WASHINGTON UNIVERSITY SCHOOL OF LAW
Course Directory 2004-2005
Fall 2004 

Upper-level Course Information - Applied Lawyering Skills Courses


ALTERNATIVE DISPUTE RESOLUTION THEORY & PRACTICE

W74  641M  LAW 01  W  1:00p-4:00p      Larkin / Tokarz
02  W  6:00p-9:00p Frankel / Tokarz
03  M  5:00p-8:00p 

Whitby / Tokarz

Enrollment limit: 16. This course introduces students to the theory and practice of Alternative Dispute Resolution. The course focuses primarily on negotiation and mediation. 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 both the analytical and interpersonal skills necessary for attorneys to be successful in ADR, whether as advocates or mediators. The course aims to develop conceptual frameworks to help students better analyze, better prepare, and better undertake the interpersonal aspects of ADR. Through analysis of case studies and discussion of articles, students examine lessons from both theorists and practitioners.  Through participation in roleplay exercises, students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in ADR. The  roleplay exercises draw from a wide variety of 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.  Students will receive a videotape of at least one of their dispute resolution roleplays and students will meet privately with the professor to review the video for self-critique and feedback. 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.  IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, August 16, 2004, 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.

 

BUSINESS PLANNING & DRAFTING: THE DEAL 

W74  583F  LAW 01  Tu  4:30p-6:30p  and Hull
      Th  7:45a-8:45a  

Newmark           

Enrollment limit: 40.  Pre/co-requisite: Corporations. This course will offer students an opportunity to learn about the lawyer's role in business transactions. The course will focus on developing practical skills in negotiation, drafting and organization, and will involve significant role-playing experiences. The course will be structured around a hypothetical transaction involving the sale of a privately-held corporation and will culminate in a mock closing of the transaction. Lectures will address substantive legal concerns as well as practical issues that may arise in the course of a merger/acquisition transaction, including the letter of intent, tax and other structuring considerations, financing methods, regulatory constraints, due diligence review and drafting of transaction documents. Students will be divided into buyer and seller teams for purposes of the mock transaction and will be expected to devote significant time outside of class to working with their teams and with "opposing counsel" to prepare transaction documents. There will also be several brief individual drafting assignments. There will be no final examination. There will be an attendance policy. Grades for the course will be based on drafting assignments, in-class negotiation sessions and general class participation. Drafting assignments for this course will be graded anonymously; however, other factors that contribute to the final grade (approximately 40% of the final grade) will not be derived anonymously because such factors include negotiation skills, mock transaction involvement, and in-class participation, all of which the instructors must observe in person in order to assess performance.  Note: The time this class meets on Thursday morning may be subject to change – if no one is taking Federal Income Tax (which meets from 8:50-10:00), the Thursday class may be shifted to 8:00a-9:00a.   3 units.

        

CIVIL RIGHTS LITIGATION THEORY & PRACTICE (SMR)

W74  579P  LAW 01  Tu  6:00p-8:00p      

Ryals  

Enrollment limit: 12.  This course is a study of the major issues raised in the litigation of federal constitutional and statutory claims against state and local governments and officials under 42 U.S.C. § 1983 and related statutes.  Section 1983, which is derived from the Civil Rights Act of 1871, is now a major vehicle for vindication of claims of deprivation of constitutional rights.  Effective litigation of Section 1983 claims, from both the plaintiff's and defense perspective, requires a thorough understanding of federal practice, constitutional principles, discovery issues -  particularly the law of privilege as it relates to discovery - and specific to Section 1983 claims, the law or immunities from suit and the law pertaining to the liability of cities and counties.  There are no prerequisites, but this course is a logical counterpart to the courses in Trial Practice, Trial Advocacy, Federal Jurisdiction and Constitutional Law. The course will begin with a series of lectures introducing the substantive law of Section 1983, exploring issues such as municipal liability, qualified immunity, color of law and the substantive rights under the constitution and laws that may be redressed in a Section 1983 suit.  Having laid the foundation of the substantive law of Section 1983, the class will then focus on the practical aspects of prosecuting and defending a Section 1983 police misconduct case.  The class will be presented with a detailed fact situation and from that will work through the pleadings, discovery, summary judgment and trial preparation.  There will likely be guest lecturers and in class exercises involving client interviews and perhaps the deposition of the parties. The students will write and present in class a final paper or project.  The students will have a choice between writing on a substantive topic or preparing a summary judgment motion/response.  Grades will be based primarily on the in class presentation and the final written project (length: 12-20 pages).  In addition, there will likely be extra-credit opportunities and the quality of in class participation will be evaluated.  Grading will not be anonymous because each student will make an oral presentation in class, making total anonymity impractical if not impossible.  For example, some students will choose to write a paper on a substantive topic, as opposed to writing either a motion or response to summary judgment.  The author of such a paper will be known because the student will have already presented the topic in class. There will be no textbook, rather, the students will read selected cases dealing with Section 1983 litigation as well law review articles.  Regular attendance is expected and required, as is participation in class discussions.  3 units.

