Office of the Law School Registrar:
Course Directory:
Spring 2000

Richard Kuhns
W74-690A sec 01
(3 hrs)
TUE WED THU 8:00 - 9:00 a.m.
Devices for regulating the process of proof (e.g., burdens of proof, presumptions, judicial notice), the meaning of proof, and other selected topics

Bruce La Pierre
W74-685A sec 01
(3 hrs)
TUE THU 3:00 - 4:30 p.m.
This course is a study of the major issues raised by 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 civil rights, and actions brought under this statute frequently have provided federal courts with an opportunity to define constitutional rights and to determine the relations of state and federal law. The text is LOW and JEFFERIES, Civil Rights Actions (Foundation Press). There are no prerequisites, but this course is a logical counterpart to the courses in Federal Jurisdiction and Constitutional Law. Although grades are based exclusively on a three hour final examination, I expect each student to attend class regularly, to be thoroughly prepared, and to participate actively in class discussions.

David Gerber
W74-535C sec 01
(3 hrs)
WED, THU 6:00-7:30p.m.
This course is designed to prepare students for legal practice that crosses national boundaries.  Our primary objective will be to identify and develop some of the information and skills that are keys to effectiveness in this area of practice.  Perhaps the most important skill of these is the  capacity to understand and accurately interpret other legal environments and the people who are trained and work in them.  We will examine in some detail the operations of the English legal system and of countries in the civil law tradition.  Portions of the course will be taught in a workshop format in which class members will play the roles of legal professionals from several legal systems who are planning to create and operate an international law firm. During these portions of the course, class members will work together in groups to present specific kinds of
information to their “colleagues” and to propose solutions to specific problems in understanding the
operations of foreign legal systems. Regular attendance and active participation are expected, and a portion of the course grade will be based on participation in both class discussions and in the workshops.  The final examination will probably be take-home.

Martha Chamallas
W74-609D sec 01
(4 hrs)
MON TUE WED 12:50 - 2:00 p.m.
This course will examine judicial interpretations of the Fourteenth Amendment. Topics include equal protection, substantive due process ("right to privacy"), fundamental interests analysis, procedural due process and state action. There will be an in-class, open book, final exam.

Barbara Flagg
W74-609C sec 01
(4 hrs)
TUE THU 4:30 - 6:30 p.m.
This course will examine judicial interpretations of the Fourteenth Amendment. Topics to be covered include equal protection (with extended coverage of race discrimination law); substantive due process (the "right of privacy"); equal protection fundamental interest analysis; and state action. The course also will emphasize the acquisition of analytic skills and techniques of constitutional argumentation. It is taught through the analysis of complex problems, which will be briefed and argued in class. Substantial preparation, regular attendance, and participation are required. The final grade will be based on collaborative written assignments, including briefs and judicial opinions, class participation, and an optional final examination. Students may be asked to grade their own work in some instances.

Michael Greenfield
W74-589A sec 01
(3 hrs)
MON TUE THU 11:00 a.m. - 12:00 p.m.
What are the rights and obligations of you and your clients as consumers? What are the rights and obligations of your retail business clients? The consumer marketplace is very different in several important ways from the commercial marketplace. Many of the rules governing marketplace behavior are the same for both types of transaction, but many are not. This course examines the rules that govern consumer transactions from their formation to their completion or enforcement. It covers such topics as fraud, automobile sales and leases, mandatory disclosure rules, credit reports, lemon laws, debt collection, and repossession. One of the key values of the course is that it examines how several subjects traditionally studied as distinct areas of law actually interrelate with one another to govern a particular type of transaction. Thus, the course draws on and extends your knowledge of contracts, torts, commercial law, procedure, arbitration, etc. There are no prerequisites.

Kathleen Brickey
W74-642 sec 01
(3 hrs)
MON TUE THU 11:00 a.m. - 12:00 p.m.
This course explores the phenomenon of increased reliance on the criminal law as a mechanism for controlling business misconduct. The principal focus of this course will be major federal statutes under which corporate and white collar crime are prosecuted (e.g., mail and wire fraud, securities fraud, perjury and false statements, obstruction of justice, bribery, tax fraud). We will also explore more innovative tools for reaching business misconduct (e.g., civil and criminal RICO, state homicide statutes, federal environmental laws) and innovative penalties as well (e.g., forfeiture). Attendance and preparation are required. The final examination will be a timed examination.

