Spring 2004

o =Courses that satisfy the ethics requirement (See Table of Contents to find list of ethics courses)
=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.

American Legal History
W74  698B sec 01 
(3 hours)
MON TUE THU 1:00-2:00 PM

David Konig
A survey of the development of law and legal institutions in American History, examining continuity and change in the English common law tradition under the impact of social, economic, and political forces.  Coverage will be comprehensive, but will emphasize the way that the law has responded to those factors by redefining the status and rights of individuals and has conferred protections or limits on the institutions they created.  Among the topiWASHINGTON UNIVERSITY SCHOOL OF LAW COURSE DIRECTORY - 2003-2004cs covered will be: property (in objects and in persons, including slavery), the family, crime and punishment (including the regulation of  religion, sexuality, and reproduction), and the competition of various legal institutions to control the course of change.  We will also examine how and why "law on the books" has differed from "law in action" in the American experience.

IP Antitrust
W74  611D sec 01  
(3 hours)
MON TUE THU 10:00- 11:00 AM

Dorsey Ellis
The antitrust course deals with the body of law, primarily federal, that is intended to make the market system function fairly and efficiently. The course will focus on monopoly and competition, the role that competition plays in society and the ways in which courts and agencies have applied the antitrust laws to further competitive goals. The substantive law considered in the course will cover horizontal restraints among competitors, vertical restraints between manufacturers and dealers, monopolization, mergers, and the interplay between antitrust law and the law protecting intellectual property. Economic principles will be discussed under the assumption that the students have not studied economics prior to taking the course. Attendance and preparation are required. There will be a three hour examination.

IP Bioethics & Law
W74 593A sec 01  
(3 hours)
MON TUE THU 12:00- 1:00 PM

Rebecca Dresser
This course considers how the legal and policy systems reconcile competing values and interests in controversies surrounding the practice of medicine. Case law, legislation, advisory policies, and institutional policies will be examined, as well as selected commentary from the legal, medical, and philosophical perspectives. Substantive topics to be addressed include definitions of death, competent patients' right to refuse treatment, decisions on life-sustaining treatment for incompetent patients (including children), active euthanasia and assisted suicide, hospital ethics consultants and committees, organ transplantation, and selected issues raised by genetics and assisted reproduction. There are no prerequisites for this course. Grade is based on class participation, one short paper and presentation, and performance on take-home examination. (This course is not part of the ethics curriculum.)

Business Acquisitions  
W74  540B sec 01  
(3 hours)
MON TUE 12:00 - 1:30 PM
Enrollment limit: 50

Joseph Lehrer
This three credit hour course will be a highly practical approach to acquisitive business transactions.  Emphasis will be placed on the role of the business attorney as a facilitator for the transaction, and the premise of the course is that the business attorney should enhance the value of the transaction for the business client.  The Course emphasizes the multiple skills and disciplines utilized by the attorney engaged in an acquisition transaction.  In that regard, we will analyze the financial, business, tax and legal issues involved in the negotiation, structuring and documentation of a business acquisition.  The Course begins with an analysis of the motivations of the buyer and seller, with a brief explanation of the principles used in determining and structuring the purchase price for a business.  The Course continues with an analysis of the various transaction structures used in business acquisitions and an in depth analysis of the negotiating process, legal issues and the documentation of the acquisitive transaction.  The Course is best suited for a student who has an interest in business transactions as a future vocation, whether as a lawyer, financier or investment banker.  Students will be expected to be prepared for and participate in class, and there will be a final exam.  Pre/co-requisites: Corporations.  It would be helpful, but not necessary, to have taken or be taking Corporate Taxation.

Є Comparative Professional Ethics: Law & Medicine
W74  707C sec 01
 (2 hours)
MON 6:30 - 8:30 PM
Enrollment Limit: 35.
Monica Allen
(Formerly called Law, Medicine, & Ethics.) This course is a part of the ethics curriculum; it is not considered a survey ethics course; therefore, a student could take this course and any other ethics course for degree credit.) The ethical codes governing lawyers and physicians have many areas of overlap, yet each discipline operates from a different conceptual model. We will consider the implications of the adversarial model underlying the rules of professional conduct for lawyers, as contrasted with the more collaborative model underlying the principles of medical ethics. Specific subjects will include the duties of confidentiality, conflicts of interest, informed consent and professional competence. Class attendance and participation are expected.

