Office of the Law School Registrar
Course Directory

Applied Lawyering Skills
Spring 2001
 


ADVANCED LEGAL RESEARCH Phil Berwick
W74-523B
(2 hrs)
Section 01:  TUE  THU  8:00 - 9:00 a.m.  NOTE ADDED SECTION
Section 02:  TUE  THU  9:00 - 10:00 a.m.
Enrollment limit: 22 per section
The purpose of this course is to introduce the student to important legal research materials not covered in the first year research and writing program. Topics to be covered include: federal legislative history research, research in international law, research in selected foreign jurisdictions, legal research using electronic databases and the use of the publications available in each topic area. Questions to be addressed include: where does one start; why is one publication better than the other; when does one use electronic instead of print publications; when does one end the information gathering process? The final grade will be based on three short assignments (10% each), one longer bibliographic essay (60%) and class attendance and participation (10%).

ADVANCED TRIAL ADVOCACY David Rosen
W75-503A sec 01
(2 hrs)
WED 4:00 - 7:00
Enrollment limit: 8
This course provides an opportunity to further develop skills learned in the basic Trial Practice and Procedure course as well as to learn new trial skills, including the use of computers in the courtroom. It is designed for students who intend to go into litigation. The course will focus on techniques used in federal courts and will use actual case and investigative materials from federal criminal cases. Required work for the course will be similar to that done for the basic Trial Practice course, except that there will be less time spent on lecture and demonstration and more time on skills performance and so the work will be more extensive. The final class will involve trying a criminal case to a jury, but in a more complete format than that of the Trial Practice class. To account for some inevitable overlap with the basic Trial course, the course is for two credits but will meet once a week for three hours. It will be graded on a modified pass/fail basis [high-pass (HP90), pass (P), low-pass (LP74), fail (F65)]. Grade will be determined by the student's performance on simulation assignments, other work assigned during the semester, and the final trial, as well as weekly class participation. Prerequisites: Trial Practice & Procedure (Note that Evidence is a prerequisite for Trial Practice & Procedure.)
WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, IF YOU ARE ENROLLED IN THIS COURSE AFTER TUESDAY, JANUARY 2, (i.e., any time after midnight on that date), YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade (whether HP90, P, LP74, F65) for the course.

ALTERNATIVE DISPUTE RESOLUTION Karen Tokarz
W74-641F sec 01 - WED 12:00 - 3:00 p.m. - Karen Tokarz
W74-641F sec 02 - MON  5:00 - 8:00 p.m. - Karen Tokarz
W74-641F  sec 03 - MON  5:00 - 8:00 p.m. - Alan Freed
W74-641F  sec 04 - WED  6:00 - 9:00 p.m. - Leonard Frankel
W74-641F  sec 05 - MON 5:00 - 8:00 p.m. - C.J. Larkin
W74-641F  sec 06 - WED  6:00 - 9:00 p.m. - Michael Geigerman
Enrollment limit: 16 per section
(3 hrs)
This course will offer students the opportunity to learn the theory and practice of Alternative Dispute Resolution, sometimes referred to in shorthand as ADR. The course will introduce the three central ADR processes -- negotiation, mediation, and arbitration -- but will focus primarily on  negotiation and mediation. Negotiation theory and skills underlie most dispute resolution processes and mediation is the ADR process lawyers are most likely to employ.  During each of our three-hour sessions, we will learn about ADR through class discussion, but we will spend most of our time engaged in demonstrations, exercises, and simulations.  Student grades will be based on a variety of factors, including papers, performance on in-class and out-of-class simulations, and attendance.  Students will be graded according
to the standard numeric grading scale. Because of the nature of this course, one student's absence will almost always adversely affect at least one other student's classroom experience. Thus, attendance is mandatory; failure to attend will have an adverse, perhaps even catastrophic, impact on the absent
student's grade.  There are no prerequisites for this course. Note: All sections of this course will cover the same material that will be useful to students regardless of the areas in which they intend to practice. All of the faculty for this course have significant ADR experience and are among the most highly respected mediators in the area.  [The newly added sections (3-6) are pending approval at the Nov. 15, 2000, faculty meeting.]
WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of ADR openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER TUESDAY, JANUARY 2, (i.e., any time after midnight on that date), YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course; dropping puts a student at risk of receiving a failing grade (65).

