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AMERICAN INDIAN LAW (SJG)
W74 635D LAW 01 MTuTh 9:00a-10:00a Gunn
This course will explore the
central aspects of federal and international law affecting American
Indians. The course will begin by considering the status of Indian
nations as sovereign political entities within the United States and
examining the legal and political relationships these nations have
with the U.S. and the several states. The course will then explore
the development of federal Indian law over the past two centuries.
Particular attention will be given to the doctrines of tribal
sovereignty, self-government, and self-determination; treaty-based
rights to land, water, wildlife, and other natural resources; the
preservation of Indian languages, cultures, and religions; issues of
economic development, including the right of Indian nations to
operate gaming enterprises on their reservations; and jurisdictional
conflicts between and among the U.S., Indian nations, and the states
over authority to regulate the activities of Indians and non-Indians
in Indian country. Special consideration will also be given to the
evolution and modern status of Indian governments, their laws, and
legal systems. The course will conclude with a survey of various
international laws and the laws of other nations, including Canada
and Australia, as they relate to indigenous peoples. No
prerequisites. Examination. 3 units.
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AMERICAN INDIAN SOCIETIES, CULTURES AND VALUES (SJG)
W74 635E LAW 01 TuTh 3:00p-4:30p Gunn
This interdisciplinary course,
taught by faculty from the School of Law, the Kathryn M. Buder
Center for American Indian Studies at the George Warren Brown School
of Social Work, and the Departments of Anthropology, English, and
Music in the College of Arts and Sciences, will survey several major
themes in the history and modern evolution of American Indian
societies, cultures, values, and laws. The course will be divided
into several parts, the first of which will examine indigenous
societies and cultures before the arrival of Europeans on this
continent. Consideration will be given to native worldviews,
languages, beliefs, music, and art. The second part of the course
will explore the history of American Indians and Indian nations in
the United States and their treatment by the U.S. This part will
examine the fluctuating policies of the federal government and the
evolution of Indian societies during various periods of resistance,
survival, and renewal. The third part of the course will examine
modern Indian governments, legal systems, and the status of Indian
nations as sovereign political entities within the U.S. Subtopics
will include the governmental powers of Indian nations over their
reservations, treaty-based rights to land, water, wildlife and other
natural resources, the cultural and intellectual property rights of
Indians, and comparative and international perspectives. The final
part of the course will consider the social, political, and economic
status of American Indians in the twenty-first century. Particular
attention will be given to models of effective leadership, economic
development, and community organization in Indian country. Course
materials will emphasize the works of American Indian scholars,
leaders, and authors. Students will be evaluated based on their
performance on a course project or paper and a final examination. No
prerequisites. 3 units.
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BIOETHICS AND LAW (RSD)
W74 593A LAW 01 MTuTh 12:00p-1:00p 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. [Because of the nature of the assignment, the
presentation and paper will not be graded anonymously.] 3 units
BUSINESS ACQUISITIONS (JDL)
W74 540B LAW 01 MTu 11:00a-12:30p Lehrer
Enrollment limit: 50. This course
constitutes a highly practical approach to acquisitive business
transactions. Emphasis will be placed on the role of the business
attorney as a facilitator, who enhances 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, together with an in depth analysis of the
negotiating process, legal issues and the documentation of the
acquisitive transaction. Finally, the Course analyzes the respective
roles of the board of directors, shareholders and the courts with
respect to the sale and purchase of a corporation whose stock is
publicly traded. 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 Federal Income Taxation.
Because there is usually a waiting list for this Course, students
who wish to drop the Course must do so within the first two weeks of
the beginning of the semester. 3 units.
CHILDREN & THE LAW (LAR)
W74 603C LAW 01 W 12:00p-1:30p and F 11:00a-12:30p Rosenbury
This course will examine the
competing interests of children, parents and the state, and the
law's attempts to mediate those interests. Topics to be covered
include general approaches to childrearing and family privacy;
parent-child conflict, including child abuse and neglect; juvenile
misconduct and the juvenile justice system; and children's claims to
autonomy with respect to speech, religion, medical care and sex. The
course will not cover adoption, reproductive technologies, or
custody and support issues arising from divorce, as those topics are
covered in the course on family law. Grades will be based on a final
examination. 3 units.
