Office the Law School Registrar

Course Directory 2005-2006


Є - Courses that satisfy the ethics requirement 
(See list of ethics curriculum courses at

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


W74 635D LAW 01 MTuTh 9:00a-10:00a Gunn

This course will explore the central aspects of federal and international law affecting American Indians. The course will begin by considering the status of Indian nations as sovereign political entities within the United States and examining the legal and political relationships these nations have with the U.S. and the several states. The course will then explore the development of federal Indian law over the past two centuries. Particular attention will be given to the doctrines of tribal sovereignty, self-government, and self-determination; treaty-based rights to land, water, wildlife, and other natural resources; the preservation of Indian languages, cultures, and religions; issues of economic development, including the right of Indian nations to operate gaming enterprises on their reservations; and jurisdictional conflicts between and among the U.S., Indian nations, and the states over authority to regulate the activities of Indians and non-Indians in Indian country. Special consideration will also be given to the evolution and modern status of Indian governments, their laws, and legal systems. The course will conclude with a survey of various international laws and the laws of other nations, including Canada and Australia, as they relate to indigenous peoples. No prerequisites. Examination. 3 units.

W74 635E LAW 01 TuTh 3:00p-4:30p Gunn

This interdisciplinary course, taught by faculty from the School of Law, the Kathryn M. Buder Center for American Indian Studies at the George Warren Brown School of Social Work, and the Departments of Anthropology, English, and Music in the College of Arts and Sciences, will survey several major themes in the history and modern evolution of American Indian societies, cultures, values, and laws. The course will be divided into several parts, the first of which will examine indigenous societies and cultures before the arrival of Europeans on this continent. Consideration will be given to native worldviews, languages, beliefs, music, and art. The second part of the course will explore the history of American Indians and Indian nations in the United States and their treatment by the U.S. This part will examine the fluctuating policies of the federal government and the evolution of Indian societies during various periods of resistance, survival, and renewal. The third part of the course will examine modern Indian governments, legal systems, and the status of Indian nations as sovereign political entities within the U.S. Subtopics will include the governmental powers of Indian nations over their reservations, treaty-based rights to land, water, wildlife and other natural resources, the cultural and intellectual property rights of Indians, and comparative and international perspectives. The final part of the course will consider the social, political, and economic status of American Indians in the twenty-first century. Particular attention will be given to models of effective leadership, economic development, and community organization in Indian country. Course materials will emphasize the works of American Indian scholars, leaders, and authors. Students will be evaluated based on their performance on a course project or paper and a final examination. No prerequisites. 3 units.

W74 593A LAW 01 MTuTh 12:00p-1:00p Dresser

This course considers how the legal and policy systems reconcile competing values and interests in controversies surrounding the practice of medicine. Case law, legislation, advisory policies, and institutional policies will be examined, as well as selected commentary from the legal, medical, and philosophical perspectives. Substantive topics to be addressed include definitions of death, competent patients' right to refuse treatment, decisions on life-sustaining treatment for incompetent patients (including children), active euthanasia and assisted suicide, hospital ethics consultants and committees, organ transplantation, and selected issues raised by genetics and assisted reproduction. There are no prerequisites for this course. Grade is based on class participation, one short paper and presentation, and performance on take-home examination. This course is not part of the ethics curriculum. [Because of the nature of the assignment, the presentation and paper will not be graded anonymously.] 3 units

