ADVANCED LEGAL RESEARCH (PB)
W74 523B LAW 01 WF 8:30a-9:30a Berwick
Enrollment limit: 22. Advanced legal
research is a two unit course covering all aspects of the legal research
process. Areas to be covered include: 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. 2 units.
ADVANCED TRIAL ADVOCACY
W75 503A LAW 01 W 4:30p-7:30p
Rosen
Enrollment limit: 6 (minimum: 4).
[Note: early drop deadline of Mon, May 2, 2005. This is a strictly
enforced deadline.] Prerequisites: Trial Practice & Procedure (Evidence
is a prerequisite for Trial Practice & Procedure.) This 3 unit 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 tolearn 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. This course 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, May 2, 2005, 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. 3 units. [Note that this course
is most likely to be offered at this time, but there is a chance it
may have to change.]
ALTERNATIVE DISPUTE RESOLUTION
THEORY & PRACTICE
W74 641M LAW 01 W 1:00p-4:00p Larkin/Reeves (Tokarz)
W74 641M LAW 02 W 6:00p-9:00p Frankel/Litz (Tokarz)
W74 641M LAW 03 M 6:00p-9:00p Whitby (Tokarz)
Enrollment limits: Section 1 -
32; Sections 2 & 3 - 16 per section.
[Students who have taken Mediation Theory & Practice are not eligible to
take this course.] This course introduces students to the theory and
practice of Alternative Dispute Resolution (ADR). The course explores
the field of ADR, with significant focus on negotiation and mediation
because negotiation theory and practice underlie most dispute resolution
processes, and mediation is the ADR process most often employed by
attorneys. The course focuses on the development of the analytical and
interpersonal skills necessary for attorneys to be successful in ADR,
whether as advocates or mediators. The course develops analytical
frameworks through analysis of case studies and discussion of articles,
in which students examine lessons from both theorists and practitioners.
The course develops interpersonal skills through roleplay exercises, in
which students hone their powers of communication and persuasion, and
experiment with tactics and strategies typically used in ADR. The
readings and the roleplay exercises draw from a wide variety of ADR
contexts, such as civil litigation, family, victim-offender, commercial,
and employment disputes, and provide concepts and tools that apply to
all types of dispute resolution. Student grades are based on written
assignments throughout the semester, preparation for and participation
in class roleplay exercises, and a take-home final paper. Students are
graded according to the standard numeric grading scale. There are no
prerequisites for this course. Prof. Karen Tokarz oversees the ADR
program. IF YOU ARE ENROLLED IN THIS COURSE AFTER MON, AUG. 15, 2005,
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 (70). 3 units.
APPELLATE ADVOCACY
W74
660B LAW 01 TuTh 6:30p -
8:00p Erwin / Zoole
[Note early drop deadline of Mon,
August 15.] Enrollment limit: 24. This course is a theory and practice course,
combining the study of the legal concepts unique to appellate
practice, including scope of review, the preservation requirement, and
standard of review with practical hands-on exercises to develop
effective techniques for analyzing an appellate situation
substantively and to develop the points and arguments that will
persuade the appellate court. The course will teach students how to
serve effectively and efficiently as counsel for a party on an appeal.
Because writing an effective brief stands out as one of the most
important skills an appellate advocate must have, the course will
focus on researching and writing for an appellate court. Students will
also receive instruction in how to structure effective oral arguments.
Instruction will include reading assignments, class discussion,
lecture, problem solving, and a visit to an appellate court. There
will be several writing assignments, culminating in a substantial
appellate brief, as well as exercises in effective persuasion and oral
arguments. Through this course, students will learn and develop the
skills and knowledge essential for effective and ethical appellate
advocacy. No prerequisites. Students will be evaluated on written
assignments and oral presentations. Regular attendance and preparation
are essential. 3 units.
BUSINESS
NEGOTIATIONS: THEORY & PRACTICE (JMP)
[formerly "Negotiation Theory & Practice"]
W74 578C LAW 01 Tu 6:00p-9:00p McLean Parks
Enrollment limit: 30. [Note early
drop deadline of Wed, Aug. 24, 2005.] [Students
will be expected to attend a 4 hour arbitration session with
students from the business school on a Sunday afternoon, exact date
TBD. Course includes a
lab/case fee. Understanding
of interpretation of correlation and ability to do minimal
arithmetic in a spreadsheet is very helpful but not required.]
