Office of the Law School Registrar
Course Directory

General Upperclass Courses
Spring 2001
 


AMERICAN LEGAL HISTORY Stuart Banner
W74-698A sec 01 (3 hrs)  
MON TUE THU 10:00 - 11:00 a.m.  
We will cover a wide range of topics in American legal history with an emphasis on the relationship between legal and non-legal developments. Topics will include slavery and race relations, the law's treatment of women, crime and punishment, economic regulation, the bar, legal education, and many others. Readings will include primary and secondary sources. Students who have taken Selected Topics in Legal History, taught by Professor Konig, are not precluded from taking this course.

BIOETHICS AND LAW 
  Rebecca Dresser
W74-593A sec 01 (3 hrs)  
MON TUE THU 12:00 - 1:00 p.m.  
This course considers how the legal and policy systems reconcile competing values and interests in controversies surrounding the practice of medicine. Case law, legislation, advisory policies, and institutional policies will be examined, as well as selected commentary from the legal, medical, and philosophical perspectives. Substantive topics to be addressed include definitions of death, competent patients' right to refuse treatment, decisions on life-sustaining treatment for incompetent patients (including children), active euthanasia and assisted suicide, hospital ethics consultants and committees, organ transplantation, and selected issues raised by genetics and assisted reproduction. There are no prerequisites for this course. Grade is based on class participation, one short paper and presentation, and performance on take-home examination. (This course is not part of the ethics curriculum.)

BUSINESS ACQUISITIONS
  Joseph Lehrer
W74-540B sec 01 (2 hrs)  
TUE 4:30 - 6:30 p.m. 
This two credit hour course will be a highly practical approach to acquisitive business transactions. Emphasis will be placed on the role of the business attorney as a facilitator for the transaction and as a member of the acquisition or divestiture team. The premise of the course is that the business attorney should enhance the value of the transaction for the business client. Throughout the course, students will be asked to relate the structure, investigation and documentation of the transaction to the motivations of the buyer and seller. In that regard, we will analyze financial and business facts and assumptions, and relate those facts and assumptions to the acquisition documentation. 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 and Federal Income Tax. It would be helpful, but not necessary, to have taken or be taking Corporate Taxation.

COMMERCIAL LAW
Alexander "Sandy" Meiklejohn
W74-702C sec 01 (3 hrs)  
MON TUE THU 10:00 - 11:00 a.m.  
This course is designed to familiarize students with some aspects of the law relating to payments and secured transactions. Articles 3, 4, and 9 of the Uniform Commercial Code will be the principal focus of the course, with the three hours allocated approximately half to Articles 3 and 4, which govern payments, and approximately half to Article 9, which governs secured transactions.

CON LAW II 
  Barbara Flagg
W74-609C sec 01 (4 hrs)  
TUE THU 4:30 - 6:30 p.m.    
(Note: This is a new course description, updated 10/26/00)  The coverage of this course is as previously described: topics include equal protection (with extended coverage of race discrimination law), substantive due process (the right of privacy), equal protection fundamental interest analysis, and state action.  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 to four  ndividuals, 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 cover evaluation of some working drafts produced by class members, as well as the issues, background cases, and underlying constitutional norms implicated by the assigned problems.  The final grade will be based on the four collaborative written assignments, participation, and self evaluation. There will be no final exam. This course has two equally weighted objectives. The first is substantive familiarity with Fourteenth Amendment doctrine, precedent, and principles. As this learning is produced through the experience of working through constitutional issues from issue identification to a final written analysis, the second objective is that students learn how to learn, and how to evaluate their own learning processes and work products.  Students who enroll in this class should be prepared to work at a moderate but steady pace throughout the semester.  I offered a somewhat similar version of this course the past two years, but would like to underscore two differences that may be relevant to students considering enrollment.  First, there will be no oral arguments this year, as was previously the case.  Second, there is no "time out" when groups have no responsibility for preparing an argument or brief. Each group will work on each of the four problems, and will produce a written (graded) document for each problem.  This represents an increase from three written assignments to four, but more time is provided for the preparation of each assignment.  Please contact Professor Flagg, preferably by e-mail, if you have additional questions.