W74 540B LAW 01 MTu 11:00a-12:30p Lehrer

Enrollment limit: 50. This course constitutes a highly practical approach to acquisitive business transactions. Emphasis will be placed on the role of the business attorney as a facilitator, who enhances the value of the transaction for the business client. The Course emphasizes the multiple skills and disciplines utilized by the attorney engaged in an acquisition transaction. In that regard, we will analyze the financial, business, tax and legal issues involved in the negotiation, structuring and documentation of a business acquisition. The Course begins with an analysis of the motivations of the buyer and seller, with a brief explanation of the principles used in determining and structuring the purchase price for a business. The Course continues with an analysis of the various transaction structures used in business acquisitions, together with an in depth analysis of the negotiating process, legal issues and the documentation of the acquisitive transaction. Finally, the Course analyzes the respective roles of the board of directors, shareholders and the courts with respect to the sale and purchase of a corporation whose stock is publicly traded. The Course is best suited for a student who has an interest in business transactions as a future vocation, whether as a lawyer, financier or investment banker. Students will be expected to be prepared for and participate in class, and there will be a final exam. Pre/co-requisites: Corporations. It would be helpful, but not necessary, to have taken or be taking Federal Income Taxation. Because there is usually a waiting list for this Course, students who wish to drop the Course must do so within the first two weeks of the beginning of the semester. 3 units.

W74 603C LAW 01 W 12:00p-1:30p and F 11:00a-12:30p Rosenbury

This course will examine the competing interests of children, parents and the state, and the law's attempts to mediate those interests. Topics to be covered include general approaches to childrearing and family privacy; parent-child conflict, including child abuse and neglect; juvenile misconduct and the juvenile justice system; and children's claims to autonomy with respect to speech, religion, medical care and sex. The course will not cover adoption, reproductive technologies, or custody and support issues arising from divorce, as those topics are covered in the course on family law. Grades will be based on a final examination. 3 units.

W74 565N   LAW 01  T  6:30p-8:30p  Jonathan Goldstein

Enrollment limit: 40.  This 2-unit course covers a broad array of elements comprising the legal and business underpinnings of the modern commercial real estate transaction. Individual topics will include sales contracts, mortgages, construction financing, refinances, issues of owner liability and defaults, as well as underlying business economics of the primary transaction and the secondary market.  An emphasis will be placed on understanding your client's business purposes behind the transaction's structure and the impact of the surrounding legal framework. Attendance and participation are expected. There will be a final exam.  Students who took Real Estate Transactions in Fall 2004 are NOT eligible to take this course.  Students may take both this course (or Real Estate Transactions) and Commercial Real Estate Practice & Drafting (see Applied Lawyering Skills section of Spring 2006 course directory).  2 units.

W74 535D LAW 01 MTuWTh 2:00p-3:00p Haley

An introduction to the principal legal systems of continental Europe, Latin America, and East Asia with particular emphasis on the histricial development of the Civil Law Tradtion. This four credit hour course covers the origins of the ius commune in Europe and the reception of Western law in non-Western societies, as well as the basic contrasts between civil and common-law jurisdictions and among civil law jurisdictions. Students have the opportunity to select a particular country of interest and examine its legal system in greater detail. 4 units.

W74 605B LAW 01 WF 9:30a-11:00a Schlanger

The United States has the highest incarceration rate in the world. In 1980, approximately 500,000 people were behind bars in this country. By 2000, this figure had topped two million, incarcerated in jails, state prisons, and federal prisons – nearly two-thirds of whom are non-white. This course will examine the constitutional law relevant to their incarceration. Topics will include the Eighth Amendment’s ban on cruel and unusual punishment, the prison disciplinary process, felon disenfranchisement, inmate access to the courts, and the law of race discrimination as applied to prisons. We’ll also look at Congress’s efforts to regulate both prison and litigation brought by inmates, examining constitutional challenges to the Prison Litigation Reform Act and to the application of the Americans with Disabilities Act within prisons and jails. Finally, we’ll examine constitutional remedies, studying the law of injunctive relief in constitutional cases brought by inmates. (We will not discuss criminal procedure, habeas corpus, or sentencing.). There will be an 8 hour week-day self-scheduled final exam. 3 units.

