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/).

     FALL 2005 GENERAL COURSES

IP ADMINISTRATIVE LAW (RML)
W74 530A LAW  01 MTuTh 2:00p-3:00p Levin

Administrative Law is the "Civil Procedure" of the regulatory process. The course deals with laws governing administrative agencies at both the federal and state levels. We examine the procedural mechanisms that agencies use as they draft regulations, disburse welfare benefits, grant licenses, and pursue violators of regulatory statutes. We also study the procedural rights agencies must afford to private parties, and the ways in which administrative officials are supervised by Congress, the White House, and especially the courts. Although the course does not examine in detail the substantive laws administered by the NLRB, EPA, HHS, FCC, etc., it provides the background needed to understand the operations of these and other agencies. Regular attendance and preparation are expected, and sanctions may be imposed upon egregious offenders. Course grade will be based on a timed exam. 3 units.

AMERICAN LEGAL HISTORY (DTK)
W74 698B LAW 01 MTuTh 11:00a-12:00p Konig

A survey of the development of law and legal institutions in American History, examining continuity and change in the English common law tradition under the impact of social, economic, and political forces. Coverage will be comprehensive (from Bracton to Brandeis), but will emphasize the way that the law has responded to those factors by redefining the status and rights of individuals and has conferred protections or limits on the legal institutions they created. Among the topics covered will be: the creation of modern property rights doctrine (in objects and in persons, including chattel slavery), women and the family, crime and punishment (including the regulation of religion, sexuality, and reproduction), constitutional 'originalism,' and the competition between judges, juries, and extralegal popular efforts to control the course of change. We will also examine how and why "law on the books" has differed from "law in action" in the American experience. The purpose of this course is to provide an understanding and appreciation of the historical foundations of law as practiced today, and to enable practitioners to use historical argumentation and challenge historical fallacies in the courtroom. Three hours of lecture and discussion. No attendance requirement. Open-book, take-home final exam. 3 units. Same as L98 AMCS 698, L22 History 5909, L32 Pol Sci 598.

IP ANTITRUST (DDE)
W74 611D LAW 01 MTuTh 11:00a-12:00p Ellis

The antitrust course deals with the body of law, primarily federal, that is intended to make the market system function fairly and efficiently. The course will focus on monopoly and competition, the role that competition plays in society and the ways in which courts and agencies have applied the antitrust laws to further competitive goals. The substantive law considered in the course will cover horizontal restraints among competitors, vertical restraints between manufacturers and dealers, monopolization, mergers, and the interplay between antitrust law and the law protecting intellectual property. Economic principles will be discussed under the assumption that the students have not studied economics prior to taking the course. Attendance and preparation are required. There will be a three hour examination. 3 units.

BANKRUPTCY (BS)
W74 645B LAW 01 MTuTh 7:30a-8:45a Schermer

After a brief overview of state debtor-creditor law, this course will cover federal bankruptcy law. The majority of class time will be spent working through casebook problems that require an application of Bankruptcy Code provisions to particular fact situations. The course will begin with coverage of individual bankruptcies and then move on to the special issues associated with business bankruptcies. Attendance, participation and preparation will all be required. Classes will be held on Monday, Tuesday and Thursday from 7:30 a.m. to 8:45 a.m. The class will not meet one week per month (exact weeks TBD). There will be a three hour examination. 3 units.

CIVIL RIGHTS (SRB)
W74 685B LAW  01 TuTh 12:00p-1:30p Bagenstos

This course will provide an introduction to the procedural and remedial aspects of enforcing civil rights-both constitutional and statutory-in the federal courts. Much of the course will be devoted to study of the basic federal civil rights statute, 42 U.S.C. 1983, and the parallel Bivens cause of action. Topics will include: the rules of individual and official liability and, conversely, of official and sovereign immunity under Section 1983; standing and justiciability doctrines that frequently arise in civil rights litigation; the availability of damages and other remedies in constitutional tort cases; and the rules governing the award of attorney's fees. The class will then consider problems arising under other federal civil rights statutes, such as the other Reconstruction-era civil rights legislation (42 U.S.C. 1981, 1982, and 1985) and modern civil rights statutes like Titles VI and VII of the Civil Rights Act of 1964 and Title IX of the Education amendments of 1972. The course will conclude with a study of special problems that arise in complex civil rights legislation. The text for this course will be Jeffries, Karlan, Low, and Rutherglen, Civil Rights Actions: Enforcing the Constitution, together with any annual supplement and various additional materials prepared by the instructor. 3 units.

