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

Upper-level Course Information - Applied Lawyering Skills Courses                Updated: 11/24/04


ADVANCED LEGAL RESEARCH (PB)

W74  523B  LAW  01 WF  8:30a-9:30a Berwick
Enrollment limit: 22.  Advanced legal research is a two credit course covering all aspects of the legal research process. Areas to be covered included: legal publications that assist the practicing attorney, sources of foreign and international law, sources that assist the legal researcher in gathering scientific and social science data. Special emphasis will be given to online sources of information. Laptops are required. It has not yet been determined whether there will be a final paper or an examination.   2 units.
 

ADVANCED PRACTICAL CRIMINAL PROCEDURE (MB/JG)

W74  607A  LAW  01  Th  5:00p-8:00p Burton/Garvey/Goldsmith
Enrollment limit: 12.  (This course may meet at the St. Louis County Courthouse in Clayton.) This applied skills course will examine various aspects of client representation and advocacy from a perspective unique to criminal practice.  Topics covered will include initial interviews( of clients or victims),  grand jury and preliminary hearings, discovery, pretrial motions and hearings, plea bargaining, voir dire, expert witnesses, jury instructions, sentencing, and post conviction proceedings.  For each topic, there will be both assigned readings and practice exercises (which include either classroom simulations or short written assignments).  Each class will have a prominent  local prosecutor or defense attorney as a guest lecturer.  Regular attendance and preparation are required.  Students will be graded based on class participation, classroom performance in the simulations, and the written assignments.  Prerequisite: Evidence.  Students are encouraged to take Trial Practice & Procedure prior to taking this course (although it is not a prerequisite).  3 units.
 

ADVANCED TRIAL ADVOCACY

W75 503A 01  M   6:00p-9:00p     Curran/Holtshouser
  02  Section canceled  
  03  W   4:30p-7:30p Rosen/Holtshouser

Enrollment limit: 6 per section (minimum: 4 per section).  Prerequisites: Trial Practice & Procedure  (Note that Evidence is a prerequisite for Trial Practice & Procedure.) This 3 unit course is designed for students who intend to be litigators. It provides these students with an opportunity to further develop skills learned in the basic Trial  Practice and Procedure course as well as to learn new trial skills, including the use of computers in the courtroom.  The course focuses on techniques used in federal courts and uses actual case and investigative materials from federal criminal cases.  Required work for the course will be similar to that done for the basic Trial Practice course, except that there will be less time spent on lecture and demonstration and more time on skills performance.  Two full trials will end the semester.  The final class will involve trying a criminal case to a jury, but in a more complete format than that of the Trial Practice class. This course will meet once a week for three hours. It will be graded on a modified pass/fail basis [HP94,P, LP78, F70]. Grade will be determined by the student's performance on simulation assignments, other work assigned during the semester, and the final trial, as well as weekly class participation.   WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, IF YOU ARE ENROLLED IN THIS COURSE AFTER Friday, December 3, 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.

 

ALTERNATIVE DISPUTE RESOLUTION THEORY & PRACTICE  (Tokarz)

W74  641M  LAW 01   W  1:00p-4:00p Larkin
W74  641M  LAW  02   M  6:00p-9:00p Freed / Whitby
Enrollment limit: 16. (Students who have taken Mediation Theory & Practice are not eligible to take this course.) 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, January 3, 2005, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course; and risks receiving a failing grade (70).  3 units.
 

BUSINESS PLANNING & DRAFTING: THE DEAL (SH)

W74  583F  LAW   01  TuTh  9:30a-11:00a Hogan
Enrollment limit: 20 (minimum 10). 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 and will constitute approximately 60% of the final grade.  The remaining 40% of the final grade will be based on the student’s performance during in-class mock negotiations, active participation in the mock transaction and contribution to class discussions.  3 units.
 

