WASHINGTON UNIVERSITY SCHOOL OF LAW
COURSE DIRECTORY

APPLIED LAWYERING SKILLS COURSES
Fall 2003


Є - Courses that satisfy the ethics requirement (See Table of Contents to find list of ethics courses)
IP - Courses that are part of the curriculum for the LL.M. in IP & Technology Law degree

These courses are also open to JD students, unless otherwise noted in course description.


Advanced Legal Research
(2 hours)
W74 523B sec 01 - WED FRI 8:30-9:30 AM
W74 523B sec 02 - WED FRI 9:30-10:30 AM
Enrollment limit per section: 22
Phil Berwick
Advanced legal research is a two credit course covering all aspects of the legal research process. Areas to be covered included: legal publications that assist the practicing attorney, sources of foreign and international law, sources that assist the legal researcher in gathering scientific and social science data. Special emphasis will be given to online sources of information. Laptops are required. It has not yet been determined whether there will be a final paper or an examination.

Alternative Dispute Resolution (see Mediation Theory & Practice)

Business Planning & Drafting: The Deal
W74 583F sec 01 (3 hours)
TUE 4:30-6:30 PM and THU 7:45-8:45 AM
Enrollment limit: 40
John Hull / Robert Newmark
Pre/co-requisite: Corporations. This course will offer students an opportunity to learn about the lawyer's role in business transactions. The course will focus on developing practical skills in negotiation, drafting and organization, and will involve significant role-playing experiences. The course will be structured around a hypothetical transaction involving the sale of a privately held corporation and will culminate in a mock closing of the transaction. Lectures will address substantive legal concerns as well as practical issues that may arise in the course of a merger/acquisition transaction, including the letter of intent, tax and other structuring considerations, financing methods, regulatory constraints, due diligence review and drafting of transaction documents. Students will be divided into buyer and seller teams for purposes of the mock transaction and will be expected to devote significant time outside of class to working with their teams and with "opposing counsel" to prepare transaction documents. There will also be several brief individual drafting assignments. There will be no final examination. There will be an attendance policy. Grades for the course will be based on drafting assignments, in-class negotiation sessions and general class participation.

Civil Rights Litigation Theory & Practice
W74 579P sec 01 (3 hours)
MON 6:00-8:00 PM
Enrollment limit: 24
Steve Ryals
This course is a study of the major issues raised in the litigation of federal constitutional and statutory claims against state and local governments and officials under 42 U.S.C. § 1983 and related statutes. Section 1983, which is derived from the Civil Rights Act of 1871, is now a major vehicle for vindication of claims of deprivation of constitutional rights. Effective litigation of Section 1983 claims, from both the plaintiff’s and defense perspective, requires a thorough understanding of federal practice, constitutional principles, discovery issues – particularly the law of privilege as it relates to discovery – and specific to Section 1983 claims, the law or immunities from suit and the law pertaining to the liability of cities and counties. There are no prerequisites, but this course is a logical counterpart to the courses in Trial Practice, Trial Advocacy, Federal Jurisdiction and Constitutional Law. The course will begin with a series of lectures introducing the substantive law of Section 1983, exploring issues such as municipal liability, qualified immunity, color of law and the substantive rights under the constitution and laws that may be redressed in a Section 1983 suit. Having laid the foundation for the substantive law of Section 1983, the class will then focus on the practical aspects of prosecuting and defending a Section 1983 police misconduct case. The class will be presented with a detailed fact situation and from that will work through the pleadings, discovery, including an in class exercise involving mock depositions of a practicing police officer and an actual plaintiff, summary judgment and trial preparation. The students will write and present in class a final paper or project. The students will have a choice between a paper on a substantive topic or preparing a summary judgment motion/response or memorandum in support of discovery/objections. Grades are based on the in class presentation, the final written project (length: 12-20 pages) and the practical work product produced throughout the semester. There will be no textbook, rather, the students will read selected cases dealing with Section 1983 litigation as well a law review articles. Regular attendance is expected and required, as is participation in class discussions.

