WASHINGTON UNIVERSITY SCHOOL OF LAW
COURSE DIRECTORY

SEMINARS
FALL 2003


Registration: Students interested in taking a seminar should submit a preference form online at http://law.wustl.edu/Registrar/Forms/Prereg/ by 5:00 p.m., Thursday, March 27, 2003 (or after pre-registration, submit an email to Colleen Erker at erker@wulaw.wustl.edu). Enrollment confirmation notices will be emailed to students who get into a seminar. Students who do not receive an enrollment confirmation should assume that their names are on the appropriate waitlist(s) and will be notified if a spot becomes available.

Limitations on withdrawal from seminars: Students wishing to drop a seminar after the seminar has had its first meeting must obtain permission from the instructor on a "Seminar Add/Drop form" to withdraw from the seminar. Note that it may be difficult to obtain instructor permission to withdraw from any oversubscribed seminar after the time has passed during which the instructor will permit another student to enroll.

The research and writing requirement: All students are required to receive credit in one Seminar. (Supervised Research does not fulfill the research and writing requirement.) Students are encouraged to read the course descriptions carefully for details about the seminar, such as the structure (in terms of how often it meets as a group or in individual sessions with the faculty member) and other requirements.


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.


Death Penalty Seminar
W76 732S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Katherine Barnes
This seminar examines the Capital Punishment system in the United States. The course begins by examining the constitutionality of the death penalty broadly, then focuses on specific issues with the implementation and constitutional regulation of the death penalty, including the importance of the jury, the execution of mentally retarded and juveniles, claims of innocence, and the effect of race on capital sentencing. Mechanics and Writing Requirement: The class has two components: weekly meetings to discuss assigned readings, and the completion of a significant scholarly research paper. Students are expected to read the assigned materials and participate actively in class discussion. Class attendance is mandatory. Students must submit a topic statement, rough draft, and final revised version of the research paper. The instructor will provide feedback on drafts and meet individually with students to discuss papers during the course of the semester.

Environmental & Land Use Litigation Seminar
W76 630S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit:16
Daniel Mandelker
This seminar will meet as a group on a periodic basis. Litigation issues and strategies play a critical role in shaping land use and environmental law. The seminar will be based on a hypothetical environmental or land use case. During the first part of the seminar each student will prepare either an amicus or party brief in support of one of the parties in the case. In the second part of the seminar these roles will be reversed. A student who prepared a party brief will prepare an amicus brief for the other side. A student who prepared an amicus brief will prepare a party brief for the other side. Each brief will also be revised once. Oral arguments before a panel of judges will be schedule for students who want to argue the case. All briefs will be eight pages in length. The class will meet periodically during the semester to discuss the writing assignments. The emphasis in the seminar is on writing and presentation. Research sources will be made accessible.

IP Genetics Ethics, Law & Policy Seminar
W76 729S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Rebecca Dresser
In this seminar, students will learn about selected issues in genetics law and policy. Besides informing students about an increasingly important area in law and science, the course will help students develop their skills in critical and interdisciplinary analysis. During the first part of the seminar, class members will read general materials that will supply a basis for their individual work on specific topics. The readings will address a variety of topics relevant to genetics law and policy, including genetic discrimination, prenatal and presymptomatic genetic testing, coverage of health care for genetic conditions, genetics research, and issues related to state-sponsored and private eugenics. Students will write a 25-30 page paper on a topic chosen from a list of topics addressed in the seminar readings. You will submit a paper outline and write a first and final draft of your paper. You will also lead a class discussion of your paper topic. I will meet with you individually to discuss your research, writing, and class presentation. The seminar will meet regularly except for a few weeks set aside for writing time and individual meetings with me. You will be expected to attend class and to participate in the discussions. There are no prerequisites for this seminar. The seminar is not part of the Ethics Curriculum.

Immigrants’ Rights Seminar
W76 726S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Steven Legomsky
In this writing seminar, each student will explore in depth, in a scholarly paper comparable in scope and quality to a law review note, a legal problem related to the course title. The general subject matter encompasses all of immigration law (see course description for that subject) plus all other areas of the law that implicate the rights and obligations of noncitizens, as well as issues concerning the citizenship laws of the United States or other nations. Examples of paper topics include noncitizens' eligibility for welfare benefits, entry into selected professions, government employment, voting and other political activity, land ownership, access to the courts, to public schools, and to other public services, and noncitizens' susceptibility to tax liability, conscription, detention, etc. The instructor will provide a list of specific suggestions for papers, but students will be free to write on other suitable topics within the subject matter of the course after receiving approval from the instructor. Each paper will progress from topic selection to a detailed written outline, to at least two drafts. We shall meet formally as a group at the start of the semester and later on as the need arises. Individual conferences also will be mandatory. Apart from the required meetings, students will consult with the instructor throughout the semester. There are no formal prerequisites or corequisites, but students who have not taken immigration law might need to do some extra work at the beginning to familiarize themselves with basic concepts.