COMMERCIAL REAL ESTATE PRACTICE & DRAFTING (SH/JO)

W74  710B  LAW   01  Tu  6:30p-8:30p

Hammel
Otto

Enrollment limit: 20. This two unit course will be a theory and practice course, combining the study of substantive law with practical application, drafting and problem solving. The course is planned and directed toward students considering commercial real estate practice. Students taking this course will get an exposure to common issues arising in commercial real estate acquisition and lease transactions. Throughout the course, students will be asked to discuss and role play the relative positions and motivations of the seller and purchaser or lessor and lessee, as applicable, in an acquisition or lease of commercial real estate. Although the basic real estate transactions course is not a prerequisite, this commercial real estate course will continue and expand upon many topics covered in the basic course. Attendance and preparation will be required. The final grade will be based on class participation, drafting assignments throughout the semester, and a final exam.   2 units.

 

COMPLEX CIVIL LITIGATION (JFB)

W74  651A  LAW   01  M  5:00p-7:00p Bennett
Enrollment limit: 30. This two unit course will explore the issues which arise in a typical large-scale civil suit involving multiple parties and will cover most of the major stages of litigation (including settlement), other than trial and appeal. The focus of the course will be on aspects of litigation largely unique to larger or more complex cases. An emphasis will be placed on class actions and cases involving disputes in multiple courts in different parts of the country. The course will focus on practical strategic concerns that arise in these cases and on developing writing skills needed to prepare the types of pleadings that are typically filed in these cases. The course will not require substantial research.  Students will be graded based on class participation, drafting assignments, and a final exam.  2 units.
 

CONSTRUCTION LAW: PRACTICE & DRAFTING ISSUES IN DEVELOPMENT, DESIGN & CONTRACTING (JAC)

W74  710A  LAW   01  M  6:00p-8:00p Colagiovanni

Enrollment limit: 20  The focus of this two unit applied skills course will be three-fold. First, to provide the overview needed to learn how the various documents that comprise the total construction development package relate to each other. Second, to familiarize students with the language and purpose of the most common forms. Third, to give students practical experience in revising the standard documents in order to protect the interest of their clients. Each class will focus on a brief problem description, which will identify various parties and issues relating to the general topic to be discussed (e.g., termination provisions, scope of work, ownership of documents, etc.) Regular attendance and preparation will be required. There are 4 papers and a final contract drafting exercise. The final grade will be based on the drafting exercises and on class participation. This course will not be graded anonymously because the grade will be based on a paper on which the instructor will work closely with each student. 2 units.

 

CYBERSPACE LAW

[See Internet Law.]

   
 

ENVIRONMENTAL MOOT COURT (MK)

W75  605N  LAW 01  TBA Koby
Enrollment limit: 96. [Students must register online for this intramural competition.] Note this course has special add/drop dates determined by the student board and faculty advisor. Students must attend the informational meeting at the beginning of the semester, along with a brief writing seminar and an oral argument seminar. Students work in teams of two for the preparation of an appellate brief and the presentation of a minimum of two oral arguments concerning an environmental law issue.  Semi-finalists are selected based on their written brief score and oral argument scores from the two preliminary rounds.  The winning team represents the law school in the National Environmental Moot Court Competition.  This course is graded on a credit/no credit basis. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]       1 unit.
 

ESTATE PLANNING & DRAFTING (LB/SL)

W74  628A  LAW  01  TuTh  4:30p-6:00p Brody
Laiderman

Enrollment limit: 20.  SEQ CHAPTER \h \r 1This is an applied estate planning course, which will focus on the federal transfer tax system (gift, estate, and generation-skipping taxes) and their application to practical estate planning, both on a basic and a more advanced level. This course assumes some basic knowledge of federal transfer tax system; courses in estate and gift taxation and trust and estates, while not required, would provide useful background for students interested in this course. The planning portion of this course will be taught from instructor generated outlines, which cover the basics of estate planning, as well as sophisticated estate planning techniques, including marital deduction planning, charitable planning, insurance planning and advanced trust planning. The drafting portion of this course will be taught from a text book, focusing on common drafting problems and suggested solutions to drafting client will and trust documents. Depending on the time available, students may have the chance to a computerized drafting system to draft all or a portion of the various legal documents used in the estate planning process. Class time will be devoted to a discussion of the planning techniques. A majority of the grade for the course will be based on a final examination, which focuses on the planning concepts discussed in class; a small portion of the grade may be based on student participation and class meetings. Attendance and preparation are expected, but not required; again, the examination will cover what is discussed in class. Readings for each class hour will be substantial because of the advanced level of the course. 3 units.