Constitutional Law II (see Individual Rights & the Constitution, Fall 2003 and Spring 2004

Constitutional Law III (see Speech, Press & the Constitution, Spring 2004)

Consumer Transactions
W74 589A sec 01
(3 hours)
TUE WED THU 2:00-3:00 PM

Michael Greenfield
What are the rights and obligations of you and your clients as consumers? What are the rights and obligations of your retail business clients? The marketplace for consumer transactions is very different in several important ways from the marketplace for commercial transactions. Although many of the rules governing marketplace behavior are the same for both types of transactions, many are not. This course examines the rules that govern consumer transactions from their formation to their completion or enforcement. It covers such topics as fraud, automobile sales and leases, mandatory disclosure rules, credit reports, lemon laws, debt collection, and repossession. One of the key values of the course is that it examines how several subjects traditionally studied as distinct areas of law actually interrelate with one another to govern a particular type of transaction. Thus, the course draws on and extends your knowledge of contracts, torts, commercial law, procedure, arbitration, etc. There are no prerequisites. Regular attendance and preparation are required. There will be timed examination.

IP Copyright and Related Rights  
W74  643A   SEC 01
(3 hours)
MON TUE THU 9:00 -10:00 AM
Charles McManis
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.

Corporate Reorganizations: Taxation
W74-648C sec 01
(2 hours)
MON TUE   9:00-11:00 AM and THU 10:00-11:00 AM
(Meets for last 5 1/2 weeks of semester.)*

Peter Wiedenbeck

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 (next listed below).  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 (asset 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 2004 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  final examination.  Additional course information will be posted on the web at http://law.wustl.edu/Academics/Faculty/Wiedenbeck. 

*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 2004 the Corporate Taxation course will meet 5 hours per week for 42 class hours (about the first 8 1/2 weeks of the semester), after which this course, Corporate Reorganizations -  Taxation, will begin meeting in the same days/times (5 hours per week) for 28 class hours (about the last 5 1/2 weeks of classes). Students enrolled in Corporate Reorganizations who are not taking Corporate Taxation in Spring 2004 will be reminded 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.

Corporate Taxation      
W74-648E sec 01              
(3 hours)
MON TUE   9:00-11:00 AM and THU 10:00-11:00 AM
(Meets for first 8 1/2 weeks of semester.)*
Peter Wiedenbeck

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 and capitalization, distributions to shareholders, redemptions of stock, corporate liquidations and taxable dispositions of a corporate business (both stock and asset sales).  The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods.  Federal Income Taxation is not a prerequisite for this course, but former students indicate that it is highly desirable to take Federal Income Tax before taking this course.  Attendance and preparation are required and sanctions will be imposed on serious offenders.  The course grade will be based predominately on a final examination.  Additional course information is available on the web at http://law.wustl.edu/Academics/Faculty/Wiedenbeck. 

*Note well:  This 3-credit course will meet 5 hours per week for the first 8 1/2 weeks of the semester.  The final examination will be administered in late March, about 2 weeks after the last class meeting, but before the regular end of classes

W74  538L sec 01              
(3 hours)
MON TUES 1:30 - 3:00 PM

Joel Seligman
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.

Criminal Justice Administration I 
W74 542D sec 01              
(3 hours)
WED FRI 9:30 - 11:00 AM

Katherine Barnes
This course covers the first half of the criminal process, focusing on the constitutional constraints on criminal law enforcement. Topics include the law of arrest, search and seizure, interrogations and confessions, and the right to counsel. Class participation and consistent attendance are required.