CON LAW II 
  D. Bruce La Pierre
W74-609 sec 01 (4 hrs)  
MON TUE WED THU 12:00 - 1:00 p.m.  
This course addresses judicial interpretation and enforcement of the Civil War Amendments. Topics include substantive and procedural due process, equal protection, "state action," and Congress' power to enforce, interpret and expand the protection of these amendments. There will be a four-hour exam.

COPYRIGHT AND RELATED RIGHTS 
Charles McManis
W74-643A sec 01 (3 hrs)  
MON TUE THU 10:00 - 11:00 a.m.  
This course will focus on federal copyright law and related bodies of state, foreign, and international law governing the protection of literary and artistic works, including technical works such as computer software, architectural works, and databases, as well as more traditional literary and artistic works. The course materials will include cases, statutes, international agreements, and hypothetical problems. Regular class attendance and preparation are expected. The grade will be based on a timed final exam, which will include both objective (i.e. multiple choice and true/false) questions and an essay question.

CORPORATE TAXATION 
  Nancy Staudt
W74-648D sec 01 (3 hrs)  
TUE THU 3:00 - 4:30 p.m.    
This course involves an intensive study of the statutory, regulatory and case material governing corporate taxation. Topics covered include the tax consequences of corporate organization and capitalization, distributions to shareholders, redemptions of stock, corporate liquidations and taxable dispositions of a corporate business (both stock and asset sales). The course will be taught from a casebook and statutory pamphlet, by a combination of the case and problem methods. Federal Income Taxation is not a prerequisite for this course, but former students indicate that 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.

CRIMINAL JUSTICE ADMINISTRATION I 
Richard Kuhns
W74-542B sec 01 (3 hrs)  
TUE WED THU 8:00-9:00am    
Issues of constitutional criminal procedure with primary focus on the right to counsel, searches and seizures, and confessions.

EMPLOYMENT DISCRIMINATION 
Neil Bernstein
W74-590 sec 01 (3 hrs)  
MON TUE THU 11:00 a.m. - 12:00 p.m.  
This course will examine employment discrimination based on national origin, race, religion, sex, sexual preference, pregnancy, age, and disability from the litigation and legislative perspectives. The course will focus on federal employment discrimination statutes, including the Equal Pay Act of 1963, Title VII of the 1964 Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and 42 U.S.C. § 1981. There will be a three hour multiple choice examination. (Note : Employment Discrimination is not scheduled to be offered during the 2001/2002 school year.)

ESTATE AND GIFT TAXATION
Frances Foster
W74-629E sec 01 (3 hrs)  
MON TUE THU 11:00 a.m. - 12:00 p.m.  
This course will examine the impact and operation of federal estate, gift, and generation-skipping transfer taxes on the gratuitous transfer of property during life and at death. Regular attendance and preparation will be required. Grades will be based on a three-hour open book final examination. Trusts and Estates is recommended.

ETHICS OF LAWYERING IN GOVERNMENT 
Kathleen Clark
W74-722A sec 01 (3 hrs)  
MON mornings, FRI afternoons 
Open only to students enrolled in Congressional & Administrative Law Clinic 
This course is a part of the ethics curriculum. 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, complete several written assignments about the ethical issues they encounter in their work places, and make presentations to the entire class.

EVIDENCE 
  Kay Butler
W74-547K sec. 01 (3 hrs)  
MON TUE THU1:00-2:00pm    
Analytical study of the principles and rules governing the proof of facts in civil and criminal trials. In addition to examining the Federal Rules of Evidence and their common law counterparts, the course will address broad issues such as what it means to "prove" or to "know" something, the allocation of decision making between judge and jury, the objectives of adjudication, and the relationship between those objectives and rules of evidence. Class attendance and participation are expected.

