|
|
IP
ADMINISTRATIVE LAW (DRW) |
| W74
530G LAW |
01
TuTh 3:00p-4:30p |
Williams |
|
This
course examines the constitutional and statutory framework
governing the exercise of government authority through
administrative agencies. The primary focus is on federal
administrative agencies. Constitutional topics considered include:
the extent to which Congress may delegate broad discretionary
authority to administrative agencies to make legally binding
policy through rulemaking and adjudicative functions; the limits
of presidential and congressional control over administrative
agencies; general consideration of how (or whether) current
institutional arrangements preserve a constitutional system of
separated powers and checks and balances; and the procedural
requirements placed on the exercise of government authority by the
5th and 14th Amendments’ due process
clauses. The statutory focus of the course is the Administrative
Procedure Act (APA), which imposes procedural requirements on
rulemaking and adjudicative functions performed by administrative
agencies. The APA also structures the relation between agencies
and the courts, which are often called upon to review agency
action. Judicial supervision of agency action is, however, a
somewhat more complex topic than can be gleaned from the rather
cursory provisions of the APA. Accordingly, much of the law
governing the availability, timing, and scope of judicial review
of administrative action is examined through the traditional case
law method familiar in common law courses. 3 units. |
|
|
|
|
BANKRUPCTY
(DLK) |
| W74
645A LAW |
01
MTuTh 9:00a-10:00a |
Keating |
|
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.
There will be a three hour examination.
3 units
|
|
|
|
|
BUSINESS ACQUISITIONS
(JL) |
| 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 Corporate 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.
|
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|
|
|
COMPARATIVE
LAW: EUROPE, LATIN
AMERICA, & EAST ASIA (JOH) |
| W74
535D LAW |
01
MTuWTh 8:00a-9:00a |
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. |
|
|
|
|
Є COMPARATIVE
PROFESSIONAL
ETHICS: LAW &
MEDICINE (MA) |
| W74
707C LAW |
01
M 6:30p-8:30p |
Allen |
|
Enrollment
limit: 35. (This two unit course is a part of the ethics
curriculum; it is not considered a “survey” ethics course;
therefore, a student could take this course and any other ethics
course for degree credit.) The ethical codes governing lawyers and
physicians have many areas of overlap, yet each discipline
operates from a different conceptual model. We will consider the
implications of the adversarial model underlying the rules of
professional conduct for lawyers, as contrasted with the more
collaborative model underlying the principles of medical ethics.
Specific subjects will include the duties of confidentiality,
conflicts of interest, informed consent and professional
competence. Class attendance and participation are expected.
2 units. |
|
|
|
|
CONFLICT OF
LAWS (SA)
|
| W74
536 LAW |
01 WF
9:30a-11:00a |
Appleton |
|
This course examines the legal problems that arise from
occurrences transcending state or national boundaries: choice of
applicable law, constitutional limitations thereon, jurisdiction
of courts, recognition of foreign judgments and an analysis of
these problems in the specific context of divorce and selected
international settings. The
course will emphasize conflicts among the American states.
Conflict of Laws provides an excellent review of a number
of substantive courses as well as Civil Procedure because the
cases examined in Conflict of Laws cover a variety of different
topics including, for example, torts, contracts, property,
insurance, and family law. Much
of the analysis in the course is necessarily policy-oriented, and
few black-letter rules exist.
Although many state bar examinations include Conflict of
Laws, I suggest you not enroll in this course if your only
interest in the subject is preparing for such examinations. The exposure to Conflicts necessary to pass those tests is
generally provided in the standard bar review courses.
On the other hand, every practicing attorney regularly
confronts Conflicts issues. The material this course covers,
therefore, has considerable practical value, and I recommend
Conflicts for anyone intending to practice law.
Regular class attendance and participation are required.
NOTE: As of now, this course is not scheduled to be offered
in 2005-2006, so interested students should plan to take it during
Spring 2005. 3 units. |
|
|
|
|
CONSTITUTIONAL COURTS
(LE)
|
| W74
579B LAW |
01
W 3:00p-5:00p |
Epstein |
|
Enrollment
limit: 50. [Crosslisted with Political Science, L32-533.] |
|
Since the early
1990's, members of the law & society community have been
investigating the role constitutional courts play in their systems
of government. That
this topic engages social scientists is not surprising. After all,
we, as citizens, are bombarded with press reports of
constitutional courts generating major policies.