COMMERCIAL LAW (MK)
W74 702D LAW 01   W  8:00a - 9:30a and  F 11:30a - 1:00p   
Korybut   [Note new days/times/Professor]

This course is designed to familiarize students with some aspects of the law relating to payments and secured transactions. The majority of class time will be spent working through casebook problems that require an application of Uniform Commercial Code provisions to particular fact situations. Articles 3, 4, and 9 of the Uniform Commercial Code will be the principal focus of the course, with the three hours allocated approximately half to Articles 3 and 4, which govern payments, and approximately half to Article 9, which governs secured transactions. Attendance, participation and preparation will all be required. There will be a three-hour examination. 3 units.

CORPORATE AND WHITE COLLAR CRIME (KFB)
W74 642 LAW 01 MTuTh 10:00a-11:00a Brickey

White collar crime is one of the fastest growing areas of specialization in the legal profession. The collapse of the savings and loan industry, rampant fraud in the nation's financial markets, and systemic corruption in the health care industry contributed to a dramatic increase in federal white collar crime prosecutions over the past two decades. The recent financial accounting scandals at Enron, WorldCom, and other publicly held companies have greatly intensified regulatory scrutiny of corporate officers and employees and led to a heightened level of criminal enforcement against them. The focus of this course is on the principal federal statutes used to prosecute corporate and white collar crime. Although the primary emphasis will be on traditional white collar offenses like mail and wire fraud, insider trading, perjury, obstruction of justice, and bribery, students will study more recent entries into the field such as RICO, money laundering, and laws enacted to combat government contract fraud as well. The course will also consider the impact of the criminal provisions in the newly enacted corporate governance reform bill, the Sarbanes-Oxley Act of 2002, and an introductory look at the Federal Sentencing Guidelines. Regular class attendance and preparation are required. 3 units.

CORPORATIONS (MEB)
W74 538P LAW 01 MTuW 12:00p-1:00p Bullard

This course is a survey of the law of corporations, with a brief introduction to basic legal concepts relating to other types of business entities (e.g., partnerships, limited liability companies). The course will cover the operation, organization, and capital structure of corporations; limited liability; derivative actions; shareholder voting rights; and the nature of the fiduciary duties of directors and officers. Insider trading regulation under state law, the Williams Act, and Rule 10b-5 under the Securities Exchange Act is also covered. There will be supplemental, theoretical readings on such topics as managerial behavior, agency costs, limited liability, bond covenants, corporate democracy, fiduciary duties and insider trading. There will be an open-book final exam. 3 units.

EMPLOYMENT DISCRIMINATION (LAR)
W74 590C LAW 01 WF 9:30a-11:00a Rosenbury

This course will examine the law's response to employment discrimination based on race, sex, religion, national origin, sexual orientation, pregnancy, age, and disability. The course will focus primarily on enforcement and interpretation of federal employment discrimination statutes, including Title VII of the 1964 Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991. Specific topics will include hiring, promotion, and termination policies, reasonable accommodation, bona fide occupation qualifications, affirmative action, stereotyping, and harassment. Grades will be based on a final exam. 3 units.

EMPLOYMENT LAW (PK)
W74 613B LAW 01 MTuTh 10:00a-11:00a Kim

This course will cover the law of the employment relationship with a primary emphasis on the non-unionized workplace. We will begin with the traditional employment at will doctrine and will then examine various common law doctrines, based on both contract and tort principles, which have eroded the presumption of at-will employment. We also will cover issues such as testing, surveillance and other privacy and dignitary concerns in the workplace. In the latter half of the semester we will examine the various statutory schemes which regulate the employment relationship, such as laws relating to minimum wage and maximum hours, unemployment insurance, workers' compensation and health and safety. Attendance and preparation are required. Final grades will be based upon a timed exam. 3 units.