W74 541B  LAW 01 TuTh 4:30p-6:00p Kieff 

This course will be designed for students interested in practicing in the areas of business, finance, transactions, or litigation. Today, each of these practice areas requires a basic understanding of the interactions between contracts and intellectual property. Contracts have always provided an attractive method for structuring business transactions. Today, many business transactions have an increasingly large intellectual property component, raising numerous problems unique to these intangible assets. Today's business lawyer routinely wrestles with contracts concerning everything from initial ownership of intellectual property all the way through commercial sales of goods and services based on intellectual property. Standard business relationships, such as employment, licenses, assignments, joint-ventures, franchises, sales, shrink wrap clauses, security interests, escrows, and bankruptcy, are each becoming increasingly driven by their intellectual property components. Examples range from David Letterman's move to CBS and David Bowie's $50 million bond offering to internet transfers of software or music and simple refilling of patented or trademarked ink-jet printer cartridges. With an eye towards common law, legislative, and uniform law initiatives in this area, the course will focus on practical implications and skills while at the same time asking normative questions. As an upper-level course, a central goal of the class will be to improve the students' skills as effective communicators. Towards this end, as a member of a small group each student will make a powerpoint presentation to the course. Students will have the opportunity to receive significant feedback directly from the faculty on a draft. And, because even transactional lawyers - not just litigators – must have strong oral communications skills, students will also be given the opportunity to receive oral feedback on their work through these in-class oral presentations before the faculty and their colleagues. The course grade will be based largely on an essay final exam but will also be based on the totality of the student's performance during the course, with a heavy emphasis on class participation. A course-pack of reading materials will be made available to the students as the primary resource, but some modest outside research will be expected. 3 units.

W74 643A LAW 01 MTuTh 11:00a-12:00p McManis

This course will focus on federal copyright law and related bodies of state, foreign, and international law governing the protection of literary and artistic works, including technical works such as computer software, architectural works, and databases, as well as more traditional literary and artistic works. The course materials will include cases, statutes, international agreements, and hypothetical problems. Regular class attendance and preparation are expected. The grade will be based on a timed final exam, which will include both objective (i.e. multiple choice and true/false) questions and an essay question. 3 units.

W74 648A LAW 01 MTuW 2:00p-3:00p Geier

This course involves an intensive study of the statutory, regulatory and case material governing corporate taxation. Topics covered include the tax consequences of corporate organization and capitalization, distributions to shareholders, redemptions of stock, corporate liquidations and taxable dispositions of a corporate business (both stock and asset sales). The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods. Students who have not taken the basic tax course (Federal Income Tax) will be at a marked disadvantage to those students who have. Students with prior experience or background in tax may be an exception. Attendance and preparation are required and sanctions will be imposed on serious offenders. 3 units.

W74 538P LAW 01 W 3:00p-5:00p and F 2:00p-3:00p Gross

The course covers problems associated with any kind of joint enterprise, including: selection and development of business forms; the formation, financing and management of closely held corporations; disregard of the corporate entity; control and management of the public corporation; duties of officers and directors; struggles for control of the corporation; and transactions in shares of the corporation. 3 units.

W74 580A LAW 01 MTuTh 9:00a-10:00a Goldwasser

Study of the law governing the processing of a criminal case once formal charges are brought, with heavy emphasis on federal constitutional issues. Topics to be examined include bail, prosecutorial charging discretion, discovery, double jeopardy, guilty pleas, and the accused's trial-related (jury, confrontation, and compulsory process) rights. Criminal Justice Admin. I is not a prerequisite for this course. 3 units.

W74 649B LAW 01 W 12:00p-1:30p and F 11:00a-12:30p Flagg

This course is an introduction to three significant, emerging strands of non-mainstream legal analysis. The class will examine selected common law and constitutional doctrines and policies as analyzed, criticized, and/or reconstructed by legal scholars for whom issues of class, gender, and race are central. Covered topics will include, for example, a critical deconstruction of contract doctrines such as duress and unconscionability; a feminist analysis of the law of rape; and a black scholar's critique of anti-discrimination law. The emphasis will be on normative, rather than descriptive, analyses of existing law. The course will address nontraditional approaches to legal theory, primarily in the context of specific legal rules or policies. The assigned readings will be selected law review articles; assignments will be substantial. Attendance and participation are required. Grades will be based on three 5 page written assignments, each corresponding to one of the three segments of the course and due 1-2 weeks after completion of that segment. In addition, high quality class participation may enhance one's final grade. There will be no final examination. 3 units.

