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


W76 714S LAW 01  M  3:00p-5:00p  La Pierre

Enrollment limit: 16.  Students will write an appellate brief in a case pending in the United States Court of Appeals for the Eighth Circuit (or, perhaps, in the United States Supreme Court). There will be several class meetings at the beginning of the semester, and several class meetings at the end of the semester to review and discuss the briefs that the students have written. Students will meet frequently with the instructor to evaluate drafts of their briefs. Students will also be required to review and evaluate briefs written by other members of the class. To the extent permitted by the Eighth Circuit's argument calendar, students will review and analyze briefs filed by the parties and attend argument in cases (or review transcripts of arguments). All briefs must comply with the rules of the Eighth Circuit (or the rules of the Supreme Court).  3 units.

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.

W76 741S LAW 01 M 3:00p-5:00p Bagenstos

Enrollment limit: 16. In this seminar, we will engage in an in-depth examination--from a legal, normative, and policy-design perspective--of our nation's emerging legal response to disability. After introducing two basic models of disability policy--one, associated with rehabilitation and welfare programs, that focuses on providing benefits to individuals diagnosed with disabilities; the other, associated with the Americans with Disabilities Act, that treats disability issues as questions of civil rights--we will proceed to examine a number of important areas in which disability rights law has been controversial. Topics may include: the definition of 'disability' for purposes of disability rights and disability benefits law; the normative underpinnings of the ADA's mandate of 'reasonable accommodation'; possible explanations for the apparent ineffectiveness of the ADA in improving the employment rate of people with disabilities and potential alternative disability employment policies; the application of anti-discrimination and accommodation norms to various primary/secondary and higher education settings; the institutionalization and de-institutionalization of people with mental disabilities; and the application of disability discrimination law to medical treatment decisions. Grades will be based on classroom participation and (primarily) a paper (of roughly 25 to 30 pages in length). Classroom sessions during the first half of the semester will be devoted to discussing readings assigned by the instructor and drawn from cases, statutes, legal commentary, and a variety of non-legal sources. During the second half of the semester, students will work directly with the instructor in preparing their seminar paper. Each student will be required to prepare a first draft of the pape, and then submit a final draft that responds to the feedback the student has received from the instructor. (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.) 3 units.

W76 S LAW 01 M 3:00p-5:00p Brown-Nagin

Enrollment limit: 16. This seminar considers law and policy pertaining to public education, mainly state and federal constitutional and statutory law concerning elementary and secondary education. The goal of the seminar is to examine how educational systems function as tools of socialization and social ordering, and how individuals and communities interact (and sometimes collide) with these systems. In addition to case and statutory law, course materials include readings in educational theory, history, and sociology. Moreover, the seminar addresses tensions between the values and goals of lawyers, judges, legislators and educational theorists, with a particular emphasis on questions of pedagogy, student achievement, and equality. Topics include school segregation, school finance, school choice, same-sex schooling, standardized testing, ability grouping, special education, and affirmative action in higher education. Course Requirement: A substantial research paper. (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.) 3 units.

W76 745S LAW 01 M 3:00p-5:00p Schlanger

Enrollment limit: 16. Students in this course will conduct an empirical investigation into some (small) aspect of the currently hot question in judicial administration, Where have all the trials gone? The question is provoked by a sharp trend; the absolute number of trials has declined by 60% over the past 20 years, even as court filings have risen. The entire federal court system conducted fewer than 4600 civil trials in 2002; only 1.8% of filings were resolved by trial. Hypotheses abound to explain the decline; each student will pick a hypothesis and try to make at least some headway in testing it, using quantitative or qualitative data (chiefly systematic case filings and terminations data, individual case dockets, and interviews). Students will have ready access to a comprehensive civil case dataset maintained by the Administrative Office of the U.S. Courts, as well as to docket sheets that enable closer review. Some or all students will also be able to work with at least one federal district court, to investigate trends and their causes in that limited setting. As this description makes clear, the seminar will revolve entirely around student papers. We will meet several times in the beginning of the semester and then as needed, first to discuss the extant evidence of disappearing trials and the available explanations, and then, once students pick paper topics, to deal with both substantive and methodological questions. In addition, several individual meetings with the instructor are required and a teaching assistant will be available to help students substantially with quantitative methods and computing. Topics for papers will be chosen by the students, but with a good deal of guidance and input of the instructor. In total, students must submit a topic statement, a research plan, a first draft, and a final, revised version of the paper. The instructor will provide feedback at each of these stages. (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.) 3 units.