ESTATE & GIFT TAXATION  (KAM)
W74 629H  LAW 01  MTuTh 12:00p-1:00p   Moore

Enrollment limit:  40.  An introduction to the Federal system of taxation as it pertains to wealth transfers, covering the gift and estate transfer taxes. We will also review the recent legislation dealing with the repeal of the estate and generation skipping tax. The course will also cover the related Federal income tax provisions. While some familiarity with the Internal Revenue Code will be helpful, it is not mandatory. Similarly, prior study in the law of Future Interests, Trusts and Estates, and Property would be helpful but is not a prerequisite. There will be a final exam. Regular attendance and class participation are expected.  [This course is not open to students in the Graduate Tax Program. Questions can be directed to Kelly Moore, Director of the Graduate Tax Program, at kamoore@wulaw.wustl.edu or 314-935-8768.]  3 units.

ENVIRONMENTAL LAW (MIL)
W74 614B LAW 01 MTuTh 9:00a-10:00a Lipeles

This course explores the field of environmental law by focusing on five key federal environmental laws -- the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act (popularly referred to as "Superfund"), and National Environmental Policy Act. Different approaches to environmental regulation, including significant recent developments in statutory and regulatory changes, will be considered and evaluated. Regular attendance and preparation are expected. Grade is based on a three-hour written examination. 3 units.

EVIDENCE (RBK)
W74 547B LAW 01 MTuTh 9:00a-10:00a Kuhns
W74 547B LAW 02 MTuW 2:00p-3:00p Kuhns

Analytical study of the principles and rules governing the proof of facts in civil and criminal trials. In addition to examining the Federal Rules of Evidence and their common law counterparts, the course will address broad issues such as what it means to "prove" or to "know" something, the allocation of decision making between judge and jury, the objectives of adjudication, and the relationship between those objectives and rules of evidence. 3 units. 

FEDERAL INCOME TAX (PJW)
W74 549G LAW 01 MTuTh 8:50a-10:00a Wiedenbeck

This four unit course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. The course will be taught from a casebook and a statutory pamphlet, by a combination of the case and problem methods. Students will work extensively with the Internal Revenue Code. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a timed final examination. Additional course information is posted on the web at http://law.wustl.edu/Academics/Faculty/Wiedenbeck. 4 units.

FEDERAL JURISDICTION (JND)
W74 634D LAW 01 MTuTh 11:00a-12:00p Drobak

Federal Jurisdiction is one of the capstone courses in a law school's curriculum. It is not merely a course about the use of the federal courts. Rather, it is a course that deals with fundamental issues of governance in a federal system where power is limited by co-equal branches of the government. These fundamental issues will be examined in the context of the relationship between the federal courts and both Congress and the President and the relationship between federal and state courts. We will study a variety of specific legal doctrines relating to the federal courts, such as congressional control over federal court jurisdiction; the federal courts' control over their own dockets through such doctrines as standing, ripeness, mootness and political question; limitations on district court jurisdiction for federalism purposes, such as the Anti-Injunction Act and the abstention doctrines; federal issues in state court; and, if time permits, the eleventh amendment and sovereign immunity. The textbook, Hart and Wechsler's The Federal Courts and the Federal System, which is on reserve in the law library, is the classic book for this course, with so much information in the notes that it is like a small treatise. The reading assignments will average about 25 pages per class. Attendance and preparation are required. The grade will be based on a three-hour closed-book essay exam. 3 units.

INDIVIDUAL RIGHTS & THE CONSTITUTION (MS)
W74 609L LAW 01 WF 1:00p-2:30p Schlanger

This course addresses interpretation and enforcement of the Fourteenth Amendment, focusing in particular on equal protection, due process of law, and state action. There will be an 8 hour week-day self-scheduled final exam. (This course was formerly called Constitutional Law II; therefore, students who have taken Constitutional Law II are not eligible to take this course.) 3 units.

