IP
ADVANCED INTELLECTUAL PROPERTY LITIGATION (GU)
[Course canceled]
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 PRACTICAL CRIMINAL
PROCEDURE (MB/JG/HG)
W74 607A LAW 01 Th 5:00p-8:00p Burton / Garvey / Goldsmith
Enrollment limit: 16. 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 Practice & Procedure prior to taking this course
(although it is not a prerequisite). 3 units.
ADVANCED TRIAL ADVOCACY
W75 503A LAW 01 M 6:00p-9:00p Curran (Holtshouser)
W75 503A LAW 02 W 4:30p-7:30p Rosen (Holtshouser)
W75 503A LAW 03 M 6:30p-9:30p Reap (Holtshouser)
Enrollment limit: 6 per section
(minimum: 4 per section). Prerequisites: Trial Practice & Procedure
(Note that 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, January 3, 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.
ALTERNATIVE DISPUTE RESOLUTION
THEORY & PRACTICE
W74 641M LAW 01 M 6:00p-9:00p Litz (Tokarz)
W74 641M LAW 02 W 1:00p-4:00p Larkin (Tokarz)
W74 641M LAW 03 W 1:00p-4:00p Reeves (Tokarz)
Enrollment limit: 16. 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, JAN 2, 2006,
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.
ARBITRATION
THEORY & PRACTICE (TMB)
W74 612A LAW 01 W 6:30p-9:30p Blumenthal
Enrollment limit: 20. This course
introduces students to the theory and practice of Arbitration. This
course will address the uses and modes of arbitration in various
contexts, including commercial, construction, employment, and
international. The course will examine common law, the Uniform
Arbitration Act used by most states, and the U.S. Arbitration Act. The
course focuses on the manner in which analytical and interpersonal
skills necessary for attorneys to be successful in arbitration differ
from those in litigation. The course develops analytical frameworks
through case studies and articles, in which students examine lessons
from both theorists and practitioners. Student grades are based on
written assignments throughout the semester, preparation for and
participation in class discussions and simulations, and a take-home
final paper. Students are graded according to the standard numeric
grading scale. There are no prerequisites for this course. EARLY
DROP DEADLINE: MON, JAN 2, 2006 - Any student who drops without
permission after this date risks receiving a failing grade (70).
3
units.
BUSINESS
PLANNING & DRAFTING: THE DEAL
W74 583F LAW 01 M 6:00p-9:00p Endicott / Oberlander
Enrollment limit: 20. 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. 3 units.
COMMERCIAL REAL ESTATE PRACTICE
& DRAFTING (SFM/CPS)
W74 710D 01 W 6:30p-8:30p McCandless / Saunders
Enrollment limit: 20.
This two unit 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, development,
financing 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 developer and
lender, as applicable, in a typical commercial real estate
transaction. Although the
basic commercial 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. 2
units.
COMPLEX CIVIL LITIGATION
(JFB)
W74 651A LAW 01 Bennett
[
COURSE CANCELED ]
CONSTRUCTION LAW: PRACTICE &
DRAFTING ISSUES IN DEVELOPMENT, DESIGN & CONTRACTING (JAC)
W74 710A LAW 01 M 6:00p-8:00p Colagiovanni
Enrollment limit: 20. The focus of
this two unit 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 contract provisions needed to protect the interests of the
various participants in the development, design and construction
process. Third, to give students practical experience in drafting
contract language 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. This course will not be graded anonymously because
the grade will be based on a paper on which the instructor will work
closely with each student. 2 units.