BUSINESS PLANNING & DRAFTING: THE DEAL 
[A Practice-Oriented Approach to Complex Business Transactions]
Robert Newmark
W74-583F sec 01
(3 hrs)
TUE 8:00 - 9:00 a.m. and THU 4:30 - 6:30 p.m.
Enrollment limit: 20
This course will offer students an opportunity to learn about the role of a business lawyer in business transactions. The course will focus on developing practical skills; negotiation, drafting, and organization. Classes will involve significant role-playing opportunities. The course is structured around an integrated series of transactions involving the hypothetical sale of a family business. Students will be exposed to legal issues involved with a letter of intent, choice of entity considerations, financing methods, regulatory complications, due diligence efforts, negotiating a stock purchase agreement, side agreements including a consulting agreement, and will culminate with a mock closing of the transaction. Practicing attorneys may be called upon for "guest" lectures. There is no final examination. There will be an attendance policy. Grading for the course will be based on the drafting assignments, in-class negotiation sessions, and general class participation. Students will be divided on the first day into buyers and sellers, and will work as a team with their similarly designated colleagues throughout the course. Students will be expected to devote some time outside of class working with their "opposing" counsel to complete transaction documents. The class will meet twice weekly: one one-hour lecture and one two-hour role-playing session. Prerequisite: Corporations

COMPLEX CIVIL LITIGATION                           James Bennett
W74-651A sec 01              (2 hrs)
THU 6:30 - 8:30 p.m.
Enrollment limit: 24
This two credit hour course will explore the issues which arise in a typical large-scale civil suit involving multiple parties and will cover most of the major stages of litigation (including settlement), other than trial and appeal. The focus of the course will be on aspects of litigation largely unique to larger or more
complex cases. An emphasis will be placed on class actions and cases  involving disputes in multiple courts in different parts of the country. The course will focus on practical strategic concerns that arise in these cases and on developing writing skills needed to prepare the types of pleadings that are typically filed in these cases. The course will not require substantial research.  Students will be graded based on class participation, drafting assignments, and a final exam. (This course is pending faculty approval at the Nov. 15, 2000, faculty meeting.)

CONSTRUCTION LAW: PRACTICE AND DRAFTING ISSUES 
IN DEVELOPMENT, DESIGN AND CONTRACTING
Joseph Colagiovanni
W74-710A sec 01
(2 hrs)
MON 6:00 - 8:00 p.m.
Enrollment limit: 20
The focus of this two credit hour applied skills course will be three-fold. First, to provide the overview needed to learn how the various documents that comprise the total construction development package relate to each other. Second, to familiarize students with the language and purpose of the most common forms. Third, to give students practical experience in revising the standard documents in order to protect the interests of their clients. Each class will focus on a brief problem description, which will identify various parties and issues relating to the general topic to be discussed (e.g., loan agreements or easements). The class will be divided into groups, each asked to represent one or more of the parties. The group will then negotiate and document the agreement reached on the issues, and all will participate in a summary review and critique session. Regular attendance and preparation will be required. The final grade will be based on the drafting exercises and on class participation.

CYBERSPACE LAW                   Charles Fendell / Mark Sableman
W75-501B sec 01              (3 hrs)
TUE THU 4:30 - 6:00 p.m.
Enrollment limit: 30
This course will examine the law of information and commerce on the Internet.  It will consider the special liabilities of various Internet users (conduits, content providers, and users), the duties and liabilities flowing from typical Internet actions and activities (domain name use, electronic  commerce, linking, use of trademarks and copyrighted materials, parody, disparagement, collection of private information), current and proposed laws and regulations directed to Internet activities (privacy, indecency, anti-spam, anti-hacking, etc.), and the laws, regulations, and structures that govern the
Internet (ICANN and its predecessors).  The course will consider how practitioners handle Internet issues, in adapting existing laws and precedents to Internet issues, in helping clients prevent problems, and in resolving disputes informally or through litigation.  Although the course will focus for the most part on issues unique to the Internet, certain traditional legal issues that arise frequently in Internet law, such as trademark infringement through domain names, and the sufficiency of Internet activities for jursidictional
purposes, will be examined. Grades will be based on class participation, one assignment (which may include a paper or practical skills assignment) and a final examination.  It is highly recommended that students have taken or be concurrently enrolled in any of the following courses: Copyright & Related
Rights, Trademark Practice and Unfair Trade Practices.

ENTERTAINMENT LAW PLANNING & DRAFTING 
Jeff Michelman / Donna Schmitt
W74-528B sec 01
(3 hrs)
MON WED 5:30 - 7:00 p.m.
Enrollment limit: 24
This applied-skills course will offer practical experience in dealing with transactional and litigation issues unique to the practice of entertainment law. The class will cover agreement common to movies, television, live theater, music, and print publishing. Drafting assignments will relate to creative control, credit, compensation, transfer of rights, and related issues. Grading is based upon drafting assignments and class participation. Students enrolling in the course will find it helpful to have had, or be enrolled in, Copyright and Related Rights, Patent & Trade Secret Law, and/or Unfair Trade Practices.

