, Jan. 9, 2017. This two (2) unit theory and practice course is designed to take students through the general process of acquiring, developing, financing and leasing commercial real estate. The course combines the study of substantive law with practical application, drafting and negotiation from a private practice perspective. Over the course of this program, students will be asked to analyze and approach specific issues from the differing viewpoints of buyer/seller, developer/lender and lessor/lessee as well as learn about governmental controls and trade-offs impacting growth. Regular attendance and preparation are required and substantive in-class participation and discussion is expected from all students. The final grade will be based on the quality of the student's preparation and understanding of the material as demonstrated throughout the semester by his or her in-class participation and drafting assignments. 2 units.
Credit 2 units. Law: FV, LCU, RW
Typical periods offered: Spring
LAW 5734 Real Estate Transactions
This course will cover contracts for real estate, real estate conveyancing, and mortgages and mortgage substitutes. The primary focus is residential transactions and financing and fundamental real estate principles that apply to residential and commercial transactions. Grades will be based on an in-class, multiple-choice timed exam and class attendance/preparation.
Credit 3 units. Law: FV, RW
LAW 5735 Refugee and Asylum Law
This course focuses on the legal regulations that govern the migration and status of refugees, asylum seekers, and other victims of forced migration in the United States. Along with examining the statutory, administrative, and judicial proceedings that govern this process, we will also be examining the theories and policies that underlie the existing regulatory structure. Special attention will be paid to how these regulations intersects with international law and institutions, and how refugee and asylum policies fit into our nation's broader positions on immigration. This class revolves around in-class discussions and a series of moot court exercises. As a result, attendance is vital and class participation is strongly encouraged. Seventy percent of the grade will be associated with the moot court sessions. A final exam constitutes the remaining 30% of the grade.
Credit 3 units. Law: LCU, RW
LAW 5736 Regulating Sex: Historical and Cultural Encounters
This course explores sexuality, law, and culture as discourses and as regulatory instruments. Using this lens and emphasizing changing norms over time, we will examine a range of specific topics, including, for example, America's historical slave economy and its impact on sexual values and practices; sexual violence, sex without consent, and efforts to reduce both (on campus, in the home, and elsewhere); the role of religion in regulating sex; different understandings of sexual pleasure and the suppression of pleasure for socially devalued groups (women, the elderly, and individuals with disabilities); the legal and social construction of pregnancy and reproduction; traditional marriage and various alternatives; sexual education and initiation; LGB, intersexual, asexual, and trans identities; sex-offender registries; and sex research. To support this course's explicitly transdisciplinary focus, we will study materials from law, social work, sexology, literature, and popular culture and contrast conventional legal analysis with feminist and other frameworks, including queer theory, social constructionism, intersectional approaches, and symbolic interactionism. Students will have two writing assignments throughout the semester and no final exam. Grades will be based on writing assignments and contributions to the class discussions. Please note: Students will not receive "trigger warnings" in this course. Although many of the readings and class conversations confront challenging issues and may evoke emotional reactions, developing competency to address sensitive topics is one of the learning objectives of this course. Students are welcome to discuss with the professor any particular difficulties or accommodations. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.] 2 units.
Credit 2 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5737 Religion and the Constitution
The First Amendment reflects a particular concern for religion, but the meaning of religion, its legal treatment, and the limits of religious expression have been fiercely debated. This course explores these debates through the doctrinal, historical, and theoretical dimensions of the religion clauses of the First Amendment, paying particular attention to the case law that has developed around these clauses. The course grade will be based on class participation and an in-class final examination. Please note that laptop computers are not permitted in class.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5738 Remedies
After liability is established in civil litigation, a court will proceed to consider what relief to prescribe. This advanced procedure course examines doctrines and principles that courts apply when they make these choices. The general goal is to provide effective redress for plaintiffs without overly burdening defendants. The course will focus on remedies that are typically available in public law litigation, especially injunctions and declaratory judgments. Remedies that are more characteristic of private-law litigation, including damages and restitution, will receive less attention. Regular attendance and preparation will be expected, and sanctions may be imposed upon egregious offenders. The course grade will be based on a timed exam. 2 units.
Credit 2 units. Law: RW
LAW 5739 Reorganization (Business Reorganizations Under Chapter 11)
Enrollment limited to 20. The skills course will be taught jointly by United States Bankruptcy Judge Barry Schermer and Lloyd Palans of Bryan Cave. The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. Using a single hypothetical reorganization as a backdrop, the instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for two hours each session. Students' grades will be determined by their performance on simulated exercises and written assignments and by their participation in class discussion. Attendance and preparation are both required. Students who have not taken the basic Bankruptcy course may enroll, but they will be at a marked disadvantage to those students who have.
Credit 3 units.
LAW 5740 Secured Transactions
This course will cover the creation, perfection, and enforcement of security interests in personal property pursuant to Article 9 of the Uniform Commercial Code (the "UCC"), which has been adopted by every state, the District of Columbia, and the Commonwealth of Puerto Rico. The majority of class time will be devoted to working through problems that require application of UCC provisions to particular fact situations. Attendance and preparation will be required. Grades will be based on a three-hour, closed-book final examination. 3 units. [A student who takes this course may not take the three-credit Commercial Law survey course, and a student who has taken the survey course may not take this course. While the survey course covers the subjects of payment systems and secured transactions, this course covers secured transactions in greater depth.] 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5741 Securities Law Litigation & Arbitration
Enrollment limit: 24. Pre/Co-requisite: Securities Regulation or Corporations (exceptions possible with permission of professor who can be emailed at jsoraghan@DMFIRM.com) This two unit course will be both academic and practical. It will require students to analyze the elements of and policies underlying the most common securities fraud claims, including Rule 10b-5 and its case law, related statutes and typical arbitration claims, and to apply that analysis to pleading cases in both court and arbitration. We will compare the often highly technical pleading requirements in court under the Federal Rules, the Private Securities Litigation Reform Act, the Securities Litigation Uniform Standards Act, and the conflicting cases thereunder, with the rather amorphous pleading and hearing practice under the rules of the securities regulatory organizations, primarily the Financial Industry Regulatory Authority. There will be three drafting exercises designed to prepare students for securities litigation and arbitration. We will study the shift of most securities industry disputes to arbitration, what claims are typically found in arbitration and the procedures for their resolution. We will also analyze the growing role of the courts in shaping the structure of the arbitration process. Regular attendance and participation will be required (just as participation in court and in chambers is crucial to a client's result), and will constitute 20% of the grade. The remainder of the grade will be based on the assignments. The assignments will be graded anonymously. 2 units.
Credit 2 units. Law: LCU, RW
Typical periods offered: Spring
LAW 5742 Securities Law Litigation and Arbitration
Pre/Co-requisite: Securities Regulation or Corporations (exceptions possible with permission of professor who can be emailed at (dennis.capriglione@wellsfargoadvisors.com) This two unit course will be both academic and practical. It is designed for the student who wishes to gain a working knowledge about securities litigation and arbitration. It will require students to analyze the elements of and policies underlying the most common securities fraud claims, including Rule 10b-5 and its case law, related statutes and typical arbitration claims, and to apply that analysis to pleading cases in both court and arbitration. We will compare the often highly technical pleading requirements in court under the Federal Rules, the Private Securities Litigation Reform Act, the Securities Litigation Uniform Standards Act, and the cases thereunder, with the more relaxed pleading and hearing practices under the rules of the securities dispute resolution organizations, primarily the Financial Industry Regulatory Authority. There will be three drafting exercises. We will study the shift of most securities industry disputes to arbitration, what claims are typically found in arbitration and the procedures for their resolution. We will also analyze the role of the courts in shaping the structure of the arbitration process. Regular attendance and participation will be required and will constitute 20% of the grade. The remainder of the grade will be based on the assignments. 2 units.
Credit 2 units.
Typical periods offered: Spring
LAW 5744 Securities Regulation
The primary focus of this course will be the regulation of capital formation under the Securities Act of 1933. Also included will be a comparison of anti-fraud provisions in various federal statutes, as they reflect the federal regulation of corporate transactions. This is a statutory course that emphasizes the wording of the law, the regulations promulgated by the Securities and Exchange Commission, and court interpretations of both. Case law is less important than in most traditional law school courses. An additional focus in the inter-relationship of the two primary federal securities statutes and the SEC's attempt to integrate securities regulation into a coherent regulatory system. A set of problems will be the focus of a significant part of class discussion. Regular attendance and preparation are expected. The grade for the course will be determined by a timed exam with both objective and essay components.
Credit 3 units. Law: RW
LAW 5745 Securities Regulation
Pre or Co-requisite: Corporations. This course will focus primarily on capital formation under the Securities Act of 1933 and the antifraud and voting rights provisions of the 1934 Act. The course both will emphasize case decisions and SEC rules which are the primary vehicle to interpret the relevant statutes and the basis of exemptions from both the 1933 and 1934 acts. There will be a final exam.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5746 Securities Regulation
Pre-requisite: Corporations. This 3 unit course surveys the federal statutes and regulations governing the offering, distribution and trading of securities, including the liabilities and remedies that may arise under these sources of law. Topics include the nature of the U.S. securities industry and its major participants; the organization and functions of the Securities and Exchange Commission; securities registration and disclosure requirements; and anti-fraud litigation. The course will emphasize the application of these statutes and regulations and related judicial interpretations to fundamental business transactions. The course will also consider the rationales underlying these transactions. Students are prohibited from using laptops during this class. There will be a final examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5747 Select Topics in Juvenile Justice
This course will explore select topics in the law and administration of juvenile justice, including why we have a separate legal system for children accused of committing crimes, how children convicted of crimes are punished in the criminal and juvenile justice systems, how the law of police investigation applies to children, the school-to-prison pipeline, and race, class, and sex disparities within the juvenile justice system. This class will start on January 21, and meet every other week. Students will write 2-3 short papers. There will be no final exam.
Credit 1 unit. Law: RW
LAW 5748 Selected Issues in Foreign Relations Law
This course will examine some of the constitutional and statutory doctrines regulating the conduct of America's foreign relations. Relevant issues include the distribution of foreign relations power among the three branches of the federal government, the status of international law in U.S. courts, the nature of the treaty power, the validity of executive agreements, the role of states in foreign relations activities, and doctrines regulating judicial review of cases implicating foreign relations. Your grade will be based on class participation (10% of your grade) and a one-hour final exam (90% of your grade), which may consist of multiple choice, short answer, and essay questions. The exam will be open book-you may refer to your class notes, any assigned reading material, and any study guides or outlines that you participated in generating. 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5749 Sexual Violence in Armed Conflict
Sexual violence has been a part of war since time immemorial. In this class, we will first examine the manifestation and impacts of conflict-related sexual violence, as well as the myths and misconceptions surrounding it. We will then explore the key aspects of international humanitarian law and international criminal law before examining attempts to prosecute wartime sexual violence from the 1940s through the present. We will also review recent UN Security Council resolutions addressing the issue, exploring how sexual violence in armed conflict is related to security issues such as terrorism, force displacement, and extraction of natural resources. Finally, we will discuss matters of practice and policy relevance. This will include issues such as evidentiary challenges, victims' participation in court, access to reparations, and the special needs of affected children. Readings will include historical and social science literature, international legal instruments, court decisions and trial testimony, investigation and prosecution protocols, NGO reports, news articles, and documentary film. Guest speakers will add historical and practical insight. Students will submit 3 short reflection papers on the reading and a final 8-10 page paper on a topic of their own choosing. Students will also participate in informal debates on law and policy during the semester. Students will be assessed based on the reflection papers, participation in the class debates, and the final paper. Note: Students are advised that some readings for this course will contain heavy material such as trial testimony about rape and sexual torture. Interested students with specific questions or concerns are encouraged to contact Professor Seelinger prior to enrollment.
Credit 3 units. Law: RW
LAW 5750 Sexuality and the Law: Theory and Practice
Enrollment limit: 20. This course will introduce students to existing and emerging jurisprudence in areas of sexuality and the law with an emphasis on practical litigation perspectives. The course will examine caselaw in the context of current legal debates related to gender, sexual orientation and gender identity in the areas of privacy, equal protection, employment, free speech, education, relationship recognition, parenting, violence and military service, helping students understand how to devise litigation strategy to expand or restrict existing precedent, and assess the impact of emerging litigation and test cases. The course is directed to students interested in learning about substantive law related to sexuality, gender identity and sexual orientation and to students interested in developing an understanding of public interest and impact lawyering in emerging civil rights arenas. Students will analyze emerging cases and be asked to assess their impact potential, the application of existing precedent, and strategic and ethical issues that the cases raise. Class time will include periodic visits by lawyers practicing in topic areas who will help frame the issues and offer practical insight to the practice. class attendance and participation, a final case memorandum (in lieu of final exam) and oral presentation. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Spring
LAW 5752 Speech, Press & the Constitution
This course is intended to provide an overview of the law of the free speech and press clauses of the First Amendment to the U.S. Constitution. The focus will be (1) on the development of First Amendment law over time from its origins through to modern issues of free speech in cyberspace, as well as (2) on the philosophical and normative justifications for both the general principle of freedom of expression and recognized or proposed exceptions to that principle. In examining these issues, we will cover (among other topics): incitement to criminal action, hate speech and fighting words, sexually explicit expression, commercial speech, defamation, and content-neutral regulations of speech. Attendance and participation are essential. Please note that laptop computers are not permitted in class. There will be a timed modified open-book final exam. 3 units.
Credit 3 units. Law: HT, RW
LAW 5753 Speech, Press, & the Constitution
Prerequisite: Constitutional Law. This three-unit course introduces students to the major theoretical and practical issues in the constitutional law of free expression. The course begins with a brief look at theoretical questions. Why does the First Amendment protect expressive freedom? How should we define the freedom of speech, and how should courts define the limits of the First Amendment's scope? How do different sorts of interactions between government actors and private speakers affect our understanding of the First Amendment's function? With these questions in mind, the course surveys significant problems in First Amendment doctrine. Beginning with the Supreme Court's foundational decisions on advocacy of unlawful action, this survey encompasses such issues as pornography, hate speech, censorship of student expression, campaign finance regulation, and speech on government property. The final portion of the course examines First Amendment rights that may be analytically distinct from the core freedom of speech, including the freedom of the press, freedom of expressive association, and freedom from compelled expression. Students' grades will depend primarily on a 24-hour take-home examination. 3 units
Credit 3 units. Law: HT, RW
Typical periods offered: Spring
LAW 5755 State & Local Taxation
This course will focus on the federal constitutional constraints on state and local governments' power to tax, as well as the theory, policy, and implementation of the various means of state and local taxation. The relevant federal constitutional provisions include the Commerce Clause, the Due Process Clause, the Privileges and Immunities Clause, and the Equal Protection Clause. The specific forms of state and local taxation examined will include ad valorem property taxes, corporate income and franchise taxes, sales and excise taxes, and personal income taxes. There will be a three hour timed examination.
Credit 3 units. Law: NSM, RW
LAW 5756 State and Local Government
State and local governments have a vast influence on our personal and professional lives, and this course gives students an opportunity to study and understand the major legal and policy issues facing these governments today. They include topics such as voting rights, the role of the chief executive, labor relations, and public and school finance. Lawyers also need to know how state and local government regulation, which is extensive, can affect their clients. Additional topics covered include annexation and incorporation; government structure and powers; tort, section 1983 and antitrust liability; special legislation and delegation of legislative power; licensing, and the role of courts in policy making. Class participation and attendance are required subject to excuse. Two unexcused absences are permitted. There is an eight-hour, take-home, open book examination. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5758 Supervised Instruction: Law, Gender and Justice
Each semester, a team of three or four selected law students teach under law faculty supervision a three-credit undergraduate course in Law, Gender & Justice, listed in the Department of Women, Gender, & Sexuality Studies in the College of Arts & Sciences. Responsibilities for each team and its members include selecting a book for the course, planning coverage for the semester, developing a syllabus, preparing for and teaching a three-hour class each week, constructing and grading a midterm and final exam, being accessible to the undergraduate students, working with the faculty supervisor (in meetings and class visits), and writing a final memorandum about the experience. Interested students apply during spring of the preceding academic year, and faculty members select the instructors from the many applicants. Taking this course does not preclude taking a clinic or externship during the same semester, but students should be sensitive to the time commitments that teaching entails. The law student instructors each receive three credits (graded Credit/No Credit) toward the J.D., but these credits do not count toward the 67 required Law Classroom Units.
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 5759 Supervised Instruction: Marshall Brennan Constitutional Literacy Project
Each spring, several law students selected as Marshall Brennan fellows teach, under faculty supervision, a high school course in constitutional law, with a particular emphasis on the First and Fourth Amendments. Fellows are paired with other law students and teach at public high schools in the St. Louis Public School System and the University City school district. Fellows' responsibilities include planning coverage for the semester, developing lesson plans and curricula, preparing for and teaching approximately three hours of class each week, constructing and grading exams, being accessible to the high school students, preparing for and attending weekly hour-long meetings with the faculty supervisor, logging hours spent on teaching and preparation, and writing regular reflections about the experience. Interested students apply during spring of the preceding academic year, and fellows are selected from the many applicants. Taking this course does not preclude taking a clinic or externship during the same semester, but students should be sensitive to the time commitments that teaching entails. Marshall Brennan fellows each receive 2-3 credits toward the J.D., but these credits do not count toward the 67 required Law Classroom Units. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in this course. The course will be graded on a modified pass/fail basis (HP-3.94, P, LP-2.98, F-2.50).
Credit 3 units.
Typical periods offered: Spring
LAW 5760 Supreme Court Simulation
This course provides students with the opportunity to analyze, discuss, and draft opinions with respect to current cases before the Supreme Court of the United States. Students will be divided into two Courts with each student playing the role of a Justice on one of those Courts. The cases chosen are intended to provide a mix of constitutional and statutory issues as well as criminal and civil cases. Each student's task while sitting on cases is to do his or her best to understand their assigned Justice, based on that Justice's prior opinions and judicial philosophy. In preparation for each week's session, all students will read the lower courts' decisions, the Supreme Court briefs and the major precedents implicated for the respective case. For each case a Court will hear arguments from two students assigned to argue the case before that Court, will meet in conference to debate and decide the case, and will assign the case to a Justice to draft the opinion. Students not assigned one of these roles will observe, comment, and critique these simulations. Students will be assessed based on a combination of the quality of their written work, performance during in-class simulations, and preparation for and participation in class sessions. This course is not graded anonymously because the instructor works with students on their writing projects and simulations throughout the course. Attendance at class sessions is required unless prior approval is given by the instructor. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 2 units. Law: RW
Typical periods offered: Spring
LAW 5761 Takings Law and Legislation
This 1 unit weekend course will focus on the implications flowing from the 5th Amendment's simple phrase, nor shall private property be taken for public use without just compensation. (Every state has a counterpart.) Virtually ignored by the U.S. Supreme Court for generations, litigation involving the takings clause has snowballed in the past several decades to the point where the Supreme Court decided four such cases (out of a total of 75) in its last Term alone. We will briefly discuss the more obvious kinds of takings (referred to as direct condemnation), where a government agency deliberately seeks to acquire private property and pay for it. The bulk of the course, however, will discuss the manifold ways in which governmental actions that were not designed to acquire property nonetheless had the effect of taking property for public use (referred to as inverse or reverse condemnation). The latter will be further divided into takings that are plainly obvious as physical invasions of private property and others that are not so obvious and are the result of the impact of regulatory action. As we examine the arc of the case development, it may become apparent that the increase in inverse condemnation litigation (i.e., cases brought by property owners claiming that their property was taken) is proportional to the shrinkage in governmental budgets that made direct acquisitions more difficult. To obtain any benefit from the class, students are expected to critically read the course materials before the first class meeting. There will be a take-home exam administered the following week via MyLaw. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 1 unit.
Credit 1 unit. Law: RW
LAW 5762 The Interaction of Business, Government, and Public Policy in a Democratic Society (Kallen)
Enrollment limit: 40. This 1 unit weekend course will expose the students to governmental relations in the federal system and will teach the students skills relating to lobbying, networking and business development for lawyers. We will discuss the influence of money in the political process and how it impacts the decision-making, along with the ethical implications. The objective of this course will be to prepare the students to work in a governmental relations firm, trade association, not-for-profit, corporations or law firm with an emphasis on government practice. The students will also develop an understanding of the relationship between business and government and will be better prepared to communicate and network with potential legal and business associates. I do not intend to lecture and thus, class will be very interactive, enabling controversial views to be exchanged in a safe environment with respect. We will discuss numerous topical articles and there may be a mock lobbying exercise depending on time. Grading will be based on preparing a lobbying briefing paper (1-2 pages) and a paper tracing the historical relationship of a major firm with government (2-3 pages). Students will complete the papers the following weekend. Preparation for class and attendance is mandatory.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5763 The Law and Policy of the Rails-To-Trails Conservancy Movement
This course traces the law and policy behind the rails-to-trails conservancy movement in the United States. The course focuses on both legislative and litigation aspects of rails-to-trails. Student will learn how the rails-to-trails movement started, policy considerations, and landowner rights and responsibilities. Students will be assessed based on relevant writing exercises primarily related to possible litigation issues, role plays, and class discussion. This course is not graded anonymously. Attendance at class sessions is required unless prior approval is given by the instructor. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).There is no final exam. 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5764 The Law of the Fourteenth Amendment
This course begins with an examination of the drafting and ratification of the Reconstruction Amendments. We then investigate the contemporary scope and meaning of race equality, sex equality, substantive due process, and state action under the Fourteenth Amendment. We will pay particular attention to the development of the Fourteenth Amendment's liberty and equality guarantees and to current controversies including affirmative action, the right to vote, disparate-impact liability, abortion, and LGBT rights. Throughout the course we will interrogate the appropriate role of text, history, structure, precedent, prudence, and ethos in constitutional interpretation. In discussing these topics, we will examine how socio-political change has influenced the resolution of constitutional disputes and how courts and non-judicial actors have constructed constitutional meanings. Grades will be based on class participation and a final exam. 3 units.
Credit 3 units. Law: RW
LAW 5765 The Lawyer's Role in Urban Revitalization: St. Louis as a Case Study
This 1 unit course meets during the January Intersession. The problems of a struggling city are shaped by - and arguably can be addressed through - local government law, the structures of municipal institutions, private sector interests, community engagement, and the practicalities of politics. This course will use local government law to examine some of the institutional and public policy challenges facing the St. Louis metropolitan region and examine potential pathways to growth for St. Louis city. Each session will couple local government law doctrines with a particular public challenge faced by St. Louis: inner city decline vs. suburban growth, economic development in a fragmented landscape, issues of inequity and inequality (including access to economic opportunity and improving economic mobility), the role of neighborhoods and strategies for building strong communities, segregation vs. approaches to integration, and aspects of regional governance. It will put students in the position of serving as legal and policy advisers and, ultimately, decision makers with the goal of challenging students to think strategically about the trade-offs decision-makers face. To this end, a final, 5-7 page writing assignment will require students to analyze one specific public problem from the larger subset of course themes and apply local government law doctrines covered in class in developing possible solutions. Attendance is mandatory. Grading will be based on class participation and the final memo. In addition, students will be expected to hold time for two afternoon site visits in St. Louis. These site visits will be in addition to regular class time. More details will be forthcoming to enrolled students.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5766 Modern U.S. Supreme Court
Co-taught by Professor Lee Epstein and Mr. Adam Liptak (Supreme Court correspondent of the New York Times), this course will examine the contemporary Supreme Court. Topics include the Court's membership; its procedures for selecting cases for review; the role of lawyers, law clerks, and journalists; and doctrinal developments in several areas of the law. There will be a take-home final exam.