COMMERCIAL REAL ESTATE
TRANSACTIONS (JG)
W74 565N LAW 01 T 6:30p-8:30p Jonathan
Goldstein
Enrollment limit: 40. This
2-unit course covers a broad array of elements
comprising the legal and business underpinnings of the modern commercial
real estate transaction. Individual topics will include sales
contracts, mortgages, construction financing, refinances, issues
of owner liability and defaults, as well
as underlying business economics
of the primary transaction and the secondary market. An emphasis
will be placed on understanding your client's business purposes
behind the transaction's structure and
the impact of the surrounding legal
framework. Attendance and participation are expected. There will
be a final exam. Students who took
Real Estate Transactions in Fall 2004 are NOT eligible to take this
course. Students may take both this course (or Real Estate
Transactions) and Commercial Real Estate Practice
& Drafting (see Applied Lawyering Skills section of Spring 2006
course directory).
2
units.
COMPARATIVE LAW: EUROPE, LATIN
AMERICA, & EAST ASIA (JOH)
W74 535D LAW 01 MTuWTh 2:00p-3:00p Haley
An introduction to the principal
legal systems of continental Europe, Latin America, and East Asia
with particular emphasis on the histricial development of the Civil
Law Tradtion. This four credit hour course covers the origins of the
ius commune in Europe and the reception of Western law in
non-Western societies, as well as the basic contrasts between civil
and common-law jurisdictions and among civil law jurisdictions.
Students have the opportunity to select a particular country of
interest and examine its legal system in greater detail. 4 units.
CONSTITUTIONAL LAW OF
INCARCERATION (MS)
W74 605B LAW 01 WF 9:30a-11:00a Schlanger
The United States has the highest
incarceration rate in the world. In 1980, approximately 500,000
people were behind bars in this country. By 2000, this figure had
topped two million, incarcerated in jails, state prisons, and
federal prisons – nearly two-thirds of whom are non-white. This
course will examine the constitutional law relevant to their
incarceration. Topics will include the Eighth Amendment’s ban on
cruel and unusual punishment, the prison disciplinary process, felon
disenfranchisement, inmate access to the courts, and the law of race
discrimination as applied to prisons. We’ll also look at Congress’s
efforts to regulate both prison and litigation brought by inmates,
examining constitutional challenges to the Prison Litigation Reform
Act and to the application of the Americans with Disabilities Act
within prisons and jails. Finally, we’ll examine constitutional
remedies, studying the law of injunctive relief in constitutional
cases brought by inmates. (We will not discuss criminal procedure,
habeas corpus, or sentencing.). There will be an 8 hour week-day
self-scheduled final exam. 3 units.
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CONTRACTS AND INTELLECTUAL PROPERTY (FSK)
W74 541B LAW 01 TuTh 4:30p-6:00p Kieff
This course will be designed for
students interested in practicing in the areas of business, finance,
transactions, or litigation. Today, each of these practice areas
requires a basic understanding of the interactions between contracts
and intellectual property. Contracts have always provided an
attractive method for structuring business transactions. Today, many
business transactions have an increasingly large intellectual
property component, raising numerous problems unique to these
intangible assets. Today's business lawyer routinely wrestles with
contracts concerning everything from initial ownership of
intellectual property all the way through commercial sales of goods
and services based on intellectual property. Standard business
relationships, such as employment, licenses, assignments,
joint-ventures, franchises, sales, shrink wrap clauses, security
interests, escrows, and bankruptcy, are each becoming increasingly
driven by their intellectual property components. Examples range
from David Letterman's move to CBS and David Bowie's $50 million
bond offering to internet transfers of software or music and simple
refilling of patented or trademarked ink-jet printer cartridges.
With an eye towards common law, legislative, and uniform law
initiatives in this area, the course will focus on practical
implications and skills while at the same time asking normative
questions. As an upper-level course, a central goal of the class
will be to improve the students' skills as effective communicators.