Employment Discrimination 
W74 590C sec 01              
(3 hours)
WED FRI 9:30 - 11:00 AM

Laura Rosenbury
This course will examine employment discrimination based on national origin, race, religion, sex, sexual orientation, pregnancy, age, and 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. ' 1981. There will also be considerable discussion and analysis of recent U.S. Supreme Court employment discrimination cases.  Specific topics will include hiring, promotion, and termination policies, reasonable accommodation, bona fide occupation qualifications, affirmative action, stereotyping, and harassment.  Grades will be based on a scheduled eight-hour take-home final examination.  

Employment Law         
W74 613B sec 01              
(3 hours)
MON TUE THU 11:00 AM - 12:00 NOON

Pauline Kim
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 also will 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 regulate 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 will we spend a substantial amount of time on any of the various statutes prohibiting employment discrimination.

Є Ethics of Lawyering in Government (D.C. Clinic)
W74  722A sec 01             
(3 hours)
MON mornings, FRI afternoons
Open only to students enrolled in Congressional & Administrative Law Clinic

Kathleen Clark

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. This course is taught in Washington D.C. in conjunction with our Congressional and Administrative Law Clinic.  It will cover the ethics of policy making, ethics regulations that are applicable to all government officials, the law governing lawyer conduct, and the professional and other rules specific to government lawyers and lobbyists.  Students will be expected to participate in class discussions and complete several written assignments about the ethical issues they encounter in their work places. 

W74  547L sec 01  (Note new course number & different professor)
(3 hours)
WED THU FRI 1:00 - 2:00 PM

Jane Aiken
Study of the principles and rules that regulate the process of proving facts at trial, including both the Federal Rules of Evidence (the primary focus of the course) and their common law counterparts. 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, and expert testimony. Class participation and consistent attendance are required.

Family Law
W74  548 sec  01             
(4 hours)
MON TUE THU FRI 11:00 AM - 12:00 NOON

Susan Appleton
This course examines legal and related non‑legal materials on the law of family and quasi‑family relationships. Specific topics include the law of reproductive rights, marriage, marital property regimes, divorce, child custody, non‑marital cohabitation, non‑traditional families, parental authority over children, illegitimacy, support duties, child abuse and neglect, and adoption and other ways of adding children to one's family, as well as broad theoretical issues such as family privacy, constitutional protection of the family, alternative concepts of "family", and feminist legal perspectives. The assignments include multi‑disciplinary materials as well as non‑legal readings illustrating the ways in which Family Law affects real families and their members.  Regular class attendance and participation are required. Taking Individual Rights and the Constitution (formerly Constitutional Law II) before or concurrently with Family Law is recommended, but not required.

Federal Income Tax
W74  549J sec  01             
(4 hours)
TUE THU 4:30 - 6:30 PM

Nancy Staudt
An introduction to the basic principles of the federal personal income tax. Topics treated will include federal tax procedure, the definition of gross income, exclusions and deductions from gross income, and timing issues. The course is designed to equip students to handle common personal income tax problems likely to arise in general practice.  The course emphasizes a critical examination of the provisions of the Internal Revenue code and the Treasury Regulations so that students may become proficient in the use of these basic tax tools.  The teaching methods and materials used in the course are intended to encourage independent thought and critical analysis of the law and policy of federal income taxation.

Federal Indian Law
W74 635C sec 01            
(3 hours)
TUE THU 4:30 - 6:00 PM

Steven Gunn
This course will examine a number of central issues of federal law affecting American Indians. The course will explore the foundational principles and doctrines governing the legal and political relationships among the United States, Indian tribes, and the several states. Emphasis will be given to modern jurisdictional conflicts among the three sovereigns, particularly their competition over authority to regulate conduct, punish crimes, and tax activities by Indians and non-Indians on Indian reservations and lands. Other topics will include: tribal sovereignty, self-government, and self-determination; the preservation of Indian cultures and religions, including the right of Indians to practice their traditional religions at off-reservation sacred sites; and issues of economic development in Indian country, including the right of Indians to hunt and fish, to own and use natural resources land, water, and minerals, and to operate gaming enterprises. No prerequisites. Examination.