And, we, as social and political observers, acknowledge the
expansion of judicial power (what some call the
"judicialization of politics") throughout the
world. That the legal
community also is
beginning to take an interest in courts abroad is as
understandable as it is undeniable.
It is understandable, as lawyers and judges believe they
have much to learn from their counterparts elsewhere. It is
undeniable, as a mere glance at the legal literature would attest.
The past decade witnessed the emergence of important law journals
and the publication of influential case books, scholarly volumes,
and essays all devoted to courts and law
abroad. What these developments suggest: The time is ripe to offer a
course on comparative
constitutional courts. My
goals for the class are as follows: (1) Introduce students to the
"state of the art", such as it
is at this early date, in studies of comparative courts.
We accomplish this via
readings and weekly discussions. (2) Touch upon a series of
specialized topics, major nodes
of controversy in the field. These include: Recruitment, Training,
and Practices of the
Bar; Judicial Independence; Agenda-Control in High and
Constitutional Courts; Relationships Among Courts,
Executives, and Legislatures in Parliamentary Democracies; Legal
Culture, Political Culture, and
Rights; and The Roles and Impact of Lawyers and Constitutions in
Enforcing Rights.
(3) Help students develop theoretical and empirical skills,
as well as
substantive knowledge, by having them amass data or other
information on the critical features of courts and the legal
system, especially the constitutional or high court, in a state of
their choice. This
on-going research should lead to a final paper and serve as an
impetus to their contributions to our weekly collective
deliberations. Pertaining to matters of format, I begin each session with an
introductory lecture on the topic of
the day; we then move to a discussion of the assigned
readings. As to
grades, I base them on the quality of class participation and on a
final paper. 3 units. |
|
|
|
|
IP
COPYRIGHT AND
RELATED RIGHTS (GSL) |
| W74
643B LAW |
01
M 8:30a-10:00 and W 8:00a-9:30a |
Lunney |
|
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. The
grade will be based on a timed final exam.
Class participation will also be considered in assigning a
final grade. 3 units. |
|
|
|
|
CORPORATE
AND WHITE COLLAR CRIME (KFB) |
| W74 642
LAW |
01
MTuTh 2:00p-3:00p |
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, time permitting, the course will provide an
introductory look at the Federal Sentencing Guidelines.
Regular class attendance and preparation are required.
3 units. |
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|
|
|
CORPORATE
FINANCE (TAP)
|
| W74
539G LAW |
01
MTuTh 10:00a-11:00a |
Paredes |
|
This course
will cover financial theory, paying particular attention to the
capital structure of corporations. The initial part of the course will introduce finance theory.
Concepts to be covered include: discounting, present value,
portfolio theory and capital asset pricing, the efficient capital
market hypothesis, and behavioral finance. Subsequent parts of the
course will use the theoretical foundation to understand corporate
capital structures and capitalization decisions and to suggest
ways for effective corporate planning.
Regular attendance and preparation are expected.
Students who take this course may also take Corporate
Finance Planning & Drafting.
There will be an open-book final exam.
3 units. |
|
|
|
|
CORPORATIONS
(TAP)
|
| W74
538N LAW |
01
TuTh 4:30p-6:00p |
Paredes |
|
This course is
a survey of the law of business associations, emphasizing issues
and problems relating to control, management and financing.
The course will cover publicly and closely held
corporations, the organization of business associations, the
distribution of power and control between management and
shareholders, with focus on the fiduciary duties of directors and
officers, corporate control transactions (mergers, acquisitions,
tender offers, etc.), and the effects of federal securities laws.
Because the key problem for corporate law is one of agency
relations - how to align management's incentives with
shareholders' interests - the course will also consider how legal
rules, markets, and institutional arrangements mitigate, or
magnify, the agency problem.
There will be a final examination.