W76 726S LAW 01 M 3:00p-5:00p Legomsky

Enrollment limit: 16. In this writing seminar, each student will explore in depth, in a scholarly paper comparable in scope and quality to a law review note, a legal problem related to the course title. The general subject matter encompasses all of immigration law (see course description for that subject) plus all other areas of the law that implicate the rights and obligations of noncitizens, as well as issues concerning the citizenship laws of the United States or other nations. Examples of paper topics include noncitizens' eligibility for welfare benefits, entry into selected professions, government employment, voting and other political activity, land ownership, access to the courts, to public schools, and to other public services, and noncitizens' susceptibility to tax liability, conscription, detention, etc. The instructor will provide a list of specific suggestions for papers, but students will be free to write on other suitable topics within the subject matter of the course after receiving approval from the instructor. Each paper will progress from topic selection to a detailed written outline, to at least two drafts. We shall meet formally as a group at the start of the semester and later on as the need arises. Individual conferences also will be mandatory. Apart from the required meetings, students will consult with the instructor throughout the semester. There are no formal prerequisites or corequisites, but students who have not taken immigration law might need to do some extra work at the beginning to familiarize themselves with basic concepts. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

W76 705S LAW 01 M 3:00p-5:00p McManis

Enrollment limit: 16. This seminar will basically explore the international impact of the TRIPS (i.e. Trade-related Aspects of Intellectual Property Rights) Agreement, which was adopted in 1994 as a part of the Uruguay Round of GATT negotiations (the same round of multilateral trade negotiations that produced the World Trade Organization, which oversees implementation of the TRIPS Agreement).  As a part of that overall study, the seminar will also examine the two “Great Conventions” of the 19th Century (i.e. the Paris Convention for the Protection of Industrial Property, and the Berne Convention for the Protection of Literary and Artistic Works), and various subsidiary and complementary multilateral agreements, such as the International Convention for the Protection of New Varieties of Plants (UPOV), the WIPO Copyright Treaty, and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture.  The seminar will also examine various regional harmonization agreements, such as NAFTA and various EU Directives.  Course materials for the seminar will consist of a packet of photocopied materials, and the seminar will be taught by means of a series of weekly written assignments that will focus on such topics as digital technology, biotechnology and traditional knowledge protection, plant variety and database protection, open-source software, and “common-pool” management of genetic resources for food and agriculture.  The weekly written assignments will constitute the entire work requirement for the course. Regular class attendance and preparation are, of course, required.  While there are no course pre-requisites, as such, for this seminar, some previous introductory IP coursework is strongly recommended for those enrolling in this seminar. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.)  3 units.

W76 612S LAW 01   Mutharika

This course has been moved to Fall 2005

W76 736S LAW 01 M 3:00p-4:30p   Staudt / Epstein / Martin

Enrollment limit: 24 (approx. 12 law students and 12 graduate social sciences students). This seminar will focus on the interplay between law and politics; we will organize the seminar as workshop and will focus on contemporary problems and issues. For purposes of discussion, we will divide the semester into 7 two-week blocks. In the first week of each block, we will discuss a paper authored by a nationally well-known scholar and in second week we will invite the scholar to campus to present his/her work to the class for further discussion. As far as substance, we will focus on quantitative and not qualitative studies in the context of law and politics. Students will write 7 short papers addressing the issues we discuss in class; to assure its interdisciplinary nature, the seminar will be open to both law students and graduate students in the social sciences. (Seminars are not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

W78 627S LAW 01 M 3:00p-5:00p Clark

Enrollment limit: 16. 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. There are no prerequisites for this course. In this writing seminar, each student will write a research paper on a topic related to legal ethics. The class will meet occasionally as a group to discuss paper topics, research methods, and the leading research sources for legal ethics. During the semester, each student is required to hand in three possible topics that he or she would like to pursue; a one-sentence statement of the paper’s thesis; a 1-2 page sentence outline of the proposed paper; and a more detailed 5-10 page sentence outline of the paper. (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.) 3 units.