Federal Jurisdiction    
W74 634C sec 01             
(2 hours)
WED 12:00 - 2:00 PM

Barbara Flagg
This course will cover justiciability (the Article III "case or controversy" requirement, standing, ripeness, mootness, and the political question doctrine) and Eleventh Amendment sovereign immunity.  The course grade will be based on several brief written assignments and a final examination.

Financial Accounting for Lawyers 
W74 621C sec 01  (Note new course number)
(2 hours)
WED 3:00 - 5:00 PM

Ronald King
This course focuses on financial accounting issues, including recognition, measurement, and presentation and how these issues arise and are resolved in financial reporting. We cover the four primary financial statements (balance sheet, income statement, statement of stockholders' equity, and statement of cash flows), the supporting footnotes to these statements, the management discussion & analysis, and the primary reports (annual reports, 10ks, 10Qs, 8Ks, etc.). The course takes a user's perspective, and thus emphasizes the analysis and interpretation of financial statements. Linkages to legal issues are developed. The evaluation of students will be based on homework (40%) and a final exam (60%). Class attendance and participation is expected.

Foundations of European Community Law          
W74 705A sec 01             
(2 hours)
MON TUE 11:00 - 12:00 NOON

Leila Sadat
With the establishment of monetary union and a single currency to rival the dollar, the European Union has stepped up to challenge the United States' hegemony over the world's resources, as well proposing an alternative model to the American way of regulating international legal affairs.  Indeed, Europe has largely supplanted the United States in legal theory and in establishing international institutions that can address global problems.  This course will explore how the EU accomplished this.  This first part of the course will examine the legal and institutional framework of the European Union  -- how the European Union makes law and enforces it, as well as the relationship between European Union law and the law of the Union's Member States.  Subsequently, problems involving the creation and functioning of the "common market" will be addressed, and the focus will turn to several substantive areas of European Union legislation.  Part of the focus of the course will be on European Union law-making and law-makers, but a significant portion of our time will be spent on broader policy issues that involve the Union's status as the first truly supranational (rather than merely intergovernmental) organization of Nations.  Thus, the purpose will be not only to "learn the law" but to understand and critique the law-making process. In keeping with tradition, the "annual" European Union wine-tasting will  be held sometime during the second-half of the semester.  The exam will be a twenty-four hour take home.

Immigration Law               
W74 630 sec 01
(3 hours)
MON TUE THU 10:00 -11:00 AM

Stephen Legomsky
Immigration law covers the constitutional foundations of immigration control; the admission of noncitizens to the United States; deportation; refugees and political asylum; undocumented migrants; and the acquisition and loss of United States citizenship. In addition to carefully reasoned legal analysis, these subjects will require consideration of the moral, political, and foreign affairs implications of immigration control. Students will analyze a wide variety of fact problems requiring strategic decisions. Students also will participate in several simulation exercises, including possibly a mock removal hearing, legislative committee testimony, a mock congressional debate, and appellate argument. There are no prerequisites or co-requisites. Regular attendance and rigorous preparation will be required.  Grades will be based on a timed final examination.

Individual Rights & the Constitution (formerly Constitutional Law II) 
W74 609G sec 01             
(4 hours)
TUE THU 4:30 - 6:30 PM

Barbara Flagg
This course will examine judicial interpretations of the Fourteenth Amendment.  Topics to be covered include equal protection, substantive due process (the right of privacy), and equal protection fundamental interest analysis.  The course also emphasizes the  acquisition of analytic skills.  It will be taught entirely through the analysis of complex constitutional problems.  Students will work on a series of four problems (for a period of approximately three weeks per problem), preparing a written brief, bench memo, or judicial opinion for each problem.  Students will work in groups of three or four individuals, and each group will meet weekly with the instructor to discuss their progress on the assigned problem.  The class will meet as a whole every third week, as work on a particular problem draws to a close.  These class discussions will include groups' reports on their written work, and lectures on the issues, background cases, and underlying constitutional norms implicated by the assigned problems.  The final grade will be based on three collaborative written assignments, one written assignment completed individually, participation, and self evaluation.  There will be no final exam.  Students who enroll in this class should be prepared to work at a steady pace throughout the semester.  Students who have taken Con Law II are not eligible to take this course.

