Office of the Law School Registrar:
Course Directory:
APPLIED LAWYERING SKILLS - Spring 2000


ADVANCED LEGAL RESEARCH
Phil Berwick
(2 hrs)
TUE THU 9:00 - 10:00 a.m.
The purpose of this course is to introduce the student to important legal research materials not covered in the first year research and writing program. Topics to be covered include: federal legislative history research, research in international law, research in selected foreign jurisdictions, legal research using electronic databases and the use of the publications available in each topic area. Questions to be addressed include: where does one start; why is one publication better than the other; when does one use electronic instead of print publications; when does one end the information gathering process? The final grade will be based on three short assignments (10% each), one longer bibliographic essay (60%) and class attendance and participation (10%). Enrollment limit: 20.

ALTERNATIVE DISPUTE RESOLUTION
Christopher Guthrie
W74-641J sec 01
MON 12:00 - 3:00 p.m.
W74-641J sec 02
WED 8:00 - 11:00 a.m.
W74-641J sec 03
WED 3:00 - 6:00 p.m.
Enrollment limit: 20 per section
(3 hrs)
Alternative dispute resolution (ADR) is not really "alternative" because most disputes settle informally through negotiation, mediation, and other ADR processes. The purpose of this course is to learn the theory and practice of ADR. The course will introduce the three central ADR processes -- negotiation, mediation, and arbitration -- but will focus primarily on negotiation because negotiation is the ADR process lawyers are most likely to employ and because negotiation theory and skills underlie many of the other processes. During each of our three-hour sessions, we will learn about ADR through traditional lecture and discussion, but we will spend most of our time conducting demonstrations, exercises, and simulations. Student grades will be based on a variety of factors, including papers, performance on in-class and out-of-class simulations, and attendance. Because of the nature of this course, one student's absence will adversely affect at least one other student's classroom experience. Thus, attendance is mandatory, and failure to attend will have an adverse, perhaps even catastrophic,impact on the absent student's grade. On the plus side, however, there are no prerequisites for this course.

BUSINESS PLANNING & DRAFTING: THE DEAL
Robert Newmark
[A Practice-Oriented Approach to Complex Business Transactions]
W74-583F sec 01
(3 hrs)
TUE  8:00 - 9:00 a.m. &  THU  4:30 - 6:30 p.m.
Enrollment limit: 20
This course will offer students an opportunity to learn about the role of a business lawyer in business transactions. The course will focus on developing practical skills; negotiation, drafting, and organization. Classes will involve significant role-playing opportunities. The course is structured around an integrated series of transactions involving the hypothetical sale of a family business. Students will be exposed to legal issues involved with a letter of intent, choice of entity considerations, financing methods, regulatory complications, due diligence efforts, negotiating a stock purchase agreement, side agreements including a consulting agreement, and will culminate with a mock closing of the transaction. Practicing attorneys may be called upon for "guest" lectures. There is no final examination. There will be an attendance policy. Grading for the course will be based on the drafting assignments, in-class negotiation sessions, and general class participation. Students will be divided on the first day into buyers and sellers, and will work as a team with their similarly designated colleagues throughout the course. Students will be expected to devote some time outside of class working with their "opposing" counsel to complete transaction documents. The class will meet twice weekly: one one-hour lecture and one two-hour role-playing session.

CONSTRUCTION LAW: PRACTICE AND DRAFTING ISSUES
IN DEVELOPMENT, DESIGN AND CONTRACTING
Joseph Colagiovanni
W74-710A sec 01
(2 hrs)
MON 6:00 - 8:00 p.m.
Enrollment limit: 20
The focus of this 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 most common forms. Third, to give students practical experience in revising the standard documents in order to protect the interests 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., loan agreements or easements). The class will be divided into groups, each asked to represent one or more of the parties. The group will then negotiate and document the agreement reached on the issues, and all will participate in a summary review and critique session. Regular attendance and preparation will be required. The final grade will be based on the drafting exercises and on class participation.

ENVIRONMENTAL MOOT COURT
Maxine Lipeles
W75-605S sec 01
(1 hr)
Enrollment limit: 96
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.