Towards this end, as a member of a small group each student will
make a powerpoint presentation to the course. Students will have the
opportunity to receive significant feedback directly from the
faculty on a draft. And, because even transactional lawyers - not
just litigators – must have strong oral communications skills,
students will also be given the opportunity to receive oral feedback
on their work through these in-class oral presentations before the
faculty and their colleagues. The course grade will be based largely
on an essay final exam but will also be based on the totality of the
student's performance during the course, with a heavy emphasis on
class participation. A course-pack of reading materials will be made
available to the students as the primary resource, but some modest
outside research will be expected. 3 units.
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COPYRIGHT AND RELATED RIGHTS (GSL)
W74 643A LAW 01 MTuTh 11:00a-12:00p 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. 3 units.
CORPORATE TAXATION (DAG)
W74 648A LAW 01 MTuW 2:00p-3:00p Geier
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. Students
who have not taken the basic tax course (Federal Income Tax) will be
at a marked disadvantage to those students who have. Students with
prior experience or background in tax may be an exception.
Attendance and preparation are required and sanctions will be
imposed on serious offenders. 3 units.
CORPORATIONS
W74 538P LAW 01 W 3:00p-5:00p and F 2:00p-3:00p Gross
The course covers problems
associated with any kind of joint enterprise, including: selection
and development of business forms; the formation, financing and
management of closely held corporations; disregard of the corporate
entity; control and management of the public corporation; duties of
officers and directors; struggles for control of the corporation;
and transactions in shares of the corporation. 3 units.
CRIMINAL JUSTICE ADMINISTRATION
II (KG)
W74 580A LAW 01 MTuTh 9:00a-10:00a Goldwasser
Study of the law governing the
processing of a criminal case once formal charges are brought, with
heavy emphasis on federal constitutional issues. Topics to be
examined include bail, prosecutorial charging discretion, discovery,
double jeopardy, guilty pleas, and the accused's trial-related
(jury, confrontation, and compulsory process) rights. Criminal
Justice Admin. I is not a prerequisite for this course. 3 units.
CRITICAL JURISPRUDENCE: INTRO TO
CRITICAL LEGAL STUDIES, FEMINIST JURISPRUDENCE & CRITICAL RACE
THEORY (BJF)
W74 649B LAW 01 W 12:00p-1:30p and F 11:00a-12:30p Flagg
This course is an introduction to
three significant, emerging strands of non-mainstream legal
analysis. The class will examine selected common law and
constitutional doctrines and policies as analyzed, criticized,
and/or reconstructed by legal scholars for whom issues of class,
gender, and race are central. Covered topics will include, for
example, a critical deconstruction of contract doctrines such as
duress and unconscionability; a feminist analysis of the law of
rape; and a black scholar's critique of anti-discrimination law. The
emphasis will be on normative, rather than descriptive, analyses of
existing law. The course will address nontraditional approaches to
legal theory, primarily in the context of specific legal rules or
policies. The assigned readings will be selected law review
articles; assignments will be substantial. Attendance and
participation are required. Grades will be based on three 5 page
written assignments, each corresponding to one of the three segments
of the course and due 1-2 weeks after completion of that segment. In
addition, high quality class participation may enhance one's final
grade. There will be no final examination. 3 units.
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ETHICS OF LAWYERING IN GOVERNMENT (KC)
W74 722A LAW 01 F 2:00p-5:00p (in Wash, D.C.) Clark
[Meets in Wash. D.C.: Required for
students enrolled in Congressional & Administrative Law Clinic.]
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 clinical placements. 3 units.
EUROPEAN UNION LAW (MB)
W74 705B LAW 01 TuTh 4:30p-6:00p Borowski
In the first part of the course, we
will take up the historical development that culminates in the
present European Union. In the second part, we will examine the
legal and institutional framework of the European Union, in
particular, the process of law-making as well as the relationship
between European Union Law and the law of the Union's member states.
A glimpse into the structure of the European Union shows it to be a
truly supranational, not merely intergovernmental, organization of
states. Other topics in the course include the problems of the
creation and functioning of the "common market", substantive areas
of European Union legislation, and fundamental rights and liberties.
3 units.
EVIDENCE (KYB)
W74 547M LAW 01 TuTh 3:00p-4:30p Barnes
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. 3 units.