CORPORATE FINANCE PLANNING &
DRAFTING (TBK)
W74 539F 01 W 3:00p-5:00p Kinsock
LAW Enrollment limit: 24. This
course will serve as an introduction to the principles and practices
of corporate finance from the specific vantage point of a legal
practitioner. The course will emphasize debt financing by business
enterprises, including public and private debt issuance, bank
borrowing and so-called "structured" financing, i.e., issuing debt
through a specially formed financing affiliate. Equity financing
will not be emphasized, although some attention will be given to
public securities markets, including public equity markets. Course
work will emphasize the practical over the theoretical, both in
analysis and in application. Exercises in drafting financial
instruments or financing plans will proceed in a context of specific
problems faced by specific business enterprises, drawn from the
journals of modern business and law. The course work will consist of
selected written assignments, an oral presentation, and mandatory
class participation. The written assignments, three in number, will
constitute the largest component of the overall class grade (70%).
Class participation, including the oral presentation, will represent
the remaining element of the overall class grade (e.g., 30%). The
oral presentation will be on a topic of the student's own choosing,
subject to instructor approval. This course is distinct from, and
will cover matters separate from those covered by, the law school's
Corporate Finance course. Neither course is a prerequisite for the
other. Pre/Co-requisite: Corporations (or corporate finance
experience). 2 units.
ENVIRONMENTAL MOOT COURT (MK)
W75 605N LAW 01 TBA Koby
Enrollment limit: 96. [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, along with a brief writing seminar
and an oral argument seminar. 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.] 1 unit.
ESTATE PLANNING & DRAFTING
(LB/SL/DS)
W74 628A LAW 01 TuTh 4:30p-6:00p Brody / Laiderman /
Stanley
Enrollment limit: 20. This is an
applied estate planning course, which will focus on the federal
transfer tax system (gift, estate, and generation-skipping taxes)
and its application to practical estate planning, both on a basic
and a more advanced level. This course assumes some basic knowledge
of the 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 (in fact,
students without such a background may find that they will need
substantial self-study to keep up with the class discussion). 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
focus 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 use 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. The grade for
the course will be based primarily 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 is 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. 3 units.
HEALTH INSURANCE LAW AND
REGULATION (DH)
W74 707F LAW 01 W 6:00p-8:00p
Henley
Enrollment limit: 16.
[Early drop date: Tues, Jan. 10, 12:00 noon.] 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. There is a fairly lenient
attendance policy. Students missing more than three class sessions
without explanation may receive a decrease in their final grade.
[Prior to 12:00 noon on Thurs, Jan. 5, interested students should
email Colleen Erker at erker@wustl.edu.
After this date/time, interested students may register online via
WebSTAC.] 2 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.] 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.] 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 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 attend
International Courts & Tribunals–Practice & Procedure (Fall 2005
semester: TUE 6:30p-8:30p); those 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.
IP
INTERNET LAW (CF/MS)
W75 501D LAW 01 MW 5:00p-6:30p Fendell / Sableman
Enrollment limit: 30. [Formerly
called Cyberspace Law.] 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. 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. It is highly recommended that students have
taken or be concurrently enrolled in any of the following courses:
Trademarks & Unfair Competition; Copyright & Related Rights; and
Trademark Practice. 3 units.
IP
MANAGEMENT AND EVALUATION OF INTELLECTUAL PROPERTY ASSETS (JK/MH)
W75 537A LAW 01 MTuTh 12:00p-1:00p Kepler/Hoffman
Enrollment limit: 20. [* This is an
advanced IP course – see below for details on eligibility of non-IP
LLMs to take this course.] 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 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 or Prof. McManis, at mcmanis@wustl.edu, 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. J.D. students will be given
letter grades (A, B, etc) because there is no mandatory mean for
this course. 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.] 3 units.
MEDIA LITIGATION (BAL)
W74 528C LAW 01 W 6:30p-8:30p Lipman
Enrollment limit: 20. This two unit
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. This
course will not be graded anonymously. 2 units.
NATURAL RESOURCES LAW (TJH)
W74
691B LAW 01 M 6:30p-8:30p Heisel
Enrollment limit:
15. The objective of this 2 unit course is for students
to develop an understanding of the legal structures governing natural
resource management in the United States.
The course will focus on three areas:
water allocation, wildlife management and protection (including
endangered species issues), and public land management.