Credit 1 unit. Law: RW
Typical periods offered: Fall
LAW 5767 Title IX: Sex Discrimination in Education
This course will use the example of Title IX-federal law that prohibits sex discrimination in education-to foster students' deeper understanding of the role that civil rights laws play in addressing problems of inequality and discrimination in the United States. In particular, the objectives of this course are to cultivate deeper understandings of: Theories of equality reflected in civil rights laws like Title IX The cultural significance of such discriminatory practices as sex-segregation, imposition of gender stereotypes, sexual violence, and sex-based inequities in sport. The evolution of cultural, scientific, and legal definitions of sex and sex discrimination Congress's power to address inequality in contexts like education Similarities and differences between constitutional and statutory civil rights The role that courts play in defining the scope and meaning of statutory provisions The regulatory process and its responsiveness to political influence The interplay of judicial and regulatory enforcement Students will demonstrate mastery of these objectives by the successful completion of writing assignments, by engagement with assigned reading, and by attending and participating in class.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5768 Topics in Health Insurance Law and Regulation
Private health insurance is the primary vehicle through which access to healthcare is assured in the United States. For this reason, the law and regulation of health insurance is of vital importance to a wide variety of different types of lawyers and public policy advocates. This topic is nonetheless often only covered tangentially in traditional law school classes like Insurance Law, Health Law, and Employee Benefits. This condensed class will survey major issues in the law and regulation of U.S. health insurance. Topics that may be covered (depending on time constraints) include (i) the Affordable Care Act (i.e. Obamacare) and its regulation of private health insurers, (ii) State regulation of private health insurers, (iii) ERISA's regulation of employer-sponsored health plans, and (iv) State and federal laws governing the resolution of health insurance coverage disputes (both through courts and via internal and external review of coverage decisions). The class will not cover issues related to public health insurance programs like Medicare and Medicaid. It will not assume that students have any particular background in health or insurance law, and will be geared in equal parts to developing a basic understanding of the technical legal and regulatory issues in this domain and to discussing the insurance-specific policy issues surrounding health care reform. 1 unit.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5769 Topics in Sports Law
This course will use both case law and current events to introduce you to the legal foundations of each context in which athletes engage in sports: interscholastic, intercollegiate, Olympic, and professional. In doing so, this course will also examine sports structures through a critical lens by considering social justice issues-such as racial and gender equity, economic inequality, and participation rights for persons with disabilities-that are raised by our current sports structures. Grades will be based on a final paper.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5770 Trusts and Estates
This course examines the laws governing the transfer of property at death. Topics to be addressed include the state's control of inheritance; intestate succession; rules governing wills, family protection and the protection of non-traditional families and relationships; and private express and charitable trusts. The course will not cover future interests, estate planning, or estate and gift taxation since separate, specialized classes and seminars are offered on each of these important topics. The course gives substantial emphasis to complexities and problems generated by common law rules and various statutory responses; tensions between family norms and individual freedom to dispose of property; how demographic shifts in wealth-holding, mortality, marriage, and education have revolutionized estate planning; and how probate law has (or has not) responded to the rise of "will substitutes" marketed by financial institutions. Final grades will be based primarily on an open-book exam. In addition, each student will write a will and disposition of remains document, both of which will be graded on a pass/fail basis. Class participation and attendance also will be taken into account in the final grade. 3 credits.
Credit 3 units. Law: RW
Typical periods offered: Fall
LAW 5771 Trusts and Estates
This course examines the laws governing the transfer of property at death. Topics to be addressed include the state's control of inheritance; intestate succession; rules governing wills, family protection and the protection of non-traditional families and relationships; private express and charitable trusts; and fiduciary administration. The course will not cover future interests, estate planning, or estate and gift taxation since separate, specialized classes and seminars are offered on each of these important topics. The course gives substantial emphasis to complexities and problems generated by common law rules and various statutory responses; tensions between family norms and individual freedom to dispose of property; how demographic shifts in wealth-holding, mortality, marriage, and education have revolutionized estate planning; and how probate law has (or has not) responded to the rise of "will substitutes" marketed by financial institutions. Final grades will be based mainly on an open-book exam, but class participation also will be taken into account. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5775 U.S. Constitution/Foreign Affairs
This course fills a growing theoretical and practical gap in the training of lawyers for the 21st Century. It is essentially a course in United States' Constitutional law that treats the very difficult problems raised when international law interfaces American domestic law or when transnational problems strain the U.S. Constitutional structure. A subject that has fallen into neglect in U.S. law schools, it has started to be revived in scholarly debate. The course will explore the treatment of international law by the U.S. Constitution, examining the peculiar way in which the Constitution appears to treat Treaties and Customary International Law differently. It will examine the distribution of war powers between the executive and Congress, federalism concerns (such as whether states can enact criminal legislation implementing the Genocide Convention, for example, or whether that is purely within Congress' purview), and individual rights. It will also look at some interesting transnational litigation problems raised by the suit of foreigners in the United States under international claims, such as the notorious Kadic v. Karadzic case decided by the Second Circuit two years ago. Finally, it will ask how one can adopt an eighteenth Century constitution to the globalized twenty-first Century. The exam will be a twenty-four hour take home.
Credit 3 units.
LAW 5776 Ucc: Article 2
This 3 unit course is designed to familiarize students with aspects of the law relating to the sale of goods. Article 2 of the Uniform Commercial Code will be the focus of the course. There will also be some treatment of other sources of analogous law (e.g., Article 2A, Leases, the Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transaction Act). Attendance, participation, and preparation will all be required. There will be a final examination. Students will be graded based on the final examination. The final examination will be in-classroom and open-book.
Credit 3 units.
LAW 5777 UCC: Article 2
This course focuses primarily on sale of goods transactions under UCC Article 2. This is a problem-oriented course. After reading cases, text and Code provisions, students will complete problems at the end of each casebook assignment. Class time will be spent working through each of the problems. Attendance, participation and preparation will all be required. The final grade will be based on a single three-hour final exam. 3 units.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5778 Workers' Compensation
The course addresses essential aspects of workers' compensation laws including extent of coverage, the various levels and varieties of benefits provided, and how claims are established and enforced. The course will also briefly consider the interaction of state workers' compensation laws with tort litigation and other employment statutes. Course assessment will consist exclusively of a take-home essay examination. 1 unit
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5779 Special Topics in Urban Real Estate Development
This class meets from Thursday, Feb. 8 - Thursday, March 28. Drop deadline: 9:00 p.m. on the first day of class. This is a 1-unit course that combines practice and policy to provide students with a broad understanding of the issues and challenges surrounding modern urban real estate development. Students will learn 1) policy considerations for and against urban redevelopment and incentives ; 2) factors that inhibit development and growth without governmental assistance; 3) a working knowledge of tax increment financing and other incentive tools; 4) the role of private developers and the economic realities of real estate development; and 5) eminent domain process and issues. The course will examine these topics through the lens of an actual ongoing project in downtown St. Louis. Students will be required to research and write a client advocacy memo on a specific legal issue facing the City's attempts to revitalize downtown. Successful memos will be considered for possible submission to City officials/counsel. The final grade will be based primarily on the quality of student memos but will also take into consideration in-class participation and attendance.
Credit 1 unit. Law: RW
Typical periods offered: Spring
LAW 5780 Veterans Affairs Law
This course will examine the statutes, regulations, and case law governing federal benefits for veterans of the U.S. military. Students will examine the requirements for qualification as a veteran, general benefit eligibility, service connection and ratings for disability benefits, dependency and indemnity compensation, veteran pension benefits, total disability due to individual unemployability, special monthly compensation, the claim adjudication process, and the appeal process following denial of benefit claims. The course will also explore the evolution of veterans benefits throughout U.S. history and changes in how such benefits were administered by the Department of Veterans Affairs and its predecessor agencies. Students will review benefit decisions by the Board of Veterans' Appeals, Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit. Laptops and similar devices are permitted in class. There are no prerequisites, and this course presents no disqualifying conflict with another course. Grades will be based primarily (90%) on a three-hour open-book final examination which will be graded anonymously. Regular class attendance and participation are expected and will constitute a small portion (10%) of the grade.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 5781 Legal Issues in Sports
This course introduces the fundamentals of sports law. It teaches the basic tenets of a variety of legal disciplines through the lens of sport. It focuses on legal issues that have a direct relationship to sport with an emphasis on current legal sports issues in the news. In the tort arena, we will explore the potential liability of athletes for reckless violent actions toward their competitors, of sports teams and leagues for failing to adequately protect the health of participants (e.g. concussion lawsuits), of coaches, trainers and medical personnel at all levels for failing to properly train, monitor and assess athletes, of product manufacturers for injuries caused by defective sports equipment, and of teams for injuries to spectators, among other potential liabilities. This course is cross-listed with the Olin business school. Grading for law students is on the modified pass/fail basis. Enrollment for law students is controlled by the law school registrar. Reach out to registrar@wulaw.wustl.edu for assistance.
Credit 1.5 units. Law: RW
Typical periods offered: Fall
LAW 5787 Local Government Law
Local governments (including cities, counties, and special districts) exert profound power over the lives of residents, impacting the way individuals and communities experience housing, economic opportunity, the environment, public health, utilities, education, and their social world. These impacts are apparent in public debates over local policy, but they are also felt privately when an individual pays personal property taxes on an automobile or receives water at their kitchen sink. This course examines the source of this local government power. It also explores the extent of this power, questioning how local governments are limited by both law and political/economic realities. The course interrogates local government power along three axes. First, what is the role of local governments within the federal system? (From where do local governments derive their power? How does local government power relate to the power of state and the federal governments?) Second, how do various local governments relate to one another? (How do cities relate to their suburbs? How do suburbs within a metropolitan area compete with one another? How do neighborhood associations impact their cities?) Third, how do local governments relate to their residents? (How and why do local governments tax? What obligations does a local government have to provide basic services to residents? How do local governments control the use of private property? How can residents impact local policy through voting, community meetings, and other forms of political action?) Within this framework, the course will explore topics such as affordable housing, housing segregation, local economic development, environmental policy, public transit, wealth distribution, and educational funding. Students will be graded on class participation and an in-school exam.
Credit 3 units. Law: RW
Typical periods offered: Fall, Spring
LAW 7001 New Directions in Housing Law and Policy Seminar
This seminar will examine inequality and discrimination in housing law and policy, and the attendant implications for health, employment, education, crime, and the environment. The national housing crisis was exacerbated by the COVID-19 pandemic. The nation now faces a massive eviction epidemic; an impending foreclosure avalanche; significant imbalances in the housing market; and increased housing discrimination against women, people of color, individuals with disabilities, low-income individuals, and older populations. The pandemic laid bare inadequacies of present law and public policy to address housing challenges and inequities. Students will be expected to explore the needs of public, private, and nonprofit stakeholders, and propose innovative law and policy interventions to reimagine housing options and property rights for today's world. Seminar grades will be based on a series of short papers, plus participation and attendance.
Credit 3 units.
Typical periods offered: Fall
LAW 7002 Law and Economics Seminar
Most top law schools have a law-and-economics seminar where outside academics present their current research articles. In this seminar, we will read recent working papers by legal academics. Class time will consist of presentations by the article's author, a question and answer period with the author, and then class discussion without the author's presence. The speakers will present both empirical and theoretical research in law-and-economics. Grades are based on class participation (10 percent) and response papers (90 percent). 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7003 The Past and Future of Our Financial Regulation
This seminar will review the history of financial regulation beginning with the formation of the country to the 2007-2008 financial debacle. Particular emphasis will be given to the extent to which the 2010 Dodd-Frank Act addressed the financial crisis of 2007-2009. The course will also explore the following two critical events that occurred in the decade after the enactment of Dodd-Frank: (1) the rise of digital assets including cryptocurrency portending a rival currency and financial system, and (2) the rapidly accelerating national debt that owes in part to the Corona Virus. Students will be required to write a paper on a topic related to our financial system and its financial regulation. Grades will be based on your final paper, oral presentation, and class participation. 3 Credits
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7004 Corporate Governance & Control Seminar
This seminar provides an introduction to the foundational policy debates in corporate law and corporate governance, as well as some of the fundamental economic concepts that inform those debates. It will consider principal issues in the creation of appropriate governance and control systems for large publicly held corporations as well as questions of corporate structure, shareholder voting rights, duties of directors, derivative suits, and indemnification and transfers of control viewed from the perspective of Delaware's statutory and common law as well as other perspectives. We will explore these issues in depth and make them concrete with discussions of real world events and applications, including through guest speakers. Students will be required to write several reaction papers synthesizing, analyzing, and critiquing the week's readings. The instructor will provide feedback on the reaction papers during the semester so that students have the opportunity to improve their writing on successive papers. Students will also take turns presenting course material. Grades will be based on papers, class participation, and presentations. Prerequisite: Corporations. 3 Credits
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7005 Lawtech Seminar
Enrollment Limit: 16. Seminar drop deadline: 5 p.m. on the day after the first class meeting. Legal practice has always been shaped by technology as lawyers seek out new ways to better meet the needs of their clients at the lowest cost. Recently, advances in computational text analysis, machine learning, and artificial intelligence have started to affect not only the range of tools available to lawyers, but also the workings of government agencies and the adjudication of disputes. These changes are playing out in various contexts, affecting areas as diverse as discovery and fraud detection. In the near future, broad diffusion of these technologies are poised to further transform the nature of legal practice. In this course, we will examine some of these new technologies, how they are being put to use, and the potential upside and downside risks associated with the further automation of legal work. Grades will be based principally on writing, with some credit awarded for contributions to classroom discussions. Students are expected to write seven response papers of 3-5 double-spaced pages in 12-point, Times New Roman font. Feedback will be provided on the first four response papers. 3 Credits
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7006 Criminal Justice Seminar
This seminar provides an overview of prominent debates within the field of criminal justice. The course begins with a series of studies regarding the criminal legal framework that gave rise to mass imprisonment in the United States. It then shifts to contemporary U.S. crime policy, tying high rates of imprisonment to two primary and interrelated social problems: social inequality and interpersonal violence. Weekly class sessions will consist of student presentations and in-depth discussion of the assigned reading materials. Grades will be based on in-class participation, a series of short response papers, and a final paper.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7007 Legal Ethics Seminar
Enrollment limit: 16. Drop deadline: 5:00 p.m. the day after the first class meeting. [This course is a part of the ethics curriculum. It is not considered a "survey" ethics course, so students may take this course and other ethics courses. There are no prerequisites for this course. JD students may not satisfy both the seminar and ethics graduation requirements by taking this course; students may satisfy one or the other.] In this seminar, each student writes a 5000-word research paper on a topic related to legal ethics. The seminar meets five times at the beginning of the semester to examine basic concepts in legal ethics (such as the fiduciary nature of the lawyer-client relationship, the confidentiality obligation and its exceptions and conflicts of interest) and meets five times at the end of the semester when students make presentations about their research, ask questions about others' research, and respond to those questions. In preparation for writing the final paper, each student is required to hand in several interim written assignments: a list of three possible topics that they would like to pursue; a 1-sentence statement of the paper's thesis; a 1-page sentence outline of the proposed paper; and lists of sources the student plans to use. Students may also be asked to hand in revised versions of these interim assignments. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) Method of evaluation: research paper and in-class presentation. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7008 Advanced Private Law Seminar
Pre/co-requisite: Property, Contracts, and Torts. Students not meeting this requirement may enroll with permission of the instructor. This seminar is about the legal relationships between individuals and private entities. It will pair classic readings from the private law theory with new scholarship. For the purposes of this seminar, private law includes the law of agency, companies, consumer protection, finance, obligations (torts and contracts), property, and trust. Within these topics, the readings will focus on two themes: First, how the private law allocates and governs economic opportunities, especially in light of new technologies. Second, whether and if so, how, the private law promotes human flourishing. In addition to legal sources, readings will include both philosophical and economic materials. Students are not expected to have any background in either philosophy or economics. Students will write and briefly present several short response papers. Students who need a longer writing sample may make arrangements to write one with the instructor in the first week of class. This seminar is not graded anonymously because the professor considers class participation and works with students on their writing projects throughout the semester. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7009 Voting Rights From Reconstruction to the Roberts Court Seminar
Enrollment limit: 16.Drop deadline: 5:00 pm on the day after the first class meeting. From debates about voter ID laws to political and legal battles over redistricting, race and voting rights are intertwined in our society. This course analyzes the intersection of race and voting rights from a legal and historical perspective. This course will also examine questions of federalism and Congress's Reconstruction Amendment enforcement authority. The first part of the course addresses the expansion of Black male suffrage during Reconstruction and the ratifications of the Fourteenth and Fifteenth Amendments. It then canvasses the establishment of Jim Crow in the late 1800s and the large-scale disenfranchisement of Black voters. The second part examines the Voting Rights Act of 1965 and its 1982 amendments, with particular attention paid to Sections 2 and 5 of the VRA as well as the Shaw line of cases. This part will also focus on race-based redistricting and racially polarized voting. The last part of the course covers contemporary issues in voting rights, such as the aftermath of the Supreme Court's decision in Shelby County v. Holder and current proposals to amend the VRA. Grades will be based principally on writing, with some credit awarded for contributions to classroom discussions. Students can choose between two paper options: write four response papers of 5-7 pages each or a 20-30 page research paper. Papers should be double-spaced in 12-point, Times New Roman font. Feedback will be provided on the first two response papers or on a first draft of the research paper. Students must choose between these paper options by week four of the course. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7010 The American Presidency Seminar
This seminar examines the intellectual origins, historical development, powers and operations, and current debates surrounding the American President. Throughout the semester, we will pay attention to the distinction between the office's formal constitutional powers and changing norms of presidential leadership and politics, and consider how the latter impact the former. The first two weeks of the course track the historical development of the American presidency from the patrician presidency envisioned by the Framers to the nineteenth-century party man of Jacksonian America, and forward to more modern forms of leadership minted in the twentieth-century and today: agenda-setting, bureaucratic management, and control of public opinion and image. In each of the remaining weeks, we take up a discrete topic of modern presidential power, including foreign affairs, the war power, policy agenda-setting, relations with Congress, bureaucratic management, image leadership and the media, executive privilege, and impeachment. Finally, we assess the health of the American constitutional system in light of the Presidency's evolution. Are we, as some allege, facing a constitutional crisis? If so, can it be attributed to system-deep, historical, or cultural factors? [BCCCR requirement: this course contains 4 hours of BCCCR instruction.]
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7011 Comparative First Amendment Law Seminar
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. In this seminar, we will explore the constitutional protection of speech and religion from a comparative perspective. We will study how these First Amendment freedoms are constructed and protected in relatively homogenous societies versus deeply divided societies. We will also study the interplay between courts, the political branches and civil society (broadly defined to include religious institutions) in shaping constitutional and social norms around these freedoms. In this seminar, the readings will consist primarily of cases. We will read cases not only from constitutionally influential jurisdictions (such as the United States, United Kingdom and Germany), but also from plurinational and divided societies (such as Canada, South Africa, Israel and India). The course discussions will be structured around these readings. This seminar is designed to help you hone your writing skills, your critical reasoning skills, and your ability to construct and support arguments. As a result, you will be required to write four, 5-page papers in the course of the semester. The papers will respond to a series of questions I pose related to the course material and class discussion. (These are not research papers.) I will provide feedback on the papers during the semester so that students have the opportunity to improve their writing and critical reasoning skills during the course. Please note that this course will meet regularly.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7012 Social-Scientific Research for Lawyers Seminar
Lawyers constantly evaluate and make legal arguments based on facts about the world. Often, these facts are not universally accepted. These facts usually stem from empirical research, and the debate over the facts is usually about the debate over the empirical research. Empirical research can be difficult to understand, but a lot of today's empirical research uses only a handful of methods. In this seminar, you will learn about these methods and the main legal questions that they have been applied to address. The goal of this seminar is not to become a producer of empirical research, and students will not attempt to conduct any empirical analysis. There will be no coding in the seminar. Rather, the goal of the seminar is to become a better consumer of empirical research. Class time will be devoted to understanding the intuition of empirical methods and how they should be applied. There will be no math in class, and students are encouraged to skip over all the math in the readings. With better intuition about the common empirical methods and how they should be applied, students will be able to ask the right questions if presented with arguments based on empirical research. Students will be required to write two papers responding to the reading assignments (4 pages each), a review of one empirical paper (4 pages), and an amicus brief analyzing empirical aspects of a recent or pending case (8 pages). Students will receive feedback on their earlier papers to assist them in structuring subsequent papers.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7013 Good Society Seminar
Drop deadline: 5:00 pm the day after the first class meeting. What is a good society, one that is fair and just and best satisfies the aspirations of its people? This question has been a fundamental quest of philosophy and political theory for millennia. In this seminar we will consider several alternative versions of a good society, including Plato's Republic, Exodus, The New Testament, The Quoran, Marx and Liberal Democracy. We will also examine the legal rights the people and the responsibilities of government in a good society. Students will be expected to write a paper proposing their version of the good society. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7014 Race, Religion, and the Family Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This seminar examines how race and religion have influenced the development of U.S. family law and policy, focusing on the twentieth century. The seminar also serves as an introduction to the field of legal history; it considers the uses of historical arguments in legal, political, and public advocacy, as reflected in disputes over family law. Representative topics include laws requiring or permitting consideration of race or religion in marriage, child custody, adoption, and family-member immigration. Readings will include cases and other primary sources, historians' amicus briefs, legal and historical scholarship, and recent op-eds and news articles. Students will write short papers throughout the course, totaling approximately 20 pages. These assignments will allow students to select a mix of op-eds, briefs, book reviews, and other formats. The instructor will provide feedback on papers during the semester, so that students have the opportunity to improve their writing during the course. Students will be graded based on their papers and class participation.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7015 Patent Claim Construction Seminar
This seminar provides a comprehensive introduction to the theory, doctrine, and practice of patent claim construction. Claim construction - the process of interpreting the claims at the end of the patent that define the patent's scope - is the most important issue in patent litigation. It is a threshold step to virtually every issue in a patent case, including invalidity and infringement. Claims also must be construed by a variety of actors outside of litigation: patent examiners, competitors, researchers, and the patentees themselves. A good understanding of claim construction is thus crucial to being a successful patent practitioner, whether one is a litigator, prosecutor, or transactional lawyer. In addition to readings and discussions, the seminar will include a practical component tracking the claim construction process under the patent local rules used by many district courts. Assessment will be based primarily on the work product generated as part of this claim construction simulation (an opening claim brief 6-10 pages and a responsive claim construction brief 4-6 pages), as well as a paper (15-20 pages) and accompanying presentation addressing a significant policy issue related to claim construction. Prior or concurrent enrollment in Patent Law is required (or significant prior work experience in patent law). No technological background is required or expected for this class; the simulation will be based on a technologically-simple invention.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7016 Law and Theology Seminar
This course provides an introduction to the intersection of law and theology (as distinct from law and religion, law and political theory, or jurisprudence). The course focuses on Christian theology due to the influence of Christianity on the Western legal tradition, much as a course on jurisprudence would typically focus on Anglo-American jurisprudence to the neglect of important works of Islamic jurisprudence, Chinese legal thought, and other non-Western traditions. Students are welcomed and encouraged to approach this class sympathetically, critically, or comparatively. This course has no formal prerequisites, but students should have a passing familiarity with Augustine, Aquinas, Calvin, Luther, Locke, and Rawls. Students without this background should read Sheldon Wolin's Politics and Vision prior to the beginning of the semester. The course is geared toward law students but is also open to advanced graduate students with a basic understanding of American legal education (e.g., graduate students who have a J.D. or whose graduate work has focused on American law.) 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7017 Comparative Constitutional Law Seminar
Enrollment limit: . Drop deadline: 5:00pm the day after the first class meeting. The course will cover a series of topics arising in the comparative study of constitutional systems. In many countries in the world, constitutional law has become a booming, ambitious, politically alive field, through which courts with constitutional jurisdiction have become aggressive players in new forms of politics. We are witnessing (as various authors call it) the rise of world constitutionalism, the inevitable globalization of constitutional law, migration of constitutional ideas, constitutional engagement in a transnational era, global expansion of judicial power, governing with judges, or simply the creation of courtocracies. We will concentrate on the study and comparison of the constitutional law of the United States, Israel and other countries such as Canada and Germany. In the first part of the course, we will introduce and analyze basic questions of comparative constitutional law (CCL): What is CCL? Why to study it? Critiques of CCL? What is constitution and constitutionalism and the role of courts in the field? Substantial discussion will be devoted to the varying foundations and structures of judicial review of the constitutionality of law, e.g., how are courts that engage in constitutional review structured, how are their judges appointed, what is the source of their authority to engage in constitutional review. In the second part, we will examine and compare several case studies on constitutional protection of human rights, including: freedom of religion, freedom of speech, abortion, and equality and group rights. The third part of the course will explore recent trends in the field, especially the globalization and internationalization of constitutionalism, and conclude some conclusions about comparative constitutional law, the role of courts in constitutionalism, with some emphasis on the Unites States and the Israeli Supreme Courts. Through all critical discussions during this course we will try to reach some insights and conclusions on two main themes: First, the role of comparative study of constitutions and constitutionalism. Second, the role of courts in democracy. Regular class attendance and preparation are required. All students will be required to submit a research paper for assessment. Students are expected to read all assigned materials and be prepared for all classes. ABA Standard 310 requires not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time for each credit hour awarded. This course is designed to meet this requirement, and each student is expected to spend on average no less than two hours of out-of-class time for each one hour of in-class time, per credit hour.