W74 722A LAW 01 F 2:00p-5:00p (in Wash, D.C.) Clark

[Meets in Wash. D.C.: Required for students enrolled in Congressional & Administrative Law Clinic.] This course is a part of the ethics curriculum. It is not considered a "survey" ethics course, so students may take this course and other ethics courses. This course is taught in Washington D.C. in conjunction with our Congressional and Administrative Law Clinic. It will cover the ethics of policy making, ethics regulations that are applicable to all government officials, the law governing lawyer conduct, and the professional and other rules specific to government lawyers and lobbyists. Students will be expected to participate in class discussions and complete several written assignments about the ethical issues they encounter in their clinical placements. 3 units.

W74 705B LAW 01 TuTh 4:30p-6:00p Borowski

In the first part of the course, we will take up the historical development that culminates in the present European Union. In the second part, we will examine the legal and institutional framework of the European Union, in particular, the process of law-making as well as the relationship between European Union Law and the law of the Union's member states. A glimpse into the structure of the European Union shows it to be a truly supranational, not merely intergovernmental, organization of states. Other topics in the course include the problems of the creation and functioning of the "common market", substantive areas of European Union legislation, and fundamental rights and liberties. 3 units.

W74 547M LAW 01 TuTh 3:00p-4:30p Barnes

Study of the principles and rules that regulate the process of proving facts at trial, including both the Federal Rules of Evidence (the primary focus of the course) and their common law counterparts. Topics covered include relevancy and its limits, various policy- and efficiency-based limitations on the receipt of evidence, the rule against hearsay and the more important hearsay exceptions, rules governing the impeachment of witnesses, and expert testimony. Class participation and consistent attendance are required. 3 units. 

W74 548 LAW 01 MTuTh 11:00a-12:00p Appleton

This course examines the laws governing family relationships, with primary emphasis on the formation, protection, and dissolution of adult relationships. Specific topics include the law of reproductive rights, marriage, marital property regimes, nontraditional families, divorce, and divorce's consequences (including financial consequences and child custody), as well as broad theoretical issues such as family privacy, constitutional protection of the family, alternative concepts of "family," and feminist legal perspectives. The assignments include multi-disciplinary materials as well as non-legal readings illustrating the ways in which Family Law affects real families and their members. Regular class attendance and participation are required. Grades will be based on a final exam. Taking Individual Rights and the Constitution (formerly Constitutional Law II) before or concurrently with Family Law is recommended, but not required. (Other aspects of Family Law are covered in Children & the Law (scheduled to be offered in Spring 2006) and the Seminar in Reproductive & Parental Rights (scheduled to be offered in Spring 2006.) 3 units. 

W74 549B LAW 01 MTuWTh 10:00a-11:00a Geier

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.  4 units. 

W74 621C LAW 01 W 3:00p-5:00p King

This 2 unit course focuses on financial accounting issues, including recognition, measurement, and presentation and how these issues arise and are resolved in financial reporting. We cover the four primary financial statements (balance sheet, income statement, statement of stockholders' equity, and statement of cash flows), the supporting footnotes to these statements, the management discussion & analysis, and the primary reports (annual reports, 10-ks, 10-Qs, 8-Ks, etc.). The course takes a user's perspective, and thus emphasizes the analysis and interpretation of financial statements. Linkages to legal issues are developed. The evaluation of students will be based on a final exam (60%). Class attendance and participation is expected. 2 units.