ESTATE PLANNING AND DRAFTING
Lawrence Brody
W74-628A sec 01
(3 hrs)
WED 4:30 - 6:00 p.m. and FRI 8:30 - 10:00 a.m.
Enrollment limit: 20
As the name indicates, this is an applied estate planning course where students will 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, including a simple will, a marital will, a revocable trust, a revocable insurance trust, an irrevocable insurance trust, an irrevocable inter vivos trust, a durable power of attorney, and a living will. In addition, the course involves consideration of a number of sophisticated planning situations and an understanding of the transfer tax provisions of the Internal Revenue Code and Regulations, as well as techniques necessary for the acquisition of a moderate level of expertise in the field. Class time will be devoted to a discussion of the planning techniques; some non-class time will be devoted to watching videotapes on how to use the drafting system and its use to draft documents. A small portion of the grade in the course will be based on the drafting assignments and student participation in class meetings; the majority of the grade will be based on a final examination (focusing on the planning concepts discussed in class). Attendance and preparation are expected and lack thereof is likely to have an adverse effect on the "participation" portion of the grade and on what the examination will cover. Readings for each class hour will be rather substantial because of the advanced level of the course and may, on occasion, be as much as 30 or 40 pages. In addition, students are expected to make considerable use of estate planning form books, which can be found in the library.
Pre/co-requisite: Estate & Gift Taxation. Trust & Estates, while not required, would provide useful background information.

INTELLECTUAL PROPERTY AND HIGH TECH PLANNING AND DRAFTING
Charles Fendell / Greg Upchurch
W74-711B sec 01
(3 hrs)
TUE  THU  4:30 - 6:00 p.m.
Enrollment limit: 20
Identifying issues and drafting legal documents concerning intellectual property and technology licensing and litigation (including, specifically, computer related issues and documents). Documents include licenses, assignments and various litigation documents. The particular requirements for documents in each branch of intellectual property are stressed. The course highlights both procedural and substantive aspects of protecting intellectual property. Students enrolling in the course will find it helpful to have had or be enrolled in Intellectual Property Law, Copyright and Related Rights, Patent and Trade Secret Law, and/or Unfair Trade Practices.

MOCK TRIAL (see TRIAL ADVOCACY COMPETITION)

PATENT DRAFTING
John Kepler
W74-623A sec 01
(3 hrs)
TUE THU 4:30 - 6:00 p.m.
Enrollment limit: 12
Students will prepare and prosecute patent applications. Activities will include conducting patent searches and patentability opinions; drafting patent application claims; preparing responses to official office actions; and confronting intellectual property issues related to applications. A background in engineering is highly recommended.

PRETRIAL PRACTICE AND PROCEDURE (EMPLOYMENT LITIGATION)
Pauline Kim

W74-658N sec 01
TUE 3:00 - 6:00 p.m. -
Pauline Kim

W74-658N sec 02
WED 3:00 - 6:00 p.m. -
Michael Ferry

W74-658N sec 03
TUE 5:30 - 8:30 p.m. -
Donna Harper/Hon. Thomas Mummert

W74-658N sec 04
WED 4:00 - 7:00 p.m. -
Kate Denner/Mark Rudder

Enrollment limit: 12 per section
(3 hrs)
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. Successfully completing 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. In addition to practicing traditional litigation skills, such as drafting pleadings, arguing motions and taking depositions, we also will explore ethical and policy issues surrounding the lawyer’s role in resolving disputes. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are expected to be prepared to discuss the assigned readings, as well as to participate in simulations in class each week. The course is graded numerically. Grades will be based on performance on written assignments, in-class simulations and participation in class discussion. Each section of the class, each limited to a maximum of 12 students, will meet separately throughout the semester. Please note that each section is an independent class which meets at a different time with a different instructor or instructors. 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 new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, JANUARY 3, (i.e., any time after midnight on that date), 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 (65 - 100) for the course.

TRIAL ADVOCACY COMPETITION (formerly MOCK TRIAL)
Hon. David Mason & Mark Rudder
W75-703A  sec 01
(2 hrs)
Enrollment limited: 6
Upperclass students in good standing are eligible to try-out for the mock trial team.  Try-outs take place during the fall semester; try-out information is distributed to students by the Clinical Program Office, Room 583. [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.]

TRIAL PRACTICE AND PROCEDURE
Peter Joy
W74-597Q sec 01
(3 hrs)
MON 5:00 - 6:00 p.m. & THU 6:00 - 8:00 p.m. (all students are expected to meet at both times listed)
Enrollment limit: 48
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 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 (high-pass, pass, low-pass, fail). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion. Regular attendance is required.
Prerequisite: Students must have completed Evidence prior to taking this course; Pretrial is not a prerequisite for Trial.
WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Trial openings too late for them readily to change their schedules and enroll, the following new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, JANUARY 3 (i.e., any time after midnight on that date), 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 (whether high-pass, pass, low-pass, or fail) for the course.