Credit 2 units. Law: GENUP, RW
LAW 7018 Public Law Theory Seminar
This course will examine scholarship on theoretical issues in public law fields, with a primary focus on constitutional law. Potential topics include the separation of powers, arguments for and against constitutionalism and judicial review, and interpretive method. The first part of the course will survey traditional, big-picture debates in constitutional law and related areas, while the second part will closely examine more recent books or articles at the frontiers of public law theory. Instead of a long final research paper, students will be required to write several shorter papers during the semester. The instructor will provide feedback on papers during the semester so that students have the opportunity to improve their writing during the course. Students will be graded based on their papers and class participation. In order to facilitate an engaged discussion, electronic devices will not be permitted. Pre/co-requisite: Constitutional Law (although Professor Epps will consider requests for a waiver of this requirement from students who believe that special circumstances merit an exception). Drop deadline: 5:00 pm the day after the first class meeting.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7019 Law and Religion: Selected Problems in Human Rights Seminar
One of the major modern developments in human rights law is a phenomenon can be described as globalization and judicialization of individual (human) rights. Globalization means the global spread of certain values and concepts which have gained increasing universal acceptance and the convergence of the understanding of human rights around the world. Judicialization refers to the growing number of jurisdictions (national, regional and global) deciding human rights cases. It gives rise to the emergence of common case-law on human rights. The object of this course is to examine this process as seen from the perspective of a judge. The course includes, as its first part, a comparative presentation of different systems protecting individual rights as well as of major techniques (like proportionality, subsidiarity and margin of appreciation) used by courts when deciding human rights cases. The second part will examine three selected examples how similar cases have been decided by different European courts, particularly by the European Court of Human Rights and the Court of Justice of the European Union. The cases will deal with: (1) sexual orientation (in particular, the problem of same-sex partnerships and marriages); (2) the right to life (in particular, the problem of assisted suicide); and (3) religious freedoms (in particular, the presence of religious symbols in public space). 3 units
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7020 Advanced Securites Regulation Seminar
Enrollment limit: 16. Prereq: Corporations. This seminar will give students the opportunity to examine the regulation of financial institutions and markets and to explore advanced topics in corporations law and securities regulation. The first several classes will offer an introduction to the writing process and relevant academic literature. In the remaining weeks, students will meet regularly with the instructor and write a research paper 25 to 30 pages in length - in the course of which they will satisfy several interim writing deadlines. Students will be encourage to pick a topic from a list provided. [This seminar is not graded anonymously because the professor works with students on their writing project throughout the semester.] 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7021 Innovation in Pharmaceutical Technologies Seminar
This seminar will consider the ways in which different areas of law contribute to the broader innovation ecosystem surrounding pharmaceutical technologies, examining the relationships between legal doctrines and innovation incentives. The first section of the course will consider different innovation policy levers, beginning with a focus on traditional levers like intellectual property and expanding to consider understudied incentive levers including grants, prize systems, and health insurance coverage. The second section will engage in an intersystemic analysis of these innovation policy levers, exploring their interactions and their relationship to the relevant legal institutional actors. The third section will confront a series of case studies, chosen to demonstrate the power and potential of this broad view of innovation policy. Readings will include scholarly articles from the legal literature, cases, and other materials. Two-thirds of the course grade will be based on written work: three seven-to-eight-page response papers, spread evenly throughout the course. One-third will be based on class participation. Feedback will be provided on each response paper before the next is due, but no rewrites will be required. Previous coursework in the area, such as the Intellectual Property Survey, Patent Law, or Health Law is strongly preferred, but not required - prior work or graduate school experience in the area is sufficient preparation for many.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7022 Structural Criminal Justice Seminar
Prerequisite: the first-year course, Criminal Law. This seminar will examine the criminal justice system from the perspective of structural public law. Rather than focusing on the substance of the written law (as the basic criminal law course does) or the rules that govern criminal investigations and adjudication (as criminal procedure courses do), this course will explore how structural features of the system-allocations of power and responsibility among different institutions and incentives for various actors-shape criminal law and influence how, and to whom, criminal law is applied. Possible topics include the separation of powers between the executive, legislative, and judicial branches; the relevance of administrative law to criminal justice; the political economy of criminal lawmaking; the division of responsibility over criminal justice between the federal government and the states; the role of financial incentives in shaping criminal justice policy; and the range of accountability mechanisms for police, prosecutors, and other actors. Readings will include judicial opinions and other primary legal materials, designed to help students understand formal rules, as well as law review articles and other secondary sources, which will help elucidate institutional realities while also framing discussion about how the system could be improved. Students will be required to write frequent short reaction papers synthesizing, analyzing, and critiquing the week's readings. The instructor will provide feedback on the reaction papers during the semester so that students have the opportunity to improve their writing on successive papers. Students will be graded based on their papers and on class participation. In order to facilitate an engaged discussion, electronic devices will not be permitted.
Credit 3 units. Law: GENUP, RW
LAW 7023 Contract Theory Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This writing seminar focuses on contract doctrine and theory. Students write a single paper on one doctrinal topic related to general contract law. The topic needs to be chosen out of a list, made available on August 22. (Note that this list does not contain any comparative law related topics.) We meet collectively only during the first week. From then on, we meet individually at least once every two weeks. Grading is based on three components. First, a three-page abstract (summarizing the thesis and the main arguments) and a PowerPoint presentation need to be submitted by October 1. The quality of this abstract and PowerPoint presentation counts for 20 points (out of 100). Second, a 30-page draft needs to be submitted by November 1. This draft counts for 40 points, and judgment is based solely on content, not on quality of writing. Third, a 35-page final version needs to be submitted by the last day of the exam period. This final version counts for 40 points, and judgment is based solely on the quality of writing. This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7024 First Amendment Seminar: Pluralism & Difference
Enrollment: 16. Drop deadline: 5:00 pm the day after the first class meeting. This seminar explores the theory and application of the First Amendment's protections most central to group formation and expression in a pluralistic society. It focuses on the rights of speech, assembly, and association, with some consideration of the free exercise of religion. Topics include the nature of pluralism and difference, the limits of dissent, associational and membership rights, public forums, public funding, boycotts, and hate speech. The course grade will be based on class participation and a final paper. The paper will require multiple drafts and should incorporate feedback from the instructor as well as peer review. 3 units
Credit 3 units. Law: GENUP, RW
LAW 7025 Feminist Theories, Feminist Judgments Seminar
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. Only JD students may enroll in this class. This seminar will use the book Feminist Judgments: Rewritten Opinions from the United States Supreme Court (Kathryn M. Stanchi, Linda L. Berger, & Brigid M. Crawford eds., 2016), which contains twenty-four Supreme Court opinions, rewritten by various scholars to reflect feminist commitments and perspectives, along with commentaries on each rewritten opinion by a different author. Background readings will come from texts on feminist legal theory that will be available (in multiple copies) at the Law Library reserve desk. The seminar will meet regularly, with attendance, preparation, and participation expected. Class discussions will analyze and evaluate the rewritten opinions while also introducing students to underlying feminist jurisprudence and methodologies and as well as opinion-drafting techniques (which should prove helpful for aspiring judicial clerks). For the writing component of the seminar, each student will draft a both a feminist opinion and a commentary on another student's opinion, mirroring the structure of the Feminist Judgments book. (For their opinions, students will select their cases, based on their own interests and goals as identified in one-on-one conversations with the instructor.) Each student will revise and improve the draft opinion and draft commentary, based on individual feedback from the instructor and classmates. Grades for the semester will be based on written work (first draft of the opinion, first draft of the commentary, and final versions of both) and contributions to the class discussions. Unless special accommodations apply, students may not use laptops in class.[BCCCR requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7026 Implicit Biases in Society Seminar
Drop deadline: 5:00 p.m. the day after the first class meeting. We are all biased, and most of us do not know it. This course will illuminate two things: i) you do not know what you do not know; and ii) what you do not know can indeed hurt you (or someone else). In this seminar, we will uncover the hidden influences shaping our perceptions and look into the world of unconscious biases—subtle yet powerful preferences and prejudices operating below our conscious awareness. We will explore situations that reveal how biases, stereotypes and gut feelings silently influence our judgment and behavior. Examples of biases in everyday life including color, disability, ethnicity, gender, gender expression/sexual orientation, race, religion, will be examined. We will look at examples of how biases can show up in institutions—criminal law, education, employment, healthcare, housing, and the legal profession. After establishing awareness, we conclude with actionable strategies to interrupt and disrupt harmful biases, with the goal of fostering a more equitable and inclusive environment. So—get uncomfortable, challenge your perceptions, and join us on this eye-opening journey toward understanding and mitigating implicit biases. The course will meet once a week. Laptops are permitted. A maximum of two absences are allowed. Class participation is required. The final grade will be based on attendance, class participation, weekly journal reflections, a draft paper, a short class presentation, and a final paper. [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7027 Seminar On First Amendment in Schools
Enrollment limit: 16. Drop deadline: 9:00pm the day after the first class meeting. This seminar explores the theory and applications of the First Amendment to the school setting that has emerged since Tinker's famous dictum that neither students nor teachers shed their First Amendment rights at the schoolhouse gate. Possible topics include student newspapers, student speeches, religious expression (both free exercise and establishment dimensions), hate speech, compelled speech, the classroom environment, loitering ordinances, social media, student privacy, public employee speech, academic freedom, and political dissent. The seminar also integrates service learning, with an eye toward developing student teachers for the Marshall Brennan program (a spring practicum). Although formal participation in Marshall Brennan is not required, all seminar students will be required to meet weekly with area high school students to discuss aspects of the course content with them and to learn how these issues play out on the ground. Seminar grade is based on class participation (including the weekly meeting with high school students) and two 10-12 page writing assignments. 3 units.
Credit 3 units. Law: GENUP, RW
LAW 7028 Intellectual Property Law Seminar: The Intellectual Properties of Architecture
Drop deadline: 5:00pm the day after the first class meeting. This seminar takes a deep dive into the intellectual property protection available for building designs. More specifically, it examines how architects can protect their building designs with copyrights, utility patents, Lanham Act trade-dress rights, and design patents. This seminar unfolds in three parts. During the first part, the class meets on a weekly basis to discuss assigned readings. During the second part, students meet one-on-one with the professor to develop their research papers. During the third part, students present their research projects. The final grade is based in part on class participation and the presentation, but the bulk of the grade is based on rough and final drafts of the research papers. 3 units
Credit 3 units. Law: GENUP, HT, RW
LAW 7029 Topics in Investment Banking Seminar
Enrollment limit: 16. Prereq: Corporations. Drop deadline: 9:00pm the day after the first class meeting. This seminar will give students the opportunity to examine significant debates in the regulation of those financial institutions that engage principally in investment banking activities. The seminar will include an overview the following: the legal and organizational structure and historical development of these institutions; the core activities in which they engage; the norms and dynamics in the investment banking industry; and the regulation of these institutions by securities, financial and other regulators. Particular emphasis will be given to regulation of the propriety of conduct of investment bankers and to systematic empirical evidence concerning the extent to which they serve client interests and protect non-public client information. The first class will offer an introduction to the writing process and to the relevant literature. In the remaining weeks, there will be no classes but students will meet regularly with the instructor and write a research paper 25 to 30 pages in length. Students can either pick a topic from a list provided or choose their own topic. [This seminar is not graded anonymously because the professor works with students on their writing project throughout the semester.] 3 units.
Credit 3 units. Law: GENUP, RW
LAW 702H Unjust Enrichment
The law of unjust enrichment deals with gains-based liability and gains-based recovery. It is often considered a residual category of private law, operating in those cases in which the more established fields of contract, tort, and property fail to provide an adequate solution. Knowledge of unjust enrichment rules and principles is thus necessary for any lawyer working in the areas of private and commercial law. Unjust enrichment doctrine is regularly invoked in a variety of cases: mistaken monetary transfers, rescue cases, services provided with no contract, and wrongfully obtained benefits, among others. Unjust enrichment doctrine is also closely related to concepts of equity, and to attempts to align law with morality, with all dangers and challenges involved. We will engage in a doctrinal and theoretical investigation of all these issues, and will also highlight possible innovations in the law of unjust enrichment, as well as the potential relevance of unjust enrichment doctrine to contemporary problems such as the climate crisis, the spread of fake news, generative AI training, and the opioid pandemic. Grades will be based on a final exam plus participation and attendance. 2 units.
Credit 2 units. Law: RW
Typical periods offered: Spring
LAW 7030 Seminar On First Amendment in Schools
Enrollment limit: 16. This seminar explores the theory and applications of the First Amendment to the school setting that has emerged since Tinker's famous dictum that neither students nor teachers shed their First Amendment rights at the schoolhouse gate. Possible topics include student newspapers, student speeches, religious expression (both free exercise and establishment dimensions), hate speech, compelled speech, the classroom environment, loitering ordinances, social media, student privacy, public employee speech, academic freedom, and political dissent. The seminar also integrates service learning, with an eye toward developing student teachers for the Marshall Brennan program (a spring practicum). Although formal participation in Marshall Brennan is not required, all seminar students will be required to meet weekly with area high school students to discuss aspects of the course content with them and to learn how these issues play out on the ground. Seminar grade is based on class participation (including the weekly meeting with high school students) and two 10-12 page writing assignments.
Credit 3 units.
LAW 7031 Law and Philosophy Seminar
Enrollment limit: 16. This course explores the role of tradition-dependent argument in law. The persuasiveness of legal arguments and the concepts, values, and language to which they appeal are in some ways conditioned upon our shared social and political practices. This view of the law is neither a rigid traditionalism nor an open-ended pragmatism, and it rejects both liberal and conservative appeals to abstractions like liberty, equality and morality. The principal texts for this course will be the major works of the philosopher Alasdair MacIntyre. We will pursue the legal implications of these ideas through other authors, including Aristotle, Edmund Burke, Gerald Postema, Jefferson Powell, Phillip Bobbitt, and Robert Cover. Written assignments will include one five-page summary paper and two ten-page reflection papers (integrating the course materials but not requiring outside research). Feedback on written work will focus on strength and clarity of argument and ability to synthesize and apply course themes. 3 units.
Credit 3 units.
LAW 7032 Digital Civil Liberties Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This readings seminar will focus on emerging issues of civil liberties in cyberspace, with special attention paid to freedom of speech and privacy in the age of social media. We will explore the potential and dangers of the Internet revolution in communications, and how it is affected by the activities of users, by companies like Google, Facebook, and Twitter, and by government attempts to restrain or shape the evolution of online activity through law. The course will be structured around discussions of principal readings of recent (and hopefully readable) books and articles. There will be three student papers required: two short 3-page papers due during the semester providing a critical review of one of the readings chosen by the student, and a longer 10-page paper due at the end of exams comparing and critiquing two or more of the principal readings. The instructor will provide writing feedback on the shorter papers to guide the drafting of the longer paper, with the goal of helping students write clearly about complex subjects. Grades will be a combination of the papers and class participation. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7033 Regulating Work Seminar
Enrollment: Limit 16. Drop deadline: 9:00pm the day after the first class meeting. [See IMPORTANT online registration instructions under Seminars header at the beginning of this section of the course directory.] This seminar explores the socio-legal significance of how we define work, using an interdisciplinary lens. The course will survey the justification for regulating work across a variety of doctrinal areas, asking which activities count as work for purposes of a particular regulatory goal, and why? What counts as income or compensation, and why? We will begin by considering the historical and sociological forces that have produced cultural norms around work. We will then focus on particular activities that have presented challenges to regulators. For example, when is an activity considered a hobby or leisure activity, and when is it income-generating work (in the eyes of the law)? Are brand trendspotters and campus brand representatives working? How can we distinguish volunteers from workers? Are student interns working? Suppose work is done out of a sense of altruism, to advance some exogenous social goal, or out of love-does it still count as work at law? Are unpaid caregivers working? Even within traditional employment relationships questions arise about what activities count as work. For example, is compliance with employer dress codes or appearance policies work? If doing so requires consuming the employer's fashions or products and modeling them, is that work as well? Is commuting part of working time? What about emotional labor or efforts designed to minimize the effects of lack of racial or class privilege in the workplace-do these invisible efforts represent labor? Many areas of law are implicated, including (but not limited to) labor and employment law, employment discrimination law, tax law and policy, and family law. Prior course work in one of these areas (particularly employment law will be helpful, but there are no formal prerequisites. Students will submit weekly 1-2 page reflection papers on assigned readings for the first half of the semester; participate in class discussions; and complete two 10-page papers on topics relating to the course: (1) an analytical essay focusing on assigned readings on which students will receive feedback and critique; students will also co-lead a class discussion on the topic along with the professor; and (2) a short research paper on a topic not covered in class. The second paper will be due on the date classes end, with opportunity for feedback and revision thereafter. Grades will be based 75% on written work, 25% on oral participation in class and the class presentation. 3 units.
Credit 3 units.
LAW 7034 Law, Religion, and Politics Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. What is the role of religious argument in politics and law? What kinds of arguments are advanced, and how do they differ from one another? Are some of these arguments more acceptable than others in a liberal democracy? This course will explore these questions through the work of legal scholars, theologians, and political theorists. Possible topics include the nature of violence and coercion in the law, constraints on public reason, the relationship between religion and government, and the nature of religious practice and tradition. The course grade will be based on class participation (including one ungraded five-page reaction paper) and a 20-25 page research paper that will be chosen in consultation with the instructor and require a rough draft mid-way through the semester. 3 units.
Credit 3 units. Law: GENUP, RW
LAW 7035 Intellectual Property Colloquium Seminar
Description TBA
Credit 3 units.
LAW 7036 Human Trafficking and Labor Migration Seminar
Enrollment limit: 16. This seminar will explore the economic, political, and social factors that contribute to human trafficking, the second largest international crime, and labor migration. In addition to exploring the underlying factors that contribute to human trafficking, the seminar will focus on legal strategies to help to eliminate human trafficking. This seminar coincides with a university-wide anti-human trafficking initiative that will bring several speakers and programs to the campus in fall 2010. Human trafficking involves the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjecting that person to involuntary servitude, sexual exploitation, peonage, debt bondage, slavery, or other forms of exploitation. Human trafficking includes domestic servitude, debt bondage, soldiering, organ trade, illegal adoption, forced prostitution, and forced labor. Approximately one million humans are trafficked every year and millions of humans - between 15 and 30 million, by various estimates - are currently in some form of bondage or slavery. The course will meet approximately every week throughout semester - usually at the regularly scheduled class time. There may be additional class meetings with speakers. Students will be expected to attend the public talks or watch the talks on the web. This is a 3 credit seminar course that satisfies the upper level writing requirement. Grading: The grade for the course is based predominantly upon a 20 page paper (not counting footnotes), worth 80% of the grade. Students will be expected to submit one draft prior to submitting the final paper, and they will receive feedback on the draft that will be useful to completing their final papers. Students also will be expected to write short reflection papers to the readings assignments and speakers. Students will have the opportunity toward the end of the semester to make short presentations of their papers to the class. The final grade will be adjusted for the quality of the reflection papers, questions presented in class, presentation of paper, and participation in the discussion sessions. These assignments are worth 20% of the grade. This course is not graded anonymously because the professor works with students on their writing projects throughout the semester.
Credit 3 units.
LAW 7037 Jurisprudence Seminar
This course provides a broad overview of jurisprudence as well as looks at concrete contemporary issues. The central theme will be to explore the implications of the rise and spread of an instrumental view of law in the U.S. legal tradition. The first few classes will focus on classic issues in legal philosophy, including the nature of law, natural law, liberal theory, and the rule of law. The final few classes will focus on contemporary theories and issues, including law and economics, critical legal studies, judicial appointments, legislative and administrative capture, etc. Students are required to write four papers during the semester, each 5 pages in length. The papers relate to the course material and class discussion. (These are not research papers.) Students may use ChatGPT or other artificial intelligence programs as a tool, but not to write their essay. (Further guidelines about AI will be provided in the first class.) The class is designed to help you hone your writing skills and ability to construct arguments, with detailed feedback provided on the papers. [BCCCR requirement: this course contains 3 hours of BCCCR instruction.]
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7038 Death Penalty Under International Law Seminar
Enrollment limit: 16. This seminar will explore the recent worldwide trend toward abolition of capital punishment from a transnational legal perspective. We will approach the issue through several distinct lenses. First, we will examine the use of comparative law in the gradual evolution of customary international law norms prohibiting the use of capital punishment, focusing in particular on the role of domestic constitutional courts and regional courts like the European Court of Human Rights. We will also examine transnational conflicts that arise between abolitionist and non-abolitionist countries, focusing in particular on the issue of extradition of criminal suspects to the United States from EU nations and other abolitionist countries. Finally, we will consider the possibilities and limitations of public international law approaches to abolition of the death penalty (e.g., treatymaking), and will examine the role of international organizations like the U.N. Human Rights Committee and the International Court of Justice in mediating transnational disputes involving capital punishment. The seminar will meet once a week for the first five weeks of the semester. Students will be expected to write a one- to two-page reaction paper to the reading assignments four times during the semester. For the remainder of the semester, students will work individually on research papers of approximately 15 pages in length. Attendance and participation in every class session is mandatory, and students will also be expected to meet occasionally over the course of the semester with Professor Waters to discuss and refine their research papers. There are no prerequisites for this seminar (though previous course work in international law, foreign relations law, and/or comparative constitutional law would be helpful).
Credit 3 units.
LAW 7039 Advanced Topics in Foreign Relations Law Seminar
Enrollment limit: 16. Drop deadline: 9:00pm the day after the first class meeting. In this writing seminar, each student will explore a contemporary legal problem in foreign relations law. Over the course of the semester, students will prepare and revise a paper, comparable in scope and quality to a law review note, of no more than 30 pages. Students will choose paper topics at the beginning of the semester, with the help and guidance of the instructor. With instructor approval, students may write on any topic in foreign relations law. General areas of potential research include, but are not limited to, the distribution of foreign affairs powers between the President and Congress, legal issues surrounding the war on terror, the role of courts in adjudicating foreign affairs cases, treatment of enemy combatants and other detainees, the incorporation of international treaty law and customary international law into U.S. law, the role of the 50 states in foreign affairs law, the relationship between the federal and state governments in foreign affairs, and the extraterritorial application of the U.S. Constitution and of U.S. laws overseas. Students must obtain instructor approval of their paper topics before beginning work. Each paper will progress from topic selection to a detailed written outline, to at least two drafts of no more than 30 pages each. We will meet formally as a group at the start of the semester, and will reconvene later in the semester as the need arises. Students will also have mandatory meetings with the instructor over the course of the semester. Students will receive significant individualized feedback after completion of the first draft. There are no formal prerequisites for this course, but students who have not taken a course in foreign relations law or international law may need to do some additional work at the beginning of the semester to familiarize themselves with basic concepts. Grades will be based on a weighted average of the first and final drafts, with heavy point penalties for unexcused missed deadlines. (This seminar is not graded anonymously because the professor works with students on their papers throughout the semester.) 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7040 Game Theory & the Law Seminar
Enrollment limit: 16. Drop deadline: 9:00pm the day after the first class meeting. Game theory is the study of strategic behavior. In many situations, the best choice depends on the strategy of others. In a plea bargain, for example, the prosecutor makes his offer anticipating whether the defendant will accept or reject. The defendant, in deciding whether to reject, anticipates whether the prosecutor will come back and make an even lower offer. Game theory provides the tools for analyzing such complex and common situations in the law. The seminar will be structured in two parts. In the first half of the semester, we will use specific legal examples to learn the following game theory concepts: Nash Equilibrium, Subgame Perfect Equilibrium, and Perfect Bayesian Equilibrium. In the second half of the semester, we will consider how legal scholars have used (and misused!) game theory in the study of legal doctrine. Written Assignments: Grades will be based on weekly reaction papers to the assigned readings. There will be no reaction paper for the first day of class, leaving a total of twelve reaction papers. Each reaction paper should be three to five pages in length. In the first half of the semester, the reaction paper should take a concept learned through the readings and ask how that concept might be applied to a different area of law or policy. The objective of these papers is for students to explore the tools of game theory. Each paper should (1) describe the legal problem or doctrine at issue; (2) describe why game theory is an appropriate lens through which to study the legal problem or doctrine; and (3) demonstrate what new insights can be from this analysis. In the second half of the semester, the reaction papers will take the form of critique of a scholarly article. Students might, for example, assess the validity of the explicit assumptions underlying the author's argument or point out and question the implicit assumptions the author is making. I will provide feedback on each reaction paper, but there will be no rewriting. Instead, the students should take the feedback and try to improve on the next week's assignment. For students that wish to discuss their papers in more detail, I will make room in my schedule for individual student/faculty conferences. These conferences will not be mandatory, but available at the student's discretion. There are no prerequisites for this course. 3 units.