INTERNATIONAL CRIMINAL LAW (LNS)
W74 713A LAW 01 MTuTh 10:00a-11:00a Sadat

Can war be restrained by law? Should "war criminals" be prosecuted? Should Milosevic, Osama bin Laden and Saddam Hussein be tried, and by whom in what fora? The answers, in part, are provided by the study of international criminal law, a growing field at the intersection of international law and domestic criminal law. As a matter of substantive law, this year we will concentrate on war crimes, genocide and crimes against humanity. Procedural coverage will focus on the practical and legal problems in apprehending alleged war criminals and bringing them to trial through methods that range from formal extradition to kidnaping. There will be a mix of statutory, constitutional, treaty, customary international law, case law, and policy-oriented and philosophical materials. The final will be a 24-hour take-home exam. 3 units.

INTERNATIONAL HUMAN RIGHTS LAW (LNS)
W74 619C LAW 01 TuTh 3:00p-4:30p Sadat

This course is an introduction to the international structure for the protection of selected human rights: laws, procedures, institutions, and policies. Particular emphasis will be placed on the roles of the United Nations and various regional associations. The readings will contain not only legal documents (treaties, executive orders, cases, etc.), but also nontraditional passages such as human rights reports, newspaper articles, political essays, and the like. Regular attendance and rigorous preparation will be required. There are no prerequisites or corequisites. The final will be a 24-hour take-home exam. 3 units.

IP INTERNATIONAL LAW (APM)
W74 553A LAW 01 WF 9:30a-11:00a Mutharika

An introduction to rules that govern relations among states as well as relations between states and other entities. A critical examination of the theories that underlie these rules and the institutions within which such rules have evolved will be made.  Particular attention will be given to the relevance of such rules and institutions to contemporary international problems. Attendance and preparation are required. There will be a regular open book examination at the end of the course. 3 units.

INTERNATIONAL ORGANIZATIONS (APM)
W74 560A LAW 01 TuTh 3:00p-4:30p Mutharika

This course examines the role of international organizations in the management of global issues. While a large part of the course will deal with the United Nation's role in peace management and conflict resolution, the role of other organizations (both intergovernmental and nongovernmental) will also be examined. Specific case studies such as Iraq, Bosnia, Cambodia, Angola, Somalia and Western Sahara will be used to examine the efficacy of these organizations in managing global issues. Attendance and class participation are required. The final grade will be based on a take-home examination. 3 units.

JURISPRUDENCE (SLP)
W74 555A LAW 01 TuTh 4:30p-6:00p Paulson

An introductory course for law students on the main currents of thought in jurisprudence and legal philosophy. Jurisprudence, both in the tradition and today, reflects two general outlooks--law as institutionalized power, and law as a species (or application) of morality. As you can imagine, lawyers with a penchant for theoretical questions have worked up a great number of variations on these two themes. Can one reach some kind of conclusion on the question of the nature of law? Drawing for the most part on the work of recent writers, we shall discuss concepts and arguments clustered around the two views--fiat vs. reason, power vs. morality, convention vs. goodness. Classroom instruction is by lecture and discussion. And, for what it's worth, the instructor is in love with the field and does his best to keep things lively and interesting. Nothing is presupposed. The best "background" is curiosity about these questions. The examination is of the traditional, "scheduled" variety, but with study questions (from which the actual exam questions are taken) distributed in advance. 3 units.

LABOR LAW (SRB)
W74 557C LAW 01 TuTh 4:30p-6:00p Bagenstos

This course is an examination of the law governing concerted labor activities and collective bargaining, with particular focus on union organizing, weapons of economic conflict, duty to bargain in good faith, arbitration of grievances, and preemption . The principal focus is on the National Labor Relations Act, though we will also discuss other sources of law and broader questions of policy. 3 units.