ENVIRONMENTAL MOOT COURT Maxine Lipeles
W75-605M sec 01
(1 hr)
Enrollment limit: 96
Students work in teams of two for the preparation of an appellate brief and the presentation of a minimum of two oral arguments concerning an environmental law issue. Semi-finalists are selected based on their written brief score and oral argument scores from the two preliminary rounds. The winning team represents the law school in the National Environmental Moot Court Competition. This course is graded on a credit/no credit basis. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]

ESTATE PLANNING AND DRAFTING Lawrence Brody
W74-628A sec 01
(3 hrs)
WED 4:30 - 6:00 p.m. and FRI 8:30 - 10:00 a.m.
Enrollment limit: 20
As the name indicates, this is an applied estate planning course where students will have the chance to use a computerized drafting system to draft all or a portion of the various legal documents used in the estate planning process, including a simple will, a marital will, a revocable trust, a revocable insurance trust, an irrevocable insurance trust, an irrevocable inter vivos trust, a durable power of attorney, and a living will. In addition, the course involves consideration of a number of sophisticated planning situations and an understanding of the transfer tax provisions of the Internal Revenue Code and Regulations, as well as techniques necessary for the acquisition of a moderate level of expertise in the field. Class time will be devoted to a discussion of the planning techniques; some non-class time will be devoted to watching videotapes on how to use the drafting system and its use to draft documents. A small portion of the grade in the course will be based on the drafting assignments and student participation in class meetings; the majority of the grade will be based on a final examination (focusing on the planning concepts discussed in class). Attendance and preparation are expected and lack thereof is likely to have an adverse effect on the "participation" portion of the grade and on what the examination will cover. Readings for each class hour will be rather substantial because of the advanced level of the course and may, on occasion, be as much as 30 or 40 pages. In addition, students are expected to make considerable use of estate planning form books, which can be found in the library. Pre/corequisite: Estate & Gift Taxation. Trust & Estates, while not required, would provide useful background information. (This course is also open to Graduate Tax students.)

INTELLECTUAL PROPERTY LICENSING
Charles McManis
W75-530C sec 01
(3 hrs)
TUE THU 3:00 - 4:30 p.m.  (Note 2nd change in time)
Enrollment limited: 24
This course will explore the process of intellectual property licensing, as elaborated in the casebook for the course, Port, McManis, McElwee & Hammersley, Licensing Intellectual Property in the Digital Age (Carolina Academic Press 1999). The main focus of the course will be a series of weekly problems dealing with various legal and business issues (such as IP audits, negotiating strategies, valuation, multimedia licenses, antitrust, tax, international, and bankruptcy issues) involved in intellectual property licensing. While the course has no formal prerequisites, the consent of the instructor is required to enroll, and preference will be given to students who have completed or are enrolled in one or more of the introductory intellectual property courses. The course will not duplicate (and in fact will serve as a complement to) the current "Intellectual Property and High Technology Planning and Drafting" course, which provides intensive training in drafting of software licenses. (NOTE: IP and High Tech Planning and Drafting has been cancelled. Adjunct Professor Chip Fendell will co-teach this course with Prof. McManis. It will be, in effect, a substantive combination of the course descriptions of IP & High Tech Planning & Drafting, which was cancelled, and IP Licensing) (In addition to registering online for this course students will be required to submit an e-mail no later than Friday, November 17, 2000, to Prof. McManis, at mcmanis@wulaw.wustl.edu, describing their intellectual property background, such as course work and/or experiences. Prof. McManis will notify interested students and the Registrar's Office once he has selected the students being allowed to register for the course. After Friday, November 17, 2000, each student wishing to add the course will be required to first contact Prof. McManis for permission to be registered or added to the waitlist.)

