Office the Law School Registrar



Course Directory 2005-2006

UPPER LEVEL COURSE INFORMATION

Є - Courses that satisfy the ethics requirement 
(See list of ethics curriculum courses at
http://law.wustl.edu/Registrar/Coursedir/

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/).

     SPRING 2006 APPLIED LAWYERING SKILLS COURSES

IP ADVANCED INTELLECTUAL PROPERTY LITIGATION (GU)

[Course canceled]

ADVANCED LEGAL RESEARCH (PB)
W74 523B LAW 01 WF 8:30a-9:30a Berwick

Enrollment limit: 22. Advanced legal research is a two unit course covering all aspects of the legal research process. Areas to be covered include: 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/HG)
W74 607A LAW 01  Th 5:00p-8:00p   Burton / Garvey / Goldsmith

Enrollment limit: 16. 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 LAW 01 M 6:00p-9:00p Curran (Holtshouser)
W75 503A LAW 02 W 4:30p-7:30p Rosen (Holtshouser)
W75 503A LAW 03 M 6:30p-9:30p  Reap (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 tolearn 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 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.

ALTERNATIVE DISPUTE RESOLUTION THEORY & PRACTICE
W74 641M LAW 01 M 6:00p-9:00p Litz  (Tokarz)
W74 641M LAW 02 W 1:00p-4:00p Larkin (Tokarz)
W74 641M LAW 03 W 1:00p-4:00p Reeves (Tokarz)

Enrollment limit: 16. This course introduces students to the theory and practice of Alternative Dispute Resolution (ADR). The course explores the field of ADR, with significant focus on negotiation and mediation because 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 the analytical and interpersonal skills necessary for attorneys to be successful in ADR, whether as advocates or mediators. The course develops analytical frameworks through analysis of case studies and discussion of articles, in which students examine lessons from both theorists and practitioners. The course develops interpersonal skills through roleplay exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in ADR. The readings and the roleplay exercises draw from a wide variety of ADR 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. 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. Prof. Karen Tokarz oversees the ADR program. IF YOU ARE ENROLLED IN THIS COURSE AFTER MON, JAN 2, 2006, 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.

ARBITRATION THEORY & PRACTICE (TMB)
W74 612A  LAW 01  W 6:30p-9:30p   Blumenthal

Enrollment limit: 20. This course introduces students to the theory and practice of Arbitration. This course will address the uses and modes of arbitration in various contexts, including commercial, construction, employment, and international. The course will examine common law, the Uniform Arbitration Act used by most states, and the U.S. Arbitration Act. The course focuses on the manner in which analytical and interpersonal skills necessary for attorneys to be successful in arbitration differ from those in litigation. The course develops analytical frameworks through case studies and articles, in which students examine lessons from both theorists and practitioners. Student grades are based on written assignments throughout the semester, preparation for and participation in class discussions and simulations, and a take-home final paper. Students are graded according to the standard numeric grading scale. There are no prerequisites for this course.  EARLY DROP DEADLINE: MON, JAN 2, 2006 - Any student who drops without permission after this date risks receiving a failing grade (70).   3 units.

BUSINESS PLANNING & DRAFTING: THE DEAL
W74 583F  LAW 01 M 6:00p-9:00p Endicott / Oberlander

Enrollment limit: 20.   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.   3 units.

COMMERCIAL REAL ESTATE PRACTICE & DRAFTING (SFM/CPS)
W74 710D 01 W 6:30p-8:30p   McCandless / Saunders

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, development, financing 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 developer and lender, as applicable, in a typical commercial real estate transaction.  Although the basic commercial 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  Bennett

                           [ COURSE CANCELED ]


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 contract provisions needed to protect the interests of the various participants in the development, design and construction process. Third, to give students practical experience in drafting contract language 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.

CORPORATE FINANCE PLANNING & DRAFTING (TBK)
W74 539F 01 W 3:00p-5:00p Kinsock

LAW 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.

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/DS)
W74 628A LAW 01 TuTh 4:30p-6:00p  Brody / Laiderman / Stanley

Enrollment limit: 20. This is an applied estate planning course, which will focus on the federal transfer tax system (gift, estate, and generation-skipping taxes) and its application to practical estate planning, both on a basic and a more advanced level. This course assumes some basic knowledge of the 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 (in fact, students without such a background may find that they will need substantial self-study to keep up with the class discussion). 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 focus 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 use 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. The grade for the course will be based primarily 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 is 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.