Community Economic Development Theory & Practice

                        COURSE CANCELED
Natosha Reid-Robinson

Corporate/Commercial Law Firms: Strategic Trends and Their Impact
W74-626A sec 01 (2 hours)
MON 6:00-8:00 PM
Enrollment limit: 16
Don Lents/Peter Samuelson
This course will examine changes in the legal profession - and how those changes may affect you during your career. As law firm consolidation continues - especially among firms with a corporate/commercial focus - large law firms become increasingly complex organizations. This forces changes in their strategy, organization and approach to management - and in the day to day life of their lawyers. We will examine questions such as: how are client demands and competitive challenges changing law firm strategy? What impact is the continuing growth, consolidation and globalization of large corporations having on their law firms? How are law firms changing internally as a result of these external challenges? What will corporate/commercial law firms look like in 10 to 20 years? What will it take to succeed - as a law firm, and as a partner? Students are required to attend classes and participate in class discussion. Grades will be based on class participation, weekly assignments and a group project and presentation.

IP Entertainment Law Planning & Drafting
W74 528B sec 01 (3 hours)
MON WED 5:30-7:00 PM
Enrollment limit: 24
Michael Kahn / Jeff Michelman / Donna Schmitt
This applied skills course will offer practical experience in dealing with transactional and litigation issues unique to the practice of entertainment law. The class will cover agreement common to movies, television, live theater, music, and print publishing. Drafting assignments will relate to creative control, credit, compensation, transfer of rights, and related issues. Students enrolling in the course will find it helpful to have had, or be enrolled in an introductory course in Intellectual Property, such as Copyright and Related Rights, Intro to IP Law, Trademark Law.

IP Intellectual Property Licensing: Intellectual Property and E-Commerce Planning & Drafting
W75 530D sec 01 (3 hours)
TUE THU 4:30-6:00 PM
Enrollment limit: 24
Charles Fendell / Dennis Kennedy
This course will explore the issues and techniques involved in planning for intellectual property, electronic commerce and information technology transactions and drafting supporting legal documents. You will develop an understanding of how to draft clear and comprehensive legal documents for these types of transactions through a series of weekly drafting assignments. The course will be based on real-world examples and there will be no course book. Drafting assignments may include client letters, software development agreements, electronic rights licenses, work made for hire agreements, distribution/reseller agreements, institutional and end-user licenses, original equipment manufacturers (OEM) agreements, source code escrow agreements, patent licenses, non-disclosure and employment agreements, trade secret licenses and trademark assignments and licenses, and various on-line contracts. Regular attendance and class participation are required. The grade for the course will be based on the drafting assignments and class participation. Although there is no formal prerequisite, you will find it helpful to have had or be enrolled in: Intro to IP Law; Copyright and Related Rights; Cyberspace Law; Intellectual Property Litigation; Patent Law; Trademark Practice.

IP Intellectual Property Litigation
W75 530B sec 01 (3 hours)
TUE THU 6:30-8:00 PM
Enrollment limit: 24
Greg Upchurch / Bryan Wheelock
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. Students enrolling in this course will find it helpful to have had or be enrolled in Evidence; Intro to IP Law, Copyright & Related Rights and/or Patent & Trade Secret Law.

Intellectual Property Moot Court: Patents and Copyrights
W75 606M SEC 01 (2 hours - posted to spring semester)
Enrollment limit: 6
Charles McManis
[Student 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 Regional 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 prerequisites or corequisites 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.]

Intellectual Property Moot Court: Trademarks & Unfair Competition
W75 606N SEC 01 (2 hours - posted to spring semester)
Enrollment Limit: 6
Charles McManis
[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 Brand Names Regional 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 prerequisites or corequisites 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.]

International Moot Court Team
W75 612S SEC 01 (2 hours; 1 hr posted to fall + 1 hr posted to spring)
Enrollment limit: 5
Leila Sadat
[Students do not register online for this course.]Students will be selected for Washington University's award-winning International Moot Court Team by fall tryouts open to 2L's , 3L's and international LLM students. (Information about tryouts will be distributed to students at the beginning of the school year.) The team will work together under the guidance of Professor Sadat and an adjunct professor to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Regional, and, if they win, the National and International competitions. The team's 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 team also functions as a board and runs the competition tryouts for the following year. Pre/corequisite (subject to waiver by special permission of instructor): International Legal Process or International Law. [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.]

Jury Instructions
W74 716A sec 01 (2 hours)
WED 6:00-8:00 PM
Enrollment limit: 12
Hon. David Noce
Theories and practice of the jury instruction process are presented from the perspectives of the judge, attorneys, jury and appellate courts. Attendance and preparation are expected. No final exam is administered, but students will prepare instructions and submit a research project at the conclusion of the semester. Students are required to obtain the course book from the Support Services (Room 301) and the Jury Instructions Drafting Workbook available in the University Campus Bookstore.