Credit 3 units. Law: GENUP, RW
LAW 7041 Regulating Sex: Historical & Cultural Encounters Seminar
Enrollment limit: approx. 10 law students + 10 social work students. Drop deadline: 9:00 pm the day after the first class meeting. Emphasizing culture, society, and the ways both change over time, this seminar will examine sexuality, social work, and law as discourses and as regulatory instruments. In particular, the seminar will consider how law and social work do and do not regulate sexual practice, norms, and values, inequalities, and hierarchies and how, in turn, these sexual forces shape law and social work. This explicitly interdisciplinary course uses materials from law, social work, literature, and popular culture and contrasts conventional legal analysis with feminist and other frameworks, including queer theory, social constructionism, intersectionality theory, and symbolic interactionism. Possible topics covered include the impact of the history of Americaâ?Ts slave economy on sexual values and practices, sexual violence and efforts to reduce it (on campus, in the military, in the home, and elsewhere), different understandings of sexual pleasure, the medicalization of sex, traditional marriage and various alternatives, pregnancy, sexual initiation and education, sex research, and sexual citizenship. Professor Susan Appleton from the School of Law and Professor Susan Stiritz from the George Warren Brown School of Social Work will co-teach the seminar. Enrollment will include a mix of law students and social work students, with joint JD-MSW students especially welcome. Law students will become acquainted with sources, methodologies, and frameworks that highlight the dynamic relationship between culture and law, privacy and legal regulation, and power and sexual citizenship. Social work students will become acquainted with the language of law, assumptions underlying legal regulation, and law's aspirations and shortcomings. All students will have opportunities to converse across disciplines, to perform multidisciplinary research, and to use both personal experiences and imagination to enrich understanding. The seminar will meet weekly for two hours, and class discussion of assigned readings will form a significant component of the course. Students will write a research paper, in which they will rethink and rewrite parts during the semester, after feedback from the instructors. Law students will receive writing credit for the seminar. This course is cross-listed with the Brown School 3 units.
Credit 3 units. A&S IQ: HUM, WI BU: HUM EN: H Law: GENUP, RW
LAW 7042 International Taxation Seminar
Enrollment limit: 16. This seminar will include both a classroom component and an individual writing project component. Major seminar objectives are: 1) to develop an understanding of basic tax policy applicable to cross-border and international transactions; and 2) to develop and enhance research and writing skills. The first several weeks of the seminar will include assigned readings on selected topics in international taxation, which may include: source of income; the taxation of foreign persons' United States trade or business income; non-business income from United States sources; the role of tax treaties; the foreign tax credit; and Subpart F and other anti-deferral mechanisms. A 20-25 research paper will be required. Paper topics can be either on an issue of international tax policy relevant to current international tax reform or on issues relevant to the taxation of particular cross-border transactions. Students will select a research paper topic upon consultation with the professor. All students will be expected to exchange and critique other student papers. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester).
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7043 Slavery Seminar
Enrollment limit: 16. Drop deadline: 9:00pm the day after the first class meeting. [See IMPORTANT online registration instructions under Seminars header at the beginning of this section of the course directory.] Description TBA. 3 units.
Credit 3 units. Law: GENUP
LAW 7044 Contract Drafting Seminar
Enrollment limit: 16. Contract drafting requires much more than knowing the legal boundaries within which parties have to operate. Lawyers also need advanced writing skills and an in-depth understanding of the functions of contract types and terms. Attention needs to be paid to incentives, risks, transaction costs, the distribution of rents, and strategic and technical aspects. The first class offers a short introduction to the writing process itself, to the economic literature on contracts, and to the literature on contract drafting, broadly defined. In the remaining weeks, there will be no classes but students will meet regularly with the instructor and write a 30-35 pages long research paper. Students can either pick a topic out of a list or choose their own topic, but have to decide by September 15th. A first 30-pages long draft (with footnotes) is due on November, 1st. There are no prerequisites for this seminar (and in particular, no prior knowledge of economics or game theory is required). (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.)
Credit 3 units. Law: GENUP
LAW 7045 Advanced Topics in Freedom of Expression Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This seminar builds upon themes and delves more deeply into particular topics discussed in the course Speech, Press, and the Constitution. The seminar will consider particularly challenging problems related to the First Amendment's protections for free expression. The precise topics are yet to be determined. Past topics have included the First Amendment jurisprudence of the Roberts Court; the relationship between free expression and social power dynamics; and the central importance in First Amendment law of speech about political matters. Students' grades will depend primarily on a research paper of at least 25 pages. In the paper, the student will develop, articulate, and defend a thesis related to the course material. Students will complete an outline and a first draft prior to turning in their final papers. The instructor will meet with each student individually in the course of the semester to discuss progress on the paper. Students' presentations on their research will occupy the final third of the semester. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall
LAW 7046 Gender, Sex, and Law Seminar: Selected Topics
Enrollment limit: 16. [Note: Students will complete their papers for this Fall seminar in the Spring semester - see details below.] This seminar will explore selected legal topics in which gender or sex explicitly matters as well as those in which assumptions about or constructions of sex and gender remain unarticulated. After an introductory session examining recent literature challenging conventional understandings of sex and gender, the topics covered may include the following: the same-sex marriage debate, the law of parentage, abortion jurisprudence, gender performance in employment, the law of statutory rape (including recent cases involving sexual relationships between female teachers and young male students), the legal treatment of sexual pleasure, and the role of gender in law schools. The seminar will have regular class meetings to discuss assigned readings on such topics for about the first 2/3 of the Fall semester. Every student must write a paper exploring some topic related to the general theme of the course but not necessarily directly linked to one of the topics covered in the class meetings. (For example, relevant topics for papers might include surrogate-mother arrangements, sex work, sex education, immigration law's response to fear of female genital mutilation, single-sex schooling, an analysis of any issue informed by feminist legal theory, and countless others). More specifically, each student will be required to select a topic, to research this topic, and to write a paper on this topic (both a first draft and a more polished version after comments from the professor), in addition to participating in class discussions and sharing the paper topic with the class. Final grades will rest on all of these components. In order to allow students plenty of time for exposure to the assigned readings and class discussions before finishing their first drafts, these drafts will not be due until the end of the semester (although anyone will be free to submit his or her draft earlier). Individual feedback, in the form of written comments and a conference, will follow. By the grading deadline for the Fall semester, everyone will know whether he or she passed, based on the work submitted so far and conditioned on the submission of the final paper. The grade CIP (course in progress) will be provisionally entered. Students will then have some additional weeks to complete the revised paper. Thereafter, final grades will be calculated. Although students will be informed of their final grades during the Spring semester, no final grade for any student in the class will be officially posted until the end of the Spring semester. At that time, the final grade will replace CIP on the transcript for the Fall semester. This approach responds to my belief that a single semester (and now one that is 13, instead of 14, weeks) does not suffice for the completion of a first-rate paper. In all, students should not spend more hours on this seminar than they would if all elements of the course were confined to a single semester; instead, the same hours will be spread out, rather than concentrated.
Credit 3 units. Law: GENUP
LAW 7047 Advanced Negotiation Theory Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This advanced negotiation seminar will focus on the empirical and theoretical study of negotiation. It will be helpful for students taking the class to have previously taken a basic course in negotiation or its equivalent, as rudimentary knowledge of negotiation theory and practice will be assumed. The seminar will meet weekly and will offer an interdisciplinary perspective on the negotiation process, exploring negotiation from the perspective of law, psychology, and economics, including topics such as utility and game theory, cognitive biases, distributive and procedural fairness, and professional ethics. A final seminar paper in the course, along with an in-class presentation, will be required. The final grade will be based on in-class participation, the final paper, and the in-class presentation.
Credit 3 units. Law: FV, GENUP, RW
LAW 7048 Race, Public Education, & the Law Seminar
Enrollment limit: 16. Drop deadline: Monday, January 5, 2015. This 4 unit seminar will be part course-seminar and part service learning. It will meet twice a week in the spring semester. During the first half of the seminar law students will meet regularly at the law school to discuss the intersection of race, class, education and law in the United States. While most of the focus will be on public education at the elementary and secondary levels, students are free to explore these issues in higher education as well. Reading materials will focus on whether the right to an education should be guaranteed under the United States Constitution, whether states should be obligated to provide an adequate education and if so, how adequacy is determined, whether it is possible for all students to be educated on a equal basis, how public education is and should be funded, what remedies should exist, if any, when the state fails to provide an adequate education and the role that race, ethnicity and class should play in the integration of public school students. Law students will also meet weekly with a group of high school students. Law students will mentor these students, lead workshops on race, class and education matters and will eventually link up with adjunct professors to help prepare the high school students to argue a summary judgment motion, in an educational malpractice case, before sitting St. Louis judges in their courtrooms. These arguments will take place during the end of the spring semester and law students will be expected to attend. A draft, worth approximately 30% of the final grade, and a final paper, no more than 30 pages in length and worth approximately 45% of the final grade, are also required. The remaining 25% of the grade will be based on class participation (at the law school and at the high school) and attendance. 4 units.
Credit 4 units. Law: GENUP, RW
LAW 7049 First Amendment Theory Seminar
Enrollment limit: 16. This readings seminar will examine the foundations of modern free speech theory, focusing on readings from seven thinkers who have contributed significant and influential articulations of the need for strong protections for the freedom of expression: John Milton, James Madison, John Stuart Mill, Learned Hand, Oliver Wendell Holmes, Louis Brandeis, and Alexander Meiklejohn. Class meetings will be structured around principal readings from each of these thinkers, supplemented by historical and case materials that contextualize, implement, or challenge the principal readings. The course will be theoretical rather than doctrinal, and will require serious engagement both in and out of class with these ideas. Although the seminar is intended to satisfy the upper-level writing requirement, it will be structured along the lines of a graduate readings colloquium - the class will meet every week and the substantial writing assignments will require students to engage in critical oral and written analysis of the readings rather than supervised research. Readings will total approximately 1,000 pages over the course of the semester, and thorough class participation every week is required. Grades will be based upon a combination of class participation, oral presentations critiquing assigned reading materials, and two writing assignments (one three-page, one ten-page) in reaction to the readings. Please note that despite the relative shortness of the writing assignments, these will be challenging papers to write. The longer writing assignment, due at the end of the semester, will be to write a thoughtful and balanced critique of one of the principal texts. Prior coursework in the First Amendment area is suggested but not required. [This seminar is not graded anonymously because the professor works with students on their writing project(s) throughout the semester.]
Credit 3 units. Law: GENUP
LAW 7050 Public Interest Law & Policy Seminar
Enrollment limit: 16 (approx. 8 second-years/approx. 8 third-years). In 2007-08, the School of Law and the Clinical Education Program will present the tenth annual Public Interest Law & Policy Speaker Series. This seminar runs parallel with the spring portion of the series. Students in the course read about the visiting speakers and read selected works of the speakers, and then meet with the speakers to discuss their public interest practice and scholarship. If it can be arranged, students also may read works and meet with presenters from conferences being held at the law school in the spring. The goal is for students to read a range of material that will provide an overview of both public interest law and public interest lawyering. It is essential that students do the reading in preparation for the weekly meetings with the visitors; students are required to submit questions based on the readings in advance of each class. The course will meet approximately once a week throughout most of the semester - usually (but not always) at one of the two times indicated below. Inevitably, some of the class times will need to be adjusted to fit the schedules of the Public Interest Law & Policy Speaker Series speakers (and conference speakers). Thus, students MUST have some flexibility in their schedules to cope with the variations. Students also are required to attend the public talks or watch the talks on the web. In an attempt to keep the meetings with the visitors as informal as possible, the seminar is limited to an enrollment of 16, with 8 slots available to second year students. The grade for the course is based upon a 20 page paper that each student will write applying ideas drawn from the public interest practice and scholarship of one or more of the visitors to a new topic of the student's choosing. Students are expected to discuss an area of public interest law and demonstrate how public interest lawyering has (or has not) or might (or might not) transform that area of public interest law. The final grade will be adjusted for the quality of questions presented and participation in the discussion sessions with the visitors.
Credit 3 units. Law: GENUP
LAW 7051 Adoption & Assisted Reproduction Seminar
This seminar, which adds to the family law curriculum, examines the ways that law constructs our understanding of parenthood and the parent-child relationship. In particular, this course focuses on adoption and assisted reproduction, two ways to create families without sexual procreation. Coverage of adoption entails a review of its history as a child-welfare measure, examination of the adoption process, and consideration of the legal consequences of adoption (including variations such as equitable adoption, stepparent adoption, and second-parent adoption). Important and timely policy debates, such as adoptions by gays and lesbians, transracial adoption, confidentiality versus disclosure of adoption records, and open adoption, all receive attention. The course compares and contrasts adoption with its modern alternatives-- various forms of assisted reproduction (donor insemination, in vitro fertilization, egg donation, traditional and gestational surrogacy, and embryo adoption), methods of family creation used traditionally by infertile couples and, increasingly, by single individuals and gay and lesbian couples. Again, sharply contested policy issues are emphasized (such as parentage rules for children born from collaborative reproduction; the effect of private agreements; and the role of race, class, sexual orientation, and gender in assisted reproduction). For both adoption and assisted reproduction, coverage includes arrangements that cross state and international boundaries, such as intercountry adoptions and reproductive tourism. Special events include student observation of judicial adoption proceedings celebrating Adoption Saturday in St. Louis County and a visit from a reproductive endocrinologist to discuss the medical practice of assisted reproduction. This seminar requires regular class preparation and attendance as well as a first draft of a seminar paper, a one-on-one meeting to discuss the draft, and a final version of the paper.
Credit 3 units. Law: GENUP, RW
LAW 7052 Comparative Legal Ethics Seminar
Enrollment limit: 16. This course is part of the Ethics Curriculum. Students in this course will write a research paper of publishable quality in the field of legal ethics. An emphasis will be placed on paper topics which compare U.S. legal ethics approaches with the approaches in other countries. Students will be expected to research legal ethics regimes in at least one other country in addition to the United States. Mechanics and Writing Requirement: The class may meet as a group on a weekly basis for a substantial part of the semester to discuss course readings. Students will be expected to read assigned materials, and participate actively in class discussion. Students may also be required to make presentations based either on their paper topics or comparative material necessary for the successful analysis of issues discussed in their papers. Each student will meet individually with the instructor to discuss the topic selection for his or her paper, and each student will need to turn in a research proposal, an outline, a preliminary draft, and the final, revised, version of the paper (30-40 pages in length). The instructor will meet with students individually to discuss progress on the papers, and students will receive written and oral feedback on the preliminary draft. Although there are no prerequisites, students taking this course should already understand U.S. legal ethics issues, preferably through taking Legal Profession or some other legal ethics course. If a majority of students enrolling in this Seminar have not had a U.S. legal ethics course, the first six or seven weeks of the semester will focus on an overview of U.S. legal ethics issues and may include a short mid-term exam, which will count for 25% of the final grade in the course.
Credit 3 units. Law: GENUP, WKND
LAW 7053 War, War Crimes and Crimes Against Humanity Seminar
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. This seminar focuses on the jurisprudence of the ad hoc international criminal tribunals and the International Criminal Court. We will study their methods of legal reasoning, substantive law and procedures. Students will read a series of groundbreaking international cases as well as readings from scholars; films and guest speakers will supplement the readings. Students will prepare a research paper based upon a case of their own choosing that raises an interesting problem or set of questions in international criminal law. The seminar will meet regularly except during a three week period during which students will work on their first drafts, and have individual conferences on their papers. In addition to the paper, each student will do a presentation on their case to the class, worth 20 % of the final grade. The seminar's purpose is to permit students to deepen their knowledge of international criminal law while at the same time offering extensive guidance in how to research, write (and rewrite) an excellent research paper. Instruction in international legal research will also be provided. For the past few years, one or more papers from this class have been published in law reviews. A prior course in International Law, International Criminal Law, or some other international law course is helpful, but is not a pre-requisite for this course. The use of laptops and other electronic devices is not allowed in class without special permission from the instructor. Attendance and participation are required. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7054 Advanced Topics in Securities Law Seminar
Enrollment limit: 16. This will be a three credit writing seminar in Advanced Topics in Securities Regulation. Students must have completed or be simultaneously enrolled in Securities Regulation. This seminar will meet on a regular weekly basis. For the first several weeks we will focus on a series of specific advanced topics such as proposed changes in the mandatory disclosure system or accounting regulation. Students will present papers during the last few weeks of the course.
Credit 3 units.
LAW 7055 Reorganization Seminar
Drop deadline: 5:00 p.m. the day after the first class meeting. NOTE: Students who took the Business Reorganizations upper-level course are not eligible to take this class. This course will be taught jointly by Professor Keating, David Farrell of Thompson Coburn and David Going of Armstrong Teasdale. The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. The instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for 2 hours each session, with a 10-minute break in the middle. The pedagogical objectives of the class include improving the students' persuasive writing, their knowledge of Chapter 11 bankruptcy law, and their ability to think on their feet. Attendance and preparation are both required. Students' grades will be determined by their performance on two 10-page written assignments and by their participation in class discussion. 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Spring
LAW 7056 Employment Discrimination Seminar
Enrollment limit: 20. This course focuses on employment discrimination and legal efforts to prohibit its practice, with particular emphasis on discrimination on the basis of race, sex, sexual orientation and disability and, to a lesser extent, age and religion. The course, which satisfies the upper-class seminar writing requirement, incorporates an assessment model of learning, based on written and non-written work, and some of the assignments will involve team work. The course examines the relevant doctrine of employment discrimination law, focusing primarily on federal employment discrimination statutes but occasionally considering more expansive antidiscrimination protections under some state statutes and local ordinances. The course considers the basic legal frameworks for proving discrimination as well as specific situations that may or may not fit into those frameworks, including the intersection between race and sex, pregnancy and family responsibilities, harassment, and reasonable accommodation of individuals with disabilities. Attendance and preparation are required. Grades will be based on your written work and class participation, and may be affected by attendance.
Credit 3 units.
LAW 7057 Topics in Law and Economics
This seminar provides an advanced treatment of topics in law and economics. The course will cover the classic insights (the Coase theorem, liability and property rules, basic tort, contract, and property doctrines from an economic perspective). It will also tackle newer insights from the literature, including the application of game theory to settlement and the development of common law precedent. Each week class will involve a detailed discussion of two or three articles from the literature. The assignment will be a reaction to the readings, in the form of a two or three page essay. The essay might apply the insights to new matters or critique the application in the literature. No prior knowledge of economics or advanced math is required for this course.
Credit 3 units. Law: GENUP, RW
LAW 7059 Topics in Global Monetary and Fiscal Law Seminar
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. This seminar will explore advanced topics in global monetary and fiscal law and policy. Some of the topics that will be addressed include: 1) central bank digital currencies, 2) digital taxation and global digital public goods, 3) taxation and development, 4) role of multinational institutions in monetary and fiscal policy, and 5) global carbon taxes. The grade in the seminar will be based primarily on a research paper of 25-30 pages, the quality of which should be comparable to a law review article. Each student will develop a paper topic based on assigned readings, class discussions, and consultation with the instructor. General areas of potential research include, but are not limited to, any of the topics mentioned above. (This seminar is not graded anonymously because the professor works with students on their papers throughout the semester.) 3 units.
Credit 3 units. Law: GENUP, RW
Typical periods offered: Fall, Spring
LAW 7501 Appellate Clinic
Open to 3L and 2L J.D. students. In the Appellate Clinic, students brief and argue cases in the United States Courts of Appeals. The Appellate Clinic primarily represents clients in pro bono, court-appointed cases involving civil rights or criminal appeals, but the Clinic can handle all manner of federal appeals. Students work on all aspects of the appeal. This includes regular client interaction, intensive analysis of the record, substantial legal research, and drafting, revising, and finalizing appellate briefs. In most cases, one student will also have an opportunity to present oral argument to the court. And in addition to the Clinic's primary casework, students may have an opportunity to draft an appellate amicus brief. The Appellate Clinic also involves a weekly classroom seminar in which students learn various aspects of appellate practice, including advanced writing techniques, best practices for case management, federal appellate procedure, judicial decision-making, and Supreme Court practice. Towards the end of the semester, all students will present moot oral arguments during the classroom seminar. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 16, 2025.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester; 7 credits (298 total hours) or 8 credits (340 total hours). The Appellate Clinic Seminar is on Wednesdays from 10:00 am - 11:52 am. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 6-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7502 Community Justice and Mediation Clinic
Fall Semester Only. Open to 3L and 2L J.D. and MSW students. The Civil Rights, Community Justice & Mediation Clinic introduces students to civil rights and dispute resolution law, policy, and practice from a community-based perspective. The Clinic focuses on housing, health, and education discrimination; economic instability; and related civil rights and community issues. For decades, the Clinic has worked closely with Legal Services of Eastern MO (Neighborhood Advocacy Program, Consumer Program, Education Justice Program, and Youth & Family Advocacy Program), a major St. Louis legal services provider that protects the civil rights of individuals in these client communities. The Clinic also collaborates with US Arbitration & Mediation, other legal services providers, and local government offices. Clinic students engage in individual representation, interviewing, counseling, and representing a minimum of five clients/community projects each during the semester. Clinic students also provide class representation on behalf of these client groups through multiple community lawyering strategies, including impact litigation, legislative drafting and advocacy, media advocacy, policy development, court reform, and community legal education ("street law"). Clinic students also assist with a minimum of five eviction mediations each in St. Louis County Pro-Se Housing Court and in the community, in conjunction with the St. Louis Mediation Project, coordinated by the Clinic for 15 years. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor. For 6 credits, students must work a minimum of 255 hours over the course of the semester. For 8 credits, students must work a minimum of 340 hours over the course of the semester. A course from the ethics curriculum is a pre- or co-requisite (unless waived by the instructor). The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50).