Skillful negotiation is an essential aspect of every
attorney's job, whether working in law office practice, government
or business. Effective negotiators are capable of reaching sound and
lasting agreements in settings such as merger or joint venture,
contract discussions, settlement of litigation, partnership
agreements, or in any negotiation situation where the terms of an
agreement or contract are determined. Even more importantly, a
successful professional must be an effective negotiator simply to go
about the everyday work of dealing with clients, partners,
employees, judges, legislators, and colleagues. The purpose of this
course is to improve your ability to analyze and conduct
negotiations in these and other settings. This course will help you
become a professional negotiator - professional in the sense that
you will understand the theory and dynamics of negotiation and be
better able to conscientiously and effectively choose among a
limited set of potential negotiation strategies. The course is
designed to be relevant to a broad spectrum of negotiation problems
faced by lawyers and professional negotiators. The course will
provide you with the skills and refined intuition necessary to
negotiate in a variety of contexts. To accomplish this, we need to
teach you about both the theory and practice of negotiation. Both
parts will be emphasized. We frequently will play strategic games,
but we will also discuss specific frameworks that will help you to
analyze and assess negotiation situations and build the skills to be
a successful negotiator. The class is designed to complement
technical skills learned in other classes in the Law School. A basic
premise of the course is that negotiation is a fundamental lawyering
skill, that lawyers need the analytical skills to discover optimal
dispute resolution solutions, and that a broad array of negotiation
skills are necessary in order for negotiated solutions to be
accepted and implemented. The course will allow participants the
opportunity to develop their skills both theoretically and
experientially, and to understand negotiation in useful analytical
frameworks. This class covers dispute resolution topics including
basic and complex negotiation analysis and skills and cross-cultural
negotiations in a variety of contexts. Considerable emphasis will be
placed on simulations, role playing, and cases. Here is the likely
breakdown of grades: application team summaries (15%), arbitration
case papers (15%), class participation (15%), negotiated outcomes
from the role-play exercises (15%), and an individual final paper
(40%) that is in lieu of a final exam. The application teams and
arbitration case papers may be given group, rather than individual
grades. Arbitration case papers and final projects are anonymously
graded. IF YOU ARE ENROLLED IN THIS COURSE AFTER Wed, August 24,
2005, 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. 3
units.
BUSINESS PLANNING & DRAFTING: THE
DEAL
W74 583F LAW 01 Tu 4:30p-6:30p and Th 7:45a-8:45a
Hull / Newmark
Enrollment limit: 40. 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. Drafting assignments for this course will be graded
anonymously; however, other factors that contribute to the final grade
(approximately 40% of the final grade) will not be derived anonymously
because such factors include negotiation skills, mock transaction
involvement, and in-class participation, all of which the instructors
must observe in person in order to assess performance. Note: The time
this class meets on Thursday morning may be subject to change * if no
one is taking Federal Income Tax (which meets from 8:50-10:00), the
Thursday class may be shifted to 8:00a-9:00a. 3 units.
CIVIL RIGHTS LITIGATION THEORY &
PRACTICE (SMR)
W74 579P LAW 01 W 6:00p-8:00p Ryals
Enrollment limit: 12. This course is
a study of the major issues raised in the litigation of federal
constitutional and statutory claims against state and local
governments and officials under 42 U.S.C. § 1983 and related
statutes. Section 1983, which is derived from the Civil Rights Act of
1871, is now a major vehicle for vindication of claims of deprivation
of constitutional rights. Effective litigation of Section 1983 claims,
from both the plaintiff’s and defense perspective, requires a
thorough understanding of federal practice, constitutional principles,
discovery issues – particularly the law of privilege as it relates
to discovery – and specific to Section 1983 claims, the law of
immunities from suit and the law pertaining to the liability of cities
and counties. There are no prerequisites, but this course is a logical
counterpart to the courses in Trial Practice, Trial Advocacy, Federal
Jurisdiction and Constitutional Law. The
course will begin with a series of lectures introducing the
substantive law of Section 1983, exploring issues such as municipal
liability, qualified immunity, color of law and the substantive rights
under the constitution and laws that may be redressed in a Section
1983 suit. Having laid the foundation for the substantive law of
Section 1983, the class will then focus on the practical aspects of
prosecuting and defending a Section 1983 police misconduct case. The
students will be presented with a detailed fact situation and from
that will work through the pleadings, discovery, summary judgment and
trial preparation. There likely will be guest lecturers and in class
exercises involving client interviews and, perhaps, the depositions of
the parties. The students will write and present in class a final
paper or project. The students will have a choice between a paper on a
substantive topic or preparing a summary judgment motion/response.
