WASHINGTON UNIVERSITY SCHOOL OF LAW
COURSE DIRECTORY

APPLIED LAWYERING SKILLS COURSES
Spring 2004


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 (See Table of Contents to find list of IP curriculum courses)

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


IP Advanced Intellectual Property Litigation     
W75  530E sec 01              
(3 hours)
TUE THU 5:00 - 6:30 PM

Greg Upchurch  

Enrollment limit: 24. [Enrollment is limited to LL.M. in IP/Tech Law students. Other students wishing to request special permission to enroll must contact Prof. McManis, Director of the IP program, at mcmanis@wustl.edu .  Prof. McManis must sign the permission form, which can be found on the web at http://law.wustl.edu/Registrar/Forms/permission_take_advanced_ip.html and the form should be turned in to the Law School Registrar's Office..]
An in-depth study of selected topics in intellectual property litigation. Some knowledge of intellectual property law and federal civil procedure is presumed. The focus of the course will be on topics that are of current interest and importance in intellectual property litigation. For example, previous classes have examined Hatch-Waxman provisions relating to biotech patents; jurisdiction based upon Internet contacts; circumvention of technological measures under the Digital Millenium Copyright Act; and exclusion of expert witnesses in patent cases under Daubert.  Students will be expected to prepare four or five papers of twelve to twenty pages in length. Each topic addressed will involve a detailed examination of the relevant law, an investigation of any evidentiary issues, and a consideration of the relevant procedural steps. Most topics will be addressed for two or three weeks.


Advanced Legal Research       
W74  523B  sec 01
WED FRI 8:30 - 9:30 AM 
(2 hours)
Enrollment limit: 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.

Advanced Practical Criminal Procedure   
W74  607A sec 01
THU 5:00 - 8:00 PM        
(3 hours)
Enrollment limit: 12

Hon. Michael Burton / Hon. Jack Garvey

This applied skills course will examine various aspects of client representation and advocacy from a perspective unique to criminal practice.  Topics covered will include initial interviews( of clients or victims),  grand jury and preliminary hearings, discovery, pretrial motions and hearings, plea bargaining, voir dire, expert witnesses, jury instructions, sentencing, and post conviction proceedings.  For each topic, there will be both assigned readings and practice exercises (which include either classroom simulations or short written assignments).  Each class will have a prominent  local prosecutor or defense attorney as a guest lecturer.  Regular attendance and preparation are required.  Students will be graded based on class participation, classroom performance in the simulations, and the written assignments.  Prerequisite: Evidence.  Students are encouraged to take trial advocacy prior to taking this course (although it is not a prerequisite).


Advanced Trial Advocacy
W75  503A        
(2 hours)
Section 01: WED 4:00 - 7:00 PM - David Rosen
Section 02: TUES 6:30-9:30 PM  - Steven Holtshouser
Section 03: MON 6:30-9:30 PM - Kevin Curran
Enrollment limit: 6 per section

Prerequisites: Trial Practice & Procedure  (Note that Evidence is a prerequisite for Trial Practice & Procedure.)  
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.  To account for some inevitable overlap with the basic Trial course, the course is for two credits but will meet once a week for three hours. It will be graded on a modified pass/fail basis [HP94, P, LP78, F70]. 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.  WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, January 5, 2004, 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.


Alternative Dispute Resolution (see Mediation Theory & Practice)


Business Planning & Drafting    
W74 583F sec 01              
(3 hours)
WED FRI 9:30 - 11:00 AM
Enrollment limit: 20

Susan Hogan

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.


Commercial Real Estate Practice and Drafting 
W74  710B sec 01
TUE 6:30 - 8:30 PM        
(2 hours)
Enrollment limit: 20

Scott Hammel / Jeffery Otto
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.

