Office of the Law School Registrar
Course Directory

General Upperclass Courses
Fall 2000

W74-530A sec 01 (3 hrs)  
MON TUE THU 2:00 - 3:00 p.m.    
Administrative Law is the "Civil Procedure" of the regulatory process. The course deals with laws governing administrative agencies at both the federal and state levels. We examine the procedural mechanisms that agencies use as they draft regulations, disburse welfare benefits, grant licenses, and pursue violators of regulatory statutes. We also study the procedural rights agencies must afford to private parties, and the ways in which administrative officials are supervised by Congress, the White House, and especially the courts. Although the course does not examine in detail the substantive laws administered by the NLRB, EPA, HHS, FCC, etc., it provides the background needed to understand the operations of these and other agencies. Regular attendance and preparation are expected, and sanctions may be imposed upon egregious offenders. Course grade will be based on a timed exam.

  Dorsey Ellis
W74-611D sec 01 (3 hrs)  
MON TUE THU 11:00 a.m. - 12:00 p.m.    
The antitrust course deals with the body of law, primarily federal, that is intended to make the market system function fairly and efficiently. The course will focus on monopoly and competition, the role that competition plays in society and the ways in which courts and agencies have applied the antitrust laws to further competitive goals. The substantive law considered in the course will cover horizontal restraints among competitors, vertical restraints between manufacturers and dealers, monopolization, mergers, and the interplay between antitrust law and the law protecting intellectual property. Economic principles will be discussed under the assumption that the students have not studied economics prior to taking the course. Attendance and preparation are required. There will be a three hour examination.

  Hon. Barry Schermer
W74-645B sec 01 (3 hrs)  
MON WED 7:40 - 9:00 a.m.    
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.

  Richard Kuhns
W74-603B sec 01 (3 hrs)  
TUE WED THU 2:00 - 3:00 p.m.    
This course will address multiple areas implicating children's interests and the law's impact on those interests, working from both theoretical and practical bases. Issues addressed will include children in poverty, education issues, teenage parents, child pornography, the juvenile justice system, selected child custody issues, child abuse and neglect, and the roles of advocate, Guardian ad Litem, and judge.

John Haley
W74-535D sec 01 (4 hrs)  
MON TUE WED THU 8:00 - 9:00 a.m.    
An introduction to the principal legal traditions in Europe, Latin America, and Asia with particular emphasis on the basic institutional features of the civil law systems. The course covers the historical development of the civil law tradition and its reception in non-Western societies, as well as the basic institutional contracts between civil and common-law jurisdictions and among civil law jurisdictions. Students will also have the opportunity to select a particular country of interest and examine in greater detail the basic features of its legal system.

Kathleen Brickey
W74-642 sec 01 (3 hrs)  
MON TUE THU 11:00 a.m. - 12:00 p.m.    
This course explores the phenomenon of increased reliance on the criminal law as a mechanism for controlling business misconduct. The principal focus of this course will be major federal statutes under which corporate and white collar crime are prosecuted (e.g., mail and wire fraud, securities fraud, perjury and false statements, obstruction of justice, bribery, tax fraud). We will also explore more innovative tools for reaching business misconduct (e.g., civil and criminal RICO, state homicide statutes, federal environmental laws) and innovative penalties as well (e.g., forfeiture). Attendance and preparation are required. The final examination will be a timed examination.

(3 hrs) Robert Lawless
W74-538M sec 01 - MON TUE WED 12:00 - 1:00 p.m.
W74-538M sec 02 - MON TUE WED 1:00 - 2:00 p.m.
This course covers the structure and characteristics of modern business associations including publicly held and closely held business corporations; the organization of business associations; the distribution of corporate power between management and shareholders with emphasis on the fiduciary duties of directors and officers; and the effects of federal securities law on business associations, particularly the proxy (or voting) rules. There will be a final exam.

  Maxine Lipeles
W74-614B sec 01 (3 hrs)  
MON TUE THU 1:00 - 2:00 p.m.    
This course surveys environmental law, focusing on the five principal federal environmental laws -- the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act (popularly referred to as "Superfund"), and National Environmental Policy Act. Different approaches to environmental regulation will be considered and evaluated. Regular attendance and preparation are expected. Grade is based on a written exam.

  Katherine Goldwasser
W74-547H sec 01 (3 hrs)  
MON TUE THU 12:00 - 1:00 p.m.    
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/or 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 and scientific evidence.

  Peter Wiedenbeck
W74-549G sec 01 (4 hrs)  
MON TUE THU 8:50 - 10:00 a.m.    
This 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.

  Stephen Legomsky
W74-630 sec 01 (3 hrs)  
MON TUE THU 10:00 - 11:00 a.m.    
Immigration law covers the constitutional foundations of immigration control; the admission of aliens to the United States; the deportation of aliens; refugees and political asylum; and the acquisition and loss of United States citizenship. In addition to carefully reasoned legal analysis, these subjects will require consideration of the moral, political, and foreign affairs implications of immigration control. Students will analyze a wide variety of fact problems requiring strategic decisions. Students also will participate in several simulation exercises, including possibly a mock removal hearing, legislative committee testimony, a mock 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 an open book final examination. NB: This course will be offered in Fall 2000, but probably NOT in 2001-2002.