W74  602C   LAW 01  4 week short-course: 1/19 - 2/14,  TuTh 6:30p-8:15p   Agomo

This one credit "short course" will be taught for four weeks - from Thur, January 19 - Tues, February 14, 2005.  [Prof. Chioma Kanu Agomo comes to us as a Fulbright Scholar. She is a member of the Faculty of Law at the University of Lagos in Nigeria.]  Prof. Agomo will be focusing on Women’s Rights under Sharia in the Nigerian context. The case of Safiya Husseini will be discussed to illustrate the practical effect of Sharia on the human rights of women. The Nigerian constitution and international human rights instruments will be used as comparative tools. Reproductive rights, discrimination, and the right to the dignity of the human person are among the issues that will be analyzed. Materials will be available to students prior to the first class and will likely include text from the following publications: Protection of Human Rights of Women under Sharia Law: Safiya Tugartudu Huseini-A Case Study, published in Nigeria, 2002 by Frankard publishers; Comparative Perspectives on Shariah in Nigeria, edited by Philip Ostien, et. Al, Kogelman Spectrum Books; Sharia Implementation in Nigeria: Issues and Challenges on Women’s Rights and Access to Justice, edited by Ezseiilo, et. al, Women’s Aid Collective, 2003.  The final exam will likely be a 72 hour take-home distributed on Fri, Feb. 24 and due on Mon, Feb. 27.   1 unit.

W74 630LAW 01 MTuTh 11:00a-12:00p Legomsky

This course covers the legal, historical, social, philosophical, and policy foundations of immigration control; the modern debate over immigration; the substantive criteria and procedures that govern the admission of non-U.S. citizens to the United States for both permanent residence and temporary visits; deportation criteria and processes; the national security and civil liberties implications of immigration policy; refugees and political asylum; undocumented migrants; and the acquisition, loss, and significance of United States citizenship. The focus will be on the law of the United States, but both comparative law and international law perspectives will also be introduced. In addition to carefully reasoned legal analysis, these subjects will require consideration of the moral, political, and foreign affairs consequences of immigration control. Students will analyze a wide variety of fact problems requiring strategic decisionmaking and interpretation of complex statutory provisions. Students also will participate in several simulation exercises, including possibly an attorney-client asylum interview, legislative committee testimony, a congressional debate, and appellate argument. There are no prerequisites or co-requisites. Regular attendance and rigorous preparation will be required. Grades will be based on a timed final examination. 3 units.

W74 609G LAW 01 TuTh 4:30p-6:30p Flagg

This 4 unit course will examine judicial interpretations of the Fourteenth Amendment. Topics to be covered include equal protection, substantive due process (the right of privacy), and equal protection fundamental interest analysis. The course also emphasizes the acquisition of analytic skills. It will be taught entirely through the analysis of complex constitutional problems. Students will work on a series of four problems (for a period of approximately three weeks per problem), preparing a written brief, bench memo, or judicial opinion for each problem. Students will work in groups of three or four individuals, and each group will meet weekly with the instructor to discuss their progress on the assigned problem. The class will meet as a whole every third week, as work on a particular problem draws to a close. These class discussions will include groups' reports on their written work, and lectures on the issues, background cases, and underlying constitutional norms implicated by the assigned problems. The final grade will be based on three collaborative written assignments, one written assignment completed individually, participation, and self evaluation. There will be no final exam. Students who enroll in this class should be prepared to work at a steady pace throughout the semester. Students who have taken Con Law II are not eligible to take this course. 4 units.

W74 636A LAW 01 TuTh 12:00p-1:00p Richards

This 2 unit course serves as an introduction to the emerging and somewhat nebulous field of "information privacy law." The course will trace the origins of privacy from the famous 1890 Harvard Law Review article "The Right to Privacy" by Charles Warren and Louis Brandeis to the modern problems of privacy in the information age. Particular emphasis will be placed upon modern policy problems involving privacy, including the privacy protected by Fourth Amendment law, health privacy, privacy on the Internet, privacy in the home, and the conflict between privacy and the First Amendment in the contexts of newsgathering, defamation law, and disclosure of private facts. Although the focus of this course is more doctrinal than Privacy Law Seminar, readings will also include excerpts from a heavy dose of current and historical privacy law scholarship. Grades will be based upon a take-home final examination, which must be typed. Some adjustment to grades from class participation is possible. Students who have taken Privacy Law Seminar are not eligible to take this course. 2 units.