Credit 6-8 units. Law: FV, LCU, RW
Typical periods offered: Fall, Spring
LAW 7503 Criminal Justice Clinic
Open to 3L and second-semester 2L J.D. students eligible for Missouri Supreme Court Rule 13 student practice certification. This clinic provides real life lawyering experience with the criminal justice system at the state trial level and will work under the supervision of the faculty member teaching this course. The student's primary experience will be to serve as a Rule 13 certified attorney with the St. Louis County office of the Missouri Public Defender, the second largest criminal defense office in the state. The goal is for each student to: (1) conduct at least two, and hopefully more, preliminary hearings in felony cases; (2) conduct bond reduction negotiations and, when necessary, hearings for persons awaiting trial; (3) participate in multiple aspects of pending felony cases, such as brainstorming the theory of defense; researching and writing motions, briefs, and/or jury instructions; interviewing possible defense experts; preparing deposition questions for prosecution witnesses; and, if possible, (4) take primary responsibility for preparing at least one misdemeanor case for trial. In addition, students may observe depositions and the entering of guilty pleas, participate in probation revocation hearings, and second-chair a felony trial (which essentially means that the student will assist with all aspects of preparation for trial and issues that arise during trial, and that the student will sit beside the defendant and lead counsel during the trial, but the student will not take a witness, conduct voir dire, or participate in opening statements or closing arguments during the felony trial). The lawyering skills students will use and develop include: problem solving, legal analysis and reasoning, legal research, factual investigation, client interviewing and counseling, communication skills, negotiation, litigation skills, organization and management of legal work, and recognizing and resolving ethical dilemmas. Because different types of hearings take place in the morning while other hearings take place in the afternoons, each student must have at least two mornings (8:45 - noon) and two afternoons (1:15 - 5:00) Mondays through Thursdays free to be in the clinic. Students will also meet as a class at the Public Defender's office (and occasionally at the law school) from 3:30-5:50 p.m. on Wednesdays. Students who have completed Evidence, Pretrial, Trial, a course from the ethics curriculum, and Criminal Procedure: Investigation may receive preference. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Student will not be allowed to drop any law clinic without good cause and the instructor's permission. Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester; 7 credits (298 total hours) or 8 credits (340 total hours). The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 6-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7504 Congressional and Administrative Law Externship
Open to 2L and 3L J.D. students. Involves working for a semester in a Congressional office, administrative agency, or nongovernmental organization (NGO) in Washington, D.C. Admission to the program is by application only and occurs in February of the academic year preceding the externship. Placement process: Students will collaborate with the instructor during the semester prior to their placement to select and secure an appropriate position. Congressional placements: In these roles, students will engage in professional staff work such as research, writing on legislation, and attending Congressional hearings, mark-ups, and floor debates. A background course in legislation is recommended. Administrative agencies: Students will be placed within federal administrative agencies where they will perform professional staff work, observe rule-making decisions, public advising, and court/administrative case handling. A course in Administrative Law is recommended, along with courses related to the specific agency subject area. NGO Placements: Opportunities are also available at various NGOs, matching students' areas of interest. Eligibility & Requirements. Students may only enroll in one clinic, externship, or supervised practicum per semester. Students must be in good academic and disciplinary standing both in the semester prior to and during the externship. The externship has a different drop deadline than other Law School courses. Dropping the externship requires good cause and the instructor's permission. Course Credit: This externship is graded on a credit/no credit basis. Students earn 8 credits for part-time remote work and 12 credits for on-site full-time work. Note: Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 8-12 units. Law: LCU, NDRLLM
Typical periods offered: Fall, Spring
LAW 7505 Intellectual Property Clinic
Open to 2L and 3L J.D. students. The Intellectual Property Clinic offers students an experience in the practice of intellectual property law. By assisting clinic clients, students have the opportunity to continue developing their understanding of intellectual property law and applying that understanding in real-world situations. The clinic provides an opportunity for students to increase their familiarity with each of the various areas of intellectual property law and the relationship between these areas while assisting entrepreneurs in the local community. Students will be working on matters that may include but are not limited to copyright, patent, right of publicity, trademark, and trade secret matters. As a pre- or co-requisite for enrolling in the clinic, students must take at least two intellectual property law courses from among the law school’s IP course offerings. The clinic participates in the Law School Clinic Certification Program of the U.S. Patent and Trademark Office (USPTO) for both patents and trademarks. Clinic students participate in this program and obtain limited recognition with the USPTO which grants students the ability to communicate with examiners and sign directly on matters before the USPTO. To participate in the patent portion of the program, students must be eligible to sit for the patent bar exam. All students who are not eligible for the patent bar exam will receive limited recognition practice numbers for the Trademark portion of the USTPO’s program only. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor, depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1-8 units. Law: HT, LCU, RW
Typical periods offered: Fall, Spring
LAW 7506 First Amendment Clinic
Open to 2L and 3L J.D. students. Students in the First Amendment Clinic represent clients in matters implicating the freedoms of speech, press, and assembly and the right to petition the government. Students will have the opportunity to use and develop legal skills including interviewing and counseling clients; conducting fact investigations and third party interviews; completing legal research on complex issues relating to First Amendment and/or Section 1983 case law; drafting court filings, such as complaints, motions, or other briefs; drafting and responding to discovery requests; planning case strategy; and engaging in written and/or oral advocacy. Students must spend a minimum of 255 total hours on clinic-related matters for 6 credits (about 20 hours/week on average), or, with permission of the instructor, may enroll for 7 credits (298 total hours) or 8 credits (340 total hours). Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 6 units (8 with permission of instructor).
Credit 6 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7507 Government Lawyering Externship
Open to 2L and 3L J.D. students. Students in the externship will be assigned to work in either the U.S. Attorney's Office for the Eastern District of Missouri (EDMO) in downtown St. Louis or the U.S. Attorney's Office for the Southern District of Illinois (SDIL) in Fairview Heights. Subject to the availability of supervising attorneys, students may elect to work in the Criminal Division, the Civil Division, or a combination of both. Students are required to spend a minimum of 16- 24 hours per week over the 13-week semester working at their assigned office or on externship-related work. Students assigned to the USAO for the SDIL must commit to a minimum of 18 hours per week. For students in the Criminal Division, the course provides opportunities to gain exposure to all facets of criminal investigation and prosecution, including victim/witness interviews, agent meetings, the drafting of charges, discovery, motion practice, and trial and appellate work. Students in the Civil Division assist with a range of activities, including witness interviews, the drafting of pleadings and discovery requests, document analysis, motion practice and depositions, and do appellate work. Students enrolled in this externship will be required to submit to and pass an FBI security clearance, for which they will have to complete extensive paperwork months in advance of the beginning of the semester. Students who have taken Evidence, Criminal Procedure, Corporate & White-Collar Crime, and a course from the ethics curriculum may receive preference. Certification under student practice rules (Rule 13 in Missouri, Rule 711 in Illinois) is not required, but may be useful. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] This course is graded on a credit/no credit basis. 4-6 units. Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 1-6 units. Law: LCU, NDRLLM
Typical periods offered: Fall, Spring
LAW 7508 Immigration Law Clinic
Open to 2L and 3L J.D. students. The Immigration Law Clinic provides real-life lawyering experiences representing clients in immigration proceedings. Students work with clients on immigration matters such as family-reunification, applications for asylum and other humanitarian relief, applications for permanent residence and employment authorization, deportation defense, appeals, and naturalization. Students represent non-citizen clients before US Citizenship and Immigration Services, Immigration and Customs Enforcement, the State Department, and at the Executive Office for Immigration Review, including possible appearances before the Immigration Court. The objective of this clinical course is to teach lawyering skills that are essential to the practice of immigration law and transferable to other areas of law. The lawyering skills students will use and develop include: problem solving; legal analysis and reasoning; legal research; factual investigation; client interviewing and counseling; oral and written communication; negotiation; litigation; organization and case management; cross-cultural lawyering; trauma-informed lawyering; and recognizing and resolving ethical dilemmas. A weekly seminar class , a weekly team supervision meeting, and regular client and case-related meetings are required. There will also be a clinic orientation on the weekend prior to the start of classes. Immigration Law or US Refugee & Asylum Law is a pre-/co-requisite for this clinic. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor, depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). [BCCCR Requirement: this course contains 2 hours of BCCCR instruction.]
Credit 1-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7509 Interdisciplinary Environmental Clinic
Open to 2L and 3L J.D. students. The Interdisciplinary Environmental Clinic (IEC) functions as a pro bono law practice working on environmental law, environmental justice, and community health cases, tackling some of the most challenging and important water, air, waste, climate change, and environmental racism problems in the region. Students will engage in complex, multi-party litigation and advocacy as part of an interdisciplinary team. Law students may be partnered with students from the engineering, arts & sciences, medical, public health, business, and/or social work schools. During the course of the semester, students will learn about public interest law while working on behalf of nonprofit organizations and under-represented communities. Previous experience or interest in environmental issues is not required and there are no pre- or co-requisites. Students will work on civil and administrative litigation; advocacy; legislative and regulatory work (through briefs, memoranda, and comment letters); and strategic planning. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 6 units (8 with permission of instructor). [BCCCR Requirement: this course contains 3 hours of BCCCR instruction.]
Credit 1-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7510 International Justice and Conflict Resolution Externship
Open to 2L and 3L J.D. students. Enrollment limited. This course provides students opportunities to learn international criminal and civil law practice, conflict resolution, legal advocacy, and professional responsibility while externing with international judges; lawyers practicing before international courts and tribunals; and lawyers in government offices, NGO's, legal services providers, or international arbitration and conflict resolution offices such as the UN. Students engage in extensive legal research and fact investigation; draft legal memoranda relevant to cases under submission by the courts and policy reports for government offices; interview clients, witnesses, and relevant constituencies; and participate in negotiations, mediations, hearings, trials, and other proceedings. The course enhances students learning in international and comparative criminal and civil law and practice, conflict resolution theory and practice, client representation and advocacy, and professional responsibility. Students must apply and secure their placements before being accepted. Prior to the beginning of each externship, the supervising faculty member, student, and externship supervisor will negotiate an agreement (learning contract) as to the specific nature of the tasks the student will perform in her/his placement, the number of weeks, and the number of hours to be worked each week. In addition to the individualized learning agreements, the course includes required reading specifically geared to the work of the placement; a required pre-trip orientation; reflective journals submitted weekly by students that are reviewed by the faculty supervisor, who provides feedback to the students; regular contact between the faculty member and field supervisors during the semester; and a ten page paper at the conclusion of the course, in which the student addresses an issue of law, policy, or practice relevant to the placement, in light of the reading material and the student's experiences. Placement offices include international organizations, government offices, and NGO's to which students have applied and been accepted, or placements which our students or faculty have worked before or with supervisors with whom the instructors have professional contacts. Depending on the placement, preference will be given to students who have taken relevant courses (or comparable experience), e.g., International Criminal Law, War Crimes Seminar, International Human Rights Law, International Law, and Negotiation and Dispute Resolution courses. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in this course. The clinics/externships have a different drop deadline than other Law School courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission. 8 units remote; 12 units on-site. Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 8-12 units. Law: FV, LCU
Typical periods offered: Fall, Spring
LAW 7511 Judicial Clerkship Externship
Open to 2L and 3L J.D. students. NOTE: This externship requires a cumulative GPA of at least 3.40. This externship offers students structured, hands-on exposure to civil and criminal litigation from the judicial perspective. Students work part-time under the supervision of state or federal trial judges. Students perform extensive legal research; draft a series of legal memoranda or orders relevant to cases under submission to the judge, and observe hearings, trials and other court proceedings. The course provides an opportunity for students to develop advanced legal research and writing skills. To receive 3 credits, students must work a minimum of 128 hours and produce a minimum of 30 pages of research and writing. To receive 4 credits, students will be required to work a minimum of 170 hours and produce a minimum of 40 pages of research and writing. There is no scheduled class but students must attend an orientation and regularly scheduled individual meetings with the course instructors and must submit weekly time logs. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission. This course is graded on a credit/no credit basis. 3-4 units. Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 1-4 units. Law: LCU, NDRLLM
Typical periods offered: Fall, Spring
LAW 7512 Lawyering Practice Externship
Open to 2L and 3L J.D. students. This externship enables students to work part-time in the St. Louis metro area for course credit, developing substantive legal skills under the supervision of licensed attorneys in government, nonprofit, and corporate legal departments. Skills and areas of focus will vary by placement; externs will gain experience with the civil, criminal, transactional, or regulatory work of their supervising attorneys. Students must participate in the placement process, attend an orientation, complete reflective journal assignments, maintain time sheets, and meet regularly with their assigned course instructor. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. Once students have accepted an externship placement, students may drop the externship course only with the instructor's permission. Students may enroll for 3-6 credits: 128 total hours for 3 credits (about 10 hours/week); 170 hours for 4 credits (about 13 hours/week); 213 for 5 credits (about 16 hours/week); and 255 for 6 credits (about 20 hours/week). This course is graded on a credit/no credit basis. Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 1-6 units. Law: LCU, NDRLLM
Typical periods offered: Fall, Spring, Summer
LAW 7513 Low Income Taxpayer Clinic
Open to 3L and 2L J.D. students. The Low Income Taxpayer Clinic (LITC) provides students with a client forward opportunity to develop real-life lawyering skills working as student attorneys under faculty supervision on tax-related legal issues. Students will represent low-income taxpayers in disputes with the Internal Revenue Service (IRS), including possible appearances before the Tax Court. A student's primary experience will be to perform the tasks of advising and advocating on behalf of low-income taxpayer clients. Students will also be exposed to the legal and ethical problems that attorneys face in practice. In this clinic, students can expect to engage in: problem solving; legal analysis and reasoning; legal research; factual investigation; client interviewing and counseling; oral and written communication; negotiation; litigation; organization and management of legal work; and recognizing and resolving ethical dilemmas. In addition to individual supervision meetings, students must attend a weekly seminar. Students are required to have either taken or be simultaneously taking Federal Income Tax. This is a clinic that involves extensive client interaction. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The clinic seminar will be held on Wednesdays from 10:00 am - 11:52 am. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50).
Credit 6-8 units. Law: LCU, NSM, RW
Typical periods offered: Fall, Spring
LAW 7514 New York City Regulatory and Business Externship
Open to 3L and 2L J.D. students. Student and instructor collaborate during the semester preceding the student's placement in making office selection and applying to individual offices for a position. In this externship, students work with legal offices in New York City learning first-hand about the practice of business associations and regulation in the nation's largest city. The externship allows students to work under the direction of attorneys in a variety of nonprofit, government, and in-house counsel offices having an emphasis on business associations and regulation. Examples of potential placements include positions with the Financial Industry Regulatory Authority (FINRA), New York Attorney General's Office, and in-house counsel office for large businesses. These externships expose students to nonprofit and business associations, as well as regulatory environments, and help students gain a level of experiential training and learning that will allow a more rapid transition to practice. Pre-requisite: successful completion of all first year courses. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in this externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission. This course is graded on a credit/no credit basis. 8 units remote; 12 units on-site. Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 8-12 units. Law: LCU, NDRLLM
Typical periods offered: Fall, Spring
LAW 7515 Post-Conviction Relief Clinical Practicum
Open to 2L and 3L J.D. students. This clinical practicum provides students with instruction in the laws and policies governing post-conviction relief in capital and life without parole cases coupled with lawyering experience in handling ongoing cases in Missouri and other capital jurisdictions. During class sessions on Tuesdays from 1:00 pm- 2:52 pm, the course will examine legal and policy issues involved in capital post-conviction litigation. The readings and class discussion will provide not just the doctrine in post-conviction cases, but also address the ways lawyers can use their skills to challenge convictions and sentences. Doctrinal and practical facets to be covered in the classroom portion are expected to include: death penalty constitutionality; overview of law and procedure in state courts; "evolving standards of decency" and exclusion of intellectually disabled and juveniles; the roles of juries; entitlement to the effective assistance of counsel; state post-conviction procedure; and federal habeas corpus relief. The majority of the student's course time will be spent working with the instructors, practicing attorneys in the field, on post-conviction cases. This hands-on legal work will provide students with the opportunity to develop lawyering skills such as interviewing, fact development and analysis, problem solving, legal research and writing, organization and management of legal work, and professionalism. In addition to the reading and classroom portion of the course, students are expected to work a minimum of 16 hours each week on their assigned cases for a total of about 20 hours per week. There are no pre-/co-requisites but Criminal Procedure is recommended. Students are financially responsible for their own transportation and parking, as needed. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 16, 2025.] For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50). [BCCCR Requirement: this course contains 3 hours of BCCCR instruction.] 6 units
Credit 6 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7516 Prosecution Clinic
Open to 3L and second-semester 2L J.D. students eligible for Missouri Supreme Court Rule 13 student practice certification. Prosecution Law Clinic students work part-time in the St. Louis County Prosecutor's Office or in the St. Louis City Circuit Attorney's Office (in the Carnahan Courthouse in downtown St. Louis). Students have the opportunity to handle, or assist experienced prosecutors in handling, the prosecution of state-level crimes in the County or City of St. Louis while also gaining exposure to the legal and ethical problems that prosecutors face in practice. The clinic operates out of the St. Louis County Prosecutors Office (co-directed by Tom Smith who leads the felony team and Brooke Hurst working with the sexual assault/child abuse team) or The City of St. Louis Circuit Attorney's Office (co-directed by Rob Huq the General Felonies Trial Unit Leader and Tanja Engelhardt the Violent Crimes Unit Leader).Students in this clinic can expect to engage in: problem solving; legal analysis and reasoning; legal research; factual investigation; witness interviewing and preparation; oral and written communication; litigation; organization and management of legal work; and recognizing and resolving ethical dilemmas and the prosecutor's special responsibilities. In addition to case work, students must attend a weekly seminar. Students are required to devote 3.5 hours per week, on average, for every credit hour earned. Students who have completed courses in evidence, pretrial, trial, professional responsibility, and criminal procedure may be given preference. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. Students may request a preference as to which office they are assigned, but there is no guarantee that the student will be assigned to their preferred office.[Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 16, 2025]. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The weekly seminar will take place on Thursdays from 4:00 pm - 5:52 pm in the City and Tuesdays from 10:00 am - 11:52 am in the county. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F 2.50). 6 units (8 with permission of instructor). [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 6-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7517 Semester in Practice Externship
Open to 3L and 2L J.D. students. This externship allows students to spend a semester working under the direction of an approved attorney-supervisor in a government, non-profit, or corporate in-house law office located outside the St. Louis area. This externship offers students a supervised professional experience in a different geographic area while also allowing them to focus on a field of practice that builds on classroom experiences. Through observation, participation, and reflection, students will improve their legal knowledge and professional skills, making possible a more rapid and successful transition to practice in their post-graduate careers. Students who are interested in this externship must complete an application, explaining how the placement fits into the student's overall educational program. Where a placement office has not been previously approved, proposing and obtaining approval of that office is part of the student's post-application obligation. Ultimately, the placement site also has to accept the student as an extern and agree to certain conditions. The School's approval process for a placement office includes a review of the nature of the work the student would perform and of the attorney who would be the student's field supervisor. The office must commit to the educational goals of the externship, to providing the student with relevant work assignments and on-going feedback, and to communicating throughout the placement with the faculty supervisor. In addition to the work commitment at the placement office, students are required to participate in meetings (usually via electronic means) with the faculty supervisor during the placement, to submit reflective journal entries, and to provide regular reports of their hours and activities. There is a mandatory pre-semester orientation. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in the externship. Students in the United States on an F-1 Visa who register for an externship course are required to submit a Curriculum Practical Training (CPT) authorization form to the University’s Office for International Students and Scholars (OISS) and obtain that office’s approval prior to beginning their externship. Failure to obtain CPT authorization prior to the beginning of the externship could result in changes to a student's F-1 Visa status. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] This course is graded on a credit/no credit basis. 8 units working remotely; 12 units on-site or hybrid on-site/remote. Credits from this course count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component.
Credit 8-12 units. Law: LCU, NDRLLM
Typical periods offered: Fall, Spring
LAW 7518 Corporate Judicial Externship
Enrollment very limited and competitive. Students enrolled in the Corporate Judicial Externship will work in the office of Vice Chancellor Glasscock of the Delaware Supreme Court. Students will be supervised by VC Glasscock, an adjunct member of the Washington University Law faculty, who will provide them with contemporaneous feedback on projects. Students will draft memoranda, engage in legal research, attend arguments, and complete other tasks as assigned by VC Glasscock. The placement will provide students with the opportunity to improve their lawyering skills, including writing and analysis, to increase their knowledge of corporate law and its development, to observe legal arguments, and to develop their professional values and sense of the profession. Students will receive 1 hour of course credit for each 4 hours of work per week in Chambers for no fewer than 13 weeks, up to a maximum of 10 credit hours (40 hours of work per week) for 13 weeks. Students may earn up to a maximum of 12 credits by extending the number of weeks in Chambers and working the requisite number of hours (each additional credit hour requires 52 hours of work). Students may also complete a Supervised Research project with Professor Sale, or another member of the faculty, for up to an additional three credits. Corporations is a pre-requisite for participation in the Corporate Judicial Externship. [NOTE: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. Withdrawal Policy: once a student has been offered and accepted this placement, the student cannot drop. Credits from this externship do not count toward the 67 Law Classroom Units (LCUs) required for the J.D. degree. 10-12 units
Credit 12 units. Law: LCU, NDRLLM
LAW 7519 Wrongful Conviction Clinic
Open to 3L and 2L J.D. students. The Wrongful Conviction Clinic will provide students the opportunity to work in the representation of persons who have been convicted of crimes in Missouri, and occasionally in neighboring states, who have credible claims of innocence. Students may also have the opportunity to represent incarcerated individuals challenging unconstitutional conditions of confinement and unconstitutional sentencing. Students will work in partnership with clinic lawyers to investigate and litigate cases in state post-conviction and federal habeas proceedings, parole proceedings, and occasionally civil rights litigation in federal and state court. This work provides dynamic real-life lawyering experience and immersive training for diverse practical lawyering skills. The Clinic operates out of the MacArthur Justice Center office and is co-directed by Tricia Bushnell, Megan Crane and Shubra Ohri. Students are financially responsible for their own transportation and parking, as needed. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 16, 2025. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The weekly seminar will take place on Mondays from 3:00 pm - 4:52 pm The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50). 6 units (8 with permission of instructor). [BCCCR Requirement: this course contains 5 or more hours of BCCCR instruction.]
Credit 6-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7520 Entrepreneurship Clinic
Open to 3L and second-semester 2L J.D. students. The Entrepreneurship Clinic provides students with hands-on training in legal practice related to for-profit and nonprofit entrepreneurs, startups, and social enterprises. Typical Entrepreneurship Clinic activities include: forming for-profit business entities (limited liability companies, corporations, etc.); forming nonprofit corporations and assisting with applications for tax-exempt status; drafting, reviewing, and negotiating business agreements; advising companies on capital-raising strategies; and advising companies regarding corporate structure and corporate governance. Entrepreneurship Clinic students are encouraged to have taken or be concurrently taking courses relating to business organizations. Students must spend a minimum of 255 total hours on clinic-related matters for 6 credits (about 20 hours/week on average), or, with permission of the instructor, may enroll for 7 credits (298 total hours) or 8 credits (340 total hours). Students must be certified under Missouri Supreme Court Rule 13 (eligible after completing one-half of the credits required for graduation). [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students that are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] This course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 6 credits (up to 8 with permission of instructor). There is no final exam. [BCCCR Requirement: this course contains 2 hours of BCCCR instruction.]
Credit 6-8 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7521 Veterans Law Clinic
Open to 3L and 2L J.D. students. The Veterans Law Clinic assists veterans who cannot otherwise afford the services of an attorney in requesting upgrades of veterans' discharge characterization, requesting correction of veterans' military records, pursuing character of discharge determinations with the Department of Veterans Affairs, filing claims for federal veteran benefits, and appealing denial of such claims. Representation may include written and oral advocacy before discharge review boards, boards for correction of military records, the Department of Veterans Affairs, and the Board of Veterans’ Appeals. Students can expect to conduct legal research, analyze administrative regulations, interview clients and witnesses, collect evidence, build a client's case file, engage in oral and written advocacy, and draft pleadings. There are no prerequisites or corequisites. In addition to individual supervision meetings, students must attend a weekly seminar. There will be a clinic boot camp the weekend prior to the start of classes (to be announced). [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 16, 2025.] The weekly seminar will take place on Thursdays from 10:00 am - 11:52 am.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50).
Credit 1-8 units. Law: LCU, RW
Typical periods offered: Fall
LAW 7553 Criminal Justice Clinic - Credit
This course number is used for the units that are graded Credit/No Credit when a student taking this clinic for more than 6 units earns a grade of HP (3.94) or LP (2.98). Per Faculty Rules, no student in an eligible clinic can receive more than 6 units of HP (or LP).
Credit 2 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7555 Entrepreneurship and Intellectual Property Clinic - Credit
This course number is used for the units that are graded Credit/No Credit when a student taking this clinic for more than 6 units earns a grade of HP 3.94 or LP 2.98. Per Faculty Rules, no student in an eligible clinic can receive more than 6 units of HP or LP.
Credit 2 units.
Typical periods offered: Fall, Spring
LAW 7556 Prosecution Clinic-Credit
This course number is used for the units that are graded Credit/No Credit when a student taking this clinic for more than 6 units earns a grade of HP94 or LP78. Per Faculty Rules, no student in an eligible clinic can receive more than 6 units of HP94 (or LP78).