Peter Wiedenbeck
W74-648C sec 01
(2 hrs)
MON TUE THU 10:00 - 11:00 a.m. and TUE THU 12:00 - 1:00 p.m.
(Meets 5 times per week for last 5½ weeks of semester.)*
This course involves an intensive study of the statutory, regulatory and case material governing the federal income taxation of corporate reorganizations. It is an advanced course in corporate taxation, and will be taught as an optional continuation of the basic 3-credit Corporate Taxation course (next listed below). Topics covered will include wholly or partially tax-free mergers and acquisitions (statutory mergers, stock-for-stock exchanges, stock-for-asset exchanges, and triangular reorganizations), divisive reorganizations (spin-offs and related transactions) as well as one-party reorganizations (recapitalizations and bankruptcy reorganizations). The focus will be on the often intricate statutory and judicially-created conditions for nonrecognition treatment (i.e., tax deferral) at both the corporate (asset appreciation) and shareholder (stock appreciation) levels, and the tax consequences for all parties to the transaction (substituted basis, treatment of taxable consideration, carryover of corporate tax attributes). Because this is an advanced course, it will be assumed that all students have previously taken Corporate Taxation (either in Spring 2000 or previously) or its equivalent. The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a timed final examination. Additional course information will be posted on the web at–
*Note well: As indicated above, this 2-credit course will be taught as an optional continuation of the basic 3-credit Corporate Taxation course. To accommodate that continuation, in Spring 2000 the Corporate Taxation course will meet 5 times per week for 42 class sessions (about the first 8½ weeks of the semester), after which this course, Corporate Reorganizations – Taxation, will begin meeting in the same class periods (5 times each week) for 28 sessions (about the last 5½ weeks of classes). Students enrolled in Corporate Reorganizations who are not taking Corporate Taxation in Spring 2000 will be notified of the exact starting date of this course a week or two in advance of the first class meeting, and will be invited to attend the last few sessions of Corporate Taxation for review. The final examination will be administered during the normal law school examination period.

Peter Wiedenbeck
W74-648A sec 01
(3 hrs)
MON TUE THU 10:00 - 11:00 a.m. and TUE THU 12:00 - 1:00 p.m.
(Meets 5 times per week for first 8½ weeks of semester.)*
This course involves an intensive study of the statutory, regulatory and case material governing corporate taxation. Topics covered include the tax consequences of corporate organization and capitalization, distributions to shareholders, redemptions of stock, corporate liquidations and taxable dispositions of a corporate business (both stock and asset sales). The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods. Federal Income Taxation is not a prerequisite for this course, but former students indicate that it is highly desirable to take Federal Income Tax before taking this course. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a timed final examination. Additional course information is available on the web at–
*Note well: This 3-credit course will meet 5 times per week for the first 8½ weeks of the semester. The final examination will be administered in late March, about 2 weeks after the last class meeting, but before the regular end of classes.

Curtis Milhaupt


Katherine Goldwasser
W74-580A sec 01
(3 hrs)
MON TUE THU 2:00 - 3:00 p.m.
Study of the law governing the processing of a criminal case once formal charges are brought. 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 Administration I is not a prerequisite for this course.

Karen Tokarz
W74-590A sec 01
(3 hrs)
TUE THU 4:30 - 6:00 p.m.
This course will address employment discrimination based on national origin, race, religion, sex, sexual preference, pregnancy, age, and disability from the litigation and legislative perspectives. The course will focus on federal employment discrimination statutes, including the Equal Pay Act of 1963, Title VII of the 1964 Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and 42 U.S.C. § 1981. There will be considerable discussion and analysis of recent U.S. Supreme Court employment discrimination cases. Students will be encouraged to participate in class discussions. Specific topics will include hiring, promotion, and termination policies, reasonable accommodation, bona fide occupation qualifications, affirmative action, stereotyping, and harassment. There will be a take-home exam. Attendance policy will be discussed in the first class. Although not required, Constitutional Law II is helpful for this course.