Grades are based on the in class presentation, the final written
project (length: 15-20 pages) and the practical work product produced
throughout the semester, along with class participation. Grading will
not be anonymous. The text is: Constitutional Litigation Under Section
1983, by Brown and Kinsports. Regular attendance is expected and
required, as is participation in class discussions. 3
units.
IP
ENTERTAINMENT LAW PLANNING & DRAFTING (MK/DM/JM)
W74 528B LAW 01 MW 6:30p-8:00p Kahn / Mathes / Michelman
Enrollment limit: 24. This applied
skills course will offer practical experience in dealing with
transactional and litigation issues unique to the practice of
entertainment law. The class will cover issues key to client counseling
and agreement drafting related to movies, television, music, print
publishing and rights of publicity. In addition, the class will examine
important recent judicial decisions affecting these rights and explore
how to address those issues in the drafting context. Drafting
assignments will relate to creative control, credit, compensation,
transfer of rights, and related issues. Students enrolling in the course
will find it helpful to have had, or be enrolled in, an introductory
course in Intellectual Property, such as Copyright and Related Rights,
Intro to IP Law or Trademark Law. Grading of papers is not anonymous so
that papers can be revised and returned for re-drafting, additionally
class attendance and participation are factored into final grading. 3
units.
HEALTH INSURANCE LAW &
REGULATION
W74 707F LAW 01 W 6:00p-8:00p
Henley
Enrollment limit: 16. This 2 unit course provides students an overview of the terms, entities, laws, regulatory environment and issues associated with health insurance and medical care. The student will learn that health insurance and medical care involve the principles of tort law, contract law, criminal law, and agency law. In addition, the student will see how health insurance and medical care relate to each other. The course will begin by defining health insurance terms and identifying entities and individuals that are involved in the provision of health insurance and medical care. The course will then focus on the regulation of health insurance. In particular, students will learn about the state and federal agencies that regulate the health insurance industry and providers of medical care. In addition, students will learn about federal laws and programs with which health care entities and health care providers must comply. Students will also have an opportunity to explore the methods the government uses to address the issue of access to health care. Entities and individuals in the health insurance industry and those that provide medical care are subject to actions from the individuals for whom they provide insurance coverage or medical care. Therefore, the course will cover the types of actions that might be brought against such entities and health care professionals. The last section will expose students to bioethics. Students will discuss the current issues affecting health insurance and health care. During the course, students will have an opportunity to participate in practical exercises such as drafting insurance policies and provider agreements, drafting statutes and regulations and responding to agency audits. The required text for this course is the Fifth Edition of Health Law, Cases Materials and Problems by Furrow, Greaney, Johnson, Jost and Schwartz. During the semester I will periodically circulate additional articles, recent cases, and other material as either required or optional reading. The course will primarily be graded based on a final examination, practical exercises and class participation. However, in lieu of taking a final examination, students may opt to write an eight (8) to ten (10) page paper researching and analyzing a topic or issue covered by this course. There is a fairly lenient attendance policy. Students missing more than three class sessions without explanation may receive a decrease in their final grade.
2 units.
IP
INTELLECTUAL PROPERTY LICENSING: INTELLECTUAL PROPERTY AND E-COMMERCE
PLANNING & DRAFTING (CHF)
W75 530D LAW 01 MW 5:00p-6:30p Fendell
Enrollment limit: 24. This course will
explore the issues and techniques involved in planning for intellectual
property, electronic commerce and information technology transactions
and drafting supporting legal documents. You will develop an
understanding of how to draft clear and comprehensive legal documents
for these types of transactions through a series of weekly drafting
assignments. The course will be based on real-world examples. Drafting
assignments may include client letters, software development agreements,
electronic rights licenses, work made for hire agreements,
distribution/reseller agreements, institutional and end-user licenses,
original equipment manufacturers (OEM) agreements, source code escrow
agreements, patent licenses, non-disclosure and employment agreements,
trade secret licenses and trademark assignments and licenses, and
various on-line contracts. Regular attendance and class participation
are required. The grade for the course will be based on the drafting
assignments and class participation. Although there is no formal
prerequisite, you will find it helpful to have had or be enrolled in:
Trademarks & Unfair Competition; Copyright and Related Rights;
Cyberspace Law; Intellectual Property Litigation; Patent Law; Trademark
Practice. This course will not be graded anonymously because the grade
will be based on a series of written assignments, some of which will be
critiqued in class and some of which may be re-drafts. 3 units.