Credit 2 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7557 Corporate Judicial Externship (Holland)
Enrollment very limited and competitive. Students enrolled in the Corporate Judicial Externship will work in the office of Justice Randy Holland of the Delaware Supreme Court. Students will be supervised by Justice Holland, an adjunct member of the Washington University Law faculty, who will provide them with contemporaneous feedback on projects. Students will draft memoranda, engage in legal research, attend arguments, and complete other tasks as assigned by Justice Holland. The placement will provide students with the opportunity to improve their lawyering skills, including writing and analysis, to increase their knowledge of corporate law and its development, to observe legal arguments, and to develop their professional values and sense of the profession. Students will receive 1 hour of course credit for each 4 hours of work per week in Chambers for no fewer than 13 weeks, up to a maximum of 10 credit hours (40 hours of work per week) for 13 weeks. Students may earn up to a maximum of 12 credits by extending the number of weeks in Chambers and working the requisite number of hours (each additional credit hour requires 52 hours of work). Students will also earn an additional 2 credit hours for the classroom component taught by Justice Holland, which usually will be through attendance, participation, and successful completion of a course taught by Justice Holland at Widener Law School. Grading for the placement and for the classroom component will be Credit/No Credit and will appear on the transcript under one entry, Corporate Judicial Externship. Students may also complete a Supervised Research project with Professor Sale, or another member of the faculty, for up to an additional three credits. Corporations is a pre-requisite for participation in the Corporate Judicial Externship. [NOTE: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. Withdrawal Policy: once a student has been offered and accepted this placement, the student cannot drop. Credits from the externship portion of this course do not count toward the 67 Law Classroom Units (LCUs) required for the J.D. degree. If the student takes the 2 unit course at Widener School of Law taught by Justice Holland, those 2 units will count toward the 67 LCUs.] 10-12 units.
Credit 12 units. Law: LCU, NDRLLM
LAW 7600 Advanced Clinic: Interdisciplinary Environmental Clinic
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Spring
LAW 7601 Advanced Clinic: Intellectual Property and Nonprofit Organizations Legal Clinic
Enrollment limited and by professor invitation only.
Credit 3 units. Law: HT, LCU, RW
Typical periods offered: Spring
LAW 7602 Advanced Clinic: Civil Rights, Community Justice & Mediation Clinic
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7603 Advanced Clinic: Low Income Taxpayer Clinic
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7604 Advanced Clinic: Appellate Clinic
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7605 Advanced Clinic: Prosecution Clinic
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7606 Advanced Clinic: Children's Rights Clinic
Enrollment limited and by professor invitation only.
Credit 3 units. Law: LCU, RW
Typical periods offered: Spring
LAW 7607 Advanced Post-Conviction Relief Clinical Practicum
Enrollment by professor invitation only.
Credit 1-3 units. Law: RW
Typical periods offered: Spring
LAW 7608 Advanced Clinic: Urban Revitalization Clinical Practicum
Enrollment limited and by professor invitation only.
Credit 3 units. Law: LCU, RW
LAW 7609 Advanced Clinic: First Amendment
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Spring
LAW 7610 Advanced Clinic: Wrongful Conviction
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Spring
LAW 7611 Advanced Clinic: Entrepreneurial and Intellectual Property Clinic
Enrollment limited and by professor invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Spring
LAW 7612 Advanced Clinic: Immigration Clinic
Enrollment by invitation only.
Credit 1-3 units. Law: LCU, RW
Typical periods offered: Fall, Spring
LAW 7719 Prosecution Clinic - Credit
This course number is used for the units that are graded Credit/No Credit when a student taking this clinic for more than 6 units earns a grade of HP 3.94 or LP 2.98. Per Faculty Rules, no student in an eligible clinic can receive more than 6 units of HP or LP.
Credit 2 units.
LAW 8000 Introduction to U.S. Law and Methods I
[Enrollment open only to LLM students who earned their first law degree outside the US and exchange students; visiting scholars, international judges, and JSD students may audit.] This is the first in a sequence of two courses designed to introduce distinctive aspects of the U.S. legal system. Rather than mastery of legal doctrine, the goal is to learn how law is made, found and enforced in the U.S. The objective is to learn partially by assuming the role of a U.S. lawyer resolving problems related to, but significantly distinct from, case precedent. Methods instruction also covers the mixed system of code based and common law, the judiciary and judicial system, the Supreme Court and the Constitution, and effective formats, citation and style for written communication with U.S. educated lawyers. In written comments and personal conferences as well as in class discussion, professors emphasize prediction of probable court holdings through analysis and synthesis of judicial decisions and statutes as well as the use of fact argument and analogical reasoning. Instruction in the research process includes how to locate, update and evaluate varied sources of U.S. and international law. The research classes and homework prepare students for the final, open-research problem, on which the course grade is primarily based. Students meet 3 hours per week with Profs Greenhaw and Koby for methods/writing classes and 1 hour per week (for 8 weeks) with Prof. Luo. [Students are pre-registered for either Research Lab A or Research Lab B; students who have other course conflicts with their section assignment may request to be switched to the other section, space permitting.] Final grading is based on revised drafts previously discussed with the professors and therefore is not anonymous.
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 8001 Intro to U.S. Law & Methods II
[Enrollment open only to international LLM and exchange students; visiting scholars, international judges, and JSD students may audit.] Prerequisite: Intro to U.S. Law and Methods I. This is the second in a two course sequence of instruction and practice in distinctive aspects of U. S. law and methods begun in the fall. The goal remains to learn how law is made, found and enforced in the U.S.; the objective is to do so by assuming the role of a U.S. lawyer who researches, analyzes and persuasively argues a case. The hypothetical problem is designed to illustrate distinctive aspects of U.S. constitutional law and federalism, and is set in federal court. Problem resolution entails understanding judicial constitutional review powers as well as substantive doctrine, oral and written client advocacy and the analysis of U.S. Supreme Court opinions. The course seeks to illustrate the dominating role of federal constitutional law and the U.S. Supreme Court in the development of U. S. law. Research and persuasive writing instruction, including individual conferences on drafts, is included. Grading is based on revised drafts previously discussed with professors and therefore is not anonymous. Grading basis: Modified Pass/Fail system.
Credit 1 unit.
Typical periods offered: Fall, Spring
LAW 8002 Foundations of Law
This 1 unit January Intersession course is a mandatory course for exchange students and for international LL.M. students who are beginning their studies at WU Law in the Spring semester. J.S.D. students and visiting scholars may be eligible to participate in the program with the instructor's permission. This course will focus on producing a written research memorandum and a client letter in a case involving a corporate setting. Students will progress through the various stages of composing a client memorandum and learn how to apply U.S. legal reasoning and writing principles. Oral presentation of related research activities and a group presentation of the legal analysis will complement the written assignments. There will be at least two 20 minute meetings scheduled for each student to discuss their writing and oral presentation with the instructor. The final grade on this course will be based on the written research memorandum, client letter, and oral presentation (class attendance, preparation, and participation may be taken into consideration) as well as a final exam that will consist of composing a brief legal memorandum on one of the issues discussed in class. The final exam will be given as a take-home exam distributed via MyLaw on Friday, Jan. 10 and is due by 8:00am on Tuesday, Jan. 14, via MyLaw. Students taking this course will be registered by the Law School Registrar's Office.
Credit 1 unit.
Typical periods offered: Spring
LAW 8003 Foundations of Law
[Enrollment open only to international LLM and exchange students; visiting scholars, international judges and JSD students may audit.] This course is designed to introduce LLM students to US civil procedure and contracts. The course will be run using the Socratic method. Students are expected to participate in class discussions and will be called on at random. In addition to learning principles behind these areas of law, the course will provide instruction in how to succeed in a US law school class.
Credit 1 unit.
Typical periods offered: Fall
LAW 8004 Intensive Legal English Writing and Reading I
This course is the first in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's office. This course is designed to cover Legal English writing and reading, including case briefing, memo writing, and composing other legal writing for law classes, such as notes and outlines. This course is aimed at reinforcing reading and writing skills for law school studies as well as for professional client communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
Typical periods offered: Fall, Spring
LAW 8005 Intensive Legal English Communication Skills I
This course is the first in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's Office. This course is designed to cover Legal English communication, including classroom participation, note-taking, client interview, moot courting. This course is aimed at strengthening speaking and listening skills that are vital for successful participation in the law classroom and in professional legal communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
Typical periods offered: Fall, Spring
LAW 8006 Intensive Legal English Writing & Reading II
This course is the second in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's office. This course is designed to cover Legal English writing and reading, including case briefing, memo writing, and composing other legal writing for law classes, such as notes and outlines. This course is aimed at reinforcing reading and writing skills for law school studies as well as for professional client communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
Typical periods offered: Fall, Spring
LAW 8007 Intensive Legal English Communication Skills II
This course is the second in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's Office. This course is designed to cover Legal English communication, including classroom participation, note-taking, client interview, moot courting. This course is aimed at strengthening speaking and listening skills that are vital for successful participation in the law classroom and in professional legal communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
Typical periods offered: Fall, Spring
LAW 8008 Intensive Legal English Reading/Writing Skills
This course is designed for non-native English speakers who will enter the LL.M. program at Washington University School of Law in the Fall. The goal of this course is to ground students in the reading and writing skills used to study law in the United States, and thus prepare them for the challenging environment of Washington University School of Law. Students who succeed in this course will achieve the following learning outcomes: develop skills needed to be able to effectively and efficiently read, understand, and summarize legal cases; learn how to synthesize legal cases and apply the law to new cases; write a clear legal argument that appropriately cites sources; learn and appropriately use grammatical structures most common in legal writing; master legal vocabulary required for this course and learn strategies for continuing legal vocabulary acquisition.
Credit 3 units.
Typical periods offered: Fall, Summer
LAW 8009 Intensive Legal English Listening/Speaking Skills
This course is designed for non-native English speakers who will enter the LL.M. program at the Washington University School of Law in the Fall. Emphasis will be placed on building students' listening and speaking skills for academic purposes in the context of the study of law in the United States. Students who succeed in this course will achieve the following learning outcomes: improve their ability to understand lectures and discussions about law-related topics; learn how to effectively and efficiently take notes during a law lecture; improve their ability to speak fluently and intelligibly about law-related topics; build the skills needed to perform well in client interviews, debates, negotiations, and oral arguments; learn a wide range of legal vocabulary and strategies for continuing legal vocabulary acquisition; and gain a better understanding of American culture, particularly related to law school and legal practice in the United States.
Credit 3 units.
Typical periods offered: Fall, Summer
LAW 8010 Research Design
This course is limited to students enrolled in the JSD program.
Credit 2 units.
Typical periods offered: Fall, Spring
LAW 8015 Thesis Seminar
This seminar consists of weekly seminars on different topics of legal scholarship. Students are expected to participate through attendance, course readings, in-class participation, and occasional presentation of their own research. Students will be evaluated on the basis of such participation, as well as on their individual thesis progress. The course is restricted to students in the JSD program.
Credit 1.5 units.
Typical periods offered: Fall, Spring
LAW 8050 Contracts
This course explores the enforceability and interpretation of binding promises that we call contracts, the remedies for breach of contract, and the justifications that preclude contract performance, such as fraud, mistake and unconscionability. The basic question addressed is this: which promises can (and should) be enforced through legal sanctions?
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 8051 Torts
This course is open to LLM and MLS students only. Liability for intentional or accidental injuries to persons or property. This course is part of the first year JD curriculum.
Credit 3 units.
Typical periods offered: Spring
LAW 8052 Legal Profession
[This course is open to LLM, MLS and Exchange students only.] The goal of this course is to understand the ethical dilemmas practicing lawyers face and to bridge the cultural gap faced by foreign-trained lawyers in understanding the U.S. legal profession's values of providing competent legal representation and promoting justice and fairness. The course will examine the nature and types of lawyer regulation, attorney-client relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. The course will primarily address the ABA Model Rules of Professional Conduct but also consider ethical duties under common law and other sources of authority. The course will be taught through pre-recorded lectures on each chapter and in-person classes consisting of problem analysis and discussion. This 3-credit course has 2 hours of in-person class time and 1 hour of asynchronous lectures per week. Regular class attendance and viewing of the asynchronous lectures are required. Grades will be based on a series of graded quizzes and a limited open-book final exam (students may only use their copy of the ABA Model Rules of Professional Conduct).
Credit 3 units.
Typical periods offered: Fall
LAW 8053 Consumer Protection Law
Enrollment Limit: 30 Drop Deadline: Fri. Aug. 31, 2018, 9:00pm. This course is available to online immersion students only. This course meets Friday, Sept. 21 through Sunday, Sept. 23, 2018. This course covers the development of consumer protection laws in the United States that began under the common law of tort and contract in the nineteenth century and has since developed into a complicated patchwork of statutes enforced by federal and state regulatory authorities. We will examine the evolution of consumer protection law in the United States and focus on the practical application and enforcement of various federal consumer protection laws by the two main federal enforcement agencies, the Federal Trade Commission and the Consumer Financial Protection Bureau. This course will provide students with an understanding of the important concepts of unfair or deceptive trade practices, consumer credit law, and privacy issues from multiple viewpoints, including businesses regulated by consumer protection laws and the regulatory authorities. This course is designed as a mixture of lecture and discussion formats in which students will learn to apply the rules, laws, concepts, and principles of consumer protection laws to various real-life fact patterns involving the design and marketing of a regulated product or service.
Credit 1 unit.
Typical periods offered: Fall
LAW 8054 Advanced Legal Writing
NOTE: This course is only open to LLM and MLS students at the law school. As described below, students will be required to draft a significant number of written assignments in a very short time frame during this advanced legal writing course. As a result, a strong foundation in written English is highly recommended for students taking this course. Description: The purpose of this course is to provide students with exposure to and practice in various types of legal writing and legal drafting they will likely encounter in practice, including adversarial writing, non-adversarial factual writing, and opinion writing. Class time will be spent developing skills pertinent to each area of writing and participating in workshop activities that will prepare students for their writing assignments. Grades for this course will be based on weekly writing assignments. There will not be a final exam. 2 units.
Credit 2 units.
Typical periods offered: Spring
LAW 808 Client Interviewing & Counseling Competition
The Client Interviewing & Counseling Competition simulates a law office consultation in which students, acting as attorneys, conduct an initial interview with a person playing the role of the client. Students are called upon to embrace the role of lawyer by explaining various aspects of the attorney-client relationship, building rapport, ascertaining the new client's concerns and goals, and preliminarily considering applicable areas of law and options available to the client. After the meeting, students are expected to reflect upon and evaluate the interview as they consider next steps in the representation. This course is open to all graduate non-JD students (LLM, MLS and JSD). Students earn 1 credit and the course is graded CR/NCR. To receive credit, students must attend the required substantive seminar before the competition and compete in all rounds of the competition.
Credit 1 unit.
Typical periods offered: Fall
LAW 824A Congressional Investigations
This course will explore the law governing Congress's investigative powers and introduce students to the practical challenges lawyers face when navigating these investigations on behalf of clients. Students will examine the legal organization of congressional investigative committees, constitutional limits on what they can investigate, the tools at their disposal, and remedies they have for noncompliance. The course will also cover how congressional investigative authority interacts with the law of evidentiary privilege, the First Amendment, and (in the case of investigations of the Executive Branch) the separation of powers. Grades will be based on a take-home examination, and may also take class participation, professionalism, and attendance into consideration. To facilitate an engaged discussion, electronic devices will not be permitted. This course will meet in person on 9/6, 9/27 and 11/8. It will meet for two hours on Zoom on 10/11.
Credit 1 unit. Law: RW
Typical periods offered: Fall
LAW 8300 Practical Issues in Wealth Planning and Drafting
Where theory crosses with practicality. This course involves the implementation of basic and advanced estate and wealth planning concepts. Such concepts will include marital deduction formulas, power of appointments, generation-skipping transfer tax, potential issues of fiduciary litigation, estate planning for retirement assets, the grantor trust rules and trust administration. Additionally, this course will assist students in understanding interviewing clients and formulating estate plans. Throughout this class, students will be given opportunities to implement and formulate estate plans for hypothetical scenarios. Students will have a good understanding of various estate and wealth planning documents, including simple wills, wills with testamentary trusts, various types of trusts, health care and financial powers of attorney, and various other ancillary documents. This course will also discuss issues relating to funding trusts. There will be a final exam involving analyzing a taxable estate, summarizing the estate planning issues that exist in a format easily understood by a typical client and then drafting a set of basic estate planning documents. Estate & Gift Taxation or Trust & Estates shall be a prerequisite for this course. This course will be a good pre-requisite for the spring class Estate Planning and Drafting: Advanced Topics. [JD students taking this course will receive a letter grade which will not calculate into their JD GPA. JD students must request approval to take this course only if: 1) student has not previously taken, or is requesting not to be required to take Federal Income Tax concurrently, or, 2) student has already taken three total Graduate Tax Courses. The approval form is at http://law.wustl.edu/Registrar/forms/PermissionforJDtotakeLLMTaxcourse.pdf.]
Credit 3 units. Law: NSM, RW
LAW 8301 Practical Strategies and Drafting in Estate Planning
This course will focus on practical estate planning and drafting techniques, integrating the basics of the federal transfer tax system (gift, estate, and generation-skipping taxes). Courses in estate and gift taxation and trusts and estates provide a good background for students interested in this practical course. The planning portion of this course will be taught from various sources, including instructor-generated outlines, which cover the basics of estate planning, as well as commonly used estate planning techniques, including marital deduction planning, charitable planning, insurance planning, and advanced trust planning. The drafting portion of this course will focus on basic client estate planning skills, common drafting techniques, and problems and suggested solutions. Students will participate in the design of an estate plan and then review and discuss the various legal documents used in the typical estate planning process. Class time will be devoted to a discussion of the planning techniques. The grade for the course will be based primarily on a final examination, which focuses on the planning concepts discussed in class; and a portion of the grade may be based on student participation and class meetings. Attendance is expected. The examination will cover what is discussed in class. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission from Dean Sarah Narkiewicz. Please note that a course on estate and gift taxation or trusts and estates is a prerequisite for J.D. student enrollment. JD students will receive a letter grade that will not calculate into their GPA.]
Credit 2 units. Law: NSM, RW
Typical periods offered: Spring
LAW 8302 Corporate Taxation
This course involves an intensive study of the statutes, regulations, and case law governing the taxation of corporations. Topics covered include the tax consequences of corporate formation and capital structure, distributions to shareholders, redemptions, liquidations, and taxable dispositions of stock and assets. The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods. Students who have not taken the basic tax course (Federal Income Tax) will be at a marked disadvantage as compared to students who have taken the course. Students with prior experience or background in corporate tax may be an exception. Attendance and preparation are required and sanctions will be imposed on serious offenders. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission and will receive a letter grade which will not calculate into their JD GPA.] See Registrar/Forms: Permission for a Non-LL.M. Tax Student to Take Graduate Tax Course.
Credit 3 units. Law: NSM, RW
Typical periods offered: Fall
LAW 8303 Accounting for Tax Lawyers
This course is designed to introduce the basic concepts of tax accounting and financial disclosure to tax lawyers with little to no prior exposure to accounting. Emphasis will be on the contents of standard financial statements and accounting dialect (debit and credit). The course will examine the legal consequences of accounting decisions and the lawyer's role in financial statement analysis. The final part of the course will focus on applying tax accounting concepts in the legal setting, including responding to auditor inquiries, asset valuation issues, and corporate equity issues. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.] See Registrar/Forms: Permission for a Non-LL.M. Tax Student to Take Graduate Tax Course.
Credit 3 units. Law: NSM, RW
Typical periods offered: Fall
LAW 8304 Tax Considerations in Choice of Legal Entity
This class starts promptly at the time indicated (not at 8 minutes after the hour). Students who have taken Tax Planning for Real Estate Investments: Select Issues, W77-723B, are not eligible to take this class.] An introduction to the federal partnership (LLC), C corporation, and S corporation tax regimes. Emphasis will be placed upon the most significant differences between the tax treatment of the three entities and under what circumstances one of the choices may be favored over the others. Having taken the courses on corporate tax and partnership tax, or taking them concurrently with this course, is helpful but not mandatory. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA. See Registrar/Forms: Permission for a Non-LL.M. Student to Take Graduate Tax Course.]
Credit 1 unit. Law: NSM, RW
Typical periods offered: Fall
LAW 8305 Advanced Domestic & International Estate Planning
This course will consider the income, gift and estate tax issues facing non-resident alien individuals investing in, or moving to, the United States, and of United States citizens investing or working outside the United States. In addition, this course will consider expatriation as a factor in estate planning; the income taxation of foreign trusts and their beneficiaries, including a study of the new grantor trust rules and the new rules on residence of trusts; a comparison of foreign trusts to other foreign entities; the problems of the multi-country estate; an analysis of current United States estate tax treaties; and related issues. This course will also address some advanced planning techniques related to domestic estates.
Credit 3 units.
LAW 8306 Federal Tax Procedure
This course will examine the administrative and judicial procedures for resolving federal tax disputes. Covered topics will include: Organization of the Internal Revenue Service, legal and ethical responsibilities of tax practitioners, administrative appeals procedures, Tax Court litigation, civil penalties, statutes of limitation, and collection procedures. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.] See Registrar/Forms: Permission for a Non-LL.M. Tax Student to Take Graduate Law Course.
Credit 3 units. Law: NSM, RW
Typical periods offered: Fall
LAW 8307 Income Taxation of Estates & Trusts
The course will survey subchapter J of the Internal Revenue Code, which deals with the income taxation of trusts and estates. Subjects covered will include an analysis of the concepts of fiduciary accounting income, distributable net income and taxable income, distributions in kind, terminating distributions, income in respect of a decedent and the grantor trust and separate share rules.
Credit 3 units. Law: NSM
LAW 8308 Introduction to Tax Credits and Development Incentives
[NOTE: This course will have six two-hour meetings- January 13, 27, February 3, 10, 17, 24. This will be announced at the beginning of the course. There will be a short take-home exam. Exam pick up will be on Friday, Feb. 28 and exam return on Monday, March 3] Drop Deadline: 9 p.m. on the first day of class. Students are encouraged to have taken Federal Income Taxation or Partnership Taxation as a prerequisite. The course will provide an overview of what tax credits and development incentives are and how they work, including an analysis of tax issues relating to the various credits and incentives (review of cancellation of debt, general mention of choice of entity and partnership allocation issues, true debt and lease classification). In addition, students will be provided with a basic introduction to Federal Historic Tax Credits, Federal New Markets Tax Credits, Federal Low-Income Housing Tax Credits and an overview of Missouri tax credits and economic development incentives. [Any Non-Tax LL.M. students interested in taking this course must receive special permission from Dean Sarah Narkiewicz, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 1 unit. Law: NSM, RW
Typical periods offered: Spring
LAW 8309 Tax Fraud Investigations and Prosecutions
This course will examine how criminal tax fraud cases are investigated and prosecuted. Topics covered include a general survey of the Title 26 and Title 18 criminal statutes related to tax fraud, how to deal with revenue and special agents during the audit or investigation, IRS procedures involving evidence gathering, IRS and Department of Justice review of tax fraud cases, grand jury procedures, methods of proof and trial procedures, sentencing guidelines, civil considerations involved in the criminal case, money laundering, currency violations, and handling of cases involving foreign bank accounts. [JD students interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 3 units. Law: NSM, RW
Typical periods offered: Spring
LAW 8310 Independent Research and Writing Tax Seminar
Credit 3 units. Law: NDRLLM, NSM
Typical periods offered: Fall, Spring
LAW 8311 Advanced Executive Compensation
Attracting the right executives to the right jobs at the right companies is not always an easy task, even in today's challenging economy. A well designed compensation package that provides the right mix of salary, benefits, and short and long term incentives, will assist your corporate clients in recruiting, retaining and rewarding top executive talent. During this course, you will learn to: (1) define employer and executive objectives, (2) use various types of plan designs (equity plans, traditional non-qualified deferred compensation plans, insurance funded plans) to meet those objectives, (3) understand the advantages and disadvantages of each type of plan design and be able to communicate them to your client, (4) informally finance the plan, if necessary, to create winning solutions for your client. We will also discuss the constraints based on these plans by the Internal Revenue Code and ERISA. Through the use of a case study, students will have the opportunity to apply what they learn by designing a compensation package for a new client. [JD students will receive a letter grade, which will not calculate into their JD GPA. JD students interested in taking this course must receive special permission from Professor Narkiewicz and risk being dropped from the class without this permission. The request form is located at: http://law.wustl.edu/Registrar/forms/PermissionJDtotakeGraduateTaxCourse2014.pdf]
Credit 3 units. Law: NSM, RW
LAW 8312 Research & Writing in Tax Seminar
In 2001, Congress passed and the President signed the Economic Growth and Tax Relief reconciliation Act of 2001, which is viewed by many as the largest tax cut to be enacted since 1981. This course will meet once a week for the first three weeks of the semester to survey some of the significant elements of the Act as they pertain to the Federal Estate, Gift and Generation-Skipping Transfer Taxes, and to discuss some of the general principles of tax policy. Each student will then be required to select a paper topic based on some portion of the Act (the paper need not be related to the Federal transfer taxes), research the topic, prepare a draft paper on the topic and a final paper on the topic which is at least 30 pages in length.