FAMILY LAW 
  Susan Appleton
W74-548 sec 01 (4 hrs)  
MON TUE THU FRI 11:00 a.m. - 12:00 p.m.  
This course examines legal and related non-legal materials on the law of family and quasi-family relationships. Specific topics include the law of reproductive rights, marriage, marital property regimes, divorce, child custody, non-marital cohabitation, non-traditional families, parental authority over children, illegitimacy, support duties, child abuse and neglect, and adoption and other ways of adding children to one's family, as well as broad theoretical issues such as family privacy, constitutional protection of the family, alternative concepts of "family", and feminist legal perspectives. The assignments include multi disciplinary materials as well as non-legal readings illustrating the ways in which Family Law affects real families and their members. Regular class attendance and participation are required. Students missing an excessive number of classes will be required to withdraw from the course. The course will be conducted on the assumption that all students enrolled have completed a course on individual constitutional rights and liberties (covered in Constitutional Law II) because much of Family Law has now become Constitutional Law. (Students concurrently enrolled in Constitutional Law II have found that taking the two courses together works satisfactorily as well.)

FEDERAL INCOME TAX 
  Nancy Staudt
W74-549J sec 01 (4 hrs)  
MON TUE WED THU 9:00 - 10:00 a.m.  
An introduction to the basic principles of the federal personal income tax. Topics treated will include federal tax procedure, the definition of gross income, and exclusions and deductions from gross income. 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.

INTERNATIONAL AND COMPARATIVE PRODUCTS LIABILITY LAW 
Dorsey Ellis
W74-625A sec 01 (1 hr)  
MON TUE THU 9:00 - 10:00 a.m. 
This one credit course will meet for three (3) hours per week for the last five (5) weeks of the semester.
This course explores the special problems concerning the liability of manufacturers, distributors, and sellers of products for injuries arising out of alleged defects in the products' design or manufacture or inadequate instructions or warnings concerning their use where the products were manufactured or sold or the injuries occurred outside the United States. Particular attention will be directed to the implementation of the 1985 European Communities Directive on the approximation of Member States' laws concerning liability for defective products, the 1994 Japanese law of products liability, and international conflicts issues. This is an advanced course and will be taught as an optional continuation of the Products Liability course. It will be assumed that students have taken the Products Liability course in Spring 2001 or previously. Class attendance will be required and participation expected. There will be a twenty-four hour take-home exam.

JAPANESE LAW 
  John Haley
W74-511E sec 01 (4 hrs)  
MON TUE WED THU 8:00 - 9:00 a.m.  
Introduction to the basic institutions and processes of the Japanese legal system. The course will trace the historical development and traditional role of law, the reception of Western law, and the cultural and structural factors that influence the function of law and legal institutions. The course will also deal with aspects of Japanese law that relate to trade and investment issues. Thus a brief look at the basic codes, including company law, and the major regulatory regimes (antitrust, securities, labor and environmental law) is included. A paper in lieu of a final examination may be required, depending upon enrollment and instructor preference.

JURISPRUDENCE 
  Stanley Paulson
W74-555A sec 01 (3 hrs)  
TUE THU 4:30 - 6:00 p.m.    
An introductory course for law students on the main currents of thought in jurisprudence and legal philosophy. The field, both traditionally and today, reflects two general outlooks--law as institutionalized power, and law as a species (or application) of morality. As you can imagine, jurists with a penchant for the theoretical have worked up a great number of variations on these two themes. Can one reach some kind of conclusion on the question of the nature of law? Drawing for the most part on the work of recent writers, we shall discuss concepts and arguments clustered around the two views--fiat vs. reason, power vs. morality, convention vs. goodness. Classroom instruction is by lecture and discussion. And, for what it's worth, the instructor is in love with the field. Nothing is presupposed. The best "background" is a lively interest. The examination is of the traditional, "scheduled" variety, but with questions (from which the actual exam questions are taken) distributed in advance.