IP
INTELLECTUAL PROPERTY LITIGATION (BW/DW)
W75 530B LAW 01 TuTh 6:30p-8:00p Warren / Wheelock
Enrollment limit: 24. This applied
skills course will offer practical experience in dealing with pretrial
and trial litigation issues unique to patent, copyright, trademark, and
trade secret litigation. Students enrolling in this course will find it
helpful to have had or be enrolled in Evidence; Trademarks & Unfair
Competition, Copyright & Related Rights and/or Patent & Trade Secret
Law. 3 units.
INTELLECTUAL PROPERTY MOOT
COURT-PATENTS & COPYRIGHTS (CRM)
W75 606M LAW 01 TBA McManis
Enrollment limit: 6. [Student do not
register online for this course. The 2 units for this course are posted
to the spring semester.] 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.]
2 units, posted to spring semester.
INTELLECTUAL PROPERTY MOOT
COURT-TRADEMARKS & UNFAIR COMPETITION (CRM)
W75 606N LAW 01 TBA McManis
Enrollment Limit: 6. [Students do not
register online for this course The 2 units for this course are posted
to the spring semester.] 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.] 2 units,
posted to spring semester.
INTERNATIONAL COURTS & TRIBUNALS -
PRACTICE & PROCEDURE
W74 619B LAW 01 Tu 6:30p-8:30p Sison
Enrollment limit: 12. This 2 unit
course focuses upon the practice and procedure before international
courts and tribunals that emphasize international civil dispute
resolution. The primary focus will be on the International Court of
Justice ("ICJ"). Students will examine the ICJ's history, organization,
competence and role as a permanent international institution and
mechanism for the pacific settlement of disputes between States.
Students will also be exposed to other international courts and
tribunals, such as the Permanent Court of Arbitration, the World Trade
Organization's Dispute Settlement Body and the International Tribunal
for the Law of the Sea, and will compare and contrast the practice and
procedure before such bodies with the ICJ. With respect to the practice
component of the course, students will be exposed to the rules of
procedure and style of practice before the ICJ through the use of a
hypothetical contentious case between two States. Students will learn
how a case is brought before the ICJ and how various procedural and
preliminary matters such as jurisdiction, standing and admissibility are
addressed before the Court. Particular attention will be paid to the
jurisprudence of the ICJ with respect to such issues. Students will also
learn how to make substantive legal arguments on the merits before the
ICJ. In doing so, students will gain exposure to substantive
international law in the form of international human rights law
represented by various human rights instruments and customary
international law, especially as it relates to the rights of detainees.
Students will gain experience in researching and using various
international legal materials and sources necessary for making oral and
written submissions before the ICJ. Students will also gain practical
experience in drafting written memorials and pleadings for submission to
the ICJ, as well as making oral arguments based on such written
submissions. During the course of the semester, students will draft
three short writing assignments (approximately 2-4 pages in length) in
the form of preliminary objections and/or responses to the ICJ each
arguing a single, discrete procedural issue arising out of the
hypothetical contentious case. Students will also prepare and deliver a
brief oral argument (approximately 5-7 minutes in length) based on those
writing assignments. At the end of the semester, each student will
prepare a final substantive writing assignment (approximately 8-10 pages
in length) consisting of a memorial to the ICJ on the merits of the
hypothetical case and present a final oral argument (approximately 10
minutes in length) based on the written memorial. Students will work
individually and rotate roles as applicant and respondent for their
written and oral assignments. This course will not be graded anonymously
because of the nature of the work. Although not required, it would be
helpful to have taken or be taking International Law or International
Legal Process. (Students who make the International Moot Court Team are
required to take this course; therefore, students planning to try-out
should register for this class. Waitlisted students will be added if
they make the team.) 2 units.
INTERNATIONAL MOOT COURT TEAM (LNS)
W75 612S LAW 01 TBA Sadat / Sison
Enrollment limit: 5. [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 Professors Sadat and Sison 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, and International Courts & Tribunals-Practice &
Procedure [students trying out for the team should register for
International Courts & Tribunals–Practice & Procedure, which meets
on TUE 6:30p-8:30p; waitlisted students who make the team will be
automatically enrolled.] [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.] 1
unit in fall, 1 unit in spring.
MOOT COURT (WILEY RUTLEDGE
COMPETITION)
W75 604S LAW 01 TBA Dorothy / Lewis
Enrollment limit: 96 [Students must
register online for this intramural competition.] This course is
known as the Wiley Rutledge Moot Court Competition. Note the special
add/drop dates established by the members of the Moot Court Board.