Credit 3 units. Law: NDRLLM, NSM
LAW 8313 Tax-Exempt Organizations
This class will analyze tax aspects of tax exempt organizations and is designed to cover issues that attorneys in a tax related practice may encounter. This class covers several tax-related issues applicable to organizations exempt under Section 501(c) of the Internal Revenue Code, including issues related to the organization, qualification, and governance of tax-exempt organizations. The course will also cover tax-related issues applicable to public charities, including classification, lobbying and political campaign activities, private inurement and excess benefit, and unrelated business income. In addition, the course will cover tax-related issues applicable to private foundations, including self-dealing, minimum distribution requirements, excess business holdings, jeopardizing investments, and taxable expenditures. Finally, the course will analyze the income and estate tax planning issues that arise when forming a tax exempt entity, including a study of the formation of Charitable Remainder Trusts, Pooled Income Funds, Gifts of a Remainder Interest in a Personal Residence, Charitable Gift Annuities, Charitable Lead Trusts, Private Non-Operating Foundations, Private Operating Foundations, and Supporting Organizations. Included in this analysis are issues that arise when drafting the documents. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.
Credit 3 units. Law: NSM, RW
Typical periods offered: Spring
LAW 8314 State and Local Taxation
This course provides an in-depth overview of the state and local taxation of businesses and individuals. Topics include state corporation income taxes, franchise taxes, state sales and use taxes, real and personal property taxes, and state and local personal income taxes. The course also includes a survey of common state and local tax procedures, and state and local tax related constitutional issues. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA. See Registrar/Forms: Permission for a Non-LL.M. Tax Student to Take Graduate Tax Course.]
Credit 3 units. Law: NSM, RW
LAW 8315 Intro to U.S. Taxation of Foreign Income
The course examines jurisdiction to tax, source of income, allocation of expenses, foreign tax credit mechanism, foreign tax credit limitation, transactions between related companies, tax favored transactions, organization/reorganization of entities involved in foreign jurisdictions and other related topics. [JD students interested in taking this course must receive special permission, and will receive a letter grade, which will not calculate into their JD GPA.]
Credit 3 units. Law: NSM
LAW 8316 Estate and Gift Taxation
This course, which also includes a review of the Generation-Skipping Transfer Tax and related Federal income tax provisions, is intended to introduce the student to the basic concepts of the Federal wealth transfer tax scheme (or to serve as a refresher course for those who have been away from the topic for a few years). The course syllabus follows pertinent provisions of the Internal Revenue Code, covering the contents of Chapters 11, 12, 13 and 14, reviewing the statutory and regulatory provisions therein, cases applying those statutory provisions, and incorporating an analysis of how these rules apply to commonly used estate planning techniques. The goal of the course is to provide a basic understanding of the concepts involved in Federal wealth transfer taxation that will facilitate study in the other wealth transfer courses offered in the LLM program. The instructor currently believes that these basic concepts will retain validity and utility in 2011 and subsequent years, barring presently unforeseen developments (such as a complete repeal of the Federal wealth transfer taxation system as it now exists, a development which looks increasingly unlikely). [ JD students interested in taking this course must receive special permission, and will receive a letter grade, which will not calculate into their JD GPA.]
Credit 3 units. Law: NSM
LAW 8317 Corporate Tax Planning Seminar
Credit 3 units.
LAW 8318 Advanced Corporate Tax: Tax-Free Mergers & Acquisitions
An exploration of tax-free mergers and intercompany restructurings, with an emphasis on the application to business transactions. Class is lecture and problem-based and involves close analysis of the Internal Revenue Code and Treasury Regulations. The course will also have a required writing component. This writing component will generally include drafting an analysis of the tax consequences of an acquisition transaction. The course will specifically address tax principles applicable to (i) taxable acquisitions, (ii) reorganizations under Section 368(a) of the Internal Revenue Code, and (iii) single party reorganizations. [Any Non-Tax LL.M. student interested in taking this course must receive special permission, and will receive a letter grade, which will not calculate into their JD GPA.]
Credit 3 units. Law: NSM, RW
Typical periods offered: Spring
LAW 8319 Advanced Corporation Tax: Spin-Offs and Single Party Reorganizations
An exploration of tax-free mergers, spin-offs, and intercompany restructurings, as well as an introduction to consolidated groups, with an emphasis on the application to business transactions. Class is lecture and problem-based and involves close analysis of the Internal Revenue Code and Treasury Regulations. The course will specifically address (i) tax principles applicable to reorganizations under Section 368(a) and Section 355, (ii) acquisitive and single party reorganizations, (iii) spin-off and divisive reorganizations, and (iv) principles applicable to consolidated groups provided in the regulations under Section 1502. [JD students interested in taking this course must receive special permission, and will receive a letter grade, which will not calculate into their JD GPA.] Note: This course will focus on SPIN-OFFS AND SINGLE PARTY REORGANIZATIONS . TAX FREE MERGERS AND ACQUISITIONS is the focus of an Advanced Corporate Tax course offered in fall 2013.
Credit 2 units.
LAW 8320 Closely-Held Business & Succession Planning
This class will deal with all aspects of planning related to closely-held businesses with an emphasis on succession planning. Topics covered will include transition of the business, funding of the transition with life insurance or other devices, split-dollar insurance, buy-sell agreements, estate tax issues, shareholder disputes, valuation and conflicts of interest. The succession planning will include various techniques including recapitalizations, voting trusts, equalization for non-active family members, qualified subchapter S trusts and electing small business trusts. The estate tax portion will include specific devices such as family limited partnerships, grantor retained annuity trusts, sales to defective grantor trusts, and 6166 elections. The course will emphasize the use of case studies to illustrate the various techniques and issues. [JD students interested in taking this course must receive special permission from Dean Sarah Narkiewicz, and will receive a letter grade which will not calculate into their JD GPA.] 3 credits.
Credit 3 units. Law: NSM, RW
Typical periods offered: Spring
LAW 8321 Introduction to International Aspects of Estate Planning
This course will consider the income, gift and estate tax issues facing non-resident non United States citizen individuals investing in, or moving to, the United States, and of United States citizens investing or working outside the United States. This course will address planning alternatives available the global individual. In addition, this course will consider expatriation as a factor in estate planning; the income taxation of foreign trusts and their beneficiaries, including a study of the new grantor trust rules and the new rules on residence of trusts; a comparison of foreign trusts to other foreign entities; the problems of the multi-country estate; an analysis of current United States estate tax treaties; and related issues. This course does not have any prerequisites. [JD students interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 2 units. Law: NSM, RW
Typical periods offered: Fall
LAW 8322 Sel. Topics in Real Estate Taxation
This course will review selected topics in real estate taxation. The first one-third of the course will review the concept of the sale and exchange of real property, including taxable and tax-deferred exchanges. As part of the sale and exchange treatment, specific attention will be focused on the use of and effect of debt on real estate transactions.
Credit 3 units.
LAW 8323 Tax Plnnng for Real Estate Investments/Closely Held Businesses
The course will address: choice of entity (including discussion of the advantages and disadvantages of forming and operating various types of businesses as either a corporation, a limited liability company, or a partnership); sale and exchange considerations for real estate investments and closely held businesses, including mergers and acquisitions, like-kind exchanges, and installment sales; passive loss rules; cancellation of debt; and tax credit and incentives available in connection with certain types of real estate development and operating businesses, including rehabilitation of historic and non-historic structures, development of low-income housing, and utilization of new markets tax credits. [JD students interested in taking this course must receive special permission, and will receive a letter grade, which will not calculate into their JD GPA.]
Credit 3 units. Law: NSM
LAW 8325 Estate and Wealth Law, Theory, and Practice
This course will review various practical wealth management skills and strategies used by estate planning lawyers performing estate and closely-held business planning, succession planning for business owners, or traditional income tax planning. This course explores wealth accumulation planning techniques and tools used by lawyers involved with wealth planning. In addition to an overview of the estate and taxation structure, this course is intended to cover basic financial concepts, including financial investing, property and income taxation, home and real property ownership issues, life and disability insurance, retirement planning, elder law and debtor-creditor transactions as they deal with individual and family wealth. This course is suggested to be taken prior to the Practical Strategies and Drafting in Estate Planning course that is offered in the Spring semester. Students must have either taken (or concurrently be taking) Federal Income Taxation or Trusts and Estates. Having taken Estate and Gift Taxation will also be beneficial. This course will have an attendance policy. Students are allowed no more than two unexcused absences. Failure to comply with this policy will result in failure of the course. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 2 units. Law: NSM, RW
Typical periods offered: Fall
LAW 8900 Visiting Scholar Research
Credit 0 units. Law: NDRLLM
Typical periods offered: Fall, Spring, Summer
LAW 9017 Class of 2026 - Full Time Enrollment
This course indicates you are enrolled as a full time student.
Credit 9 units.
LAW 9100 Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9101 Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9110 Global Studies Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9111 Global Studies Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9120 Journal of Law and Policy
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9121 Journal of Law & Policy
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9130 Jurisprudence Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9131 Jurisprudence Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1-2 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9200 Moot Court (Wiley Rutledge Moot Court Competition)
Enrollment limit: 96 Early Drop Deadline: Friday, Aug. 29 at 5:00 p.m. The Wiley Rutledge Moot Court Competition simulates appellate practice in the form of an intramural competition among enrolled WashULaw students. Every student who meets the minimum attendance and participation requirements will receive one pass/fail credit. These requirements include researching and drafting, with a partner, an appellate brief (due on Oct. 3) plus delivering at least two oral arguments. Arguments will take place during the day on Saturday, Oct. 25 and on the evenings of Monday, Oct. 27; Wednesday, Oct. 29; and Thursday, Oct. 30. Students having an irreconcilable conflict on any of these dates will be required to drop the course (except for religious conflicts with the Saturday round, which can be accommodated with a round on Sunday, Oct. 26, if needed.) Enrolled students are also required to attend a final round that will take place on a date to be announced. The course does not have regular class meetings, but will hold three seminars on Aug. 29, Sept. 5, and Oct. 10. [Notes: (1) Students must register online via WebSTAC for this competition, which is open on a first-come, first-served basis (i.e., there is no application or audition process for Wiley Rutledge). (2) Participating students are required to be in residence in St. Louis; therefore, students who are enrolled in an externship or studying abroad are not eligible to enroll. (3) Students are permitted a maximum of 4 total credits from competitions, they are permitted to enroll in only one for-credit competition per semester, and this credit does not count as one of the 67 Law Classroom Units required for the J.D. degree.]
Credit 1 unit. Law: NDRLLM
Typical periods offered: Fall
LAW 9210 Trial Advocacy Competition
Enrollment limited: 12; subject to professors' discretion. [Students do not register online for this course.] Upper-level J.D. students in good standing are eligible to try-out for the Trial Team. Try-outs for the 2015-2016 Team will take place late in the Spring 2015 semester; tryout information is distributed to students by the Trial and Advocacy Program Coordinator in Room 541-B. This program involves intense training in trial advocacy and evidence law. There is also substantive work in all aspects of torts and criminal law rotating year to year. You will be expected to do substantive legal research as part of your case preparation. The required textbook is Courtroom Evidence Handbook West Publishing. It is recommended that students also use The Federal Rules Of Evidence and Comments, West Publishing (most recent year). A small recording device is recommended for recording critiques. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition course per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 2 units, posted to spring semester.
Credit 2 units. Law: FV
Typical periods offered: Fall, Spring
LAW 9211 Mock Trial
(By try-out only.)
Credit 2 units.
LAW 9220 National MoOT Court Team
Credit 1 unit.
Typical periods offered: Spring
LAW 9221 International Moot Court Team
[Students do not register online for this course. Students will be selected for one of Washington University's award-winning International Moot Court Teams by fall tryouts open to 2Ls, 3Ls, and international LL.M. students. Information about tryouts will be distributed to students at the beginning of the school year. Questions can be directed to Dorothy Campbell at djcampbell@wulaw.wustl.edu.] The team will work together under the guidance of faculty coaches to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Moot Court Competition, or the Niagara International Law Moot Court Competition, or another international moot court competition designated by the faculty. The teams' weekly meetings, writing deadlines and practice schedule are mandatory. The course grade is credit/no credit; one credit hour posted in the fall semester, and the other credit hour posted in the spring semester. The teams also function as a board and run the competition tryouts for the following year. Pre/corequisites (subject to waiver or substitution, in rare cases, by special permission of instructor): International Law and International Courts & Tribunals. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 1 unit in fall semester + 1 unit in spring semester.
Credit 1 unit.
Typical periods offered: Fall, Spring
LAW 9222 Intellectual Property Moot Court Team - Patents and Copyrights
Enrollment limit: 4. [Students do not register online for this course.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Giles Sutherland Rich Memorial Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal pre-requisites or co-requisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in patent- or copyright-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 2 units (posted to spring semester)
Credit 1-2 units. Law: HT
Typical periods offered: Spring
LAW 9223 Intellectual Property Moot Court Team - Trademarks and Unfair Competition
Enrollment Limit: 6. [Students do not register online for this course.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Saul Lefkowitz Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal pre-requisites or co-requisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in trademark-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] 2 units, posted to spring semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 2 units (posted to spring semester)
Credit 1-2 units. Law: HT
Typical periods offered: Spring
LAW 9224 Representation in Mediation Team
Enrollment limit: 10. Students do not enroll themselves for this class. Tryouts are in November - December and the teams are selected by January 1. Students try out individually and the composite team is selected by the coaches. Team members prepare three fact patterns for mediation. Each team member will play the role of client and attorney. For credit, each student must submit 16 pages of research and analysis on the competition topics and process. Teams meet with coaches on a weekly basis from the start of the spring semester, with intense coaching and mooting sessions in January and February. The Regional Competition is usually held in late February or early March. If WULAW teams are successful at the Regional Competition, they will compete in the late Spring (usually mid-April) at the National Competition held in concert with the ABA- Alternative Dispute Resolution Annual Conference. (1 credit is posted to the spring semester). 1 unit
Credit 1 unit. Law: FV
Typical periods offered: Spring
LAW 9225 Negotiation Team
Enrollment limit: 10. Students do not enroll themselves for this class. Tryouts are at the beginning of the fall semester. Students try out individually and the composite team is selected by the coaches. Team members prepare three fact patterns for negotiation. Team members play the role of attorneys representing their (non-present) client. For credit, each student must submit 16 pages of research and analysis on the competition topics and process. Teams meet with coaches on a weekly basis from the start of the fall semester, with intense coaching and mooting sessions in October before the Regional Competition. If WULAW teams are successful at the Regional Competition, they will compete in November at the National Competition. (1 credit is posted to the fall semester). For more information, contact Prof. C.J. Larkin at larkin@wulaw.wustl.edu.
Credit 1 unit.
LAW 9226 Supervised MoOT Court
A student may receive one credit for participation in an external moot court competition through Supervised Moot Court. In order to receive credit, a student must secure a full-time faculty member as an advisor, prepare an appellate brief of passing quality (minimum 10 pages per student), present a minimum of two oral arguments of passing quality, and attend two mandatory seminar sessions on appellate brief writing and appellate argument. Supervised Moot Court is graded on a credit/no credit basis and does not fulfill the research and writing requirement. Approval forms are found at http://law.wustl.edu/Registrar/index.asp?id=2131. The full-time faculty member who reviews the brief and critiques the preparation for oral argument is limited to supervising no more than six JD students per year in Supervised Research, Supervised Practicum, or Supervised Moot Court. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] Interested students are expected to read Faculty Rule G (7), found at http://www.law.wustl.edu/students/documents/facultyrules0910.pdf.. [Note for JD students: these credits count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component (for students graduating with exactly 86 units).] 1 unit.
Credit 1 unit.
Typical periods offered: Spring
LAW 9227 Supervised MoOT Court
Credit 1 unit.
LAW 9228 Environmental MoOT Court
Enrollment limit: 96. [Students must register online via WebSTAC during regular online registration for this intramural competition.] Note this course has special add/drop dates determined by the student board and faculty advisor. Students must attend the informational meeting at the beginning of the semester, along with a brief writing seminar and an oral argument seminar. Students work in teams of two for the preparation of an appellate brief and the presentation of a minimum of two oral arguments concerning an environmental law issue. Semi-finalists are selected based on their written brief score and oral argument scores from the two preliminary rounds. This course is graded on a credit/no credit basis. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] This course does not meet like a regular class; read description for details. Days/times for the informational meeting, brief writing and oral argument seminars, and oral arguments, will be announced by the Environmental Moot Court student run board. 1 unit.
Credit 1 unit.
LAW 9229 Law Elective: Negotiation Board
Selected students coordinate and run the Negotiation competition.
Credit 1 unit. Law: NDRLLM
Typical periods offered: Spring
LAW 9230 Law Elective: Wiley Rutledge Moot Court Board
Selected students work with faculty to coordinate and run the Wiley Rutledge Moot Court competition.
Credit 1 unit. Law: NDRLLM
Typical periods offered: Fall
LAW 9231 Law Elective: Client Counseling Competition Board
Students apply for positions on the Client Counseling Competition Board.
Credit 1 unit.
LAW 9232 Law Elective: Environmental Moot Court Board
Selected students assist faculty in coordinating and running the Environmental Moot Court competition.
Credit 1 unit.
Typical periods offered: Spring
LAW 9233 Law Elective: International Moot Court Board
Selected students assist faculty with coordinating and running the International Moot Court competition.
Credit 1 unit. Law: NDRLLM
Typical periods offered: Fall
LAW 9234 Law Elective: Mediation Board
Selected students assist faculty in coordinating and running the Mediation competition.
Credit 1 unit.
Typical periods offered: Spring
LAW 9300 Supervised Research
To register, a Supervised Research Approval Form must be turned in to the Registrar's Office by the end of the second week of the semester. The approval form is available via the law school's intranet site. Students may enroll in Supervised Research under the direct supervision of a member of the faculty with the consent of the faculty member. The exact nature of the project shall be determined by the individual faculty member. A student may earn from one to three credits for Supervised Research depending upon the scope of the project, the precise number of credits to be determined by the supervising faculty member after completion of the project. For each credit, a student is expected to devote at least 42.5 hours of work, and approximately 10 pages of written work. A student may draw upon work done in a practice setting as the basis for a Supervised Research project, but only the writing component of that work may count towards Supervised Research credit, as evaluated according to the above criteria. In order to earn the credit(s) for Supervised Research, the project must be completed and a grade recorded by the end of the semester for which the student registers for the course. Failure to complete the course by the end of the semester will result in withdrawal. A student must register for and begin work on a supervised research project no later than the end of the second week of classes of the semester in which the credit is to attach. No student may receive more than three credits in a single semester for Supervised Research and/or Research Assistant. No student may receive academic credit for more than two Supervised Research experiences. Supervised Research is not available for credit during the summer term. Supervised Research is graded on a pass/fail basis.
Credit 1-3 units. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9400 Supervised Practicum
A student may earn one to three units of academic credit in a Supervised Practicum by working on a clinical project under the supervision of a member of the faculty and a field supervisor, who may also be a faculty member. Students must work a minimum of four hours per week at the site for each hour of academic credit, e.g., a three-hour course generally means twelve site hours per week for 13 weeks. Supervised Practicum is graded on a Credit/No Credit basis. The student must submit an approval form and an attached application essay (and preferably a proposed learning contract) to the Vice Dean and Clinic Dean no later than the end of the second week of classes of the semester during which the student seeks credit. The student must meet with the field supervisor to discuss the parameters of the placement and the field placement supervisor must make a commitment to meet weekly with the student and to provide feedback on the student's work to both the student and the faculty member throughout the semester. The supervised practicum also must include regular contact between the student and a full-time faculty member, submission of weekly hours and weekly progress reports (or weekly journals) to the faculty member, and bi-monthly meetings. The faculty member must have expertise in or related to the field. The faculty member will determine the appropriate form and scope of reports, submissions, and meetings, and may modify the weekly report requirements for practica within the university,
for example those directly supervised by law school faculty.
A student may enroll in only one Supervised Practicum during her/his law school career. A student may not be enrolled in a clinic and a Supervised Practicum in the same semester.
Credit 1-3 units. Law: LCU
Typical periods offered: Fall, Spring
LAW 9500 Teaching Assistant
Students chosen as Teaching Assistants receive one unit of academic credit per semester for this semester-long Teaching Assistantship. Students assist faculty with projects and course preparation and host office hours for enrolled students.
Credit 1 unit. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9501 Teaching Assistant
Students chosen as Teaching Assistants receive one unit of academic credit per semester for this year-long Teaching Assistantship. These students assist the Legal Practice professors throughout the year by helping prepare potential research assignments, drafting bench memoranda regarding potential research assignments and being accessible to first-year students as the students research and draft their assignments. Students chosen for this position will engage in significant research and writing during the course of the year. Students applying for this position can be rising second-year or third-year students who have demonstrated their legal research and writing skills on one of the publications, moot court programs, in summer employment and/or in their Legal Practice and Legal Research Methodologies classes. Interested students should submit (in April, to apply for the following year) a cover letter and resume regarding their interest in the position, including the nature of their legal research and writing experience. Students should indicate in their cover letter whether or not they have taken Advanced Legal Research or plan to enroll in that course during their second or third-year of law school. Applicants should send their cover letter and resume to the Legal Practice Professor whom they would prefer to assist. 1 unit.
Credit 1 unit. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9502 Teaching Assistant
Students chosen as Teaching Assistants receive one unit of academic credit per year for this year-long Teaching Assistantship: 0 units for fall semester and 1 unit for spring. These students assist the Legal Research Methodologies instructors throughout the year by helping prepare potential research assignments, drafting bench memoranda regarding potential research assignments and being accessible to first-year students as the students research and draft their assignments. Students chosen for this position will engage in significant research and writing during the course of the year. Students applying for this position can be rising second-year or third-year students who have demonstrated their legal research and writing skills on one of the publications, moot court programs, in summer employment and/or in their Legal Practice and Legal Research Methodologies classes. Interested students should submit (in April, to apply for the following year) a cover letter and resume regarding their interest in the position, including the nature of their legal research and writing experience. Students should indicate in their cover letter whether or not they have taken Advanced Legal Research or plan to enroll in that course during their second or third-year of law school. Applicants should send their cover letter and resume to the Legal Practice Professor whom
Credit 1 unit. Law: NDRLLM
Typical periods offered: Fall, Spring
LAW 9600 Transient Student
This is a placeholder course for law students who are studying abroad or visiting away at another law school.
Credit 1-12 units. Law: NDRLLM
Typical periods offered: Fall, Spring, Summer
LAW 9900 Law School Elective
This is a placeholder course for credits being transferred to the law school program of study from a non-law Washington University in St. Louis school.
Credit 3 units.
Typical periods offered: Fall, Spring
LAW 9901 Law School Elective
Credit 3 units.
LAW 9902 Law School Elective
Credit 3 units.
LAW 9903 Law School Elective
Credit 3 units.
LAW 9904 Law School Elective
Credit 3 units.
LAW 9905 Law School Elective
Credit 3 units.
LAW 9906 Law School Elective
Credit 3 units.
LAW 9907 Law School Elective
Credit 3 units.
LAW 9908 Law School Elective
For use in Other Credits, when transferring units to the LLM degree from units taken when someone was an Exchange Student at WU.
Credit 0 units.
LAW 9909 Law School Elective
For use in Other Credits, when transferring up to 4 units to the Online LL.M. degree from another law school with approval of the Associate Dean of Graduate and International Programs.
Credit 4 units.
LAW 9910 Law School Elective
For use in Other Credits, when transferring units to JD from Study Abroad (outside US) - Non LCU.
Credit 17 units.
LAW 9915 Mediation Team
Credit 1 unit.
LAW 9916 Client Counseling Team
By tryout only. No academic credits are earned through participation on the Client Counseling Team. Students who make the team will be registered by the Registrar's Office.
Credit 0 units.
Law Online
LAWO 5000 Introduction to U.S. Law and Methods
This course is designed to introduce distinctive aspects of the U.S. legal system. The goal is to learn how law is found, made and changed in the U.S., rather than to focus on any particular area of law. The objective is to learn largely through assuming the role of a lawyer resolving a practical client problem with U.S. legal sources, methods and institutions. The course is organized by various sources of law: common law; statutes and regulations; constitutional law and case law; and interpreting and applied enacted law. In addition, the jury trial and the importance of procedure are covered. In each subject, the class formulates what appears to be distinctive in the U.S. system.