Є LEGAL PROFESSION (LG)
W74 563K LAW 01 W 3:00p-6:00p Gross

[This 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. This 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 are: Lawyers and Ethics in Film and Law, Lawyers & Justice, Practical Ethics for Civil Litigation, and Litigation Ethics.] A study of the law and institutions which govern the lawyer in our society, with emphasis on the various roles of the lawyer in the legislative, judicial administrative and private legal processes. We will examine the rules which govern lawyers' behavior: the ABA Model Rules, case law, the Constitution, etc. with particular focus on whose interests are protected by the rules. We will also watch clips from television shows and movies which involve lawyers' ethics. The class will discuss practical problems about how lawyers can avoid potential legal ethics pitfalls. The grade will be based on two components: (1) a paper which will be based on an analysis of the legal ethics issues in a novel to be assigned; and (2) a multiple choice final. 3 units.

LEGISLATION (RML)
W74 601 LAW 01 MTuTh 11:00a-12:00p Levin

In most law school courses, judge-made law is the center of attention. In real-world settings, however, lawyers frequently find themselves spending more time working with statutes than with case law. In order to equip students to survive in our so-called "age of statutes," this course attempts to shed light on legislation and the processes that give rise to it. The first half of the course will examine legal rules that govern the legislature, including such topics as lobbying regulation, bribery statutes, ethics rules, open meetings laws, the line-item veto, and judicial review of legislative decision making procedure. The second half of the semester will be a more straightforward doctrinal unit, examining the ways in which legislation is implemented in the courts. The primary focus will be on principles of statutory construction. Students will acquire a working knowledge of the uses and abuses of canons of construction, legislative history materials, and other tools that lawyers and judges employ as they try to make sense of legislation. Regular attendance and preparation will be expected, and sanctions may be imposed on egregious offenders. The course grade will be based on a timed exam. 3 units.

READINGS IN JAPANESE LAW (JOH)
W74 724D  LAW 01  TuTh 2:00p-3:00p  Haley

This 2 unit course is an introduction to the Japanese legal system and various perspectives on the cultural and structural factors that influence the contemporary function of law and legal institutions. The readings will include the most important works in English on the Japanese legal system by Japanese and American scholars.  [Students interested in this advanced course must receive approval from Prof. Haley - contact him at johaley@wulaw.wustl.edu; Japanese language ability preferred.]  2 units.

REMEDIES (TBN)
W74 567K LAW 01 MTu 1:00p-2:30p Brown-Nagin

In civil litigation, identifying a cause of action and obtaining a finding of liability can often be less difficult than attaining a satisfactory remedy for the defendant's wrongful acts. This trans-substantive course discusses the remedies available for various civil causes of action, including compensatory and punitive damages, restitution, forfeiture, and injunctions. The purposes of and standards for administering structural injunctions within the context of institutional reform litigation are covered in depth; injunctions are the focus of more than half of the course. Topics include the philosophical justifications for the imposition of various remedies; value judgments involved in determining monetary awards; the difficulties involved in structuring and enforcing remedies that run counter to majority sentiment or against governmental and insolvent entities; institutional reform litigation such as cases involving school desegregation, prison administration, and mental health facilities; and the tort reform movement inspired, in part, by large punitive damages awards. This class meets for 78 minutes (it begins at 1:08 and ends at 2:26). Examination. 3 units.

SECURITIES REGULATION
W74 569E LAW  01 MTu 7:45a-8:45a* and W 8:30a-9:30a Bullard

The primary focus of this course is the regulation of capital formation under the Securities Act of 1933. The course traces the steps in a registered offering and explores selected registration exemptions. Also included is a comparison of the elements of private causes of action under the Securites Act and the Securities Exchange Act of 1934. This is a statutory course that emphasizes the wording of the law, regulations and pronouncements promulgated by the Securities and Exchange Commission, and court interpretations of both. Case law is less important than in most traditional law school courses. Regular attendance and participation are expected. There will be a final exam. 3 units. [If no one in the course is enrolled in Fed Income Tax, the class will meet from 8:00a-9:00a on Monday and Tuesday.]