 

INTELLECTUAL PROPERTY MOOT COURT-PATENTS & COPYRIGHTS (CRM)

W75  606M  LAW   01  TBA McManis
Enrollment limit: 6. [Student do not register online for this course.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester.  Those selected will prepare briefs and participate in the Giles Sutherland Rich Regional Moot Court Competition, held in Chicago during the spring semester.  Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester.  While there are no formal prerequisites or corequisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in patent- or copyright-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]       2 units.
 

INTELLECTUAL PROPERTY MOOT COURT-TRADEMARKS & UNFAIR COMPETITION (CRM)

W75  606N  LAW   01  TBA McManis
Enrollment Limit: 6. [Students do not register online for this course.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester.  Those selected will prepare briefs and participate in the Saul Lefkowitz Brand Names Regional Moot Court Competition, held in Chicago during the spring semester.  Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester.  While there are no formal prerequisites or corequisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in trademark-related courses.  [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]       2 units.
 

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.  [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.
 

IP INTERNET LAW (CF/MS)

W75  501D  LAW  01  MW  5:00p-6:30p

Fendell
Sableman

Enrollment limit: 30.  (This course was formerly called Cyberspace Law.)  This course will examine the law of information and commerce on the Internet.  It will consider the special liabilities of various Internet users (conduits, content providers, and users), the duties and liabilities flowing from typical Internet actions and activities (domain name use, electronic commerce, linking, use of trademarks and copyrighted materials, parody, disparagement, collection of private information), current and proposed laws and regulations directed to Internet activities (privacy, indecency, anti-spam, anti-hacking, etc.), and the laws, regulations, and structures that govern the Internet (ICANN and its predecessors).  The course will consider how practitioners handle Internet issues, in adapting existing laws and precedents to Internet issues, in helping clients prevent problems, and in resolving disputes informally or through litigation.  Although the course will focus for the most part on issues unique to the Internet, certain traditional legal issues that arise frequently in Internet law, such as trademark infringement through domain names, and the sufficiency of Internet activities for jurisdictional purposes, will be examined. Grades will be based on class participation and regular assignments throughout the semester in which students will address hypothetical practical cyberspace law issues.  There will be no final exam. This course will not be graded anonymously because the grade will be based on a series of written assignments, some of which will be critiqued in class and some of which may be re-drafts. It is highly recommended that students have taken or be concurrently enrolled in any of the following courses:  Trademarks & Unfair Competition (formerly Intro to IP Law); Copyright & Related Rights; and Trademark Practice.   3 units.
 

IP LEGAL PROBLEMS OF INTERNATIONAL ECONOMIC RELATIONS (AC)

W74  570B  LAW  01 WF 1:30p-3:00p Charters
Enrollment limit: 18. The class will be built around the interactions between finance and other regulatory issues of international economic relations, including trade.  The material covered will include U.S., international and certain foreign provisions, and how to communicate with clients about these issues.  The focus will be on the interests of states, quasi-governmental units, and certain types of private parties, and on how these are reinforced or dismantled in the law.  This course is distinct from International Business Transactions, where the focus is on transactions in sales, investment and loan contexts.  Throughout, the relevance of international and regulatory issues to client businesses will be emphasized.  Examples from the text, student papers, lecture and discussion will be used to illustrate these interactions and client concerns. Grading will be based on the following assignments: (1) a 20 double spaced page (plus footnotes) research paper and 2 page summary of the paper as if prepared for clients; and (2) class participation, including certain client counseling exercises (one each as lawyer and as client) and a presentation of the research paper and summary to class, as if to clients (with PowerPoint).  There will be no final exam.  Students will select research paper topics based on prior interests, issues raised in class, and consultation with the instructor.  At least 3 times during the term, students will meet with the instructor to evaluate progress with and questions about the research paper.  There will be no anonymous grading due to the interactive nature of the assignments. 3 units
 