Credit 4.5 units.
LAWO 5001 Introduction to U.S. Law and Methods II: Effective Advocacy
This is the second in a two course sequence of instruction and practice in distinctive aspects of U. S. law and methods. This course will provide an overview of and opportunity to explore theoretical and practical approaches to advocacy. The course will emphasize development of the skills necessary to effectively and persuasively represent and advocate on behalf of clients, through the lens of civil litigation. Analytical and practical skills will be discussed, developed, and refined through in-class simulations. The course's emphasis will be on issues that regularly present themselves in civil litigation, ranging from client intake and counseling, to negotiation with opposing counsel, to presentation of arguments in court. Grading basis: Modified Pass/Fail system.
Credit 1 unit.
LAWO 5002 Online Law Coursework
This is a variable unit course intended to reflect the units of enrollment in OLaw-Summer session courses under the YR2017 term in SIS.
Credit 9 units.
LAWO 5010 Legal Writing & Analysis
This skills course introduces students to a variety of concepts related to the practice of law, including: gathering information and working with clients; researching and finding answers to legal questions by locating, reviewing, and synthesizing pertinent authority; performing a predictive legal analysis by employing analogical reasoning techniques; providing effective advice in a structured piece of professional legal writing; negotiating a settlement of a dispute with opposing counsel; working with legal forms and transactional documents; and performing a thorough critique of a third party's legal writing. Students will learn these concepts through a combination of live and asynchronous coursework, and students will also learn how to locate, update, and evaluate varied sources of law through complementary exercises in a major legal research platform. In addition to responding to written prompts in the asynchronous lecture series, students will complete four major assignments in the course: the aforementioned research module; a predictive research memorandum; a transactional document (settlement agreement); and a group presentation of a legal writing critique. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 4.5 units.
Typical periods offered: Fall, Spring, Summer
LAWO 5020 Contracts
This course is designed to introduce foreign-trained lawyers to U.S. contracts. The course will be run using the Socratic method. Students are expected to participate in class discussions and will be called on at random. In addition to learning principles behind U.S. theories of contractual obligation, the course is intended to provide instruction in how to succeed in a US law school class. Each week will include one session per week of detailed review of the week in class, focusing on strengthening academic skills necessary for effective participation and course management.
Credit 3 units.
LAWO 5030 Civil Procedure
This course is designed to introduce foreign-trained lawyers to the process of U.S. civil litigation, focusing on such topics as the choice of court, the sequence of events in pre-trial and trial practice, and the effect of judgments. In addition, the course is intended to provide students with the skills necessary to read and analyze American judicial decisions and statutes. Besides lecturing, the instructor uses class discussions to teach the material, so students are expected to participate in the discussions and will be called on at random. As a result, students need to be fully prepared before each synchronous (live) class. Although the course is designed for foreign-trained lawyers, students in the MLS program who are candidates for the litigation concentration are welcome to take the course with prior approval. It helps to have some familiarity with litigation prior to taking the course, but that is not a prerequisite.
Credit 3 units.
LAWO 5040 Professional Responsibility
This course is part of the Online LLM curriculum. The goal of this course is to help students understand and resolve the ethical dilemmas that practicing lawyers face in the United States. Among the subjects that the course will examine are the nature and types of lawyer regulation, client-attorney relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. The course will use as its foundational rules the American Bar Association's Model Rules of Professional Conduct and will also consider ethical duties arising under common law and other sources of authority. Most of the classes will focus on the skills of identifying and solving the ethical dilemmas lawyers face in practice and on the professional values of providing competent legal representation, improving the legal profession, and promoting justice and fairness. Regular class attendance and participation are required.
Credit 3 units.
LAWO 5050 Business Associations
This course will serve as an introduction to the law governing business associations. State law typically controls the formation, operation, and governance of business associations in the United States. The course begins by analyzing the law governing the formation and operation of the most basic forms of business relationships: those between employer and employee and between partners. The bulk of the course will then focus on the law applicable to corporations: the most specific, detailed, and well-developed body of law applicable to a particular form of business association. The final week will consider the more recent form of the limited liability company and compare and contrast it to the more detailed set of rules applicable to corporations. In the United States, the state of Delaware is the leading source of corporate law. Thus, the course will focus primarily on Delaware law. However, we will also be looking at the Model Business Corporation Act, which serves as the basis for the corporate law in a number of other states, as well as court cases from a number of other states as well. Given the disparity in law across states, lawyers in the real world must carefully study the law of the particular state in which a business is operating before providing any advice to clients.
Credit 3 units.
LAWO 5070 International Business Transactions
Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or performed without due consideration of implications that may arise in such an international environment. Accordingly, understanding of the legal aspects of private transactions carried out across national borders can be indispensable to the modern legal practice. This three unit course will provide a survey of such issues, including transnational sales, cross-border operations (including branch offices and subsidiaries), international business combinations (including mergers and joint ventures), and the role of international law (including treaties and international organizations such as the WTO and IMF). A series of problems will be used to explore the dynamics of planning, negotiating, creating and executing cross-border transactions. The course grade will be based on a final examination, which will consist primarily of short essay questions, and class participation. The final will be open book. Although not required, it would be helpful to have taken or be taking International Law.
Credit 3 units.
LAWO 5080 Negotiations
The course will emphasize learning the skills of negotiation by simulations, lectures, and exercises in which students will negotiate and watch their classmates and experts negotiate. Class members will conduct at least three negotiations during the course - a sales contract, a retainer agreement between an attorney and a client, and a complex multi-party dispute. In addition to the simulations and discussion of the readings, there will be instruction on drafting agreements and individualized advice about further steps to improve negotiation skills.
Credit 3 units.
LAWO 5090 Legal English
Credit 0 units.
LAWO 5100 U.S. Summer Immersion
In June 2014, Washington University School of Law offers an academic immersion opportunity as part of the @WashULaw LL.M. program. The immersion provides a valuable hands-on approach to learning and an opportunity to learn about different areas of legal specialization in the practice setting. This program offers a unique opportunity to experience the American judicial system and public and private legal practice in person. The immersion experience is not a requirement of the LL.M. degree program; however, it is recommended as it allows graduates to gain a deeper understanding of how the U.S. legal system encountered in the @WashULaw LL.M. program actually functions. With Professor Michael Koby as your guide, this exciting program will take place in three U.S. cities: St. Louis, Missouri; Washington, D.C. and New York City. In each city, the program will focus on distinct aspects of the U.S. legal system: In St. Louis, home of Washington University's historic campus, participants will become better acquainted with their Washington University law professors. The focus of this first part of the program will be the state and federal court systems. Students will meet with judges in their chambers and courtrooms, observe lawyers in varied civil and criminal legal proceedings and examine the U.S. prison system. Students will also see firsthand how state and local governments function. In Washington, D.C., the focus shifts to the functions of the federal government. This includes meeting with members of the United States Congress and attorneys working in various federal government agencies, and exploring the work of U.S. Supreme Court. Finally in New York City, students will have the opportunity to observe closely private practice in the law firms and corporations of one of the world's largest centers of commercial and corporate activity. In all three cities, there will opportunities to meet and network with Washington University Law alumni. And although the program will have an academic focus, there will be ample time to enjoy the Midwest hospitality of St. Louis, visit the famous monuments of Washington, D.C., or take in a show on Broadway in New York City. Cost: $7800, includes the academic program, hotels, daily lunch and dinner (except for Saturday and Sunday), all travel expenses within the U.S., ground transportation, and entertainment on selected evenings. Travel to and from the United States is not included. Participants must provide their own transportation, arriving to St. Louis no later than June 1, 2014 and leaving from New York City on June 15, 2014. A non-refundable deposit of $1500 is due no later than January 15, 2013.
Credit 0 units.
LAWO 5110 Property
An examination of real and personal property, the estate concept, some of the problems of landlord and tenant law, future interests, easements and legal principles of property law as they apply to the use of property in our society.
Credit 3 units.
LAWO 5120 Intellectual Property
This course is a survey of intellectual property law in America. The course addresses the legal regimes of copyright, patent, trademark, trade secret, and the right of publicity. Through a study of legal doctrine in these regimes, students learn to better distinguish the different types of intellectual property from one another.
Credit 3 units.
LAWO 5130 Trial Advocacy
Trial Advocacy is a 1.5-credit skills based course. Using a trial as our framework, students will learn such skills as client interviewing and counseling, direct examination, cross-examination, opening and closing arguments, and basic objections. Students will be graded on a variety of skills-based exercises throughout the session, as well as the final project which requires the students to give a closing argument.
Credit 1.5 units.
LAWO 5140 Constitutional Law
This course will examine federalism issues under the Constitution, including judicial review, the commerce clause, separation of powers, and intergovernmental immunity. We will address fundamental questions such as the nature of a constitution, the foundations of judicial power, the forms of judicial review, the role of courts in different types of political systems, the institutional design of constitutional courts, and the evolution of constitutionalism on a global scale. We will pay particular attention to the development of the Fourteenth Amendment's liberty and equality guarantees, and discuss the appropriate roles of text, structure, history, and prudence in constitutional interpretation. In discussing these questions, we will examine how political and social change has influenced the resolution of constitutional disputes and how non-judicial actors, as well as courts, have constructed constitutional meanings.
Credit 3 units.
LAWO 5150 Employment Law
This course is designed to introduce students to U.S. employment law including laws, rules and regulations related to types of employment, hiring and firing practices, prohibited discriminatory practices, employee wages, hours and benefits requirements, and various governmental processes and procedures. This course is an experiential course in which students will have multiple opportunities to apply legal theory to practical, real-life settings.
Credit 3 units.
LAWO 5160 Torts
This course will be an exploration of the law of torts. We will analyze arguments for and against holding persons liable for intentional acts, negligent acts, injuries to the person, and injuries to property. We will critically examine the theories of intentional torts, negligence, strict liability, vicarious liability, and other doctrines, studying the rules and principles that govern these areas of the law.
Credit 1.5 units.
LAWO 5170 Corporate Compliance
What causes companies to break the law? How do we incentivize them not to? Who should we blame when they do? These are the core questions of corporate compliance and the focus of this class. Rather than reading several court decisions, this class will work primarily from case studies of recent compliance failures. Our goal will be to study what went wrong at the company level and whether the relevant laws are effectively designed to prevent the misconduct. We will also cover theories of regulatory enforcement and punishment. This course will be interesting for those considering compliance positions as well as those interested in regulatory agency and corporate defense practice.
Credit 3 units.
LAWO 5180 Introduction to Health Law
This course will introduce you to the U.S. health care system and the legal issues associated with it. We will begin with an overview of the U.S. health care system, including the Affordable Care Act, the legal challenges to it and attempts to repeal and replace it. We will then examine private, state and federal regulation of the health care system, including ERISA, HIPAA, EMTALA, Medicare, Medicaid, federal fraud and abuse law, tax and antitrust law. The second part of the class will focus on the provider-patient relationship and the legal issues that arise within that relationship. We will discuss life and death issues, such as abortion, the right to die, and surrogate decisionmaking. The class concludes by exploring the ethical issues involved with eugenics, assisted reproduction, cloning, genetics, organ transplantation, and human subject research.
Credit 3 units.
LAWO 5190 Legal Research Demystified
Legal Research Demystified builds upon the practical legal research skills introduced to you in your Legal Research and Writing course. This is an advanced legal research course. In this 1.5 credit course you will receive the opportunity to gain an in-depth working knowledge of legal research methods and resources. The primary goal is to enable students, both now and later in their professional lives, to map out a coherent plan of action when asked to research a topic previously unfamiliar to them. Each week, we will examine different research topics through the lens of a legal practitioner. You will learn how to navigate the modern legal landscape and how to best utilize AI-powered practice tools in Westlaw, Lexis+ and Bloomberg Law. You will also learn how to identify free legal resources on the internet and get introduced to valuable timesaving and cost-effective research strategies. The course is graded on a credit/no credit basis. Prerequisite: Legal Research and Writing
Credit 1.5 units.
LAWO 5200 Mediation and Arbitration
Prerequisite: Negotiations. This course will focus on two of the main alternative dispute resolution methods used in the United States and in international scenarios when approaching conflict. The first part will concentrate on arbitration, delivering a full overview of the nature, process, and enforcement of this dispute resolution method, emphasizing in key points related to successful arbitration clauses both locally and internationally. The second part of the course will address mediation, providing training to students that will be representing clients, negotiating on their behalf or acting as mediators, important tools to seek for relationship-structuring agreements as an alternative to litigation. In the two sections students will have the opportunity to understand basic concepts and test them via practical exercises.
Credit 3 units.
LAWO 5210 Immigration Law
This is an introductory course designed to expose students to a wide variety of topics related to immigration law, policy, and practice. Students will learn about nonimmigrant (temporary) and immigrant (permanent) visas and status, as well as immigration court and relief from removal. We will also discuss humanitarian immigration such as asylum law, as well as citizenship and naturalization. We will use hypothetical potential clients to analyze how we might best help them as counsel. Our later sessions will be dedicated to current events, and the corresponding immigration law and policy. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1.5 units.
LAWO 5220 Criminal Law
In this course you will be exposed to basic concepts in substantive criminal law. We will begin the term by exploring the basic elements of crimes, which include actus reus, mens rea, and causation. With this groundwork complete, we will examine the requirements for specific crimes. We will conclude the term by examining various defenses to criminal conduct. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1.5 units.
LAWO 5230 Cybersecurity and Data Privacy
This course will focus on the fundamental principles of privacy and cybersecurity. Privacy topics covered will include: (a) why privacy matters; (b) fundamental privacy principles which find implementation in a wide range of privacy laws; (c) scope of privacy law; (d) U.S. Federal privacy laws (including HIPAA, COPPA, GLB, FCRA); (e) key State privacy laws (including CalOPPA, Massachusetts's Data Security Regulation, and overview of breach notification laws); (f) overview of foreign privacy regimes, with a particular focus on European Union's evolving privacy laws; (g) restrictions on, and methods to accomplish, trans-border data transfer in light of varying laws (e.g. Privacy Shield, Model Contracts); and (h) key enforcement bodies and selected enforcement decisions. The cybersecurity discussion will focus on a non-technical overview of key cybersecurity concepts and principles. Topics covered will include: (a) definition and key components of security in accordance with current best practices; (b) overview of common attack vectors; (c) overview of types of available security controls; (d) discussion of key non-technical security measures; and (e) integration of these principles into existing and prospective legal frameworks. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1.5 units.
LAWO 5240 Administrative and Regulatory Law
Administrative Law is the foundation of the modern regulatory state. In this course, we will examine the structure of governmental agencies and how those agencies make, administer, implement, and enforce regulations. We will also cover the relationship of regulatory agencies to the executive, judicial, and legislative branches of government, focusing in particular on judicial review of agency decisionmaking. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1 unit.
LAWO 5250 Cross Cultural Dispute Resolution
Prerequisite: Negotiations. When addressing cross-cultural conflict, effective dispute resolution methods include additional elements than those used in intra-culture adjudicatory and consensual processes. Through a harmonic integration of legal, sociological, psychological, and neurological concepts and findings, this course is designed to equip students with valuable tools that will allow them to choose suitable pre-dispute methods for solving eventual future cross-cultural controversies as well as to effectively approach conflict situations involving individuals from diverse cultures and backgrounds (including scenarios of gender, religion, and race diversity). Key issues discussed within the course will increase the Cultural Intelligence (CQ) empathizing power of professionals that will be involved in diverse conflict resolution, whether as parties, advisors, counselors, adjudicators or facilitators. The course combines preparation of assigned readings as well as free research on punctual issues related to cross-cultural dispute resolution. Skill-enhancing practical exercises will allow participants to test and apply knowledge acquired in class sessions.
Credit 3 units.
LAWO 5260 Education Law
This course introduces students to some of the most important legal issues related to public education in the United States. Topics include the constitutional rights of students and teachers, school financing, and equal opportunity in education. This course will consider both the constitutional and statutory sources of law as it relates to education. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1 unit.
LAWO 5270 Entrepreneurship and the Law
This course will focus on legal issues typically encountered by small and growth-oriented businesses including: formation and initial structuring, raising capital, tax issues, intellectual property protection and employment issues. Primary focus will be on representing high-growth tech companies but much of the lessons will be applicable to small businesses of all kinds. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1.5 units.
LAWO 5280 The Contemporary United States Supreme Court
This course is designed to introduce students to the contemporary U.S. Supreme Court. Topics include the Court's membership, its procedures for selecting cases for review, the role of lawyers and law clerks, and doctrinal developments in several areas of the law. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 1 unit.
LAWO 6950 Supervised Research
After completion of this course, students will have gained practical legal skills, including application of legal research and writing methods and a deeper understanding of substantive law through a written research paper of at least 30 pages in length, double-spaced. In doing so, students will apply all aspects of legal research and writing to an approved legal issue, which will not only hone students' legal research and writing skills but expand their knowledge of the selected legal topic.
Credit 3 units.
LAWO 6960 Legal Externship
***Course is only offered to students enrolled in the Master of Legal Studies or LL.M program. Student must seek approval to register for the course and set up an externship 6-8 weeks prior to the start of the term. After completion of this course, students will have gained practical legal skills, including application of legal research and writing skills and substantive law to actual legal work. In doing so, students will: (1) Apply doctrine, theory, skills, and legal ethics to their field placements; (2) Perform practical professional skills in a real-world legal environment under the supervision of lawyers or other professionals; and (3) Evaluate their accomplishment of the goals and skills learned during the field placement. The course requires 135 hours total. 120 are earned in the placement, while the remaining 15 are earned through meetings with an advisor, time spent setting up the externship, and complying with the record-keeping, such as time logs, weekly journal entries and a 5-page capstone paper at the end of the term. Prerequisites: W80 500/Intro to U.S. Law
Credit 3 units.
LAWO 8000 Federal Income Taxation
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. Students will work extensively with the Internal Revenue Code.
Credit 3 units.
Typical periods offered: Fall, Spring, Summer
LAWO 8010 State and Local Taxation
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course provides an in-depth overview of the state and local taxation of businesses and individuals. Topics include state corporation income taxes, franchise taxes, state sales and use taxes, real and personal property taxes, and state and local personal income taxes. The course also includes a survey of common state and local tax procedures, and state and local tax related constitutional issues.
Credit 3 units.
LAWO 8020 Federal Tax Procedure
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course will examine the administrative and judicial procedures for resolving federal tax disputes. Covered topics will include: Organization of the Internal Revenue Service, legal and ethical responsibilities of tax practitioners, administrative appeals procedures, Tax Court litigation, civil penalties, statutes of limitation, and collection procedures.
Credit 3 units.
LAWO 8030 Corporate Taxation
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course involves an intensive study of the statutes, regulations, and case law governing the taxation of corporations. Topics covered include the tax consequences of corporate formation and capital structure, distributions to shareholders, redemptions, liquidations, and taxable dispositions of stock and assets.
Credit 3 units.
LAWO 8040 Federal Income Taxation of Estates, Trusts, and Gifts
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course is designed to teach you about the Federal Estate and Gift Tax Systems, and the interrelationship between the two taxes. By the end of the course, students enrolled in Federal Estate and Gift Taxation will be able to. Understand the policies of the Federal Estate and Gift Tax; Have a working knowledge of the Gift Tax; Have a working knowledge of the Estate Tax; Be able to define Taxable Estate, Gross Estate, Excludable Gifts and Taxable Gifts; and Understand some of the estate planning opportunities that arise out of the imposition of the Federal Estate and Gift Taxes.
Credit 3 units.
LAWO 8050 Accounting for Tax Attorneys
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course is designed to introduce the basic concepts of tax accounting and financial disclosure to tax lawyers with little to no prior exposure to accounting. Emphasis will be on the contents of standard financial statements and accounting dialect (debit and credit). The course will examine the legal consequences of accounting decisions and the lawyer's role in financial statement analysis. The final part of the course will focus on applying tax accounting concepts in the legal setting, including responding to auditor inquiries, asset valuation issues, and corporate equity issues.
Credit 3 units.
LAWO 8060 Tax Supervised Research
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS
Credit 3 units.
LAWO 8070 Externship
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This externship course offers students an opportunity to learn advocacy and litigation skills working under the supervision of field supervisors in government law offices or legal departments of non-profits/corporations. Students have the opportunity to engage in various phases of lawyering practice, including interviewing, counseling, investigation, drafting, negotiation, litigation, and settlement. Depending upon the placement, externs work on civil, criminal, lawmaking, or policymaking matters. Students also meet regularly in small groups and individually with the instructor. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a externship. The externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any externship without good cause and the instructor's permission.
Credit 3 units.
LAWO 8080 ERISA
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course will provide a substantive overview of ERISA fiduciary law that governs qualified retirement and welfare benefit plans. The sources of fiduciary law such as the ERISA statute, regulations, and Department of Labor guidance will be explained. Emphasis will be placed on the proper identification of fiduciaries, the fiduciary duties of prudence and loyalty, prohibited transactions and major exemptions, personal liability under the law, and the recent regulations regarding disclosure of fees and expenses. Special focus will be given to recent Supreme Court and Circuit Court cases that have significantly changed the ERISA fiduciary landscape. Finally, a brief overview will be provided of typical ERISA litigation that a student is likely to see in their future practices. The course will be relevant for any student interested in employee benefits, employment law, labor law, business law, or securities law as they will leave the course with the proper understanding of how to advise clients in avoiding the major compliance pitfalls of being an ERISA fiduciary.
Credit 3 units.
LAWO 8090 International Taxation
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course will provide students with a comprehensive introduction to the federal international taxation rules. After completion of this course, students should be confident in navigating federal international tax law, including statutes, regulations, other published guidance and case law. They will possess the skills to advise their clients on international tax problems, offer them constructive solutions to resolve tax disputes in the most advantageous manner, and assist them in avoiding future tax issues and complying with their federal tax obligations. After completion of this course, students will be ready to take advanced international tax courses.
Credit 3 units.
LAWO 8100 Tax-Exempt Organizations
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This class will analyze tax aspects of tax exempt organizations and is designed to cover issues that attorneys in a tax related practice may encounter. This class covers several tax-related issues applicable to organizations exempt under Section 501(c) of the Internal Revenue Code, including issues related to the organization, qualification, and governance of tax-exempt organizations. The course will also cover tax-related issues applicable to public charities, including classification, lobbying and political campaign activities, private inurement and excess benefit, and unrelated business income. In addition, the course will cover tax-related issues applicable to private foundations, including self-dealing, minimum distribution requirements, excess business holdings, jeopardizing investments, and taxable expenditures. Finally, the course will analyze the income and estate tax planning issues that arise when forming a tax exempt entity, including a study of the formation of Charitable Remainder Trusts, Pooled Income Funds, Gifts of a Remainder Interest in a Personal Residence, Charitable Gift Annuities, Charitable Lead Trusts, Private Non-Operating Foundations, Private Operating Foundations, and Supporting Organizations. Included in this analysis are issues that arise when drafting the documents.
Credit 3 units.
LAWO 8110 Federal Taxation of Partnerships
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course will cover the basic rules for taxing partnerships under the Internal Revenue Code. It will include lectures and problems addressing entity classification, formation, distributive share, allocation, distribution, inside basis, outside basis, liabilities, liquidations, transactions between a partner and the partnership, and acquisitions and dispositions of partnership interests. Preparation will be required prior to each session and failure to do so will almost certainly impair a student's ability to participate fully in successive sessions. Students should have taken Federal Income taxation prior to registering for this course. Students are strongly encouraged to procure the latest edition of The Logic of Subchapter K, Laura and Noel Cunningham.
Credit 3 units.
LAWO 8120 Tax Research and Writing
***COURSE IS ONLY OFFERED TO STUDENTS ENROLLED IN THE MLS/LL.M TAX PROGRAMS This course is intended to assist students in expanding and refining their legal research and writing skills, focusing on sources and forms of legal presentation characteristic of U.S. tax practice. In addition to techniques for effectively organizing and constructing persuasive tax-related legal arguments, the class will cover research strategies, the range and types - as well as the optimal uses - of primary and secondary tax resources (electronic and otherwise), and hierarchies of administrative and judicial tax precedent. The course will include a series of sequential writing and research exercise assignments designed to enable students to gain experience applying the principles discussed in lectures and live class sessions.
Credit 3 units.