LABOR LAW II 
  Neil Bernstein
W74-585 sec 01 (3 hrs)  
MON TUE THU2:00-3:00pm    
Examination of enforcement of collective bargaining agreements, rights and duties of labor unions, rights of individual employees. Three hour multiple choice examination. 
Prerequisite: Open only to students who have successfully completed Labor Law I.

LAND USE LAW 
  Daniel Mandelker
W74-615 sec 01 (3 hrs)  
TUE THU 3:00 - 4:30 p.m.    
This course considers the land use planning and regulation system. After reviewing the background for planning we will study the land use takings cases and then local zoning, including exclusionary zoning and the zoning decision making process. Additional topics include subdivision controls, growth management and aesthetic controls. The course also examines the structure of land use regulation and the problems faced in preparing effective regulatory systems. There is a web site for the course, which is accessed in class, and which contains supplementary visual, textual and case materials. Class participation and attendance are required subject to excuse. There is an open-book examination.

LAW AND SOCIAL CHANGE 
Lee Epstein
W74-550A sec 01 (3 hrs)  
WED 3:00 - 5:00 p.m. 
Enrollment limit: 45
   
Many law-related classes emphasize the processes that lead to court decisions or the content of those decisions. But for legal specialists concerned with the relation of law to society, the most interesting aspect of the judicial process begins after a high court issues its mandate. How will lower courts interpret it? Under what circumstances will they comply with or defy the decision? Will authorities and other actors implement it? Do individuals directly affected by the decision actually receive benefits or suffer costs? In what ways will other segments of society respond to it? And, ultimately and most critically, can courts - via their decisions - generate serious social, political, or economic change? To address these and other questions, we consider the vast legal and social-scientific literature on the implementation and impact of court decisions, as well as the decisions themselves. We end the course with two case studies (on race discrimination and pay equity), both of which allow for the explicit consideration of whether courts can generate change. Students will be required to write a paper. There will be no final exam.

LAW AND SOCIAL WORK
Jane Aiken (Law) & Melissa Jonson-Reid
W74-548J sec 01 (3 hrs) (Social Work) 
WED  12:00 - 3:00  Enrollment limit: 24. This is considered the core course for the law and social work joint degree candidates; it is a crosslisted course. JD/MSW students will be given preference in selection for the class*.
Lawyers and social workers together possess the finest combination of skills for creative problem solving. There are barriers to using these skills collaboratively, however. These barriers include "cultural" ignorance and misunderstandings between the disciplines and lack of explicit training in communication and collaboration skills that may enhance understanding of social problems that require social work and legal skills. This course will attempt to highlight the differences and similarities between the disciplines and offer the students simulated opportunities to work together. Such work should help the students gain insight into these paradigmatic challenges and develop strategies for making the best use of appropriate skills. The first five weeks of the course will focus on exploring the language, knowledge and skills inherent in legal and social work training. The classes will also examine the professed goals, and professional ethics of the law and of social work. We will discuss the ways in which each discipline approaches, relationships with their clients and how each profession is regulated. The final part of the course will provide the students with simulated exercises dealing with common problems encountered by both social workers and lawyers. The students will be assigned to act as a lawyer or a social worker in each of the problems. In preparation for each class, we will give them legal or social work material relevant to the problem (depending on their role.) We will look at ways in which the two paradigms of law and social work overlapped and ways in which they diverged, with particular attention to the areas covered in the first part of the class. Our goal is to maximize problem solving approaches for both law and social work students. Students will be graded on the simulations and a final project. 
*JD/MSW students must express their interest in enrolling in writing to the Registrar's Office before online registration begins in November 2000, so that any slots unfilled by joint degree students can be filled by non-joint degree law and social work students.

LEGAL PROFESSION 
  Peter Joy
W74-563U sec 01 (3 hrs)  
WED FRI 9:30 - 11:00 a.m.    
This course is part of the ethics curriculum. 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.