W74 552C LAW 01 TuTh 5:00p-6:30p Cannon

Enrollment limit: 24. Insurance and insurance law is pervasive in our society, its influence on our collective lives vastly understated by the trillions of dollars annually paid in premiums for private insurance. This course will examine the law interpreting and enforcing contracts of liability, health, property and life insurance. It will also consider the role of insurance and insurance law as: a vital stabilizing mechanism in the economy at large and in millions of corporate and household financing decisions, small and large; a source of financing and regulating tort liability, health care, retirement and other “systems” we rely upon to address the uncertainties and anxieties of our complex, interdependent lives; a subtle but powerful regulator of social behavior, influencing choices as diverse as the level of care we take to avoid injuring others, to the level of care we take and methods we use in protecting our own health or property. Nearly all transactional, litigation and policy-making attorneys find their practices informed and, on occasion, profoundly influenced by subtle considerations of insurance law, and this course will also examine those, more “practical” elements of the subject. Regular attendance and active participation are expected, and a portion of the grade will be based on thoughtful participation in classroom discussion and exercises. There will be a final examination, possibly in a take-home format.  3 units. 

W74 615 LAW 01 TuTh 3:00p-4:30p Mandelker

The course in Land use Law considers the land we live in, how we use and preserve it, and how we build our cities and towns. We begin by reviewing the land use planning process and what it means, and then consider the takings cases that set limits on land use regulation. Zoning is next, including the decision making process for zoning, and we then consider a series of special topics including land subdivision, growth management, urban design and historic preservation. The emphasis throughout is on how the system works and on how to provide effective regulatory programs. There is a web site for the course, which is accessed in class, and which provides supplementary visual, statutory and regulatory materials. Class participation and attendance are required subject to excuse. One unexcused absence is permitted. There is a eight-hour, take-home, open book examination. 3 units.

W74 548J LAW 01 W 9:00a-11:00a Aiken / Jonson-Reid

Enrollment limit: 24. [This course is part of the ethics curriculum.] This is considered the core course for the law and social work joint degree candidates; it is a crosslisted course. JD/MSW students will be given preference in selection for the class*. Lawyers and social workers together possess the finest combination of skills for creative problem solving. There are barriers to using these skills collaboratively, however. These barriers include “cultural” ignorance and misunderstandings between the disciplines and lack of explicit training in communication and collaboration skills that may enhance understanding of social problems that require social work and legal skills. This course will attempt to highlight the differences and similarities between the disciplines and offer the students simulated opportunities to work together. Such work should help the students gain insight into these paradigmatic challenges and develop strategies for making the best use of appropriate skills. The first five weeks of the course will focus on exploring the language, knowledge and skills inherent in legal and social work training. The classes will also examine the professed goals, and professional ethics of the law and of social work. We will discuss the ways in which each discipline approaches, relationships with their clients and how each profession is regulated. The final part of the course will provide the students with simulated exercises dealing with common problems encountered by both social workers and lawyers. The students will be assigned to act as a lawyer or a social worker in each of the problems. In preparation for each class, we will give them legal or social work material relevant to the problem (depending on their role.) We will look at ways in which the two paradigms of law and social work overlapped and ways in which they diverged, with particular attention to the areas covered in the first part of the class. Our goal is to maximize problem solving approaches for both law and social work students. Students will participate in a service learning project in the St. Louis area. These projects will offer opportunities to explore the intersection of law and social work at a practical level and to prepare a collaborative project of use to their community. Students will be graded on the simulations and a final project based on their service learning experience. *Interested JD/MSW students who wish to have priority must email Colleen Erker at prior to when online registration begins in November 2005. 3 units. Same as S65-5035, Social Work.