3 units. |
|
|
|
|
CRIMINAL
JUSTICE ADMINISTRATION I
(KYB) |
| W74
542D LAW |
01
MTuTh 1:00p-2:00p |
Barnes |
|
This course
covers the first half of the criminal process, focusing on the
constitutional constraints on criminal law enforcement. Topics
include the law of arrest, search and seizure, interrogations and
confessions, and the right to counsel. Class participation and
consistent attendance are required.
3 units. |
|
|
|
|
Є ETHICS
OF LAWYERING IN
GOVERNMENT (KC) |
| W74
722A LAW |
01
F 2:00p-5:00p
(in Wash, D.C.) |
Clark |
|
Open only to
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. |
|
|
|
| EVIDENCE
(KYB)
|
| W74
547M LAW |
01
MTuTh 9:00a-10:00a |
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.
|
|
|
|
|
FEDERAL
INCOME TAX (NCS)
|
| W74
549J LAW |
01
TuTh 4:30p-6:30p |
Staudt |
|
This 4 unit
course is an introduction to the basic principles of the federal
personal income tax. Topics treated will include federal tax
procedure, the definition of gross income, exclusions and
deductions from gross income, and timing issues. The course is
designed to equip students to handle common personal income tax
problems likely to arise in general practice.
The course emphasizes a critical examination of the
provisions of the Internal Revenue code and the Treasury
Regulations so that students may become proficient in the use of
these basic tax tools. The
teaching methods and materials used in the course are intended to
encourage independent thought and critical analysis of the law and
policy of federal income taxation.
4 units. |
|
|
|
|
FINANCIAL
ACCOUNTING FOR LAWYERS (RRK) |
| 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. |
|
|
|
|
GENDER AND
HUMAN RIGHTS IN ISLAM (SSA) |
| W74
602C LAW |
01
TTh 6:30p-8:00p |
Ali |
|
Enrollment
limit: 70. This one credit "short course"
will be taught for five weeks - from Tues, January 18 - Thurs, February 17, 2005. This course explores the concept of human rights in Islam and international human rights doctrine from a comparative perspective, focusing on gender and women's human rights in both traditions. The course will adopt an inter-disciplinary and multi-disciplinary and 'law in context' approach, making it available to and of interest to students of social sciences in addition to law students. The subject of Islam and Human Rights generally, and Gender and Human Rights in Islam in particular, has assumed unprecedented significance in light of contemporary international developments. Lack of exposure to Islamic jurisprudence and the concept of human rights in Islam resulted in misconceptions that have adversely impacted on how Muslims are perceived today in non-Muslim jurisdictions. More importantly, the gap between the rhetoric and reality of Muslim societies and varying interpretations of the religious text in Islam makes it important to present and share a view of Islam that is compatible with its human rights friendly basis and spirit. Discrimination, resort to violence and oppression of women and minorities is an aberration of political and socio-economic factors in Muslim jurisdictions and not based on injunctions of the religious text of Islam.
This course aims to contribute towards this 'bridge of
understanding'. There will be a 24 hour take-home exam. 1
unit. [Meets from Tues, 1/18/05 - Thurs, 2/17/05] |
| |
|
HEALTH
CARE QUALITY AND LIABILITY (NT) |
| W74
707E LAW |
01
W 2:00p-4:00p |
Terry |
|
Enrollment limit: 40. This 2
unit course focuses on public and private law responses to quality
of care and autonomy issues involving doctors, institutional
healthcare providers and their consumers. Using materials from the
US, Australia, and Europe the course examines the issues of
medical error, malpractice crisis and tort reform. The course
examines the competing and overlapping liability models applied to
health care providers, and the liability exposure of different
provider groups, from individual health care professionals through
provider groups to managed care providers and drug and device
manufacturers. The course covers the full range of litigation
issues in malpractice and informed consent actions, including
expert and scientific evidence, causation, and damages. Attention
is paid to the effect of statutory reforms, ranging from
qualifications of experts through limitations on certain types of
damages recovery to mandated dispute resolution mechanisms.