 

CORPORATE FINANCE PLANNING & DRAFTING (TBK)

W74  539F  LAW 01  W  3:00p-5:00p    

Kinsock

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.

 

IP ENTERTAINMENT LAW PLANNING & DRAFTING (MK/JM/DS)  

W74  528B  LAW 01  MW  5:30p-7:00p    

Kahn/Mathes/Michelman

Enrollment limit: 24.  This applied skills course will offer practical experience in dealing with transactional and litigation issues unique to the practice of entertainment law. The class will cover issues key to client  counseling and agreement drafting related to movies, television,  music, print publishing and rights of publicity. IN ADDITION, THE CLASS WILL EXAMINE IMPORTANT RECENT JUDICIAL DECISIONS AFFECTING THESE RIGHTS AND EXPLORE HOW TO ADDRESS THOSE ISSUES IN THE DRAFTING CONTEXT.  Drafting assignments will relate to creative control, credit, compensation, transfer of rights, and related issues. Students enrolling in the course will find it helpful to have had, or be enrolled in an introductory course in Intellectual Property, such as Copyright and Related Rights, Intro to IP Law, Trademark Law. Grading of papers is not anonymous so that papers can be revised and returned for re-drafting, additionally class attendance and participation are factored into final grading.  3 units.

 

IP INTELLECTUAL PROPERTY LICENSING: INTELLECTUAL PROPERTY AND E-COMMERCE PLANNING & DRAFTING (CHF)

W75  530D  LAW  01  TuTh  4:30p-6:00p 

Fendell

Enrollment limit: 24. This course will explore the issues and techniques involved in planning for intellectual property, electronic commerce and information technology transactions and drafting supporting legal documents. You will develop an understanding of how to draft clear and comprehensive legal documents for these types of transactions through a series of weekly drafting assignments. The course will be based on real-world examples. Drafting assignments may include client letters, software development agreements, electronic rights licenses, work made for hire agreements, distribution/reseller agreements, institutional and end-user licenses, original equipment manufacturers (OEM) agreements, source code escrow agreements, patent licenses, non-disclosure and employment agreements, trade secret licenses and trademark assignments and licenses, and various on-line contracts. Regular attendance and class participation are required. The grade for the course will be based on the drafting assignments and class participation. Although there is no formal prerequisite, you will find it helpful to have had or be enrolled in: Intro to IP Law (Trademarks & Unfair Competition); Copyright and Related Rights; Cyberspace Law; Intellectual Property Litigation; Patent Law; Trademark Practice.  This course will not be graded anonymously because the grade will be based on a series of written assignments, some of which will be critiqued in class and some of which may be re-drafts. 3 units.

IP INTELLECTUAL PROPERTY LITIGATION (DW/BW) 

W75  530B  LAW 01  TuTh  6:30p-8:00p

Warren/Wheelock           

Enrollment limit: 24. This applied skills course will offer practical experience in dealing with pretrial and trial litigation issues unique to patent, copyright, trademark, and trade secret litigation.  Students enrolling in this course will find it helpful to have had or be enrolled in Evidence; Intro to IP Law (Trademarks & Unfair Competition), Copyright & Related Rights and/or Patent & Trade Secret Law.  3 units.