IP Communications Law Theory & Practice
W74  528D sec 01
TUE 6:30 - 8:30 PM        
(2 hours)
Enrollment limit: 24

Warren Lavey / Darryl Howard / Stephen Strauss
This 2 credit hour course uses current issues facing the telecommunications, electronic media and Internet industries to develop practical legal skills. These industries are important to our society and economy, and are complex and experiencing a range of changes, troubles and challenges. The course will focus on problem-solving skills for lawyers. Students will learn how certain analytic, persuasion, negotiating and drafting skills are required by developments in telecommunications, electronic media and Internet law. The course will expose students to some of the skills of communications lawyers, such as filing comments with regulatory commissions, writing briefs to appeal an order by a regulatory commission, assessing the likely outcome of regulatory issues and drafting agreements for regulated services. Additionally, we will expose students to how issues in communications law affect a broader range of practitioners, such as in litigating digital media rights and First Amerdment issues, drafting securities offerings for companies in these industries, negotiating asset or stock acquisitions of regulated communications companies, preparing licenses for communications-related technologies, negotiating communications aspects of real estate agreements, and other related skills. Regular attendance and participation are required.  There will be two short papers, and grading will be 20% for class participation and 40% for each paper. Prior coursework in First Amendment and Administrative Law will be helpful, but not essential, for students taking this course. 

Complex Civil Litigation
W74  651A  sec 01          
(2 hours)
MON 5:00 - 7:00 PM
Enrollment limit: 30

James Bennett
This two credit hour course will explore the issues which arise in a typical large-scale civil suit involving multiple parties and will cover most of the major stages of litigation (including settlement), other than trial and appeal. The focus of the course will be on aspects of litigation largely unique to larger or more complex cases. An emphasis will be placed on class actions and cases involving disputes in multiple courts in different parts of the country. The course will focus on practical strategic concerns that arise in these cases and on developing writing skills needed to prepare the types of pleadings that are typically filed in these cases. The course will not require substantial research.  Students will be graded based on class participation, drafting assignments, and a final exam.  

Construction Law:  Practice and Drafting Issues In Development, Design and Contracting
W74  710A  sec 01          
(2 hours)
MON 6:30 - 8:30 PM  [Note slightly new times]

Joseph Colagiovanni

Enrollment limit: 20 The focus of this applied skills course will be three-fold. First, to provide the overview needed to learn how the various documents that comprise the total construction development package relate to each other. Second, to familiarize students with the language and purpose of the most common forms. Third, to give students practical experience in revising the standard documents in order to protect the interest of their clients. Each class will focus on a brief problem description, which will identify various parties and issues relating to the general topic to be discussed (e.g., termination provisions, scope of work, ownership of documents, etc.) Regular attendance and preparation will be required. There are 4 papers and a final contract drafting exercise. The final grade will be based on the drafting exercises and on class participation.


Corporate Finance Planning & Drafting
W74  539F   sec 01          
(2 hours)
WED 3:00 - 5:00 PM                       
Enrollment limit: 24

Thomas Kinsock
This course will serve as an introduction to the principles and practices of corporate finance from the specific vantage point of a legal practitioner. Course work will emphasize the practical over the theoretical, both in analysis and in application. To the extent possible, "real life" examples drawn from the world of corporate finance will be used as vehicles for instruction and criticism. Exercises in drafting financial instruments or financing plans will proceed in a context of specific problems faced by specific business enterprises, as extracted from the journals of modern business and finance. The course work will consist of selected drafting assignments, a final exam and mandatory class participation. The drafting assignments, three to five in number, will constitute a significant portion of the overall class grade (25% - 33%). The final exam will be take-home and will contain both analytical and drafting questions. It will be the largest component of the grade. Structured class participation also will represent a significant element of the overall class grade (e.g., 25%). Class participation will include at least one assigned presentation and a negotiation workshop. In addition, as part of the class participation component, the course will contain a "negotiation workshop" feature, in which designated pairs of students will be assigned as opposing counsel in a financing transaction, representing issuer or investor, respectively. Pre/Co-requisite: Corporations (or corporate finance experience)

IP Cyberspace Law         
W75  501B  sec 01              
(3 hours)
MON WED 5:00 - 6:30 PM
Enrollment limit: 30