In addition to reading assignments and class lectures and
discussion, there will be presentations by practitioners in the field
and a problem solving exercise. Students
will be evaluated on the following criteria:
1) 10% for in class participation; 2) 20% for a writing
assignment; and 3) 70% for the final exam.
Students are expected to prepare for, attend, and participate
in every class unless a compelling excuse is provided for absences.
The textbook will be Natural Resources Law: A Place-Based
Book of Problems and Cases by Klein, Cheever and Birdsong (Aspen
Publishing). 2 units.
NEGOTIATION (KDS)
W74 578D LAW 01 [Intensive one-weekend pass/fail course: Sat,
Feb. 18 (8:00a-5:00p) & Sun, Feb. 19 (12:00p-4:00p)]
Syverud
Enrollment limit: 60.
[Students who have taken "Negotiation Theory and Practice"
or "Business Negotiations: Theory & Practice" are not
eligible to take this course.] This one unit pass/fail course
will be offered in an intensive weekend format.
The course will emphasize
learning the skills of negotiation by simulations in which students
will negotiate and watch their classmates negotiate. Class
members will conduct three negotiations during the weekend – a
simple sales contract, a retainer agreement between an attorney and a
client, and a complex multi-party dispute.
The first negotiation
will commence immediately at the start of class, so prompt
attendance is vital to credit in the course. Some negotiations will be videotaped for review in class.
Lunch will be provided on Saturday.
The reading for the course consists of Roger Fischer and
William Ury, Getting to Yes: Negotiating Agreement Without Giving
In (Harvard/Belknap Paperback). Other readings on lying in
negotiation (approximately 30 pages) will be made available two weeks
before the class occurs. In
addition to the simulations and discussion of the readings, there will
be brief instruction on drafting agreements and advice about further
steps to improve negotiation skills.
Students who attend all class sessions, participate in good
faith in the simulations, and do the readings will receive a pass for
the course. Students who are
enrolled and do not show will receive a grade of F70. Attendance
will be taken both days. 1 unit.
NONPROFIT ORGANIZATIONS PLANNING
& DRAFTING (PHR)
W74 572A LAW 01 Th 8:00a-10:00a P. Ruger
Enrollment limit: 24. This 2 unit
applied skills course will examine the unique characteristics of
nonprofit organizations. The course will examine the types of
nonprofit organizations, the formation of a nonprofit organization
and related operational issues including the responsibilities of
directors and officers. Obtaining and keeping tax-exempt status, and
charitable giving will be covered. The unique issues of religious,
higher education and health organizations will be addressed. There
will be three (3) written exercises during the semester and a final
exam. Each exercise will be 20% of the grade and the final exam 40%.
2 units.
IP
PATENT DRAFTING (BW)
W74 623G LAW 01 TuTh 6:30p-8:00p Warren/Wheelock
Enrollment limit: 20. 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. This course will not be graded anonymously
because the professor works closely with students on their drafting
assignments. A background in engineering or science is highly
recommended. 3 units.
Є
PRACTICAL ETHICS FOR CIVIL LITIGATION (RB)
W74 561C LAW 01 – Tu 6:00p-8:00p - Bresnahan
Enrollment limit: 24.
[This 2 unit course is part of the ethics curriculum and is considered
a "survey" ethics course.] A civil litigator often faces
ethical dilemmas, including how to solicit and bill 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 and problems based
on real situations will be used. Grades will be based on class
participation, a final drafting assignment and a final examination.
2 units.
PRETRIAL PRACTICE & PROCEDURE (PK)
W74 658N LAW 01 – Tu 4:00p-7:00p - Ferry
W74 658N LAW 02 – Tu 5:00p-8:00p - Bindler
W74 658N LAW 03 – W 5:00p-8:00p - Denner
W74 658N LAW 04 - M 5:00p-8:00p - Nowogrocki
W74 658N LAW 05 - W 5:00p-8:00p - Jellinek
W74 658N LAW 06 - W 5:00p-8:00p - Berns
Enrollment limit: 12 per section.