INTERNATIONAL BUSINESS TRANSACTIONS (AC)

W74  625B  LAW 01  M  6:30p-9:30p

Charters

Enrollment limit: 20. The roles of technology rights and transfer and financial system tools will be emphasized throughout the course on international business transactions. The class will cover major features of the Convention on Contracts for the International Sale of Goods (CISG), the forms used to facilitate international trade, how arbitral tribunals approach decisions with regard to the CISG, fraud in the use of letters of credit; the interaction of letters of credit and notice under the CISG; Bills of Lading and fraud; insurance; risks of war and other frustrations; freight forwarding; and supply, distribution and sales agency contracts. Regulation of international trade will be considered, focusing on e-commerce, bill of lading law, the Foreign Corrupt Practices Act, U.S. export controls and intellectual property investments, including trademarks/franchising and technology licensing. Forms of investment, from joint ventures, to wholly owned enterprises, to investments through the U.S. stock markets will be considered. If time permits, risks of takings, foreign debt and the roles of the IMF and NAFTA will be considered. The structure of selected investment agreements will be considered. Fitting documentation together with these larger structures and issues will be taught throughout. Five written assignments will be given, with feedback. Some team oral assignments with other students will be given in preparation for the written assignments. Regular attendance and class participation will be considered. Due to the written assignments and class participation grades, the grading will not be anonymous.  3 units.

INTERNATIONAL COURTS AND TRIBUNALS - PRACTICE & PROCEDURE (GCS)

W74  619B  LAW 01  T  6:30p-8:30p

Sison

Enrollment limit: 12.  This 2 unit course focuses upon the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution.  The primary focus will be on the International Court of Justice (“ICJ”).  Students will examine the ICJ’s history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States.  Students will also be exposed to other international courts and tribunals, such as the Permanent Court of Arbitration, the World Trade Organization’s Dispute Settlement Body and the International Tribunal for the Law of the Sea, and will compare and contrast the practice and procedure before such bodies with the ICJ.  With respect to the practice component of the course, students will be exposed to the rules of procedure and style of practice before the ICJ through the use of a hypothetical contentious case between two States.  Students will learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court.  Particular attention will be paid to the jurisprudence of the ICJ with respect to such issues.  Students will also learn how to make substantive legal arguments on the merits before the ICJ.  In doing so, students will gain exposure to substantive international law in the form of international human rights law represented by various human rights instruments and customary international law, especially as it relates to the rights of detainees.  Students will gain experience in researching and using various international legal materials and sources necessary for making oral and written submissions before the ICJ.  Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions.  During the course of the semester, students will draft three short writing assignments (approximately 2-4 pages in length) in the form of preliminary objections and/or responses to the ICJ each arguing a single, discrete procedural issue arising out of the hypothetical contentious case.  Students will also prepare and deliver a brief oral argument (approximately 5-7 minutes in length) based on those writing assignments.  At the end of the semester, each student will prepare a final substantive writing assignment (approximately 8-10 pages in length) consisting of a memorial to the ICJ on the merits of the hypothetical case and present a final oral argument (approximately 10 minutes in length) based on the written memorial.  Students will work individually and rotate roles as applicant and respondent for their written and oral assignments. This course will not be graded anonymously because of the nature of the work.  Although not required, it would be helpful to have taken or be taking International Law or International Legal Process. (Students who make the International Moot Court Team are required to take this course; students planning to try-out should attend up to the try-outs and will be added to the course if they make the team.)  2 units.

 

INTERNATIONAL MOOT COURT TEAM (LNS)

W75  612S  LAW 01  TBA

Sadat 

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 Professor Sadat and an adjunct professor 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 (slots are saved in this class for the students who make the team).  [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.

                          

JURY INSTRUCTIONS & THE TRIAL PROCESS (DN) 

W74  716A  LAW  01  W  6:00p-8:00p

Noce   

Enrollment limited to 12.  This is a 2 unit course. Theories and practice of the jury instruction process and its relationships to the various aspects of jury trial litigation are  presented from the perspectives of the judge, attorneys, jury, and  appellate court.  Attendance and participation are expected.  No final  exam is administered, but students will submit periodic drafting projects, including a set of instructions and special interrogatories.  Students  will also submit a research paper on the last class day.  Students are required to obtain the course book from Support Services (Room 301) and the JURY INSTRUCTIONS DRAFTING WORKBOOK from the University Bookstore.  Grading is not anonymous, because the teacher personally edits, returns,  and discusses the students' projects throughout the semester.   2 units.