PATENT AND TRADE SECRET LAW 
Arti Rai
W74-623C sec 01 (3 hrs)  
WED FRI 12:00 - 1:30 p.m.    
This course will examine the protection of invention through patent and trade secret law. Special attention will be given to the use of patents and trade secrets in high technology industries, including the computer industry and the biotechnology industry. The course materials will include cases, statutes, and hypothetical problems. The grade on the course will be based on a timed final exam, which will include both objective (i.e. multiple choice) and essay questions.

PRODUCTS LIABILITY 
  Dorsey Ellis
W74-624D sec 01 (2 hrs)  
MON TUE THU 9:00 - 10:00 a.m. 
This two credit course will meet for three (3) hours per week for the first nine (9) weeks of the semester. 
This course explores the liability of manufacturers, distributors, and sellers of products for injuries arising out of alleged defects in the products' design or manufacture or inadequate instructions or warnings concerning their use. Particular attention will be directed to the Restatement (3rd) of the Law of Torts: Products Liability (1997). Class attendance will be required and participation expected. There will be a twenty-four hour take-home exam administered on Fri, March 23 - Sat, March 24. [This partial semester scheduling will allow interested students to enroll in International & Comparative Products Liability Law, which meets for the last five (5) weeks of the semester (see course description)].

REAL ESTATE TRANSACTIONS
Alexander "Sandy" Meiklejohn
W74-565L sec 01 (3 hrs)  
MON TUE THU2:00-3:00pm    
This course is designed to provide an introduction to basic principles of real estate law. Because acquisition and development of real estate nearly always involve financing, the primary emphasis will be on mortgage law, including relationships between senior and junior mortgagees, transfers of encumbered property, and lenders' remedies. Other topics that may receive some emphasis include the roles of real estate brokers and lawyers, and the tax treatment of certain transactions.

REMEDIES
  Clark Cunningham
W74-567J sec 01 (3 hrs)  
WED FRI 9:30 - 11:00 a.m.    
In many civil cases the most important and difficult problem is not whether the plaintiff wins on the issue of liability but what will be the real life consequences of the court's decision? This is the problem of remedies. Will the defendant be required to pay money to the plaintiff, and if so, how is the amount to be determined? What can the plaintiff do if the defendant fails to pay the money? What other kinds of things can a court order beyond the payment of money? What are the limits of judicial power to order the defendant to do something or refrain from doing something? The problem of remedies is particularly difficult and important when the defendant is a unit of government: how much can a court interfere with the operations of the other branches of government? There will be a take-home final examination. Regular attendance and preparation are required; failure to meet this requirement will result in withdrawal from the course.

TRANSNATIONAL LITIGATION 
John Haley
W74-574D sec 01 (3 hrs)  
MON TUE WED 
2:00-3:00 p.m.
   
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.

TRUSTS & ESTATES 
Francis Michael Nevins
W74-575L sec 01 (4 hrs)  
TUE THU 12:00 - 2:00 p.m.    
The subjects we cover in this course include intestate succession; family protection and restrictions on testamentary freedom; execution of wills; problems of incorporation by reference and extrinsic evidence; revocation and revival of wills; contracts to make wills; problems of construction and distribution in the law of wills; will substitutes; the nature, uses and varieties of trusts; elements of a trust; creation of trusts; the nature of a trust beneficiary's interest; modification and termination of trusts; charitable trusts; fiduciary administration; probate and contest of wills; powers and duties of estate and trust fiduciaries. The usual Washington University course in this area meets three hours a week and is worth three credit hours. My course will meet four hours a week and will be worth four credit hours. Much of the additional time will be devoted to detailed examination of relevant provisions of the Missouri Probate Code. Therefore this section would be especially appropriate for students who plan to take the Missouri bar examination.

U.S. CONSTITUTION & FOREIGN AFFAIRS 
Leila Sadat
W74-725A sec 01 (3 hrs)  

COURSE CANCELED