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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 SEMINARS

Є COMPARATIVE LEGAL ETHICS SEMINAR (PAJ)
W76 742S LAW 01 M 3:00p-5:00p Joy

Enrollment limit: 16. This course is part of the Ethics Curriculum. Students in this course will write a research paper of publishable quality in the field of legal ethics. An emphasis will be placed on paper topics which compare U.S. legal ethics approaches with the approaches in other countries. Students will be expected to research legal ethics regimes in at least one other country in addition to the United States. Mechanics and Writing Requirement: The class may meet as a group on a weekly basis for a substantial part of the semester to discuss course readings. Students will be expected to read assigned materials, and participate actively in class discussion. Students may also be required to make presentations based either on their paper topics or comparative material necessary for the successful analysis of issues discussed in their papers. Each student will meet individually with the instructor to discuss the topic selection for his or her paper, and each student will need to turn in a research proposal, an outline, a preliminary draft, and the final, revised, version of the paper (30-40 pages in length). The instructor will meet with students individually to discuss progress on the papers, and students will receive written and oral feedback on the preliminary draft. Although there are no prerequisites, students taking this course should already understand U.S. legal ethics issues, preferably through taking Legal Profession or some other legal ethics course. If a majority of students enrolling in this Seminar have not had a U.S. legal ethics course, the first six or seven weeks of the semester will focus on an overview of U.S. legal ethics issues and may include a short mid-term exam, which will count for 25% of the final grade in the course. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

CONSTITUTIONAL INTERPRETATION & JURISPRUDENCE SEMINAR (SLP)
W76 686S LAW 01 Days/times TBA* Paulson

Enrollment limit: 16. (This seminar will have 3 group meetings during the first three weeks of the semester, at times that are mutually agreeable with the enrolled students and Prof. Paulson. Thereafter, the seminar reverts to one-on-one meetings scheduled with individually with Prof. Paulson.) In the seminar on constitutional interpretation, students have an opportunity to examine and evaluate competing views on the nature and sources of constitutional law, this with an eye to writing a research paper. Typically, though not necessarily, the student's examination of a particular approach to the Constitution ("constitutional interpretation") will take place in the context of a particular case or case-law development. One modern example illustrating the central importance of a theory of constitutional interpretation stems from the area of privacy. Abortion, also certain forms of sexual behavior - both proscribed in the legislation of many of the States - enjoy protection under a constitutional doctrine of privacy. What is privacy? and what sort of argument can be adduced for or against its constitutional standing? Does a doctrine of individual autonomy lie behind the doctrine of privacy? In orientation sessions at the beginning of the semester, I'll sketch various approaches to constitutional interpretation (originalism or intentionalism, Dworkinian politico-moral principles, Ely's "representation reinforcement" as a middle way, etc.), based on readings from representatives of each view. Then the offering reverts to the format of "supervised independent research" (i.e. several one-on-one meetings with me in the course of the semester rather than class meetings). Those students who are interested in jurisprudence or legal philosophy rather than constitutional interpretation are invited, in consultation with me, to write a paper in that field. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units. * Three group meetings in the 1st 3 wks of the semester at times that are mutually agreeable with Prof. Paulson & the enrolled students. Thereafter, Prof. Paulson will meet with students individually at mutually agreeable times.  3 units.

CORPORATE FRAUD SEMINAR (KFB)
W76 727S LAW 01 M 3:00p-5:00p Brickey

Enrollment limit: 16. Financial accounting scandals of unparalleled dimensions have dominated the news since October, 2001, when Enron announced a $618 million loss for the third quarter and reduced shareholder equity by $1.2 billion. The events that followed resulted in Enron's filing of the largest bankruptcy in our nation's history; the obstruction of justice convictions of Enron's auditor, Arthur Andersen, and Andersen's lead Enron engagement partner; and a proliferation of civil and criminal investigations into possible accounting fraud by other Andersen clients - including WorldCom. Between March of 2002 and February of 2003, more than three dozen corporate owners, executives, and employees were indicted for fraud and related offenses arising out of the current scandals. The spheres of official inquiry continue to expand to include the role that lawyers, accountants, stock analysts, and investment banks may have played in the scandals; issues relating to lavish executive compensation arrangements, particularly the use of stock options as incentives; the role of the board of directors; and the creation of abusive tax shelters. Students enrolled in this seminar will write a paper of publishable quality on a criminal law topic relevant to the scandals. Students must meet firm deadlines for submitting a topic statement, a first draft, and – after receiving significant feedback from the instructor – a final, revised version of the paper. They will also present their research to the class. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