FAMILY LAW (SFA)
W74 548 LAW 01 MTuTh 11:00a-12:00p
Appleton
This course
examines the laws governing family relationships, with primary
emphasis on the formation, protection, and dissolution of adult
relationships. Specific topics include the law of reproductive
rights, marriage, marital property regimes, nontraditional families,
divorce, and divorce's consequences (including financial
consequences and child custody), 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. Grades will be based on a final exam.
Taking Individual Rights and the Constitution (formerly
Constitutional Law II) before or concurrently with Family Law is
recommended, but not required. (Other aspects of Family Law are
covered in Children & the Law (scheduled to be offered in Spring
2006) and the Seminar in Reproductive & Parental Rights (scheduled
to be offered in Spring 2006.) 3 units.
FEDERAL INCOME TAX (DAG)
W74 549B LAW 01 MTuWTh 10:00a-11:00a Geier
This four unit course is a survey
of the federal income taxation of individuals, with consideration of
the nature of income, when and to whom income is taxable, exclusions
from the tax base, deductions, credits and the tax consequences of
property ownership and disposition. The instructor emphasizes tax
policy and statutory interpretation. The course will be taught from
a casebook and a statutory pamphlet, by a combination of the case
and problem methods. Students will work extensively with the
Internal Revenue Code. Attendance and preparation are required and
sanctions will be imposed on serious offenders. The course grade
will be based predominately on a timed final examination. 4 units.
FINANCIAL ACCOUNTING FOR LAWYERS
(RRK)
W74 621C LAW 01 W 3:00p-5:00p King
This 2 unit 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, 10-ks, 10-Qs, 8-Ks, 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 a final exam
(60%). Class attendance and participation is expected. 2 units.
GENDER AND HUMAN RIGHTS IN ISLAM (CKA)
W74 602C LAW 01 4 week short-course:
1/19 - 2/14, TuTh 6:30p-8:15p Agomo
This one credit "short
course" will be taught for four weeks - from Thur, January 19 -
Tues, February 14, 2005. [Prof. Chioma Kanu Agomo comes to us
as a Fulbright Scholar. She is a member of the Faculty of Law at the
University of Lagos in Nigeria.] Prof. Agomo will be focusing on
Women’s Rights under Sharia in the Nigerian context. The case of
Safiya Husseini will be discussed to illustrate the practical effect
of Sharia on the human rights of women. The Nigerian constitution
and international human rights instruments will be used as
comparative tools. Reproductive rights, discrimination, and the
right to the dignity of the human person are among the issues that
will be analyzed. Materials will be available to students prior to
the first class and will likely include text from the following
publications: Protection of Human Rights of Women under Sharia Law:
Safiya Tugartudu Huseini-A Case Study, published in Nigeria, 2002 by
Frankard publishers; Comparative Perspectives on Shariah in Nigeria,
edited by Philip Ostien, et. Al, Kogelman Spectrum Books; Sharia
Implementation in Nigeria: Issues and Challenges on Women’s Rights
and Access to Justice, edited by Ezseiilo, et. al, Women’s Aid
Collective, 2003. The final exam will likely be a 72 hour
take-home distributed on Fri, Feb. 24 and due on Mon, Feb.
27. 1 unit.
IMMIGRATION LAW (SHL)
W74 630LAW 01 MTuTh 11:00a-12:00p Legomsky
This course covers the legal,
historical, social, philosophical, and policy foundations of
immigration control; the modern debate over immigration; the
substantive criteria and procedures that govern the admission of
non-U.S. citizens to the United States for both permanent residence
and temporary visits; deportation criteria and processes; the
national security and civil liberties implications of immigration
policy; refugees and political asylum; undocumented migrants; and
the acquisition, loss, and significance of United States
citizenship. The focus will be on the law of the United States, but
both comparative law and international law perspectives will also be
introduced. In addition to carefully reasoned legal analysis, these
subjects will require consideration of the moral, political, and
foreign affairs consequences of immigration control. Students will
analyze a wide variety of fact problems requiring strategic
decisionmaking and interpretation of complex statutory provisions.
Students also will participate in several simulation exercises,
including possibly an attorney-client asylum interview, legislative
committee testimony, a 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. 3 units.
INDIVIDUAL RIGHTS AND THE
CONSTITUTION (BF)
W74 609G LAW 01 TuTh 4:30p-6:30p Flagg
This 4 unit 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. 4 units.