IP MANAGEMENT AND EVALUATION OF INTELLECTUAL PROPERTY ASSETS (JK)

W75  537A  LAW  01  MTuTh  12:00p-1:00p

Kepler

Enrollment limit: 20.  [This advanced course is open only to LL.M. IP students. JD students and non-law graduate level students, wishing to take the course must request and receive special permission by emailing Prof. Charles McManis, Director of the IP LLM Program, at mcmanis@wulaw.wustl.edu]. This course will provide a survey of different systems and methods of managing intellectual property assets, both from a corporate perspective and from a law firm perspective.  This management includes an in-depth review of the various processes for making intellectual property decisions over entire life cycle of a patent, trademark, copyright, trade secret, and license. Building upon this knowledge, we will learn how to conduct an evaluation of an intellectual property portfolio of a target corporation, in the context of a hostile acquisition and in the context of a friendly acquisition, and how to report the findings to the officers of a corporation. *[This course is open to intellectual property LLM students in the School of Law.  If space is available, the adjunct professors or Prof. McManis may grant admission to this class on an individual basis to 3L students in the School of Law who have completed one or more classes on patents, trademarks, or high-tech licensing. J.D. students will be given letter grades (A, B, etc) because there is no mandatory mean for this course. Interested graduate level students from non-law W.U. departments may seek permission to take this course – see instructions on the form found at http://law.wustl.edu/Registrar/Forms/nonlawrequestfrm.html; Graduate Business School students are encouraged to apply.] 3 units.

 

MEDIA LITIGATION (BAL)

W74  528C  LAW  01  W  6:30p-8:30p Lipman
Enrollment limit: 20. This two unit course will address the nature of pre-trial litigation practice as it applies to mass media clients. The focus of the course will be upon the unique way in which the stages of litigation apply to representing media clients, emphasizing the extent to which the First Amendment varies civil practice within the media law context. The course will involve drafting pleadings and legal briefs with regard to, among other things (1) defamation actions, (2) subpoenas to the media and (3)Sunshine Law and court access issues. The course will not involve substantial research. Grading will be based upon the writing assignments, class participation and the final.  This course will not be graded anonymously.  2 units
 

MEDIATION THEORY & PRACTICE

[See Alternative Dispute Resolution.]
 

NEGOTIATION THEORY & PRACTICE: THE DYNAMICS OF BARGAINING, NEGOTIATION & DISPUTE RESOLUTION

W74  578C  LAW  01  W  5:00p-8:00p McLean Parks

Enrollment limit: 30.  [Students will be expected to attend a 4 hour arbitration session on Sat, April 16; there will be no class on March 9 (spring break), March 16 or April 13.  Students who took Prof. Hinshaw’s Negotiation Theory & Practice class in Spring 2004, are not eligible to take this class.]  Skillful negotiation is an essential aspect of every attorney's job, whether working in law office practice, government or business.  Effective negotiators are capable of reaching sound and lasting agreements in settings such as merger or joint venture, contract discussions, settlement of litigation, partnership agreements, or in any negotiation situation where the terms of an agreement or contract are determined.  Even more importantly, a successful professional must be an effective negotiator simply to go about the everyday work of dealing with clients, partners, employees, judges, legislators, and colleagues. The purpose of this course is to improve your ability to analyze and conduct negotiations in these and other settings. This course will help you become a professional negotiator - professional in the sense that you will understand the theory and dynamics of negotiation and be better able to conscientiously and effectively choose among a limited set of potential negotiation strategies. The course is designed to be relevant to a broad spectrum of negotiation problems faced by lawyers and professional negotiators. The course will provide you with the skills and refined intuition necessary to negotiate in a variety of contexts. To accomplish this, we need to teach you about both the theory and practice of negotiation. Both parts will be emphasized. We frequently will play strategic games, but we will also discuss specific Frameworks that will help you to analyze and assess negotiation situations and build the skills to be a successful negotiator. The class is designed to complement technical skills learned in other classes in the Law School. A basic premise of the course is that negotiation is a fundamental lawyering skill, that lawyers need the analytical skills to discover optimal dispute resolution solutions, and that a broad array of negotiation skills are necessary in order for negotiated solutions to be accepted and implemented. The course will allow participants the opportunity to develop their skills both theoretically and experientially, and to understand negotiation in useful analytical frameworks. This class covers dispute resolution topics including basic and complex negotiation analysis and skills and cross-cultural negotiations in a variety of contexts.  Considerable emphasis will be placeD on simulations, role playing, and cases.  Student grades are based on written assignments throughout the semester, preparation for and participation in roleplay exercises, negotiated outcomes from the roleplay exercises, and a final paper.  IF YOU ARE ENROLLED IN THIS COURSE AFTER January 3, 2005, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course, and risks receiving a failing grade.  3 units.