Pauline Kim
W74-613B sec 01
(3 hrs)
MON TUE THU 10:00 - 11:00 a.m.
This course will cover the law of the employment relationship in the non-unionized workplace. We will begin with the traditional employment at will doctrine and will then examine various common law doctrines, based on both contract and tort principles, which have eroded the presumption of at-will employment. We also will cover issues such as testing, surveillance and other privacy and dignitary concerns in the workplace. In the latter half of the semester we will examine the various statutory schemes which regulate the employment relationship, such as laws relating to minimum wage and maximum hours, unemployment insurance, workers’ compensation and health and safety. This course will not cover laws dealing with union-management relations, nor any of the various statutes prohibiting employment discrimination.

Russell Osgood
W74-629D sec 01
(2 hrs)
THU 4:30 - 6:30 p.m.
This course will consider the federal and to a lesser extent state, transfer tax system for gratuitous transfers, including gifts, bequests including multiple interest partial charitable gifts. Regular classroom attendance is expected. Grading is based on classroom participation and on an open book final examination. Federal Income Tax is recommended.

Kathleen Clark
W74-722A sec 01
(3 hrs)
MON mornings, FRI afternoons
Open only to students enrolled in Congressional / Administrative Law Clinic
This course is a part of the ethics curriculum. 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, complete several written assignments about the ethical issues they encounter in their work places, and make presentations to the entire class.

Richard Kuhns
W74-547B sec 01
(3 hrs)
TUE WED THU 2:00 - 3:00 p.m.
Analytical study of the principles and rules governing the proof of facts in civil and criminal trials. In addition to examining the Federal Rules of Evidence and their common law counterparts, the course will address broad issues such as what it means to "prove" or to "know" something, the allocation of decision making between judge and jury, the objectives of adjudication, and the relationship between those objectives and rules of evidence.

Susan Appleton
W74-548 sec 01
(4 hrs)
MON TUE THU FRI 11:00 a.m. - 12:00 p.m.
This course examines legal and related non-legal materials on the law of family and quasi-family relationships. Specific topics include the law of reproductive rights, marriage, marital property regimes, divorce, child custody, non-marital cohabitation, non-traditional families, parental authority over children, illegitimacy, support duties, child abuse and neglect, and adoption and other ways of adding children to one’s family, as well as broad theoretical issues such as family privacy, constitutional protection of the family, alternative concepts of "family", and feminist legal perspectives. The assignments include multi disciplinary materials as well as non-legal readings illustrating the ways in which Family Law affects real families and their members. Regular class attendance and participation are required. Students missing an excessive number of classes (more than ten) will be required to withdraw from the course. The course will be conducted on the assumption that all students enrolled have completed a course on individual constitutional rights and liberties (covered in Constitutional Law II) because much of Family Law has now become Constitutional Law. (Students concurrently enrolled in Constitutional Law II have found that taking the two courses together works satisfactorily as well.)

Nancy Staudt
W74-549J sec 01
(4 hrs)
MON TUE WED THU 9:00 - 10:00 a.m.
An introduction to the basic principles of the federal personal income tax. Topics treated will include federal tax procedure, the definition of gross income, and exclusions and deductions from gross income. The course is designed to equip students to handle common personal income tax problems likely to arise in general practice. The course emphasizes a critical examination of the provisions of the Internal Revenue code and the Treasury Regulations so that students may become proficient in the use of these basic tax tools. The teaching methods and materials used in the course are intended to encourage independent thought and critical analysis of the law and policy of federal income taxation.