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INFORMATION PRIVACY LAW (NMR)
W74 636A LAW 01 TuTh 12:00p-1:00p Richards
This 2 unit course serves as an
introduction to the emerging and somewhat nebulous field of
"information privacy law." The course will trace the origins of
privacy from the famous 1890 Harvard Law Review article "The Right
to Privacy" by Charles Warren and Louis Brandeis to the modern
problems of privacy in the information age. Particular emphasis will
be placed upon modern policy problems involving privacy, including
the privacy protected by Fourth Amendment law, health privacy,
privacy on the Internet, privacy in the home, and the conflict
between privacy and the First Amendment in the contexts of
newsgathering, defamation law, and disclosure of private facts.
Although the focus of this course is more doctrinal than Privacy Law
Seminar, readings will also include excerpts from a heavy dose of
current and historical privacy law scholarship. Grades will be based
upon a take-home final examination, which must be typed. Some
adjustment to grades from class participation is possible. Students
who have taken Privacy Law Seminar are not eligible to take this
course. 2 units.
INSURANCE LAW (MRC)
W74 552C LAW 01 TuTh 5:00p-6:30p Cannon
Enrollment limit: 24. Insurance and
insurance law is pervasive in our society, its influence on our
collective lives vastly understated by the trillions of dollars
annually paid in premiums for private insurance. This course
will examine the law interpreting and enforcing contracts of
liability, health, property and life insurance. It will also
consider the role of insurance and insurance law as: a vital
stabilizing mechanism in the economy at large and in millions of
corporate and household financing decisions, small and large; a
source of financing and regulating tort liability, health care,
retirement and other “systems” we rely upon to address the
uncertainties and anxieties of our complex, interdependent lives; a
subtle but powerful regulator of social behavior, influencing
choices as diverse as the level of care we take to avoid injuring
others, to the level of care we take and methods we use in
protecting our own health or property. Nearly all transactional,
litigation and policy-making attorneys find their practices informed
and, on occasion, profoundly influenced by subtle considerations of
insurance law, and this course will also examine those, more
“practical” elements of the subject. Regular attendance and active
participation are expected, and a portion of the grade will be based
on thoughtful participation in classroom discussion and exercises.
There will be a final examination, possibly in a take-home format.
3 units.
LAND USE LAW (DRM)
W74 615 LAW 01 TuTh 3:00p-4:30p 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 a eight-hour, take-home, open book examination.
3 units.
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LAW AND SOCIAL WORK (JHA/MJR)
W74 548J LAW 01 W 9:00a-11:00a Aiken / Jonson-Reid
Enrollment limit: 24. [This course
is part of the ethics curriculum.] This is considered the core
course for the law and social work joint degree candidates; it is a
crosslisted course. JD/MSW students will be given preference in
selection for the class*. Lawyers and social workers together
possess the finest combination of skills for creative problem
solving. There are barriers to using these skills collaboratively,
however. These barriers include “cultural” ignorance and
misunderstandings between the disciplines and lack of explicit
training in communication and collaboration skills that may enhance
understanding of social problems that require social work and legal
skills. This course will attempt to highlight the differences and
similarities between the disciplines and offer the students
simulated opportunities to work together. Such work should help the
students gain insight into these paradigmatic challenges and develop
strategies for making the best use of appropriate skills. The first
five weeks of the course will focus on exploring the language,
knowledge and skills inherent in legal and social work training. The
classes will also examine the professed goals, and professional
ethics of the law and of social work. We will discuss the ways in
which each discipline approaches, relationships with their clients
and how each profession is regulated. The final part of the course
will provide the students with simulated exercises dealing with
common problems encountered by both social workers and lawyers. The
students will be assigned to act as a lawyer or a social worker in
each of the problems. In preparation for each class, we will give
them legal or social work material relevant to the problem
(depending on their role.) We will look at ways in which the two
paradigms of law and social work overlapped and ways in which they
diverged, with particular attention to the areas covered in the
first part of the class. Our goal is to maximize problem solving
approaches for both law and social work students. Students will
participate in a service learning project in the St. Louis area.