This course is offered in several free-standing sections, each of
which meets at different times with a different instructor. Each
section of the class is limited to a maximum of 12 students and will
meet weekly throughout the semester during a 3-hour late afternoon
or evening time slot. 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. Attendance and preparation are required.
A STUDENT WHO MISSES A TOTAL OF MORE THAN TWO CLASSES, OR WHO MISSES
ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR, IS SUBJECT TO
REQUIRED WITHDRAWAL FROM THE COURSE. This includes partial absences
and absences for school activities like moot court or mock trial.
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. Because written assignments and in-class performance
depend upon the particular role assigned to each student, this
course will not be graded anonymously. 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 Mon,
January 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. Prof. Pauline Kim oversees the adjunct taught sections in
this course. 3 units.
SECURITIES LAW LITIGATION &
ARBITRATION (JRS)
W74 568A LAW 01 T 6:00p-8:00p Soraghan
Enrollment limit: 24.
Pre/Co-requisite: Securities Regulation (exceptions possible with
permission of professor who can be emailed at
jsoraghan@DMFIRM.com ).
This two unit 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, the Class Action Fairness 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. If the
class is small enough to work with students one-on-one on the
papers, the course will not be graded anonymously. 2 units.
SEXUALITY & THE LAW: THEORY & PRACTICE
W74 602D LAW 01 W 3:00p-5:00p Lieberman
Enrollment limit: 20.
This 2 unit course will introduce students to existing
and emerging jurisprudence in the areas of sexuality and the law
with an emphasis on practical litigation perspectives. The course
will examine caselaw in the context of
current debates in the areas of privacy,
equal protection, military exclusions, education, marriage, parenting,
violence and transgender issues, helping students understand how
to devise litigation strategy and assess the impact of emerging
litigation and test cases. The course is
directed to students interested in
learning about substantive law related to sexuality and sexual orientation
and to students interested in developing an understanding of public
interest and impact lawyering in emerging civil rights arenas. This
course will be limited to 20 students. Grading is not anonymous as
attendance and group participation,
discussion and debate are critical to
case assessment. Students will analyze emerging cases and asked to
assess their impact potential. Students
will be graded based on attendance
and participation, final case memorandum (in lieu of final exam)
and oral presentation. 2 units.
IP
SPORTS LAW PLANNING & DRAFTING
W74 510D LAW 01 Th 6:30p-8:30p Kaburakis/Lattinville
Enrollment limit: 24. This
two unit course examines the legal and regulatory environment of
professional and amateur sports.
The lawyer's expanding opportunities and responsibilities are
explored in this $200+ 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.
Part of the semester will be devoted to NCAA compliance. This specific area involves many practice opportunities for
future lawyers wishing to work on athletic administration issues
(e.g., Compliance Coordinators of Intercollegiate Athletic
Departments, Counsel to NCAA member conferences, NCAA front office,
and NCAA legal counsel). An overview of NCAA Bylaws juxtaposed with intercollegiate
athletics issues, as well as other athletic associations' regulatory
frameworks, will guide the law student to progressively become
familiar with sports and their relation to higher education. Points
of emphasis will include case law and a study of several topics of
interest in regard to NCAA compliance.
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 exam addressing fundamental principles of amateur and
professional sports law as well as recent developments in this
growing area. This
course will be graded anonymously. The following courses are
not co/pre-requisites, but they would be extremely beneficial to
have taken or be taking: Antitrust and Trademarks & Unfair
Competition. 2 units.
TRIAL ADVOCACY COMPETITION
W75 703A LAW 01 TBA Mason / Rudder
Enrollment limited: 12; subject to
professors' discretion. [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 course per
semester.] 2 units, posted to spring semester.
TRIAL PRACTICE AND PROCEDURE (PAJ)
W74 597Q LAW 01 M 5:00p-6:30p Joy Th 6:00p-8:00p
Enrollment limit: 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, January 2, 2006.] 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 2, 2006, 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.