HEALTH INSURANCE LAW AND REGULATION (DH)
W74 707F  LAW  01   W 6:00p-8:00p  Henley

Enrollment limit:  16.  [Early drop date:  Tues, Jan. 10, 12:00 noon.]  This 2 unit course provides students an overview of the terms, entities, laws, regulatory environment and issues associated with health insurance and medical care. The student will learn that health insurance and medical care involve the principles of tort law, contract law, criminal law, and agency law. In addition, the student will see how health insurance and medical care relate to each other. The course will begin by defining health insurance terms and identifying entities and individuals that are involved in the provision of health insurance and medical care. The course will then focus on the regulation of health insurance. In particular, students will learn about the state and federal agencies that regulate the health insurance industry and providers of medical care. In addition, students will learn about federal laws and programs with which health care entities and health care providers must comply. Students will also have an opportunity to explore the methods the government uses to address the issue of access to health care. Entities and individuals in the health insurance industry and those that provide medical care are subject to actions from the individuals for whom they provide insurance coverage or medical care. Therefore, the course will cover the types of actions that might be brought against such entities and health care professionals. The last section will expose students to bioethics. Students will discuss the current issues affecting health insurance and health care. During the course, students will have an opportunity to participate in practical exercises such as drafting insurance policies and provider agreements, drafting statutes and regulations and responding to agency audits. The required text for this course is the Fifth Edition of Health Law, Cases Materials and Problems by Furrow, Greaney, Johnson, Jost and Schwartz. During the semester I will periodically circulate additional articles, recent cases, and other material as either required or optional reading. The course will primarily be graded based on a final examination, practical exercises and class participation. There is a fairly lenient attendance policy. Students missing more than three class sessions without explanation may receive a decrease in their final grade.  [Prior to 12:00 noon on Thurs, Jan. 5, interested students should email Colleen Erker at erker@wustl.edu.  After this date/time, interested students may register online via WebSTAC.]   2 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, posted to spring semester.

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, posted to spring semester.

INTERNATIONAL MOOT COURT TEAM (LNS)
W75 612S LAW 01 TBA Sadat / Sison

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 Professors Sadat and Sison 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 [students trying out for the team should attend International Courts & Tribunals–Practice & Procedure (Fall 2005 semester: TUE 6:30p-8:30p); those who make the team will be automatically enrolled.] [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 in fall, 1 unit in spring.

IP INTERNET LAW (CF/MS)
W75 501D LAW 01 MW 5:00p-6:30p Fendell / Sableman

Enrollment limit: 30. [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; Copyright & Related Rights; and Trademark Practice.  3 units.

IP MANAGEMENT AND EVALUATION OF INTELLECTUAL PROPERTY ASSETS (JK/MH)
W75 537A LAW 01 MTuTh 12:00p-1:00p Kepler/Hoffman

Enrollment limit: 20. [* This is an advanced IP course – see below for details on eligibility of non-IP LLMs to take this course.] 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 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, at mcmanis@wustl.edu, 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.

NATURAL RESOURCES LAW (TJH)
W74 691B  LAW  01  M 6:30p-8:30p  Heisel

Enrollment limit: 15.  The objective of this 2 unit course is for students to develop an understanding of the legal structures governing natural resource management in the United States.  The course will focus on three areas:  water allocation, wildlife management and protection (including endangered species issues), and public land management.  In addition to reading assignments and class lectures and discussion, there will be presentations by practitioners in the field and a problem solving exercise.  Students will be evaluated on the following criteria:  1) 10% for in class participation; 2) 20% for a writing assignment; and 3) 70% for the final exam.  Students are expected to prepare for, attend, and participate in every class unless a compelling excuse is provided for absences.  The textbook will be Natural Resources Law: A Place-Based Book of Problems and Cases by Klein, Cheever and Birdsong (Aspen Publishing).  2 units.

NEGOTIATION (KDS)
W74 578D LAW 01  [Intensive one-weekend pass/fail course: Sat, Feb. 18 (8:00a-5:00p) & Sun, Feb. 19 (12:00p-4:00p)]  Syverud

Enrollment limit:  60.  [Students who have taken "Negotiation Theory and Practice" or "Business Negotiations: Theory & Practice" are not eligible to take this course.]  This one unit pass/fail course will be offered in an intensive weekend format.  The course will emphasize learning the skills of negotiation by simulations in which students will negotiate and watch their classmates negotiate.  Class members will conduct three negotiations during the weekend – a simple sales contract, a retainer agreement between an attorney and a client, and a complex multi-party dispute.   The first negotiation will commence immediately at the start of class, so prompt attendance is vital to credit in the course.  Some negotiations will be videotaped for review in class.   Lunch will be provided on Saturday.  The reading for the course consists of Roger Fischer and William Ury, Getting to Yes: Negotiating Agreement Without Giving In (Harvard/Belknap Paperback).  Other readings on lying in negotiation (approximately 30 pages) will be made available two weeks before the class occurs.   In addition to the simulations and discussion of the readings, there will be brief instruction on drafting agreements and advice about further steps to improve negotiation skills.   Students who attend all class sessions, participate in good faith in the simulations, and do the readings will receive a pass for the course.  Students who are enrolled and do not show will receive a grade of  F70.  Attendance will be taken both days.  1 unit.