These projects will offer opportunities to explore the intersection
of law and social work at a practical level and to prepare a
collaborative project of use to their community. Students will be
graded on the simulations and a final project based on their service
learning experience. *Interested JD/MSW students who wish to have
priority must email Colleen Erker at erker@wustl.edu prior to when
online registration begins in November 2005. 3 units. Same as
S65-5035, Social Work.
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LAWYERS AND JUSTICE: ETHICS IN PUBLIC INTEREST LAWYERING (TBN)
[Course cancelled]
IP
PATENT LAW (FSK)
W74 623E LAW 01 TuWTh 1:00p-2:00p Kieff
This course is designed to make
Patent Law accessible to students of all backgrounds, from Liberal
arts to hard sciences. The course will first unpack the major
normative theories of intellectual property, generally, and of
Patents in particular. Then it will address the core legal rules of
Patent Law - beginning with the broad and accessible notions of
patent law's disclosure requirements; continuing with the
requirements of novelty, non-obviousness, and utility; and ending
with the more technical issues relating to statutory subject matter.
The course will next examine the scope of the patent grant including
infringement and remedies. Finally, the course will explore
appellate practice before the United States Court of Appeals for the
Federal Circuit and the complex choice of law and preemption
problems that are presented by this unified Forum for patent
appeals. At this Juncture the course will analyze the dynamic
interaction among the law of patents, trade secrets, unfair
competition, antitrust, and other substantive and procedural issues
of state and federal law. Throughout the course there will be a
heavy emphasis on normative analysis and it's application to current
and potential alternative positive law regimes. Class participation
will be considered in determining the final grade. There will be a
final examination. 3 units.
PASS THROUGH BUSINESS TAXATION:
PARTNERSHIPS & LIMITED LIABILITY COMPANIES (PJW)
W74 581E LAW 01 MTuTh 10:00a-11:00a Wiedenbeck
This course involves an intensive
study of the federal tax treatment of partnerships and limited
liability companies. The income of these enterprises is taxed
directly to the business owners as it is earned, whether or not it
is distributed. Topics covered will include the tax consequences of
business organization, profit and loss allocations among owners,
transactions between owners and the firm, sales of ownership
interests, distributions to owners, and partial and complete
liquidations of ownership interests. The pass-through tax regime
will be compared with the tax treatment of sole proprietorships,
regular and small business corporations (i.e., C and S
corporations), and important issues in business tax policy will be
explored. Students will work extensively with Subchapter K of the
Internal Revenue Code and the regulations thereunder. The course
will be taught from materials prepared by the instructor and a
statutory pamphlet, by a combination of case and problem methods.
Federal Income Taxation is not a prerequisite for this course, but
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, which may be a take-home exam.
Additional course information will be posted on the Web at http://law.wustl.edu/Academics/Faculty/Weidenbeck
. 3 units.
PUBLIC INTEREST SPEAKER SERIES:
A READINGS COURSE (KLT)
W74 605A LAW 01 Tu 4:30p-6:00p and W 8:30a-9:30a Tokarz
Enrollment limit: 16 (approx. 8
second-years/approx. 8 third-years). In 2005-06, the School of Law
and the Clinical Education Program will host the eighth annual
Public Interest Law Speaker Series. This 2 unit readings course will
run parallel with the spring portion of the series, and provide a
way for students to study the work of the visiting speakers and then
to discuss the issues with the authors. Students in the course will
read selected works of the visiting speakers and then meet with the
speakers to discuss their scholarship and practice. The class will
be divided up so that each student focuses on the work of at least
three speakers. Students also may read works and meet with
presenters in spring conferences at the law school. The goal is for
students to read a range of material that will provide an overview
of both public interest law and public interest lawyering. It is
essential that students do the reading in preparation for the
meetings with the visitors. The course will meet approximately once
a week - usually (but not always) at one of the two times indicated
below; inevitably several of the class times will need to be
adjusted to fit the schedules of the Public Interest Law Speaker
Series speakers (and conference speakers). Thus, 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 16, with 8 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' scholarship and practice to a new topic of the student's
choosing that relates to public interest law ans public interest
lawyering. The final grade also will be adjusted for the quality of
participation in the discussion sessions with the visitors. 2 units.