ENVIRONMENTAL & LAND USE LITIGATION SEMINAR (DRM)
W76 630S LAW 01 M 3:00p-4:30p Mandelker

Enrollment limit:16. Litigation issues and strategies play a critical role in shaping land use and environmental law. The seminar will be based on a hypothetical environmental or land use case. During the first part of the seminar each student will prepare either an amicus or party brief in support of one of the parties in the case. In the second part of the seminar these roles will be reversed. A student who prepared a party brief will prepare an amicus brief for the other side. A student who prepared an amicus brief will prepare a party brief for the other side. Each brief will also be revised once. Oral arguments before a panel of judges will be scheduled for students who want to argue the case. All briefs will be eight pages in length. The class will meet periodically during the semester to discuss the writing assignments. The emphasis in the seminar is on writing and presentation. Research sources will be made accessible. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) The cases I have prepared for the seminar in previous semesters have been either environmental or land use cases are a mixture of both. I would like students who enroll in the seminar to write me and tell me what kind of case they would prefer. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

IP GENETICS ETHICS, LAW & POLICY SEMINAR (RSD)
W76 729S LAW 01 M 3:00p-5:00p Dresser

Enrollment limit: 16. In this seminar, students will learn about selected issues in genetics law and policy. Besides informing students about an increasingly important area in law and science, the course will help students develop their skills in critical and interdisciplinary analysis. During the first part of the seminar, class members will read general materials that will supply a basis for their individual work on specific topics. The readings will address a variety of topics relevant to genetics law and policy, including genetic discrimination, prenatal and presymptomatic genetic testing, coverage of health care for genetic conditions, genetics research, and issues related to state-sponsored and private eugenics. Students will write a 25-30 page paper on a topic chosen from a list of topics addressed in the seminar readings. You will submit a paper outline and write a first and final draft of your paper. You will also lead a class discussion of your paper topic. I will meet with you individually to discuss your research, writing, and class presentation. The seminar will meet regularly except for a few weeks set aside for writing time and individual meetings with me. You will be expected to attend class and to participate in the discussions. There are no prerequisites for this seminar. The seminar is not part of the Ethics Curriculum. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

IP INTERNATIONAL INVESTMENT LAW SEMINAR (APM)
W76 612S LAW 01 - Meets as a group the first day of the semester, Mon, Aug. 22, 3:00-5:00 -  Mutharika

(This seminar does not meet as a group on a regular basis.) Enrollment limit: 16. 
Introduction to current legal relationships between foreign investors and entities (both governmental and non-governmental) in the investee estate and examination of the legal factors that influence an investment decision and how investment agreements are structured. Among the topics to be considered are U.S. and foreign investment laws and regulations, investment restrictions and incentives, currency controls, licensing, joint business ventures, expropriation and compensation, settlement of investment disputes, transnational corporations, and codes of conduct. Students will be required to write a paper of publishable quality. There will be one group meeting at the beginning of the semester. After that, I will hold individual conferences at various intervals to discuss topic selection, abstract and outline, and partial draft. (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.)  * The class will meet as a group once - on Mon, Aug. 22, 3:00-5:00.  Students will then meet individually with Prof. Mutharika at mutually agreeable times throughout the semester.  3 units.

LITIGATION SEMINAR: POLICY, RULES, STRATEGIES, & RELATED ISSUES (KJN)
W76 730S LAW 01 M 3:00p-5:00p Norwood

Enrollment limit: 16. (This seminar will meet on a regular basis although there will be some weeks when class will be suspended while students work on the research and writing of their papers.) This seminar is designed to help students learn the ways in which "justice" is affected in the courtroom; specifically, we will look at various factors that are unrelated to either the substantive law to be applied in the case being tried or the underlying facts of the case being tried and learn if, why, and how those factors impact (or skew?) the outcome of the litigation. As some of the work in this seminar will involve stereotypes, biases, and unconscious perceptions and judgments, students may need to tap into other disciplinary fields of study, i.e., sociology, psychology, among others, to complete his or her research. A resource list will be sent to all course registrants and wait-list students during the summer. Topics must be selected during the first two weeks of the semester. Students will be expected to turn in an outline, a preliminary draft, and a final draft of the seminar paper of approximately 30 pages in length. The preliminary draft will be worth 50% and will be due by the fall break. Students will be expected to meet with the Professor on an individual basis, at various times, to discuss things like topic selection, progress on the outline, and critique of the rough draft. Students also will be required to make a presentation to the class concerning the subject matter of their paper. Attendance is required. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