Leila Wexler
W74-705A sec 01
(3 hrs)
MON TUE THU 10:00 -11:00 a.m.
With the establishment of monetary union and a single currency to rival the dollar, the European Union has stepped up to challenge the United States’ hegemony over the world’s resources, as well proposing an alternative model to the American way of regulating international legal affairs. Indeed, Europe has largely supplanted the United States’ in legal theory and in establishing international institutions that can address global problems. This course will explore how the EU accomplished this. This first part of the course will examine the legal and institutional framework of the European Union -- how the European Union makes law and enforces it, as well as the relationship between European Union law and the law of the Union’s Member States. Subsequently, problems involving the creation and functioning of the "common market" will be addressed, and the focus will turn to several substantive areas of European Union legislation. Part of the focus of the course will be on European Union law-making and law-makers, but a significant portion of our time will be spent on broader policy issues that involve the Union’s status as the first truly supranational (rather than merely intergovernmental) organization of Nations. Thus, the purpose will be not only to "learn the law" but to understand and critique the law-making process. In keeping with tradition, the "annual" European Union wine-tasting will be held sometime during the second-half of the semester. The exam will be a twenty-four hour take home.

David Becker
W74-546A sec 01
(3 hrs)
MON TUE WED 2:00 - 3:00 p.m.
This course concerns the law of future interests, emphasizing its use and importance in estate planning. It includes a study of the types of future interests; the construction of limitations, with special attention to class gifts; the rule against perpetuities; and powers of appointment. This course has no prerequisite other than the first year course on Property. The final exam is timed and closed book. It concentrates on both the substantive and planning aspects of the course. Student preparation and participation in class discussion are expected, and they will be considered in determining final grades. Outstanding contributions to class discussion may add to an examination grade; a general unwillingness to attempt classroom discussion may diminish an examination grade. Daily attendance will not be taken; nevertheless, regular class attendance and preparation are expected. Large scale absences or unpreparedness may be regarded as a general unwillingness to attempt classroom discussion.

Stephen Legomsky
W74-619A sec 01
(3 hrs)
TUE THU 3:00 - 4:30 p.m.
This course is an introduction to the international structure for the protection of selected human rights: laws, procedures, institutions, and policies. Particular emphasis will be placed on the roles of the United Nations and various regional associations. The readings will contain not only legal documents (treaties, executive orders, cases, etc.), but also nontraditional passages such as human rights reports, newspaper articles, political essays, and the like. Regular attendance and rigorous preparation will be required. There are no prerequisites or corequisites.

Daniel Mandelker
W74-615 sec 01
(3 hrs)
TUE THU 3:00 - 4:30 p.m.
This course considers the land use planning and regulation system. After considering the background for planning, we will study the land use takings cases and then local zoning, including exclusionary zoning and the zoning decision making process. Additional topics include subdivision controls, growth management, aesthetic controls and environmental land use regulation. There is an open-book examination.

Clark Cunningham
W74-563T sec 01
(3 hrs)
WED FRI 9:30 - 11:00 a.m.
This course is part of the ethics curriculum. Is "lawyer-hero" a contradiction in terms? If not, do lawyers become heroes because of their lawyer role or in spite of it? This course will explore the possibility that the answer can be "yes" to both parts of the question, because law is unique among the professions in the way it creates for its members profound moral dangers and also offers opportunities for honorable action and inspiring self sacrifice. We will begin with a brief, intensive overview of the substantive law of lawyering that will cover most of the major topics tested by the Multistate Professional Responsibility Examination. (Optional study materials will be made available for MPRE topics not covered in the course.) We will then spend the balance of the course exploring the ethical challenges faced by real lawyers, such as Clarence Darrow and M.K. ("Mahatma") Gandhi, and lawyers in such works of fiction as "To Kill a Mockingbird," "The Firm," and "Presumed Innocent." Much of the reading will not consist of cases but of historical and biographical material. The course grade will be based on a combination of quizzes, writing assignments and a take-home final examination. Regular attendance and preparation are required; failure to meet this requirement will result in withdrawal from the course.