Students are required to attend an informational meeting at the
beginning of the semester. Each student must, together with a
partner, prepare an appellate brief of passable quality and present
a minimum of two oral arguments of passable quality. Students must
also attend two mandatory seminars on oral arguments and brief
writing. This course is graded on a pass/fail basis.[Keep in mind
the limitations regarding credit toward their degree for competition
work (as a participant or board member):1) a maximum of 4 total
credits from competitions; 2) only one competition per semester.] 1
unit.
NEGOTIATION THEORY & PRACTICE
(JMP)
[See "Business Negotiations: Theory & Practice"]
PRETRIAL PRACTICE AND PROCEDURE
(KJN)
W74 658L LAW 01 M 5:00p-8:00p – Keith (Norwood)
W74 658L LAW 02 T 4:30p-7:30p – King (Norwood)
W74 658L LAW 03 T 5:00p-8:00p – Banks (Norwood)
W74 658L LAW 04 W 12:00p-3:00p – Walsh (Norwood)
W74 658L LAW 05 W 6:00p-9:00p - Tucker (Norwood)
W74 658L LAW 06 Th 3:00p-6:00p – Gunn/MacDonald (Norwood)
W74 658L LAW 07 Th 5:00p-8:00p - Growe (Norwood)
Enrollment limit: 12 per section.
[Note early drop deadline of Mon, August 15, 2005.] This course
covers the pretrial phase of civil litigation -- from client contact
through final trial preparation and settlement negotiation. During
the course of the semester students will "litigate" two personal
injury actions. While most work will be individual, students
sometimes will work in teams. There will be written assignments,
such as pleadings, discovery requests and settlement documents.
Students will be required to prepare extensively for the
simulations. The course is graded modified pass/fail [High Pass
(94), Pass, Low Pass (78), Fail (70)]. The final grade will be
determined by the student's performance on written assignments,
simulations, and participation in class discussions. A course from
the ethics curriculum and Evidence may be helpful if taken before or
simultaneously with this course but are not prerequisites.
WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute
shuffling that, in the past, has resulted in interested students
being notified of Pretrial openings too late for them readily to
change their schedules and enroll, the following policy is in
effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, AUGUST 15,
2005, 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. 3 units.
IP
TRADEMARK PRACTICE
W74 623F LAW 01 TuTh 4:30p-6:00p Chicoine / McMurry
Enrollment limit: 24. This course
will offer practical skills training and techniques for the four
phases of trademark practice - acquisition of rights, enforcement of
rights, and exploitation and transfer of rights. The course will be
taught by the problem method and will focus primarily on the
development of planning and drafting skills. Weekly or bi-weekly
problems will include an initial client interview, selecting
appropriate forms of protection and clearance, filing the
application (including foreign filing options and strategies),
responding to common rejections, opposition and cancellation
proceedings, dealing with infringement, including claims, defenses,
evidence, remedies, and resolution in non-litigation contexts,
administrative protection of trademarks, trademarks in mergers and
acquisitions, due diligence, and licensing. Students enrolling in
the course will find it helpful to be or have been enrolled in
Trademarks & Unfair Competition, though this course is not a
pre-requisite. This is a practical skills course and class
participation will be taken into consideration in the formulation of
grades - therefore, grading will not be anonymous. [Pending faculty
approval; if course still appears in WebSTAC course listings after
March 31, it can be assumed that the course has been approved.] 3
units.
TRIAL ADVOCACY COMPETITION
W75 703A LAW 01 TBA Mason / Palley / Rudder
Enrollment limited: 12; subject to
professors' discretion. [Students do not register online for this
course. The 2 units for this course are posted to the spring
semester.] 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 course per
semester.] 2 units, posted to spring semester.
TRIAL PRACTICE & PROCEDURE (KG)
W74 597M LAW 01 M 5:00p-6:00p and Th 6:00p-8:00p Goldwasser
Enrollment limited to 48. Prereq:
Students must have completed Evidence prior to taking this course;
Pretrial is not a prerequisite for Trial. [Note early drop deadline
of Monday, August 15, 2005.] 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 two complete trials. Required
work for the course will include both reading and written
assignments. Students also will be required to prepare extensively
for simulations. The class will meet twice a week for a total of
three hours, divided between one 1-hour session and one 2
hour-session. In the 1-hour session, the entire class will meet with
Professor Goldwasser. In the 2-hour session, students will meet 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. Prereq: Students must have completed
Evidence prior to taking this course; Pretrial is not a prerequisite
for Trial. 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 policy is in
effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, AUGUST 15,
2005, 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. 3 units.