IP PRIVACY LAW SEMINAR (NMR)
W76 728S LAW 01 M 3:00p-5:00p Richards

Enrollment limit: 16. This readings seminar will focus on the American law relating to the hard-to-define concepts of personal and informational privacy. Particular attention will be paid to the following topics: (1) the problems associated with coming up with a useful definition of the term "privacy"; (2) philosophical and historical development of and justifications for a right to privacy; (3) the emerging law of information privacy - usually defined as the right of individuals to control the use of information about themselves - in the context of new technologies; (4) the tensions between privacy rights and the First Amendment; (5) the similarities and differences between the privacy rights of individuals against other individuals (commonly termed "tort privacy") and the privacy rights of individuals against the government (particularly in the law enforcement context). Because privacy law is a sprawling and often incoherent area of law, critical discussions of the nature, purposes, and utility of privacy law are essential. Thus, although the seminar is intended to satisfy the upper-level writing requirement, it will be structured along the lines of a graduate readings colloquium - the class will meet every week and the writing assignments will require students to engage in critical analysis of the readings rather than supervised research. Grades will be based upon a combination of class participation, oral presentations critiquing assigned reading materials, and two writing assignments in reaction to the readings that will total 20 - 30 pages over the course of the semester. Students will have the ability to revise writing assignments after receiving feedback. Students who have taken Information Privacy Law are not eligible to take this course, and students who take this seminar are not eligible to take Information Privacy Law, which is being offered in Spring 2006. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

RACIAL PROFILING SEMINAR: POLICIES, PRACTICES & THE LAW (KYB)
W76 743S LAW 01  M 3:00p-5:00p Barnes

Enrollment limit: 16. This course provides an in-depth look at a current "hot topic" in law enforcement: racial profiling. As the title suggests, the course will integrate three facets of the racial profiling debate. First, what is the legal landscape surrounding racial profiling? Second, to what extend is racial profiling actually practiced "in the trenches" and how can scholars and policymakers go about making this determination? And finally, what are the policy implications of (1) and (2)? Reading will include both caselaw and scholarship on racial profiling, including some empirical studies. The class will meet as a group on a weekly basis for most of the semester to discuss course readings, seminar paper topics, and issues in the papers as they arise. Students will be expected to read assigned materials and participate actively in class discussion. In addition, students will be required to complete a scholarly research paper, and will need to select its topic during the first two weeks of the semester. They must submit a topic statement, a research plan, an annotated bibliography, a first draft, and a final, revised version of the paper. Students will also be expected to provide feedback on their classmates' seminar projects. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

IP  RIGHT OF PUBLICITY SEMINAR (JR)
W76 746S LAW 01   W 1:00p-3:00p  Rothman

Enrollment limit: 16.  Can the actors who played Norm and Cliff on Cheers stop the creators of that show from licensing those characters to a chain of airport bars? Can Vanna White, from the Wheel of Fortune, prevent a commercial from showing a robot with a blonde wig turning letters on a game board? In this seminar, we will address these questions and more. Students will get an in-depth grounding in right of publicity law, tracing the evolution of the right from its privacy law origins to its current status as a quasi-property right. The seminar will explore open questions in the area of publicity law, such as whether the right survives death, applies only to celebrities, and if and when it conflicts with federal intellectual property laws and the First Amendment . The first half of the seminar will be run as a readings seminar with regular class meetings focused on giving students a solid grounding in publicity law. Students will then be given a packet of material based on a real publicity case and asked to draft appellate briefs for the case (25 pages in length) (no prior background in brief writing is expected). These briefs will be graded anonymously and will constitute 60% of the seminar grade. Students will then meet individually with me to discuss the briefs and be asked to revise their papers. The revised draft and class participation will make up the remainder of a student's grade for the seminar.   (Final seminar grades will not be anonymous because the professor works with students on revising their writing project).  3 units.

THE STATE & RELIGION: COMPARATIVE CONSTITUTIONAL LAW SEMINAR (MB/LG) W76 744S 01   M 3:00p-5:00p Borowski / Greenhaw

 Enrollment limit: 16.  (Note: this is a revised description, published on 8/21/05.)  This seminar will examine selected topics concerning the state and religion in the constitutional law of the United States and Germany. The goal is both to understand and to compare the doctrines, methods and contexts. Topics will include models for comparative study of state and religion; limits on regulation of religious speech and activity, funding of religious activities, and governmental treatment of religion in actions affecting culture, such as public schools. Because students come with varying backgrounds in U.S. constitutional law and little, if any, background in the basic law of Germany and comparative constitutional law, the seminar is not organized as a research seminar. Instead, it is more like a graduate reading seminar. The faculty will initiate instruction/discussion of assigned readings, and student oral participation and written reactions will be emphasized. The seminar is intended to satisfy the upper-level writing requirement but will not require a research paper. The class will meet weekly and assignments will emphasize critical reading of, and reaction to, the assigned readings rather than research. Grades will be based on combination of class participation, oral presentations on the assigned materials, and two written reactions to the assigned reading, 20-30 pages overall. Students will be receive feedback on their writing and be able to incorporate it in the subsequent assignment.  (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.)  3 units.

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updated 08/21/2005
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