INTELLECTUAL PROPERTY MOOT COURT: PATENTS & COPYRIGHTS Charles McManis
W75-606M sec 01
(2 hrs)
Enrollment limit: 6
Students (2Ls and 3Ls) will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Giles Sutherland Rich Regional Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal prerequisites or corequisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in patent- or copyright-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]

INTELLECTUAL PROPERTY MOOT COURT: TRADEMARKS & UNFAIR COMPETITION Charles McManis
W75-606N sec 01
(2 hrs)
Enrollment Limit: 6
Students (2Ls and 3Ls) will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Saul Lefkowitz Brand Names Regional Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal prerequisites or corequisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in trademark-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]

INTERNATIONAL MOOT COURT TEAM Leila Sadat 
W75-612S sec 01
(2 hrs)
Enrollment limit: 5
Students will be selected for the International Moot Court Team by fall tryouts open only to 2L's. (Information about tryouts will be distributed to students at the beginning of the school year.) The team will work together to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Regional, and potentially National and International competition. The course grade is credit/no credit; one credit hour posted in the fall semester, and the other credit hour posted in the spring semester. The team also will function as a board and run the tryouts for the following year. Pre/corequisite (subject to waiver by special permission of instructor): International Law. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]
 

MOCK TRIAL (see TRIAL ADVOCACY COMPETITION)
 

PATENT DRAFTING Grant Kang / John Kepler 
W74-623A sec 01
(3 hrs)
TUE THU 4:30 - 6:00 p.m.
Enrollment limit: 24
Students will prepare and prosecute patent applications. Activities will include studying the results of [conducting] patent searches and preparing patentability opinions; drafting patent applications; preparing responses to official office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. A background in engineering and business is highly recommended.

PRETRIAL PRACTICE AND PROCEDURE
(EMPLOYMENT LITIGATION) Pauline Kim
W74-658N sec 01 TUE 4:00 - 7:00 p.m. - Mark Rudder
W74-658N sec 02 TUE 5:00 - 8:00 p.m. - Hon. Thomas Mummert
W74-658N sec 03 WED 3:00 - 6:00 p.m. - Michael Ferry 
W74-658N sec 04 WED 4:00 - 7:00 p.m. - Kate Denner
W74-658N sec 05 WED 3:00 - 6:00 p.m. - Jim Nowogrocki (new section)
Enrollment limit: 12 per section
(3 hrs)
This course will focus on developing the skills necessary for effective client representation at the pretrial stage of litigation, from the initial interview through settlement negotiations, in the context of employment litigation. The drafting and in-class simulation exercises are centered around two principal cases -- both dealing with allegedly unlawful job terminations. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills, as well as the ability to analyze the factual situations presented under the appropriate substantive laws. Thus, students should expect to do some legal research throughout the semester in order to learn and correctly apply the relevant employment laws. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are also expected to participate in simulations of the lawyering process in class each week. The course will be graded on a modified pass/fail basis (HP90, P, LP74, F65). Grades will be based on performance on written assignments, in-class simulations and participation in class discussion. Each section of the class, each limited to a maximum of 12 students, will meet separately throughout the semester. Please note that each section is an independent class which meets at a different time with a different instructor or instructors. Course work in Professional Ethics, Evidence, Employment Law and Employment Discrimination may be helpful if taken before or simultaneously with this course, but are not prerequisites.

WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER TUESDAY, JANUARY 2, (i.e., any time after midnight on that date), YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a Fail (65).

TRIAL PRACTICE & PROCEDURE Katherine Goldwasser
W74-597M sec 01 
(3 hrs)
MON 5:00 - 6:00 p.m. and THU 6:00 - 8:00 p.m.
(all students are expected to meet at both times listed)
Enrollment limit: 48
This course focuses on the trial phase of litigation from the perspective of a practicing attorney. The first part of the course will be devoted to learning about and performing various aspects of the trial of a lawsuit, including the development of a theory and theme, jury selection, opening statement, direct and cross-examination of lay witnesses and experts, the use and introduction of real and demonstrative evidence, and closing argument. Toward the end of the semester, students will prepare for and conduct a complete trial. Required work for the course will include both reading and written assignments. Students also will be required to prepare extensively for simulations. The class will meet once a week for at least three (and sometimes up to three and one half) hours. For approximately one hour of that time, the entire class will meet with Professor Goldwasser and at least one of the adjunct professors. For the remainder of the time, students will meet in small groups with the adjunct professors. The course will be graded on a modified pass/fail basis (HP90, P, LP74, F65). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion. Regular attendance is required. Prerequisite: Students must have completed Evidence prior to taking this course; Pretrial is not a prerequisite for Trial.
WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Trial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER TUESDAY, JANUARY 2, (i.e., any time after midnight on that date), YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a Fail (65).

TRIAL ADVOCACY COMPETITION 
Hon. David Mason & Mark Rudder
W75-703A sec 01
(2 hrs)
Enrollment limited: 6
Upperclass students in good standing are eligible to try-out for the trial team. Try-outs take place during the fall semester; try-out information is distributed to students by the Clinical Program Office, Room 589. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.]