  Neil Bernstein
W74-552 sec 01 (3 hrs)  
MON TUE THU 10:00 - 11:00 a.m.    
Study of the principles that distinguish "insurance law" from conventional contract law, state regulation of the business of insurance and the basic tenets of property, life, health and liability insurance. Three-hour multiple choice examination.

  Peter Mutharika
W74-553A sec 01 (3 hrs)  
WED FRI 9:30 - 11:00 a.m.    
An introduction to rules that govern relations among states as well as relations between states and other entities. A critical examination of the theories that underlie these rules and the institutions within which such rules have evolved will be made. Particular attention will be given to the relevance of such rules and institutions to contemporary international problems. Attendance and preparation are required. There will be a regular open book examination at the end of the course.

  Peter Mutharika
W74-560A sec 01 (3 hrs)  
TUE THU 3:00 - 4:30 p.m.    
This course examines the role of international organizations in the management of global issues. While a large part of the course will deal with the United Nations' role in peace management and conflict resolution, the role of other organizations (both intergovernmental and nongovernmental) will also be examined. Specific case studies such as Iraq, Bosnia, Cambodia, Angola, Somalia and Western Somalia will be used to examine the efficacy of these organizations in managing global issues. Attendance and class preparation are required. The final grade will be based on a take home examination.

  Neil Bernstein
W74-557A sec 01 (3 hrs)  
MON TUE THU 2:00 - 3:00 p.m.    
Concentrates on the National Labor Relations Act with emphasis on the union organizational process, employer options and limitations on employer actions vis-a-vis employee protected rights, protection for and limitations on union tactics (strikes and picketing). Three-hour multiple choice examination.

  Clark Cunningham / John Bowen
W74-724A sec 01 (3 hrs)  
WED FRI 9:30 - 11:00 a.m.    
Perhaps at some point during the first year of law school law students may have felt like they were being taught in a foreign language. This class will explore the possibility that this feeling might have been right, that learning "to think like a lawyer" may in part be like learning a new language or becoming part of a different culture. This course will draw on insights from linguistics and anthropology to focus on the roles of language and culture in shaping the rules, interactions, and institutions of law, in the U.S. and elsewhere. This course is co-taught by Law Professor Clark Cunningham and Anthropology Professor John Bowen, who is also Chair of the Arts & Sciences' Program on Social Thought and Analysis. This course is cross listed with L80-410 and L48-410 and will include non-law students. Depending on class size, the course grade will based either on a final paper or take home examination for law students. Regular attendance and class participation also will be a significant factor in grading. (Non-law students will be required to write a series of essays and conduct ethnographic research.) Classes will meet in Anheuser-Busch Hall.

Clark Cunningham
W74-563T sec 01 (3 hrs)  
WED FRI 7:30 - 9:00 a.m.    
This course is part of the ethics curriculum. Is "lawyer-hero" a contradiction in terms? If not, do lawyers become heroes because of their lawyer role or in spite of it? This course will explore the possibility that the answer can be "yes" to both parts of the question, because law is unique among the professions in the way it creates for its members profound moral dangers and also offers opportunities for honorable action and inspiring self sacrifice. We will begin with an overview of the substantive law of lawyering that will cover most of the major topics tested by the Multistate Professional Responsibility Examination. We will then spend the balance of the course exploring the ethical challenges faced by real lawyers and lawyers in works of fiction. Much of the reading will not consist of cases but of historical and biographical material. The course grade will be based on a combination of quizzes, writing assignments and a take-home final examination. Regular attendance and preparation are required; failure to meet this requirement will result in withdrawal from the course.

  Barbara Flagg
W74-649A sec 01 (3 hrs)  
TUE THU 3:00 - 4:30 p.m.    
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.