[Course cancelled]

W74 623E LAW 01 TuWTh 1:00p-2:00p Kieff

This course is designed to make Patent Law accessible to students of all backgrounds, from Liberal arts to hard sciences. The course will first unpack the major normative theories of intellectual property, generally, and of Patents in particular. Then it will address the core legal rules of Patent Law - beginning with the broad and accessible notions of patent law's disclosure requirements; continuing with the requirements of novelty, non-obviousness, and utility; and ending with the more technical issues relating to statutory subject matter. The course will next examine the scope of the patent grant including infringement and remedies. Finally, the course will explore appellate practice before the United States Court of Appeals for the Federal Circuit and the complex choice of law and preemption problems that are presented by this unified Forum for patent appeals. At this Juncture the course will analyze the dynamic interaction among the law of patents, trade secrets, unfair competition, antitrust, and other substantive and procedural issues of state and federal law. Throughout the course there will be a heavy emphasis on normative analysis and it's application to current and potential alternative positive law regimes. Class participation will be considered in determining the final grade. There will be a final examination. 3 units.

W74 581E LAW 01 MTuTh 10:00a-11:00a Wiedenbeck

This course involves an intensive study of the federal tax treatment of partnerships and limited liability companies. The income of these enterprises is taxed directly to the business owners as it is earned, whether or not it is distributed. Topics covered will include the tax consequences of business organization, profit and loss allocations among owners, transactions between owners and the firm, sales of ownership interests, distributions to owners, and partial and complete liquidations of ownership interests. The pass-through tax regime will be compared with the tax treatment of sole proprietorships, regular and small business corporations (i.e., C and S corporations), and important issues in business tax policy will be explored. Students will work extensively with Subchapter K of the Internal Revenue Code and the regulations thereunder. The course will be taught from materials prepared by the instructor and a statutory pamphlet, by a combination of case and problem methods. Federal Income Taxation is not a prerequisite for this course, but it is highly desirable to take Federal Income Tax before taking this course. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a final examination, which may be a take-home exam. Additional course information will be posted on the Web at . 3 units.

W74 605A LAW 01 Tu 4:30p-6:00p and W 8:30a-9:30a Tokarz

Enrollment limit: 16 (approx. 8 second-years/approx. 8 third-years). In 2005-06, the School of Law and the Clinical Education Program will host the eighth annual Public Interest Law Speaker Series. This 2 unit readings course will run parallel with the spring portion of the series, and provide a way for students to study the work of the visiting speakers and then to discuss the issues with the authors. Students in the course will read selected works of the visiting speakers and then meet with the speakers to discuss their scholarship and practice. The class will be divided up so that each student focuses on the work of at least three speakers. Students also may read works and meet with presenters in spring conferences at the law school. The goal is for students to read a range of material that will provide an overview of both public interest law and public interest lawyering. It is essential that students do the reading in preparation for the meetings with the visitors. The course will meet approximately once a week - usually (but not always) at one of the two times indicated below; inevitably several of the class times will need to be adjusted to fit the schedules of the Public Interest Law Speaker Series speakers (and conference speakers). Thus, students must have some flexibility in their schedules so they can meet with the visitors. In an attempt to keep the meetings with the visiting scholars as informal as possible, the class has been limited to an enrollment of 16, with 8 slots available to second year students. The grade for the course will be based upon a 10-15 page paper that each student will write applying ideas from one or more of the visitors' scholarship and practice to a new topic of the student's choosing that relates to public interest law ans public interest lawyering. The final grade also will be adjusted for the quality of participation in the discussion sessions with the visitors. 2 units.

W74 608A LAW 01 WF 9:30a-11:00a Bracey

This course explores the intersection of race relations and legal institutions in the United States. It focuses both on the transhistorical continuity of certain understandings of race, and on the evolution of others. In the first half of the course, we consider the theoretical and doctrinal principles that underlie historical issues such as Indian Nation sovereignty, slavery and Reconstruction, and the civil rights era. In addition, we will consider early "legal" definitions of race in American law, and explore the role of race in citizenship, naturalization, and immigration law and policy. For the remainder of the course, we explore competing conceptual models of the American racial legal order, and examine current jurisprudence on racial issues that arise within the context of employment, education, housing, intimate association, the distribution of electoral power, and/or the administration of criminal justice. 3 units.