IP International Investment Law Seminar
W76 612S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
A. Peter Mutharika
(This seminar does not meet as a group on a regular basis.)
Enrollment limit: 16.  Introduction to current legal relationships between foreign investors and entities (both governmental and non-governmental) in the investee estate and examination of the legal factors that influence an investment decision and how investment agreements are structured. Among the topics to be considered are U.S. and foreign investment laws and regulations, investment restrictions and incentives, currency controls, licensing, joint business ventures, expropriation and compensation, settlement of investment disputes, transnational corporations, and codes of conduct. Students will be required to write a paper of publishable quality. There will be one group meeting at the beginning of the semester. After that, I will hold individual conferences at various intervals to discuss topic selection, abstract and outline, and partial draft.  (8/12/03 - Moved from Spring 2004 semester to Fall 2003 semester.)

IP Law and Economics of Patents Seminar
W76 731S sec 02 (3 hours)
MON 3:00 - 5:00 pm (Class will meet only on the first day and attendance on that day is required.)
Enrollment limit: 16
Scott Kieff
This seminar will allow students to explore a variety of doctrinal areas of patent law using the tool of law and economics analysis. Questions that will be considered include: What are the relative impacts of giving patents or cash? What happens when patents are enforceable with injunctions as compared with only suits for actual money damages? What are the impacts of allowing patentees to sue or license those who otherwise would be liable only for indirect infringement? What are the impacts of patents in areas of high public need, such as drugs to treat anthrax infection when under a threat? How do patents and antitrust interact? What do patents do for developing countries? How do our rules for determining patentability function? This is a heavy research and writing seminar designed for students who want to think deeply and independently about a topic. The class will meet once at the beginning of the semester and attendance on that day is required. A final paper of about 35 pages will be due at the end. In between, the student will conduct research, write a first draft, and make substantial revisions. This seminar will be run as individualized writing projects in which the students will improve their skills as effective researchers, thinkers, and writers and in which they will receive significant feedback from the instructor in the form of written comments, and will be required to submit subsequent written work that incorporates those comments. Students will also learn a great deal about their own discrete topic. The instructor will provide a list of specific suggestions for paper topics, but students will be free to write on other suitable topics within the subject matter of the course after receiving approval from the instructor. From time to time throughout the semester some individualized meetings with the instructor will be available. There are no course prerequisites; but this seminar is designed for students who wish to work seriously and independently on a specific topic in the field in order to hone their research, analytical, and writing skills while learning about their topic, all with guidance and feedback from a faculty member focused on the same. [Subject to faculty approval. Assume course is approved unless you receive notification by email to the contrary by Noon on Wednesday, March 26 2003.]

Lawyering for Social Justice Seminar 
W76-735S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Barbara Flagg
This seminar will explore the relationship between law and social justice in several different contexts, including the structure of the legal profession and the delivery of legal services; the efforts to achieve social justice and civil rights through litigation; the problem of access to courts and the role of the judiciary; and the role of lawyers working with community movements. The class will meet weekly during the first half of the semester to discuss readings in the assigned coursebook, Social Justice: Professionals, Communities, and Law, (by Mahoney, Calmore, and Wildman, 2003) and again during the final four weeks to hear student presentations. Each student will complete two reflection pieces, and a first and final draft of a paper on social justice lawyering having a practical rather than theoretical focus. The reflection pieces and paper will total approximately 25 pages in length. Grades will be based on the written assignments and participation, including the student presentations.