Mediation Theory and Practice
W74 578A SEC 01 WED 6:00 - 9:00 PM Leonard Frankel
W74 578A SEC 02 WED 1:30 - 4:30 PM C.J. Larkin
Enrollment limit: 16 (3 hours)
C.J. Larkin
(Formerly known as Alternative Dispute Resolution; Students who have taken ADR are not eligible to take Mediation Theory & Practice.) This course introduces students to the theory and practice of mediation (facilitated negotiation). The course focuses on the development of both analytical and interpersonal skills because the ability to participate successfully in negotiations and mediations, as an attorney advocate or mediator, rests on a combination of the two. The course aims to develop a set of conceptual frameworks that should help students better analyze mediations and prepare more effectively for the interpersonal aspects of mediations. Through analysis of case studies and discussion of articles, students examine lessons from both theorists and practitioners. Through participation in simulations, students have the opportunity to exercise powers of communication and persuasion, and to experiment with a variety of tactics and strategies. The simulation exercises draw from a wide variety of contexts and their aim is to provide concepts and tools that apply to all types of mediations. Student grades are based on a mid-term, final, short papers, and performance on in-class and out-of-class simulations. Students are graded according to the standard numeric grading scale. Because of the nature of this course, one student's absence will almost always adversely affect at least one other student's classroom experience. Thus, failure to attend may have an adverse impact on the absent student's grade. There are no prerequisites for this course. 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 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, August 18, 2003, 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.

Moot Court (Wiley Rutledge Competition)
W75 604S SEC 01 (1 hour)
Enrollment limit: 96
Ann Davis Shields / Bill Dorothy
[Students must register online for this intramural competition.] This course is known as the Wiley Rutledge Moot Court Competition. Note the special add/drop dates established by the members of the Moot Court Board. Students are required to attend an informational meeting at the beginning of the semester. Each student must, together with a partner, prepare an appellate brief of passable quality and present a minimum of two oral arguments of passable quality. Students must also attend two mandatory seminars on oral arguments and brief writing. This course is graded on a pass/fail basis.[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.]

Pretrial Practice and Procedure (3 hours)
Enrollment limit: 12 per section
Kimberly Jade Norwood
     W74 658L sec 01    -  Matt Homann
     WED 3:00-6:00 PM
    
     W74 658L sec 02    -  Tammy Walsh
     WED 12:00-3:00 PM
    
     W74 658L sec 03   -  Ted MacDonald / Amy Gunn
     THU 3:00-6:00 PM
    
     W74 658L sec 04   -  Vanessa Keith
     MON 5:00-8:00 PM
    
     W74 658L sec 05   -   Hon. Sandra Hemphill
     TUE 5:00-8:00 PM
   
This course covers the pretrial phase of civil litigation -- from client contact through final trial preparation and settlement negotiation. During the course of the semester students will "litigate" two personal injury actions. While most work will be individual, students sometimes will work in teams. There will be written assignments, such as pleadings, discovery requests and settlement documents. Students will be required to prepare extensively for the simulations. The course is graded modified pass/fail [High Pass (94), Pass, Low Pass (78), Fail (70)]. The final grade will be determined by the student's performance on written assignments, simulations, and participation in class discussions. A course from the ethics curriculum and Evidence may be helpful if taken before or simultaneously with this course but are not prerequisites. 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 MONDAY, AUGUST 18, 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.

IP Trademark Practice
W74 623F sec 01 (3 hours)
MON WED 6:00-7:30 PM
Enrollment limit: 24
Larry Evans / Frank Hellwig / Tom Polcyn
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 may find it helpful to have been enrolled in Intro to Intellectual Property Law, though this course is not a pre-requisite.

Trial Advocacy Competition 
W75 703A sec 01 (2 hours - posted in the spring)
Enrollment limited: 12; subject to professors' discretion.
Hon. David Mason / Stephen Palley / Mark Rudder
[Students do not enroll online for this course.] Upperclass students in good standing are eligible to try-out for the trial team. Try-outs take place during the fall semester; try-out information is distributed to students by the Clinical Program Office, Room 589. 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. [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.]

Trial Practice and Procedure
W74 597Y sec 01 (3 hours)
MON 5:00-6:00 PM and THU 6:00-8:00 PM
Enrollment limit: 48
Grady Jessup
Prereq: Students must have completed Evidence prior to taking this course; 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 hour and a second time for at least two (and sometimes up to two and one half) hours in small groups with the adjunct professors. The course will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion. Regular attendance is required. 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 new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, August 18, 2003, 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.

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