W74 561B  LAW 01  TuTh 1:00p-2:00p  and M  6:30-9:00 (movie screenings)  Dorothy

Enrollment limit:  36.  [This  course is part of the ethics curriculum and is considered a "survey" ethics course.]  The goals of this course are to provide: (1) a working knowledge of the structure, content and interpretation of the ABA Model Rules of Professional Responsibility; and (2) an understanding of how to research an ethics question given the idiosyncratic professional standards governing each jurisdiction. The course requires students to view motion pictures each featuring actors portraying lawyers in various circumstances. The fictional lawyer’s behavior then serves as a starting point for examining various ABA Model Rules of Professional Conduct. Class discussion initially would focus on the acts within the film and lead to a problem based examination of the relevant ABA rules extending to other related ethics topics. Grades will be assigned on the basis of a three (3) hour timed examination and a eight (8) page memorandum in which students will be required to select both a jurisdiction and ethical issue upon which to opine.  3 units.

W74 724E  LAW 01  Th 1:00p-3:00p  Koby

This two credit hour course will examine the law, history, and theory of the two religion clauses of the First Amendment: the Establishment Clause and the Free Exercise Clause.  Readings will include legal opinions, scholarly articles, and primary historical sources.  The grades will be based on a final exam.   2 units.

W74 609K  LAW 01  TuTh 3:00p-4:30p  Richards

This course is intended to provide an overview of the jurisprudence of the free speech and press clauses of the First Amendment to the United States Constitution. The focus will be (1) on the development of First Amendment law over time from its origins through to modern issues of free speech in cyberspace, as well as (2) on the philosophical and normative justifications for both the general principle of freedom of expression and recognized or proposed exceptions to that principle. In examining these issues, we will cover a number of topics in the jurisprudence, including subversive advocacy, hate speech and "fighting words," sexually explicit expression, commercial speech, compelled speech, campaign finance regulation, and the tension between tort law (including libel law and privacy rights) and the First Amendment. Attendance and participation are essential. There will be a final examination. Students who have taken Con Law III are not eligible to take this course. 3 units.


[Course cancelled.]

W74 574D LAW 01 MTuTh 9:00a-10:00a Haley

An introduction to the procedural issues that arise in the legal resolution of disputes in international transactions. The law of various countries will be covered (especially Germany and France); however, disputes involving United States and Japanese law are the major focus. The course covers international jurisdiction, service of process abroad, taking evidence abroad, applicable laws and treaties, comparison of trial procedures, enforcement of foreign judgments and use of arbitration. The course will also introduce students to principal international conventions including the Brussels Convention (for intra EU litigation), the Hague conventions, and enforcement of judgments, and an ALI-proposed Code of International Civil Procedure. (Note for LL.M. students: this course fulfills the requirement for participating in the judicial observation program.) 3 units.

W74 575H LAW 01 MTuTh 11:00a-12:00p Foster

Enrollment limit: 70. This course will examine the basic legal doctrines and rules applicable to transfer of decedents' wealth by intestate succession, will, and trust. It will focus on the following topics: State Control of Inheritance; Intestate Succession; Will Execution, Attestation, Revocation, and Construction; Restrictions on Testation: Family Protection; Trusts: Varieties (emphasizing private express and charitable trusts), Creation, Modification, and Termination; 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. Regular attendance and preparation will be required. Grades will be based on a three-hour open book final examination. 3 units.

W74 521B LAW 01  MTuTh 10:00a-11:00a  Greenfield  
(Note change in professor, time, and description.)

The primary objectives of this course are (a) mastery of the law governing the sale or lease of goods and (b) development of the skills of statutory analysis. The course builds on the doctrines of the first-year Contracts course and explores the legislative alteration of the common law rules studied there, as well as matters beyond the scope of that course. Article 2 is part of a code that creates a construct for the regulation of commercial activity. A major focus of the course is learning how to operate in that construct. The emphasis will be on domestic law, but there will be some coverage of international sales transactions governed by the U.N. Convention on Contracts for the International Sale of Goods. Regular attendance and preparation are both required. Anyone who is absent or unprepared more than 9 times is subject to exclusion from the course. Grades will be based on a timed exam.  3 units.


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updated 04/10/2007
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