WASHINGTON UNIVERSITY SCHOOL OF LAW
COURSE DIRECTORY

SEMINARS
SPRING 2004


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 (See Table of Contents to find list of IP curriculum courses;  The IP curriculum courses are also open to JD students, unless otherwise noted in course description.)


Appellate Brief Writing Seminar  
W76  714S sec 01              
(3 hours)
MON 3:00 - 5:00 PM
Enrollment limit: 16

Bruce La Pierre
Students will write an appellate brief in a case pending in the United States Court of Appeals for the Eighth Circuit (or, perhaps, in the United States Supreme Court).  There will be one class meeting at the beginning of the semester, and several class meetings at the end of the semester to review and discuss the briefs that the students have written.   Each student will meet frequently with the instructor to evaluate drafts of their briefs.  Students will also be required to review and evaluate briefs written by other members of the class.  To the extent permitted by the Eighth Circuit's argument calendar, students will review and analyze briefs filed by the parties and attend argument in cases (or review transcripts of arguments).  All briefs must comply with the rules of the Eighth Circuit (or the rules of the Supreme Court).

Criminal Process Seminar         
W76  716S   sec 01         
(3 hours)
MON 3:00 - 5:00 PM

Enrollment limit: 16.

Christopher Bracey
Our principal aim in this seminar is to examine and critique the way in which our judicial system handles the processing of criminal cases.  Topics will include the right to counsel (and the concomitant right to "effective assistance" of counsel), prosecutorial discretion and plea bargaining, bail and pretrial detention, discovery, the right to jury trial and jury selection, double jeopardy, sentencing and appellate review.  Students will be encouraged to understand and appreciate the criminal process as a preeminent site of conflicting and confrontational norms, expectations, and impulses - a process that struggles to balance a variety of competing values, including fairness and efficiency, accuracy and finality, and uniformity and individualized justice.  The seminar will entail close scrutiny of leading cases in topic areas, an exploration of the historical and theoretical bases of the various components of the criminal process, and consideration of current Supreme Court jurisprudence.  Mechanics and Writing Requirement.  The class will meet as a group on a weekly basis for most of the semester to discuss course readings and late-breaking developments in the processing of persons formally accused of a crime.  Students will be expected to read assigned materials, participate actively in class discussion, and serve on "panels of experts" for three seminar sessions.  In addition, students will be required to complete a significant scholarly research paper.  Students must submit a topic statement, a first draft, and a final, revised, version of the paper.  The instructor will provide written feedback on drafts, and will confer individually with students to discuss papers during the course of the semester..

Feminist Legal Theory Seminar 
W76  722S   sec 01  
(3 hours)
THU 12:00 - 2:00 PM
Enrollment limit: 16

Laura Rosenbury
This seminar will examine feminist legal theory as a means of understanding and critiquing our legal system and its norms.  The seminar will begin by examining some of the general themes and debates that have emerged as feminists examine the law's explicit and implicit consideration and construction of gender as it relates to various groups of women and men.  The remainder of the seminar will be devoted to discussing student research papers examining specific applications of feminist theory to law and social policy, including topics related to work and wealth distribution, the formation of intimate and familial relationships, and the regulation of sexuality. 

IP International Investment Law Seminar 
W76  612S   SEC 01  
(3 hours)

Peter Mutharika

COURSE MOVED TO FALL 2003 SEMESTER

Є Legal Ethics Seminar
W78   627S   sec 01  
(3 hours)
MON 3:00 - 5:00 PM
(This course does not meet as a group on a group on a regular basis.)
Enrollment limit: 16
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.  Students in this course will write a research paper of publishable quality in the field of legal ethics and will work in teams as ethics counselors to one or more of the law school=s legal clinics, doing research and writing memoranda and other documents for the use of the clinics. Students will meet individually with the instructor to discuss the progress of their research, and will need to turn in a research proposal, an outline, a preliminary draft as well as the final paper. There are no prerequisites for this course.