SOCIAL SCIENTIFIC RESEARCH FOR LAWYERS (LE)
 W74 551A LAW 01 W 3:00p-5:00p Epstein

Enrollment limit: 32. The purpose of this course is to provide law students with the ability to conduct and evaluate empirical social science research. By "empirical social science research" I mean scholarship that attempts to assess intuitions or theories against observations drawn from the real world. 3 units. Same as L32 Pol Sci 532.

STATE AND LOCAL GOVERNMENT (DRM)
W74 617 LAW 01 TuTh 3:00p-4:30p Mandelker

The purpose of this course is to provide an understanding of the role and function of state and local governments in a federal system. Lawyers in private practice frequently must consider state and local government law issues as well as lawyers who work for government agencies. For example, it is estimated that one out of every eight tort suits is brought against a local government. Topics covered include annexation and incorporation; government structure and powers; taxation and finance; tort, section 1983 and antitrust liability; special legislation and delegation of legislative power; and the role of the chief executive and the courts in policy making. A final chapter covers suits against local government through use of the extraordinary writs. There is a web site for the course, which is accessed in class, and which contains supplementary materials. Class participation and attendance are required subject to excuse. One unexcused absence is permitted. There is an eight-hour, take-home, open book examination. 3 units.

IP  THEORY OF PROPERTY RIGHTS (JD/DN)
W74 699A LAW 01 TuTh 1:00p-2:30p Drobak / North

Enrollment limit: approx. 25 law students & 25 economics students. This course is cross-listed in the Economics Department. This law and economics course focuses on how the law affects the course of economic growth. It is jointly taught by Professor John Drobak of the law faculty and Professor Douglass C. North of the economics faculty. The enrollment is made up of both law and economics students. The course will begin with two weeks of introduction to economic theory and history. That will be followed by study of the law and economics of Ronald Coase's pathbreaking article "The Problem of Social Cost." The course will then examine the historical development of the law merchant and its incorporation into modern commercial law. The course will also examine the law and economics of the limits imposed on government regulation by the takings clause of the fifth amendment, followed by the study of the law and economics of rent control. Other subjects studied in the course will include some or all of the following: slavery and labor contracts, cognition and contract law, airline deregulation, telecommunication regulation and environmental law. There will be an hour and a half mid-term exam, an hour and a half final examination, and an 8-12 page term paper. Attendance and preparation are expected. Some classes will be taught primarily by lecture, but most classes will entail typical classroom discussion. There is no economic prerequisite for law students, although it would be helpful for law students to have taken one course in price theory or micro-economics. If law students have not, it will require some additional work to understand some of the economic instruction in the course. 3 units.

IP  TRADEMARKS AND UNFAIR COMPETITION (JLR)
W74 647F  LAW  01   TuWTh  10:00a-11:00a   Rothman

This course will be an introduction to U.S. trademark and unfair competition law, focusing on the federal system under the Lanham Act.  We will also consider state trademark and unfair competition laws, as well as the fundamental policies underpinning trademark law.  In addition to these basic issues, the course will address issues of current interest, such as: protection of Internet domain names; trademarking celebrities; conflicts between trademark protection and the copyright and patent laws; and trademark dilution. Students interested in exploring intellectual property law are encouraged to enroll in this course first, and then to take either Patents & Trade Secrets or Copyrights & Related Rights, or both. The grade for this course will be based on either an in-class final exam or a forty-eight hour take-home exam. Class participation will also be considered in assigning a final grade.  3 units.

TRUSTS & ESTATES (LAR)
W74 575N LAW 01 TuTh 3:00p-4:30p Rosenbury

This course will examine the basic legal doctrines and rules applicable to transfer of decedents' wealth by intestate succession, will, and trust. Topics to be addressed include the state's control of inheritance; intestate succession; will execution, revocation, and construction; family protection and the protection of non-traditional families and relationships; private express and charitable trusts; and fiduciary administration. The course will not cover future interests, estate planning, or estate and gift taxation since separate, specialized classes and seminars are offered on each of these important topics. Grades will be based on a final exam. 3 units.

 

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updated 04/10/2007
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