There will likely be a two hour closed book exam. 2 units. |
|
|
|
|
INDIVIDUAL
RIGHTS AND THE
CONSTITUTION (BF) |
| 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. |
|
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|
|
INTERNATIONAL
HUMAN RIGHTS LAW (SHL) |
| W74
619A LAW |
01
TuTh 3:00p-4:30p |
Legomsky |
|
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.
Grades will be based on a written, timed, open book final
exam. 3 units. |
|
|
|
|
IP
INTERNATIONAL LEGAL PROCESS |
| W74
713C LAW |
01
MTuTh 11:00a-12:00p |
Sadat |
|
As Damrosch, et
al., write in their casebook on international law, "[a]t the
opening of the twenty- first century, the problems facing the
international community are many and acute."
Hunger, war, disease, terrorism, and environmental
degradation afflict the human condition in many parts of the
world, including our own. This
course will expose students to both the substance and process of
international law in an attempt to understand the legal frameworks
applicable to many of these problems.
The course will also serve as an introduction to the basic
principles of international law and the resolution of disputes
thereunder. The final
will be a 24-hour take- home exam.
3 units. |
|
|
|
|
LABOR LAW
(NNB) |
| W74
557B LAW |
01
WF 9:30a-11:00a |
Bernstein
|
|
An examination
of the principal provisions of the National Labor Relations Act:
Structure of the National Labor Relations Board, Organizing,
Concerted Activities, Recognition, Picketing, Bargaining and
Enforcement of Collective Bargaining Agreements. Three hour multiple choice examination. 3 units. |
|
|
|
|
LAND USE
LAW (DRM)
|
| 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
twenty-four hour, take-home, open book examination. 3
units. |
|
|
|
|
Є
LEGAL PROFESSION
(PAJ)
|
| W74
563U LAW |
01
WF 12:00p-1:30p |
Joy |
|
[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 and/or this academic
year are: Lawyers and Ethics in Film & Law (formerly Legal
Ethics in Film), Litigation Ethics, Lawyers & Justice, and
Practical Ethics for Civil Litigation.]
The overarching goal of this course is to help
prepare you for the ethical dilemmas you will face as a
practicing lawyer. How
one responds to these crises determines whether or not a lawyer
may be sued for malpractice, disciplined professionally, or
possibly violate the lawyer's sense of what is "right"
or "wrong." We
will explore the nature and types of client-attorney
relationships, confidentiality rules, client-attorney privilege,
conflicts of interest, ethical issues in representing entity
clients such as corporations and partnerships, fees, professional
self-regulation, access to legal services, public interest
representation, and the role of lawyers for the government.
We will study the Model Rules of Professional Conduct and
ethical duties under common law and other sources of authority.
Most of the classes will focus on the skill of problem
solving as you learn to recognize and resolve ethical dilemmas you
will face in practice. Other
skills you will use and develop include: legal analysis and reasoning, legal research, communication
skills, and client counseling.
This course also will focus on the professional values of
providing competent legal representation, improving the legal
profession, and examining the legal profession's role in promoting
justice, fairness, and morality.
Students are expected to participate in class discussions
and simulations, complete several in-class quizzes, and take a
final exam that is in two parts: a take-home exam consisting of
essay questions and a short final exam at the law school
consisting of multiple choice and short answer questions.
3 units. |
|
|
|
|
PENSIONS
AND TAX-FAVORED SAVINGS
(PJW)
|
| W74
599C LAW |
01
MTuTh 10:00a-11:00a |
Wiedenbeck |
|
This course is
an introduction to the law governing pension and other employee
benefit plans. The
tax treatment of contributions to, earnings of, and distributions
from qualified (i.e., tax-subsidized) and non-qualified deferred
compensation arrangements will be compared.
The rules governing the terms and operation of qualified
deferred compensation plans are studied intensively, including
workforce coverage, allocation of contributions and benefits,
funding, fiduciary responsibility, vesting, timing and forms of
distributions. The
economics of deferred compensation and the dual policies of
protecting employee reliance interests and properly targeting the
retirement savings tax subsidy are emphasized.