Charles Fendell / Mark Sableman
This course will examine the law of information and commerce on the Internet.  It will consider the special liabilities of various Internet users (conduits, content providers, and users), the duties and liabilities flowing from typical Internet actions and activities (domain name use, electronic commerce, linking, use of trademarks and copyrighted materials, parody, disparagement, collection of private information), current and proposed laws and regulations directed to Internet activities (privacy, indecency, anti-spam, anti-hacking, etc.), and the laws, regulations, and structures that govern the Internet (ICANN and its predecessors).  The course will consider how practitioners handle Internet issues, in adapting existing laws and precedents to Internet issues, in helping clients prevent problems, and in resolving disputes informally or through litigation.  Although the course will focus for the most part on issues unique to the Internet, certain traditional legal issues that arise frequently in Internet law, such as trademark infringement through domain names, and the sufficiency of Internet activities for jurisdictional purposes, will be examined. Grades will be based on class participation and regular assignments throughout the semester in which students will address hypothetical practical cyberspace law issues.  There will be no final exam.  It is highly recommended that students have taken or be concurrently enrolled in any of the following courses: Introduction to Intellectual Property Law; Trademarks & Unfair Competition; Copyright & Related Rights; and Trademark Practice.

Environmental Moot Court    
W75  605N  sec 01            
(1 hour)
Enrollment limit: 96

Michael Koby
[Students must register online 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. 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.  The winning team represents the law school in the National Environmental Moot Court Competition.  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.]

Estate Planning and Drafting 
W74  628A  sec 01          
(3 hours)
TUE THU 4:30 - 6:00 PM
Enrollment limit: 20

Lawrence Brody / Steve Laiderman

This is an applied estate planning course, which will focus on the federal transfer tax system (gift, estate, and generation-skipping taxes) and their application to practical estate planning, both on a basic and a more advanced level. This course assumes some basic knowledge of federal transfer tax system; courses in estate and gift taxation and trust and estates, while not required, would provide useful background for students interested in this course. The planning portion of this course will be taught from instructor generated outlines, which cover the basics of estate planning, as well as sophisticated estate planning techniques, including marital deduction planning, charitable planning, insurance planning and advanced trust planning. The drafting portion of this course will be taught from a text book, focusing on common drafting problems and suggested solutions to drafting client will and trust documents. Depending on the time available, students may have the chance to a computerized drafting system to draft all or a portion of the various legal documents used in the estate planning process. Class time will be devoted to a discussion of the planning techniques. A majority of the grade for the course will be based on a final examination, which focuses on the planning concepts discussed in class; a small portion of the grade may be based on student participation and class meetings. Attendance and preparation are expected, but not required; again, the examination will cover what is discussed in class. Readings for each class hour will be substantial because of the advanced level of the course. 


IP Intellectual Property Licensing
W74  530C  sec 01          
(3 hours)
TUE THU 3:00 - 4:30 PM
Enrollment limit: 30

Charles McManis
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) that will be offered during the same semester, and as a companion course to two other advanced, practical skills IP courses--IP Licensing Planning & Drafting course offered during the Fall 2003 semester, and Management & Evaluation of IP Assets, offered during the Spring 2004 semester. The course will be based on Port, McManis, McElwee & Hammersley’s Licensing Intellectual Property in the Digital Age (Carolina Academic Press 1999), which will be undergoing revision for a second edition, 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 Intellectual Property Licensing: Intellectual Property & E-Commerce Planning & Drafting taught by Prof. Fendell are eligible to take this course.

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.] 

IP Management and Evaluation of Intellectual Property Assets       
W75 537A sec 01
(3 hours)
MON TUES THU 12:00 - 1:00 PM
[This advanced course is open only to LL.M. IP students. JD students wishing to take the course must request permission of Prof. McManis, Director of the IP program, at mcmanis@wustl.edu .  Prof. McManis must sign the permission form, which can be found on the web at http://law.wustl.edu/Registrar/Forms/permission_take_advanced_ip.html and the form should be turned in to the Law School Registrar's Office.]
Enrollment limit:  20