Litigation: Policy, Rules, Strategies & Related Issues
W76 730S sec 01  
(3 hours)
MON 3:00 - 5:00 PM
Enrollment limit: 16
Kimberly Norwood

(This seminar will not meet as a group on a regular basis.  When the group does meet it will be on Mondays between the hours of 3-5.) 
In this seminar students will have the opportunity to explore a variety of topics pertaining to litigation, includ
ing topics from tort reform, loser pay rules, the value of class actions, limits on attorneys= fees, to the continued evidence of racial discrimination in the use of preemptory challenges and what to do about it.  While theses topics and others will be provided to students for their consideration, students also will be given great flexibility in choosing their own topics.  Students will be expected to turn in an outline, a preliminary draft, and a final draft of the seminar paper.  Students will be expected to meet with the Professor on an individual basis to discuss things like topic selection, progress on the outline, and critique of the rough draft.  Topics will need to be selected during the first two weeks of the semester so if you are thinking about taking this seminar, start thinking of topics now!  There will several occasions when the group will come together as a whole to listen to short presentations on the topics chosen by classmates.  The audience will be expected to provide feedback to the presenter.


Reorganization Seminar
W76  646S sec 01
(3 hours)
MON 3:00 - 5:00 PM
Enrollment limit: 16

Daniel Keating / Lloyd Palans / Hon. Barry Schermer

(BUSINESS REORGANIZATIONS UNDER CHAPTER 11)  
This course will be taught jointly by Professor Keating, United States Bankruptcy Judge Barry Schermer and Lloyd Palans of Bryan Cave. The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. Using a single hypothetical reorganization as a backdrop, the instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for two hours each session. The pedagogical objectives of the class include improving the students' persuasive writing, their knowledge of Chapter 11 bankruptcy law, and their ability to think on their feet. Students' grades will be determined by their performance on two 8-page written assignments (both of which will require a re-write by the students after receiving written feedback from the instructors) and by their participation in class discussion. Attendance and preparation are both required.  Students who have not taken the basic Bankruptcy course may enroll, but they will be at a marked disadvantage to those students who have.


Socialist Law in Transition
W76 680S sec 01              
(3 hours)
MON 3:00 - 5:00 PM
Enrollment limit: 16

Frances Foster

(This Seminar does not meet as a group on a regular basis.)  This seminar allows students to pursue intensive research and writing on the changing definitions and functions of law in socialist and post-socialist countries.  Students will meet individually with the instructor to discuss topic selection and the progress of their research.  They also will be required to submit a topic statement, preliminary draft, and final revised version of their seminar paper.  We will meet formally as a group at the start of the semester and later on as the need arises.  There are no prerequisites for this course.


IP Tort Theory Seminar
W76 733S sec 01              
(3 hours)
MON 3:00 - 5:00 PM
Enrollment limit: 16

Dan Ellis
This seminar will explore contemporary issues in tort (and product liability) law, including fundamental justifications for tort law principles, the proper scope of liability for harm, problems of causation, and liability for inchoate and future loss. The focus of the seminar is on the rigorous evaluation of scholarly argument rather than on original research. The readings will consist of both classic works in the field and significant contemporary studies. The seminar will meet during most weeks of the semester. The initial several weeks will be devoted to discussion of readings that identify and define the contours of the major controversies in the field. Presentation and discussion of student papers will take up the remainder of the semester. Students will write a substantial paper (20-30 pages) constituting a critical analysis of either the work of a particular scholar  (e.g., Guido Calabresi, Jules Coleman, Richard Epstein, George Fletcher, Richard Posner, Jane Stapleton,  Ernest Weinrib, etc.), or of the scholarly treatment of one of the underlying justificatory theories of tort  (e.g., corrective justice, deterrence,  efficiency,  enterprise liability, etc.), or of the scholarly treatment of a controversial  issue (e.g. fault, strict liability, causation, responsibility, definition of harm).  Each student will also prepare a short (2-4 pages) comment on the principal paper of another student.   All students will be expected to participate actively in the discussions at each session.  [Subject to faculty approval.  Assume course is approved unless you receive notification by email to the contrary by Noon on Wednesday, March 26 2003.]

Return to Table of Contents Top of Page