 

NONPROFIT ORGANIZATIONS PLANNING & DRAFTING (PHR)

W74  572A  LAW  01  THU 8:00a-10:00a P. Ruger
Enrollment limit: 24. This 2 unit applied skills course will examine the unique characteristics of nonprofit organizations.  The course will examine the types of nonprofit organizations, the formation of a nonprofit organization and related operational issues including the responsibilities of directors and officers. Obtaining and keeping tax-exempt status, and charitable giving will be covered. The unique issues of religious, higher education and health organizations will be addressed.  There will be three (3) written exercises during the semester and a final exam.  Each exercise will be 20% of the grade and the final exam 40%.  2 units.
 

IP PATENT DRAFTING (BW)

W74  623G  LAW  01  TuTh  6:30p-8:00p Warren/Wheelock
Enrollment limit: 20. Students will draft patent claims and prepare and prosecute patent applications. Activities will include studying the results of [conducting] patent searches and preparing patentability opinions; drafting patent applications; preparing responses to official office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. This course will not be graded anonymously because the professor works closely with students on their drafting assignments. A background in engineering or science is highly recommended.  3 units.
 

Є PRACTICAL ETHICS FOR CIVIL LITIGATION (MPD)

W74  561C  LAW 01  M  7:00p-9:00p Downey
Enrollment limit: 24 [This two unit course is part of the ethics curriculum; it is considered a "survey" course. Students may not take more than one survey course for credit toward their degree.  Other survey courses offered recently and/or this academic year are:  Legal Profession, Lawyers and Ethics in Film & Law (formerly Legal Ethics in Film), Litigation Ethics, and Lawyers & Justice.]  A civil litigator often faces ethical dilemmas, including how to solicit and bill clients, resolve conflicts of interest, and handle confidential information. This course seeks to help prepare students to identify and resolve such dilemmas. The curriculum will focus on the professional rules that govern a civil litigator's interactions with clients, opposing parties and counsel, tribunals, and others. Hypotheticals and problems based on real situations will be used. Grades will be based on class participation and a final drafting assignment/take-home examination.  2 units.
 

PRETRIAL PRACTICE & PROCEDURE (PK)