W76 747S LAW 01  W 9:00a-11:00a  Rothman

Enrollment limit:  16.  Can the producers of Trading Spouses prevail in a suit against the producers of Wife Swap? Can you use John Lennon's music in a play about his life without the permission of his heirs? Does a documentary filmmaker have to get permission from Disney if one of his subjects is watching a Mickey Mouse cartoon in the background of one of his scenes? This seminar will examine these issues and many others that confront artists, filmmakers, photographers, authors, television networks and film studios when making works based on real people or events, as well as issues that arise in works that record real events as they unfold, including documentaries and "reality" television. We will discuss such issues as defamation, false light, misrepresentation, trademarks, idea submission, right of publicity, assumption of risk and copyright protection. The course will include screenings and discussion of several documentaries, films and television programs. Students will write a 25-30 page paper of publishable quality on a topic relevant to the issues raised in the seminar. Students must meet firm deadlines for submitting a topic statement, a first draft, and - after receiving significant feedback from the instructor - a final version of the paper. Students will also be asked to present their research to the class. Students are strongly encouraged to have taken or be enrolled in either Trademarks and Unfair Competition or Copyright & Related Rights.  (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester).  3 units.

W76 646S LAW 01 M 3:00p-5:00p Keating / Going Palans / Schermer

Enrollment limit: 16.  This course will be taught jointly by Professor Keating, United States Bankruptcy Judge Barry Schermer and Lloyd Palans of Bryan Cave.  David Going of Armstrong Teasdale serves as the designated substitute teacher for the course.  The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. Using a single hypothetical reorganization as a backdrop, the instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for two hours each session. The pedagogical objectives of the class include improving the students' persuasive writing, their knowledge of Chapter 11 bankruptcy law, and their ability to think on their feet. Students' grades will be determined by their performance on two 8-page written assignments (both of which will require a re-write by the students after receiving written feedback from the instructors) and by their participation in class discussion. Attendance and preparation are both required. Students who have not taken the basic Bankruptcy course may enroll, but they will be at a marked disadvantage to those students who have. 3 units.

W76 652S LAW 01 M 3:00p-5:00p Appleton

Enrollment limit: 16. This seminar will explore several intersecting strands of Family Law and Constitutional Law related to human reproductive decisions and their consequences, including contraception, abortion, termination of parental rights, adoption, and assisted reproductive technologies (ARTs, for short). Taking Family Law and/or Individual Rights and the Constitution (formerly Constitutional Law II) before or concurrently with this seminar is recommended, but not required. In addition to studying legal materials, students will gain exposure to relevant literature from other disciplines - situating the law in a historical, social, and critical context. The class will meet regularly, and students must submit both a first draft and a revised seminar paper. Students will also lead a class discussion on the topic of their papers. (Seminars are not graded anonymously because the professor works with students on their writing project throughout the semester.) 3 units.

W76 680S LAW 01 M 3:00p-5:00p Foster

Enrollment limit: 16. (This seminar does not meet as a group on a regular basis.) This seminar allows students to pursue intensive research and writing on the changing definitions and functions of law in socialist and post-socialist countries. Students will meet individually with the instructor to discuss topic selection and the progress of their research. They also will be required to submit a topic statement, preliminary draft, and final revised version of their seminar paper. We will meet formally as a group at the start of the semester and later on as the need arises. There are no prerequisites for this course. (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 12/06/2005
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