         

MEDIATION THEORY & PRACTICE [See Alternative Dispute Resolution.]

MOOT COURT (WILEY RUTLEDGE COMPETITION) 

W75  604S  LAW 01  TBA

Dorothy/Lewis

Enrollment limit: 96  [Students must register online for this intramural competition.] This course is known as the Wiley Rutledge Moot Court Competition. Note the special add/drop dates established by the members of the Moot Court Board.  Students are required to attend an informational meeting at the beginning of the semester. Each student must, together with a partner, prepare an appellate brief of passable quality and present a minimum of two oral arguments of passable quality. Students must also attend two mandatory seminars on oral arguments and brief writing. This course is graded on a pass/fail basis.[Keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member):1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]  1 unit.

                     

NEGOTIATION THEORY & PRACTICE  [See Alternative Dispute Resolution.]

PRETRIAL PRACTICE AND PROCEDURE (KJN)        

W74  658L  LAW 01  M  5:00p-8:00p  Keith / Norwood
02  Tu 5:00p-8:00p  Hemphill / Norwood

 03  W  12:00p-3:00p 

Walsh / Norwood

 04  W  3:00p-6:00p                      

Homann / Norwood
05  Th  3:00p-6:00p  Gunn / MacDonald / Norwood    
06  Tu 4:30p-7:30p King / Norwood
07  W  6:00p-9:00p Tucker / Norwood

08  Th 6:00p-9:00p

Franks / Norwood

Enrollment limit: 12 per section.  [Note early drop deadline of Mon, August 16, 2004.] This course covers the pretrial phase of civil litigation -- from client contact through final trial preparation and settlement negotiation. During the course of the semester students will "litigate" two personal injury actions. While most work will be individual, students sometimes will work in teams. There will be written assignments, such as pleadings, discovery requests and settlement documents. Students will be required to prepare extensively for the simulations. The course is graded modified pass/fail [High Pass (94), Pass, Low Pass (78), Fail (70)]. The final grade will be determined by the student's performance on written assignments, simulations, and participation in class discussions. A course from the ethics curriculum and Evidence may be helpful if taken before or simultaneously with this course but are not prerequisites.  WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, AUGUST 16, 2004, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.  3 units.

 

IP SPORTS LAW PLANNING & DRAFTING (RL)

W74  510D  LAW 01  W  6:30p-8:30p

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 $100 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.  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 drafting exam addressing fundamental principles of amateur and professional sports law as well as recent developments in this growing area. This course will not be graded anonymously.  2 units.

 

IP TRADEMARK PRACTICE (LE/FH/TP)   

W74  623F  LAW 01  MW  6:00p-7:30p

Evans/Hellwig/Polcyn          

Enrollment limit: 24. This course will offer practical skills training in the four phases of trademark practice-acquisition of rights, enforcement of rights, and exploitation and transfer of rights. The course will be taught by the problem method and will focus primarily on the development of planning and drafting skills.  Weekly problems will include an initial client interview, selecting appropriate forms of protection and clearance, filing the application, responding to common rejections, opposition and cancellation proceedings, dealing with infringement, including claims, defenses, evidence and remedies in judicial proceedings, administrative protection of trademarks, mergers and acquisitions, and licensing. Students enrolling in the course may find it helpful to be or have been enrolled in Trademarks & Unfair Competition, though this course is not a pre-requisite. This is a practical skills course and class participation will be taken into consideration in the formulation of grades - therefore, grading will not be anonymous.  3 units.

    

TRIAL PRACTICE AND PROCEDURE (PAJ)

W74  597Q  LAW  01  M  5:00p-6:30p
     
Th  6:00p-8:00p

Joy 

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 Mon, July 12, 2004.] 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, July12, 2004, 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.


Є - Courses that satisfy the ethics requirement (See list of ethics curriculum courses at http://law.wustl.edu/clinicaled/index.asp?id=1053                                                                                          IP - Courses that are part of the curriculum for the LL.M. in IP & Technology Law degree  (These courses are open to JD students, unless otherwise noted in course description; See IP LLM curriculum at http://law.wustl.edu/Registrar/Coursedir/ ).

Return to Course Directory Table of Contents

updated 12/14/2004