RACE RELATIONS LAW (CAB)
W74 608A LAW 01 WF 9:30a-11:00a Bracey
This course explores the
intersection of race relations and legal institutions in the United
States. It focuses both on the transhistorical continuity of certain
understandings of race, and on the evolution of others. In the first
half of the course, we consider the theoretical and doctrinal
principles that underlie historical issues such as Indian Nation
sovereignty, slavery and Reconstruction, and the civil rights era.
In addition, we will consider early "legal" definitions of race in
American law, and explore the role of race in citizenship,
naturalization, and immigration law and policy. For the remainder of
the course, we explore competing conceptual models of the American
racial legal order, and examine current jurisprudence on racial
issues that arise within the context of employment, education,
housing, intimate association, the distribution of electoral power,
and/or the administration of criminal justice. 3 units.
Є
REEL JUSTICE, LEGAL ETHICS BEGINNING WITH FILM
W74 561B LAW 01 TuTh 1:00p-2:00p and
M 6:30-9:00 (movie screenings) Dorothy
Enrollment
limit:
36.
[This course is part of the ethics curriculum and is considered
a "survey" ethics course.]
The goals of this course are to provide: (1) a working
knowledge of the structure, content and interpretation of the ABA
Model Rules of Professional Responsibility; and (2) an understanding
of how to research an ethics question given the idiosyncratic
professional standards governing each jurisdiction. The course
requires students to view motion pictures each featuring actors
portraying lawyers in various circumstances. The fictional lawyer’s
behavior then serves as a starting point for examining various ABA
Model Rules of Professional Conduct. Class discussion initially would
focus on the acts within the film and lead to a problem based
examination of the relevant ABA rules extending to other related
ethics topics. Grades will be assigned on the basis of a three (3)
hour timed examination and a eight (8) page memorandum in which
students will be required to select both a jurisdiction and ethical
issue upon which to opine. 3 units.
RELIGION & THE CONSTITUTION (MKH)
W74 724E LAW 01 Th 1:00p-3:00p Koby
This two credit hour course will
examine the law, history, and theory of the two religion clauses of
the First Amendment: the Establishment Clause and the Free Exercise
Clause. Readings will include legal opinions, scholarly
articles, and primary historical sources. The grades will be
based on a final exam.
2 units.
SPEECH, PRESS & THE CONSTITUTION
(NMR)
W74 609K LAW 01 TuTh 3:00p-4:30p 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 "fighting 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. 3 units.
SUPREME COURT (LE)
[Course cancelled.]
TRANSNATIONAL LITIGATION (JOH)
W74 574D LAW 01 MTuTh 9:00a-10:00a Haley
An introduction to the procedural
issues that arise in the legal resolution of disputes in
international transactions. The law of various countries will be
covered (especially Germany and France); however, disputes involving
United States and Japanese law are the major focus. The course
covers international jurisdiction, service of process abroad, taking
evidence abroad, applicable laws and treaties, comparison of trial
procedures, enforcement of foreign judgments and use of arbitration.
The course will also introduce students to principal international
conventions including the Brussels Convention (for intra EU
litigation), the Hague conventions, and enforcement of judgments,
and an ALI-proposed Code of International Civil Procedure. (Note for
LL.M. students: this course fulfills the requirement for
participating in the judicial observation program.) 3 units.
TRUSTS AND ESTATES (FF)
W74 575H LAW 01 MTuTh 11:00a-12:00p Foster
Enrollment limit: 70. 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. 3 units.
UCC: ARTICLE 2
(MMG)
W74 521B LAW 01 MTuTh
10:00a-11:00a Greenfield
(Note change in professor, time, and description.)
The primary objectives of this
course are (a) mastery of the law governing the sale or lease of
goods and (b) development of the skills of statutory analysis. The
course builds on the doctrines of the first-year Contracts course
and explores the legislative alteration of the common law rules
studied there, as well as matters beyond the scope of that course.
Article 2 is part of a code that creates a construct for the
regulation of commercial activity. A major focus of the course is
learning how to operate in that construct. The emphasis will be on
domestic law, but there will be some coverage of international sales
transactions governed by the U.N. Convention on Contracts for the
International Sale of Goods. Regular attendance and preparation are
both required. Anyone who is absent or unprepared more than 9 times
is subject to exclusion from the course. Grades will be based on a
timed exam. 3 units.