IP International Legal Process                
W74 713D sec 01 (Note new course number)
(3 hours)
TUE THU 3:00 - 4:30 PM

Stephen Legomsky
This course will introduce students to the basic processes of the international legal system.  The course will cover the major sources of international law, including the fundamental similarities and differences between domestic legal processes and the international legal system, the role and modern relevance of international law, its practical enforceability. and several selected substantive areas.  There are no prerequisites or co-requisites.  Regular attendance and rigorous preparation will be required.  Grades will be based on a timed final examination.

International Organizations   
W74  560A sec 01               
(3 hours)

Peter Mutharika

Land Use Law
W74  615 sec 01 
(3 hours)
TUE THU 3:00 - 4:30 PM

Daniel Mandelker
The course in Land use Law considers the land we live in, how we use and preserve it, and how we build our cities and towns. We begin by reviewing the land use planning process and what it means, and then consider the takings cases that set 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 supplementary visual, statutory and regulatory materials. Class participation and attendance are required subject to excuse. One unexcused absence is permitted. There is an twenty-four hour, take-home, open book examination.

Є Lawyers and Justice: Ethics in Public Lawyering   
W74-562A sec 01             
(3 hours)
WED THU 1:00 - 2:30 PM  [Note new days/times]

Tomiko Brown-Nagin
[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, Practical Ethics for Civil Litigation and Litigation Ethics]
This course focuses on the legal and ethical responsibilities of four categories of lawyers: those involved in "impact" or class-action litigation who affirmatively seek to alter social and/or economic relations through law; those who indirectly affect the public’s interest by virtue of their clients’ involvement in industries regulated by agencies such as the SEC and EPA; those who represent organizations such as labor unions or corporations; and criminal lawyers, including prosecutors and criminal defense lawyers. The course explores fundamental questions in public lawyering such as: Who is the client in class-action litigation? Whose conception of justice controls or should control decision making in public lawyering? How should inadequate representation be defined in the public law context? How should conflicts of interest between lawyers and clients and among clients be resolved in impact litigation? What normative judgments about public lawyering are embodied in the model professional rules governing lawyer conduct? Are the model rules equally appropriate guidance for lawyers practicing in the public and private law contexts? Under what circumstances should a lawyer serving a private client consider the public impact of legal advocacy? How might values not specifically mandated in the rules, such as corporate social responsibility, figure into a practitioner’s conception of just lawyering? Students enrolled in this course are expected not only to master the formal rules governing the lawyer/client relationship, but also to think critically about law and morality. Examination.

IP Patent Law               
W74  623H sec 01  (Note new course number)             
(3 hours)
MON TUE THU 2:00 - 3:00 PM

Timothy Holbrook
This class is designed to introduce students to the core principles in patent law. A technical background is not required; the cases and exam do not require substantive scientific knowledge. Public policies and theories underlying various intellectual property protection systems are analyzed as background for understanding the fundamental concepts of U.S. patent law. The nature of patentable subject matter in the U.S. and the statutory requirements of utility, novelty, nonobviousness, and the disclosure requirements are examined in detail. The class also explores the enforcement of patent rights, including issues of construing patent claims and infringement under the doctrine of equivalents. Equitable defenses, including laches, estoppel, and misuse are explored, as well as remedies. There will be a timed, final exam. Class participation will be considered in determining final grades.

Public Interest Lawyering 
W74 605A sec 01             
(2 hours)
TUE 5:00 - 6:30 PM
WED 8:30 - 9:30 AM