John Kepler / Grant Kang

This course will provide a survey of different systems and methods of managing intellectual property assets, both from a corporate perspective and from a law firm perspective. This management includes an in-depth review of the various processes for making intellectual property decisions over entire life cycle of a patent, trademark, copyright, trade secret, and license. Building upon this knowledge, we will learn how to conduct an evaluation of an intellectual property portfolio of a target corporation, in the context of a hostile acquisition and in the context of a friendly acquisition, and how to report the findings to the officers of a corporation. This course is open to intellectual property LLM students in the School of Law. If space is available, the adjunct professors may grant admission to this class on an individual basis to 3L students in the School of Law who have completed one or more classes on patents, trademarks, or high-tech licensing. [Interested graduate level students from non-law W.U. departments may seek permission to take this course - see instructions on the form found at http://law.wustl.edu/Registrar/Forms/nonlawrequestfrm.html; Graduate Business School students are encouraged to apply.]


Media Litigation 
W74  528C sec  01              
(2 hours)
WED 6:30 - 8:30 PM
Enrollment limit: 20

Benjamin Lipman
This course will address the nature of pre-trial litigation practice as it applies to mass media clients. The focus of the course will be upon the unique way in which the stages of litigation apply to representing media clients, emphasizing the extent to which the First Amendment varies civil practice within the media law context. The course will involve drafting pleadings and legal briefs with regard to, among other things (1) defamation actions, (2) subpoenas to the media and (3)Sunshine Law and court access issues. The course will not involve substantial research. Grading will be based upon the writing assignments, class participation and the final.

Mediation Theory and Practice  
(3 hours)      
W74  578A  sec 01 -MON 6:30 - 9:30 PM                   Alan Freed
                (note slight time change for sec 01)
W74  578A  sec 02  - CANCELED (Negotiation Theory & Practice was added in its place . . . same day/time/professor, new course number - see course description.)
W74  578A  sec 03 -WED 1:00 - 4:00 PM                   C.J. Larkin
Enrollment limit: 16 per section
Karen Tokarz / C.J. Larkin
(Formerly known as Alternative Dispute Resolution; Students who have taken ADR are not eligible to take Mediation Theory & Practice. Students who are enrolled in Negotiation Theory & Practice are precluded from taking this course.)  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, January 5, 2004, 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.  

Negotiation Theory and Practice  
(3 hours)      
W74  578C  sec 01 - THU  6:30 - 9:30 PM    -    Art Hinshaw
Enrollment limit: 16
Karen Tokarz / C.J. Larkin
(Students who have taken or are currently enrolled in Mediation Theory & Practice are precluded from taking this course.)  This course introduces students to the theory and practice of negotiation. The course addresses the following issues: competition and cooperation; problem solving; active listening; adversarial negotiations, hard bargaining, and difficult tactics; the tension between creating and distributing value; the tension between empathy and assertiveness; the tension between principles and agents; psychology in negotiation; negotiation ethics; and culture, race, and gender in negotiation. The course focuses on the development of both analytical and interpersonal skills related to negotiation because the ability to participate successfully in negotiations, as an attorney advocate, rests on a combination of the two. The course aims to develop a set of conceptual frameworks that should help students better analyze negotiations and prepare more effectively for the interpersonal aspects of negotiations. 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 negotiations. Student grades are based on short papers, performance on in-class and out-of-class simulations, and a final paper. 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. Students who have taken or are currently enrolled in Mediation Theory & Practice are precluded from taking 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, January 5, 2004, 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. [This course is pending faculty approval; if the course is not approved, students will be notified by Tues, Nov. 18.]

IP Patent Drafting    
W74  623G sec 01 (note new course number)
(3 hours)
TUE THU 6:30 - 8:00 PM
Enrollment limit: 20

Bryan Wheelock 
Students will draft patent claims and prepare and prosecute patent applications. Activities will include studying the results of [conducting] patent searches and preparing patentability opinions; drafting patent applications; preparing responses to official office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. A background in engineering or science is highly recommended. 