IP Perspectives on Property Law Seminar
W76 734S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Steven Gunn
In the preface to his reader, Economic Foundations of Law (1975), Bruce A. Ackerman, Sterling Professor of Law and Political Science at Yale University, wrote: "The institution of private property . . . serves as the linchpin of our economic organization, and . . . its proper study [can] enlighten the fundamental premises of a wide range of legal phenomena." The subjects for which the study of property law is elementary are numerous, indeed, including environmental and natural resources law, poverty and welfare law, intellectual property, urban planning, public land use controls, real estate transactions, marital property transactions, inheritance, and taxation, to name a few. This course will explore numerous perspectives on property law, including: theories of the origin of property rights; the relationship between property rights and prosperity, power, and justice; the right to control the use of land; and the interplay of property, contracts, and tort liability rules. Consideration will be given to the evolution of property law concepts since the founding of the United States. Topics will include: estates in land, servitudes, and transfers of interests; landlord and tenant law, rental housing markets, minimum housing standards, and rent control; land use controls, segregation, and the environment; and eminent domain and takings. Students will read a collection of leading writings on the fundamental issues of property law, including the excerpts contained in the successor to Professor Ackerman’s reader: Perspectives on Property Law (2002), edited by Professors Robert C. Ellickson, Carol M. Rose, and Bruce A. Ackerman. Each student will be expected to write a final course paper whose length shall be a minimum of 25 pages. Students will have the opportunity to develop their ideas in weekly seminar sessions and individual instructor-student conferences. Students will receive significant oral and written feedback on drafts of their papers, and will have the opportunity to incorporate that feedback in final, graded drafts. In their papers, students will be required to demonstrate a thorough background in a specific area of property law and the ability to engage the relevant perspectives and theories presented in the seminar.

IP Privacy Law Seminar
W76 728S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Neil Richards
This readings seminar will focus on the American law relating to the hard-to-define concepts of personal and informational privacy. Particular attention will be paid to the following topics: (1) the problems associated with coming up with a useful definition of the term "privacy"; (2) philosophical and historical development of and justifications for a right to privacy; (3) the emerging law of information privacy – usually defined as the right of individuals to control the use of information about themselves – in the context of new technologies; (4) the tensions between privacy rights and the First Amendment; (5) the similarities and differences between the privacy rights of individuals against other individuals (commonly termed "tort privacy") and the privacy rights of individuals against the government (particularly in the law enforcement context). Because privacy law is a sprawling and often incoherent area of law, critical discussions of the nature, purposes, and utility of privacy law are essential. Thus, 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 writing assignments will require students to engage in critical analysis of the readings rather than original supervised research. Grades will be based upon a combination of class participation and two writing assignments in reaction to the readings that will total 20 - 30 pages over the course of the semester. Students will have the ability to revise writing assignments after receiving feedback.

Tax Policy Seminar
W78 727S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Nancy Staudt
This course will examine tax policy in the Supreme Court. We will focus on Supreme Court tax decisions since 1913 (when Congress adopted the federal income tax) and investigate the policy rationales underlying the outcomes in each case. In particular, we will explore issues of tax fairness, economic efficiency, administrative concerns, and revenue raising issues. The underlying purpose of the seminar will be first to understand the tax policymaking that takes place in the Court's perspective and second to critique the policymaking from a normative perspective. Seminar requirements include a written paper at least 25 pages in length.

White Collar Crime Seminar
W76 727S sec 01 (3 hours)
MON 3:00-5:00 PM
Enrollment limit: 16
Kathleen Brickey
Financial accounting scandals of unparalleled dimensions have dominated the news since October, 2001, when Enron announced a $618 million loss for the third quarter and reduced shareholder equity by $1.2 billion. The events that followed resulted in Enron’s filing of the largest bankruptcy in our nation’s history; the obstruction of justice convictions of Enron’s auditor, Arthur Andersen, and Andersen’s lead Enron engagement partner; and a proliferation of civil and criminal investigations into possible accounting fraud by other Andersen clients – including WorldCom. Between March of 2002 and February of 2003, more than three dozen corporate owners, executives, and employees were indicted for fraud and related offenses arising out of the current scandals. The spheres of official inquiry continue to expand to include the role that lawyers, accountants, stock analysts, and investment banks may have played in the scandals; issues relating to lavish executive compensation arrangements, particularly the use of stock options as incentives; the role of the board of directors; and the creation of abusive tax shelters. The scandals have also spawned countless congressional investigations and reports – in addition to reports on the findings of internal corporate investigations – and led to the enactment of a major corporate governance reform bill, the Sarbanes-Oxley Act of 2002. Students enrolled in this seminar will write a paper on some aspect of these scandals. The length of the papers will be approximately 30 pages, and students will be required to meet firm deadlines for topic selection, submission of a preliminary outline, and submission of first and final drafts of their papers.

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