Karen Tokarz
Enrollment limit: 20 (approx. 10 second-years / approx. 10 third-years).  In 2003-04, as it does each year, the Clinical Education Program will co-sponsor the annual Public Interest Law Speaker Series.  In addition, the Clinical Education Program will sponsor a conference in spring 2004 on AMental Health and the Law@ involving nationally prominent scholars in law, psychology, and social work.  This readings course will run parallel with the spring portion of the series and the conference, and provide a way for students to study the work of the visiting speakers and then to discuss the issues with the authors.  The course will meet regularly once or twice a week. Some of the class sessions may need to be adjusted to fit the schedules of the Public Interest Law Speaker Series speakers and the conference speakers.  Students in the course will read selected works of the visiting speakers and then meet with the speakers to discuss their scholarship and their practice.  The class will be divided up so that each student focuses on the work of at least three speakers.  Students also may read a few works of some of the other visitors.  The goal is for students to read a range of material that will provide an overview of the field of public interest lawyering.  It is essential that students do the reading in preparation for their meetings with the visitors.  Students must have some flexibility in their schedules so they can meet with the visitors. In an attempt to keep the meetings with the visiting scholars as informal as possible, the class has been limited to an enrollment of 20, with 10 slots available to second year students. The grade for the course will be based upon a 10-15 page paper that each student will write applying ideas from one or more of the visitors to a new topic of the student=s choosing.  The final grade also will be adjusted for the quality of participation in the discussion sessions with the visitors.

W74 567K sec 01              
(3 hours)
WED FRI 9:30 - 11:00 AM

Tomiko Brown-Nagin
This course discusses the remedies available for various civil causes of action, including damages, restitution, injunctions and other equitable relief. Topics include the philosophical justifications for the imposition of various remedies, value judgments involved in determining monetary awards, and the difficulties involved in structuring and enforcing remedies against governmental and insolvent entities. Take-home examination

Speech, Press & the Constitution (formerly Con Law III)     
W74 609K sec 01
(2 hours)
MON TUE 2:00 - 3:00 PM

Neil Richards
This course is intended to provide an overview of the jurisprudence of the free speech and press clauses of the First Amendment to the United States 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 a number of topics in the jurisprudence, including subversive advocacy, hate speech and Afighting words,@ sexually explicit expression, commercial speech, compelled speech, campaign finance regulation, and the tension between tort law (including libel law and privacy rights) and the First Amendment.  Attendance and participation are essential.  There will be a final examination. Students who have taken Con Law III are not eligible to take this course.

Supreme Court       
W74 529A sec 01             
(3 hours)
WED 3:00 - 5:00 PM
Enrollment limit: 20

Lee Epstein
This course is cross listed with the Political Science Department (L32-530) and is for graduate students only.  This seminar has two purposes: to introduce students to the state of the art in studies of the Supreme Court and to cover a series of particular topics with emphasis on the major controversies within the field of law and the courts.  Students will be required to write a paper.  There will be no final exam.  (Note that this course, although it is taught as a seminar, does not fulfill the upper-level research and writing requirement for the J.D. degree.)

IP Trademarks & Unfair Competition 
(f. Intro. to Intellectual Property Law,...)     
W74 647E  sec 01             
(3 hours)
MON TUE THU 11:00 - 12:00 NOON

Timothy Holbrook
This course covers the creation, maintenance, and enforcement of trademark rights, as well as related forms of protection under principles of unfair competition law, at both the state and federal levels. The fundamental policies and economics underpinning trademark law are examined, as well as the basic issues in trademark law, such as registration, scope of protection, and remedies. In addition to these basic issues, the course will address issues of current interest, such as: protection of non-traditional subject matter; conflicts between trademark protection and the copyright or patent laws; and the protection against dilution(and possible conflicts with free expression). 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 on a timed final exam. Class participation will also be considered in assigning a final grade.

Trusts and Estates  
W74  575H   SEC 01         
3 hours)
MON TUE THU 10:00-11:00 AM
Enrollment limit: 70

Frances Foster
This course will examine the basic legal doctrines and rules applicable to transfer of decedents' wealth by intestate succession, will, and trust. It will focus on the following topics: State Control of Inheritance; Intestate Succession; Will Execution, Attestation, Revocation, and Construction;  Restrictions on Testation: Family Protection; Trusts: Varieties (emphasizing private express and charitable trusts), Creation, Modification, and Termination; 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. Regular attendance and preparation will be required.  Grades will be based on a three-hour open book final examination.

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