Є Practical Ethics for Civil Litigation
W74 561C sec 01              
(2 hours)
MON  6:30 - 8:30 PM   [Note new day]
Enrollment limit:  24
Michael Downey

[This course is part of the ethics curriculum; it is considered a survey course. Students may not take more than one survey course for credit toward their degree.  Other survey courses offered in 2002-2003 and/or this academic year are:  Legal Profession, Legal Ethics in Film, Litigation Ethics, and Lawyers & Justice]

A civil litigator often faces ethical dilemmas, including how to solicit clients, resolve conflicts of interest, and handle confidential information. This course seeks to help prepare students to identify and resolve such dilemmas. The curriculum will focus on the professional rules that govern a civil litigator's interactions with clients, opposing parties and counsel, tribunals, and others. Hypotheticals, problems, and roleplays based on real situations will be used. Grades will be based on class participation, a short mid-term drafting assignment, and a final drafting assignment final/take-home examination.


Pretrial Practice and Procedure (Employment Litigation)                              
(3 hours) 
W74 658N sec 1 - TUE             5:00 -8:00 PM           Jim Nowogrocki
W74 658N sec 2 - WED           4:00 - 7:00 PM          Mike Ferry
W74 658N sec 3 - WED           5:00 - 8:00 PM          Kate Denner
W74 658N sec 4  - FRI             12:00 - 3:00 PM         Paula Finlay Luepke
W74658N sec 5 - MON             5:00 - 8:00 PM         Charles Jellinek
W74658N sec 6 - TUE               5:00 - 8:00 PM         Hon. Sandra Hemphill


Enrollment limit: 12 per section

Pauline Kim  
This course will focus on developing the skills necessary for effective client representation at the pretrial stage of litigation, from the initial interview through settlement negotiations, in the context of employment litigation. The drafting and in-class simulation exercises are centered around two principal cases -- both dealing with allegedly unlawful job terminations.  Successful completion of the written and in‑class exercises will require mastery of basic lawyering skills, as well as the ability to analyze the factual situations presented under the appropriate substantive laws.  Thus, students should expect to do some legal research throughout the semester in order to learn and correctly apply the relevant employment laws. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are also expected to participate in simulations of the lawyering process in class each week. The course will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Grades will be based on performance on written assignments, in-class simulations and participation in class discussion. Each section of the class, each limited to a maximum of 12 students, will meet separately throughout the semester.  Please note that each section is an independent class which meets at a different time with a different instructor or instructors.  Course work in Professional Ethics, Evidence, Employment Law and Employment Discrimination 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, January 5, 2004, 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.  

Securities Law Litigation and Arbitration 
W74-568A sec 01                                                 
(2 hours)
MON  6:30-8:30 PM

Enrollment limit: 16

Joseph Soraghan
Pre/Co-requisite:  Securities Regulation. This 2 credit hour 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 National Association of Securities Dealers. There will be several drafting exercises designed to prepare students for motion practice and related proceedings in securities litigation and arbitration. We will also address the case law and the recently adopted Sarbanes-Oxley Act concerning the responsibility and liability of lawyers in their representation of clients in securities law matters generally, not only in litigation, and students will prepare written memoranda advising in-house counsel thereof. We will study the shift of most securities industry disputes to arbitration for resolution, 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 up to 20% of the grade. The remainder of the grade will be based on writing and drafting assignments and possibly a final exam.

IP Sports Law Planning & Drafting    
W74 510D sec 01              
(2 hours)
WED 7:00 - 9:00 PM  
Enrollment limit:  24

Robert Lattinville
This course examines the legal and regulatory environment of professional and amateur sports.  The lawyer's expanding opportunities and responsibilities are explored in this $100 billion a year industry commanding expertise in numerous and diverse practice areas.  A working knowledge of antitrust, labor, constitutional, administrative and contract law will be established and applied.  The course will survey the breadth of issues, conventional and emerging, which challenge the lawyers practicing in the sports industry. Depth of study will be achieved via class projects and a final drafting exam addressing fundamental principles of amateur and professional sports law as well as recent developments in this growing area.

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 register 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 & Procedure   
W74  597Q  sec 01          
(3 hours)
MON 5:00 - 6:30 PM
THU 6:00 - 8:00 PM
Enrollment limit: 48

Peter Joy  
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, January 5, 2004, 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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