NONPROFIT ORGANIZATIONS PLANNING & DRAFTING (PHR)
W74 572A LAW 01 Th 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 (RB)
W74 561C  LAW 01 – Tu 6:00p-8:00p - Bresnahan

Enrollment limit:  24.  [This 2 unit course is part of the ethics curriculum and is considered a "survey" ethics course.] 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, a final drafting assignment and a final examination.   2 units.

PRETRIAL PRACTICE & PROCEDURE (PK)
W74 658N LAW 01 – Tu 4:00p-7:00p - Ferry
W74 658N LAW 02 – Tu 5:00p-8:00p - Bindler
W74 658N LAW 03 – W  5:00p-8:00p - Denner
W74 658N LAW 04 - M  5:00p-8:00p - Nowogrocki
W74 658N LAW 05 - W 5:00p-8:00p - Jellinek
W74 658N LAW 06 - W 5:00p-8:00p - Berns

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. Attendance and preparation are required. A STUDENT WHO MISSES A TOTAL OF MORE THAN TWO CLASSES, OR WHO MISSES ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR, IS SUBJECT TO REQUIRED WITHDRAWAL FROM THE COURSE. This includes partial absences and absences for school activities like moot court or mock trial. 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 2, 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. Prof. Pauline Kim oversees the adjunct taught sections in this course. 3 units.

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, the Class Action Fairness 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.

SEXUALITY & THE LAW: THEORY & PRACTICE
W74 602D LAW  01   W 3:00p-5:00p   Lieberman

Enrollment limit:  20.  This 2 unit course will introduce students to existing and emerging jurisprudence in the areas of sexuality and the law with an emphasis on practical litigation perspectives. The course will examine caselaw in the context of current debates in the areas of privacy, equal protection, military exclusions, education, marriage, parenting, violence and transgender issues, helping students understand how to devise litigation strategy and assess the impact of emerging litigation and test cases. The course is directed to students interested in learning about substantive law related to sexuality and sexual orientation and to students interested in developing an understanding of public interest and impact lawyering in emerging civil rights arenas. This course will be limited to 20 students. Grading is not anonymous as attendance and group participation, discussion and debate are critical to case assessment. Students will analyze emerging cases and asked to assess their impact potential. Students will be graded based on attendance and participation, final case memorandum (in lieu of final exam) and oral presentation.  2 units.

IP  SPORTS LAW PLANNING & DRAFTING
W74 510D LAW 01  Th 6:30p-8:30p  Kaburakis/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 $200+ 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.  Part of the semester will be devoted to NCAA compliance.  This specific area involves many practice opportunities for future lawyers wishing to work on athletic administration issues (e.g., Compliance Coordinators of Intercollegiate Athletic Departments, Counsel to NCAA member conferences, NCAA front office, and NCAA legal counsel).  An overview of NCAA Bylaws juxtaposed with intercollegiate athletics issues, as well as other athletic associations' regulatory frameworks, will guide the law student to progressively become familiar with sports and their relation to higher education.  Points of emphasis will include case law and a study of several topics of interest in regard to NCAA compliance.  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 exam addressing fundamental principles of amateur and professional sports law as well as recent developments in this growing area.  This course will be graded anonymously.  The following courses are not co/pre-requisites, but they would be extremely beneficial to have taken or be taking:  Antitrust and Trademarks & Unfair Competition.  2 units.

TRIAL ADVOCACY COMPETITION
W75 703A LAW 01 TBA  Mason / Rudder

Enrollment limited: 12; subject to professors' discretion. [Students do not register online for this course.] Upperclass 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, posted to spring semester.

TRIAL PRACTICE AND PROCEDURE (PAJ)
W74 597Q LAW 01 M 5:00p-6:30p Joy Th 6:00p-8:00p

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 Monday, January 2, 2006.] 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, January 2, 2006, 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.

 

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updated 04/10/2007
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