The course will be taught from a casebook and a statutory
pamphlet. Students will work extensively with Subchapter D and related
provisions of the Internal Revenue Code (including the regulations
pertaining thereto), and the Employee Retirement Income Security
Act of 1974 (ERISA). 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 is available on the web at http://law.wustl.edu/Faculty/Wiedenbeck/. 3
units. |
|
|
|
|
PUBLIC
INTEREST LAW SPEAKER
SERIES: A READINGS COURSE (KLT)
|
| 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
2004-05, the School of Law and the Clinical Education Program are
hosting the seventh annual Public Interest Law Speaker Series.
This 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 some of the presenters
in the spring conference at the law school on Poverty, Wealth, and
the Working Poor: Clinical and Interdisciplinary Connections. The
goal is for students to read a range of material that will provide
an overview of 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. The final grade also will be adjusted for
the quality of participation in the discussion sessions with the
visitors. 2 units |
|
|
|
|
IP
REGULATING DRUGS AND
OTHER MEDICAL TECHNOLOGIES
(RSD) |
| W74
593C LAW |
01
TuTh 12:00p-1:00p |
Dresser |
|
This 2 unit
course will address regulatory and policy issues related to the
control of medical technology. Besides its importance as a policy topic, this is an
increasingly common area of legal practice.
The emphasis will be on how the Food and Drug
Administration regulates drugs, devices, and biological products,
but broader policy questions will also be considered. Students
will examine the relevant legislation, agency rules, and court
decisions governing the development and application of drugs,
devices, and biological products.
The class will consider a series of problems on FDA
jurisdiction and standards, the drug and device approval process,
product labeling and advertising, product pricing, and
intellectual property incentives for product development.
Additional course discussions will address ethical and
policy issues raised by drug pricing, drugs for poor countries,
university-industry research relationships, and the effects of
drug company practices on health care costs. The course will meet
twice a week for one hour. Students
will be evaluated based on their performance on a take-home exam,
a group presentation, and class participation.
Because of the nature of the assignment, the group
presentation will not be graded anonymously.
2 units. |
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SECURITIES
REGULATION (JS)
|
| W74 569C
LAW |
01
MTu 1:30p-3:00p |
Seligman
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The primary
focus of this course will be the regulation of capital formation
under the Securities Act of 1933. Also included will be a
comparison of anti-fraud provisions in various federal statutes,
as they reflect the federal regulation of corporate transactions.
This is a statutory course that emphasizes the wording of the law,
the regulations promulgated by the Securities and Exchange
Commission, and court interpretations of both.
Case law is less important than in most traditional law
school courses. An additional focus is the inter-relationship of
the two primary federal securities statutes and the SEC's attempt
to integrate securities regulation into a coherent regulatory
system. A set of problems will be the focus of a significant part
of class discussion. Regular attendance and participation are
expected. There will be a final exam. Pre/Co-requisite:
Corporations. 3 units. |
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IP
TRADEMARKS AND UNFAIR
COMPETITION (GSL) |
| W74
647E LAW |
01
MTu 11:00a-12:00p
W 12:00p-1:00p |
Lunney
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|
(This course
was formerly known as Introduction to IP Law, Trademarks, and
Unfair Competition.) This course covers the creation, maintenance,
and enforcement of trademark rights, as well as related forms of
protection under principles of unfair competition law, at both the
state and federal levels. The fundamental policies and economics
underpinning trademark law are examined, as well as the basic
issues in trademark law, such as registration, scope of
protection, and remedies. In addition to these basic issues, the
course will address issues of current interest, such as:
protection of non-traditional subject matter; conflicts between
trademark protection and the copyright or patent laws; and the
protection against dilution(and possible conflicts with free
expression). 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 a timed final exam. Class participation will also be
considered in assigning a final grade.
3 units. |
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TRANSNATIONAL
LITIGATION (JOH) |
| W74 574D
LAW |
01
MTuTh 2:00p-3:00p |
Haley
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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. 3 units. |
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TRUSTS &
ESTATES (LAR)
|
| W74 575N
LAW |
01
WF 9:30a-11:00a |
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. There will be a final exam.
3 units. |
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UCC:
ARTICLE 2 (MMG) |
| W74 521B
LAW |
01
MTuTh 11:00a-12:00p |
Greenfield |
|
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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