John Drobak
W74-646B sec 01 (2 hrs)  
MON 10:00 - 11:00 a.m. & FRI 11:00 a.m. - 12:00 p.m.
Enrollment limit: 20 third years and 10 second years
The Center for Interdisciplinary Studies at the Law School is sponsoring a series of conferences next fall involving nationally prominent scholars in law, political science and economics. This course will run in parallel with the conferences and provide a way for students to study the work of the visiting scholars and then to discuss the writings with the authors. The course will meet regularly twice a week except some of the class sessions will be replaced by meetings with the visiting scholars and by the conferences. The first conference, which will be held Friday, September 15, will be devoted to judicial norms. Participants are John Ferejohn, from the Stanford Political Science Department, who has written about a broad array of political science topics involving the law; Larry Kramer of the N.Y.U. Law School, who specializes in procedure and the courts; Lawrence Friedman from the Stanford Law School, who is the preeminent American legal historian; and Kathryn Abrams of the Cornell Law School, who has written extensively about judges and campaign financing. The second conference, scheduled for Monday, October 23, will be devoted to complexity and cognition. It will feature Douglass North, a Nobel Prize winning economist from the Washington University Economics Department, who is writing a book about complexity and economic theory; Cass Sunstein of the University of Chicago Law School, an expert in constitutional law and legal theory, whose writings have focused recently on behavioral economics as applied to the law; and Lynn Stout of the Georgetown School of Law, a corporate law expert who is working on the role of trust in corporate governance and non-rational choice theories of corporate governance. The third conference, scheduled for Wednesday, November 1, will deal with issues of the "commons." It will feature Judge Richard Posner of the Fifth Circuit Court of Appeals, who is one of the founders of the modern law and economics movement; Elinor Ostrom, a political scientist at Indiana University, who specializes in studying how people actually share common depletable resources; Larry Lessig of Harvard Law School (and the special master in the Microsoft antitrust litigation), who is the preeminent expert on computer law; and Robert Ellickson of Yale Law School, who has used law and economics to analyze a wide variety of property-related questions. The students in the course will read selected works of the visiting scholars and then meet with them to discuss their scholarship. The class will be divided up so that each student studies the scholarship of one participant from each conference, i.e., each student will study the work of three scholars. Students may also read a few works of some of the other visitors, in addition to the three whose writings they are studying. The goal is to read a range of scholarship that gives a comprehensive overview of the author's work and shows how the ideas evolved over time. The first few classes will be devoted to laying a foundation for studying law and social science. In the classes prior to each conference, the class will study and discuss the work of the scholars who will be visiting campus. Students will be required to read on the order of 750-1,000 pages during the semester. The precise number will depend upon the complexity of the readings and how the body of work is organized for each scholar. It is essential that the students do the reading in preparation for their meetings with the scholars. The meetings with the visiting scholars will take place sometime between 10:00 a.m. and noon in the morning of the day of the conference. Consequently, the students must have some flexibility in their schedule 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 30, with 10 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 the ideas they learned from one or more of the visiting scholars to a new topic of their choosing. The final grade will also be adjusted for the quality of participation in the meetings with the scholars and in the classes. If you would like more information about the work of the visiting scholars or about the course in general, please see Professor Drobak.


Peter Wiedenbeck
W74-581E sec 01 (3 hrs)  
MON TUE THU 12:00 - 1:00 p.m.    
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 a casebook 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

  Joel Seligman
W74-569C sec 01 (3 hrs)  
MON 3:00 - 4:30 p.m. & WED 2:00 - 3:30 p.m.    
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. Course grade will be determined by a timed exam with objective and essay components.
Pre or Co-requisite:

Lee Epstein
W74-551A sec 01 (3 hrs)  
WED 3:00 - 5:00 p.m.
Enrollment limit: 25
My goal is to provide law students with the ability to conduct and evaluate empirical social science research. By "empirical social science research" I mean scholarship that is based on a five-stage model: (1) asking questions, (2) invoking theory and hypothesizing, (3) developing measures, (4) collecting and analyzing data, and (5) reaching conclusions. Underlying this model is the following notion: Empirical research does not stop with intuitions or theories; it attempts to determine whether observations from the real world coincide with those intuitions or theories. Students need not have experience working with data to take this class. Students will be required to write a paper. There will be no final exam.

  Daniel Mandelker
W74-617 sec 01 (3 hrs)  
TUE THU 3:00 - 4:30 p.m.    
The purpose of this course is to provide an understanding of the role and function of state and local governments in a federal system. Lawyers in private practice frequently must consider state and local government law issues as well as lawyers who work for government agencies. For example, it is estimated that one out of every eight tort suits is brought against a local government. Topics covered include annexation and incorporation; government structure and powers; taxation and finance; tort, ยง 1983 and antitrust liability; special legislation and delegation of legislative power; and the role of the chief executive and the courts in policy making. A final chapter covers suits against local government through use of the extraordinary writs. Class participation and attendance are required subject to excuse. There is an open-book examination.

  John Drobak /Douglass North
W74-699A sec 01 (3 hrs)  
TUE THU 1:00 - 2:30 p.m.
Enrollment is limited to approximately 25 law students and 25 economics students
This course is cross-listed in the Economics Department. This law and economics course focuses on how the law affects the course of economic growth. It is jointly taught by Professor Drobak of the law faculty and Professor Douglass C. North of the economics faculty. The enrollment is made up of both law and economic students. The course will begin with two weeks of introduction to economic theory and history. That will be followed by study of the law and economics of Ronald Coase's pathbreaking article "The Problem of Social Cost". The course will then examine the historical development of the law merchant and its incorporation into modern commercial law. The course also will examine the law and economics of the limits imposed on government regulation by the takings clause of the fifth amendment, followed by the study of the law and economics of rent control. Other subjects studied in the course will include some or all of the following: slavery and labor contracts, cognition and contract law, airline deregulation, telecommunication regulation and environmental law. There will be an hour and a half mid-term exam, an hour and a half final examination, and an 8-12 page term paper. Attendance and preparation are expected. Some classes will be taught primarily by lecture, but most classes will entail typical classroom discussion. There is no economic prerequisite for law students, although it would be helpful for law students to have taken one course in price theory or micro economics. If law students have not, it will require some additional work to understand some of the economic instruction in the course.

  Frances Foster
W74-575H sec 01 (3 hrs)  
MON TUE THU 11:00 a.m. - 12:00 p.m.
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: Society's 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.