W74  658N  LAW

01        W  5:00p-8:00p (note new day)

Jellinek

W74  658N  LAW

02        Tu  3:00p-6:00p

Kim
W74  658N  LAW

03        Tu  5:00p-8:00p

Ferry
W74  658N  LAW 04        W  5:00p-8:00p Denner
W74  658N  LAW 05        F  12:00p-3:00p Luepke
Enrollment limit: 12 per section. This course is offered in several free-standing sections, each of which meets at different times with a  different instructor.  Each section of the class is limited to a maximum of 12 students and will meet weekly throughout the semester during a 3-hour late afternoon or evening time slot. This course will focus on developing the skills necessary for effective client representation at the pretrial stage of litigation, from the initial interview through settlement negotiations, in the context of employment litigation. The drafting and in-class simulation exercises are centered around two principal cases -- both dealing with allegedly unlawful job terminations.  Successful completion of the written and in-class exercises will require mastery of basic lawyering skills, as well as the ability to analyze the factual situations presented under the appropriate substantive laws.  Thus, students should expect to do some legal research throughout the semester in order to learn and correctly apply the relevant employment laws. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are also expected to participate in simulations of the lawyering process in class each week.  The course will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Grades will be based on performance on written assignments, in-class simulations and participation in class discussion.  Because written assignments and in-class performance depend upon the particular role assigned to each student, this course will not be graded anonymously.    Course work in Professional Ethics, Evidence, Employment Law and Employment Discrimination may be helpful if taken before or simultaneously with this course, but are not prerequisites.  WITHDRAWAL POLICY:  In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Mon, January 3, 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.   Prof. Pauline Kim oversees the adjunct taught sections in this course.
 

SECURITIES LAW LITIGATION & ARBITRATION (JRS)

W74  568A  LAW  01  T  6:00p-8:00p Soraghan
Enrollment limit: 24.  Pre/Co-requisite: Securities Regulation (exceptions possible with permission of professor who can be emailed at jsoraghan@DMFIRM.com). This two unit course will be both academic and practical. It will require students to analyze the elements of and policies underlying the most common securities fraud claims, including Rule 10b-5 and its case law, related statutes and typical arbitration claims, and to apply that analysis to pleading cases in both court and arbitration. We will compare the often highly technical pleading requirements in court under the Federal Rules, the Private Securities Litigation Reform Act, the Securities Litigation Uniform Standards Act, and the conflicting cases thereunder, with the rather amorphous pleading and hearing practice under the rules of the securities regulatory organizations, primarily the National Association of Securities Dealers. There will be several drafting exercises designed to prepare students for motion practice and related proceedings in securities litigation and arbitration. We will also address the case law and the recently adopted  Sarbanes-Oxley Act concerning the responsibility and liability of lawyers in their representation of clients in securities law matters generally, not only in litigation, and students will prepare written memoranda advising in-house counsel thereof. We will study the shift of most securities industry disputes to arbitration for resolution, what claims are typically found in arbitration and the procedures for their resolution. We will also analyze the growing role of the courts in shaping the structure of the arbitration process. Regular attendance and participation will be required (just as participation in court and in chambers is crucial to a client's result), and will  constitute up to 20% of the grade. The remainder of the grade will be based on writing and drafting assignments and possibly a final exam.  If the class is small enough to work with students one-on-one on the papers, the course will not be graded anonymously.  2 units.
 

TRIAL ADVOCACY COMPETITION

W75  703A  LAW

 01  TBA

Mason
Palley
Rudder

Enrollment limited: 12; subject to professors' discretion.     [Students do not register online for this course.]  Upper-level students in good standing are eligible to try-out for the trial team.  Try-outs take place during the fall semester; try-out information is distributed to students by the Clinical Program Office, Room 589. This program involves intense training in trial advocacy and evidence law. There is also substantive work in all aspects of torts and criminal law rotating year to year. You will be expected to do substantive legal research as part of your case preparation. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition course per semester.]    2 units.
 

TRIAL PRACTICE AND PROCEDURE (KG)

W74  597M  LAW

 01  M  5:00p-6:00p
       Th  6:00p-8:00p

Goldwasser

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 two complete trials.  Required work for the course will include both reading and written assignments. Students also will be required to prepare extensively for simulations. The class will meet twice a week for a total of three hours, divided between one 1-hour session and one 2 hour-session.  In the 1-hour session, the entire class will meet with Professor Goldwasser.  In the 2-hour session, students will meet 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. 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 policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, JANUARY 3, 2005, YOU WILL NOT BE PERMITTED TO DROP THE COURSE.  In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.  3 units.

 
 
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/ ).


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updated 12/14/2004