Michael Cannon
W74-525A sec 01
(3 hrs)
WED 4:00 - 6:40 p.m.
This course will offer an in-depth treatment of the basic liability insurance contract marketed to American business, with a particular -- but far from exclusive -- focus upon insurance coverage disputes arising out of environmental and toxic tort claims. These disputes are legion throughout the United States, often involve claims for staggering sums of indemnification and defense benefits, and at their core, pose a major public policy question: Who should ultimately pay for the costs of cleaning up the nation’s hazardous waste sites and for compensating the victims of mass industrial torts? The course also will consider the central, and often peculiar, role played by liability insurance contracts (and by coverage controversies arising under those contracts) in the resolution of disputes involving, inter alia, products liability, construction contracting, and professional liability. The course is intended to provide participants with a highly topical and practical context in which to examine in detail the rights, obligations and potential liabilities of insurers and insureds under liability insurance contracts. The grade for the course will be based on class attendance and participation and a final examination.

Clark Cunningham
W74-567J sec 01
(3 hrs)
WED FRI 12:00 - 1:30 p.m.
In many civil cases the most important and difficult problem is not whether the plaintiff wins on the issue of liability but what will be the real life consequences of the court’s decision? This is the problem of remedies. Will the defendant be required to pay money to the plaintiff, and if so, how is the amount to be determined? What can the plaintiff do if the defendant fails to pay the money? What other kinds of things can a court order beyond the payment of money? What are the limits of judicial power to order the defendant to do something or refrain from doing something? The problem of remedies is particularly difficult and important when the defendant is a unit of government: how much can a court interfere with the operations of the other branches of government? There will be a take-home final examination. Regular attendance and preparation are required; failure to meet this requirement will result in withdrawal from the course.

David Konig
W74-703A sec 01
(3 hrs)
THU 12:00 - 2:00 p.m.
Enrollment limited
This course is cross listed with the History Department (L22-4971). Alexis de Tocqueville wrote in 1835, "Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings." This course is a directed research seminar (but does not fulfill the Research and Writing Requirement for the J.D. degree) on why and how this has been so throughout American history. Its general purpose, therefore, is the historical examination of the purposes and interests served by the law (criminal and civil) and the particular advantages that the legal process has offered. General research areas will include the following questions: Historically, who has made use of the law and legal institutions, and to what purpose? How far has the "shadow of the law" reached to influence private decisions and reinforce private authority outside the courtroom? How have legal doctrine and procedure changed (or resisted change), and to what extent has the law been an autonomous institution in this process of the agent of other forces? Class will meet for four sessions on the theory and practice of legal history, after which students will meet individually with the instructor for supervision of their particular essays.

SUPREME COURT (Seminar in American Politics)
Lee Epstein & Jack Knight
W74-529A sec 01
(3 hrs)
WED 3:00 - 5:00 p.m.
Enrollment limited
This course is cross listed with the Political Science Department (L32-530) and is for graduate students only. This seminar has two purposes: to introduce students to the state of the art in studies of the Supreme Court and to cover a series of particular topics with emphasis on the major controversies within the field of law and the courts. Students will be required to write a paper. There will be no final exam. (Note that this course, although it is taught as a seminar, does not fulfill the Research and Writing Requirement for the J.D. degree)

Leila Wexler
W74-725A sec 01
(3 hrs)
TUE THU 12:00 - 1:30 p.m.
This course fills a growing theoretical and practical gap in the training of lawyers for the 21st Century. It is essentially a course in United States’ Constitutional law that treats the very difficult problems raised when international law interfaces American domestic law or when transnational problems strain the U.S. Constitutional structure. A subject that has fallen into neglect in U.S. law schools, it has started to be revived in scholarly debate. The course will explore the treatment of international law by the U.S. Constitution, examining the peculiar way in which the Constitution appears to treat Treaties and Customary International Law differently. It will examine the distribution of war powers between the executive and Congress, federalism concerns (such as whether states can enact criminal legislation implementing the Genocide Convention, for example, or whether that is purely within Congress’ purview), and individual rights. It will also look at some interesting transnational litigation problems raised by the suit of foreigners in the United States under international claims, such as the notorious Kadic v. Karadzic case decided by the Second Circuit two years ago. Finally, it will ask how one can adopt an eighteenth Century constitution to the globalized twenty-first Century. The exam will be a twenty-four hour take home.