W74-530A sec 01(3 hrs)
MON TUE THU 10:00 - 11:00 a.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.
W74-611C sec 01(3 hrs)
MON TUE THU 11:00 a.m. - 12:00 p.m.
Antitrust teaches the legal principles that are used in an attempt to make
the market system work. 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. To put antitrust
in perspective, the course will emphasize historical development, economic theories
and enforcement trends. The substantive law taught in the course will cover
horizontal restraints among competitors, vertical restraints between manufacturers
and dealers, monopolization and mergers. Economic principles will be examined
in the course under the assumption that the students have not studied economics
prior to taking the course. Attendance and preparation are expected. There will
be a three hour essay examination.
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.
CHILDREN AND THE LAW
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.
CONFLICT OF LAWS
W74-536 sec 01(3 hrs)
TUE THU 3:00 - 4:30 p.m.
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. You
will find the reading assignments and class discussion in this course largely
theoretical, composed primarily of case law and scholarly writings with few
statutory references. Much of the analysis in this area is necessarily policy-oriented;
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 significance,
and I recommend Conflicts for anyone intending to practice law. The reading
assignments will be substantial but not unusually extensive. We shall cover
almost the entire casebook plus a few supplementary cases. Regular class attendance
and participation are required. Students missing an excessive number of classes
(more than a number equivalent to 3 weeks of class) will be required to withdraw
from the course. Conflict of Laws provides an excellent review of a number of
substantive courses as well as Civil Procedure. I recommend that students enrolled
in this course have a working knowledge of individual constitutional rights
and liberties (now covered in Constitutional Law II); studying Conflicts and
Constitutional Law II during the same semester would satisfy the recommendation.
NOTE: This course is not scheduled to be offered in 2000-2001, so interested
students should plan to take it this year.
W74-538L sec 01(3 hrs)
MON 5:00 - 6:30 p.m. and TUE 4:30 - 6:00 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 securities fraud rules such as Rule 10b-5 and the proxy (or voting) rules.
There will be a final exam.
W74-538 sec 01(4 hrs)
MON TUE THU FRI 11:00 a.m. - 12:00 p.m.
This course covers: the structure and characteristics of modern business associations
including publicly-held companies and closely-held ventures; the creation and
organization of corporations; the distribution of corporate power between management
and shareholders with emphasis on fiduciary duties of directors, officers and
controlling shareholders; the effects of federal law on corporations, particularly
Rule 10b-5. In addition to traditional case law analysis, this course also attempts
to develop skills in statutory construction through regular application of the
Model Business Corporation Act and in giving clients prospective advice as to
planning and structuring corporate transactions. Regular attendance and preparation
are expected. The exam will be timed, with objective and essay components.
CRIMINAL JUSTICE ADMINISTRATION I
W74-542B sec 01(3 hrs)
TUE WED THU 8:00 - 9:00 a.m.
Issues of constitutional criminal procedure with primary focus on the right
to counsel, searches and seizures, and confessions.
W74-614B sec 01(3 hrs)
MON TUE THU 9:00 - 10:00 a.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.
ERISA & EMPLOYEE BENEFITS
W74-598A sec 01(3 hrs)*
MON TUE THU 12:00 - 1:00 p.m.
This course is an in-depth study of the labor law regulation of employee benefit
plans under the Employee Retirement Income Security Act of 1974 (ERISA). A substantial
portion of the course will be devoted to the study of health and welfare benefit
plans, including analysis of judicial decisions interpreting and applying ERISA’s
disclosure, fiduciary responsibility, enforcement and preemption provisions.
The treatment of executive deferred compensation arrangements under the tax
law and ERISA will be examined. As time permits, ERISA’s major pension plan
content requirements (such as the rules governing plan participation, vesting,
and spousal rights) will also be introduced. The course will be taught from
a casebook and statutory pamphlet. Students will work extensively with ERISA
and related provisions of 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 final examination, which is likely to
be a 24-hour take-home exam. Federal Income Taxation is not a prerequisite for
this course; students who have not taken Federal Income Taxation should not
be significantly disadvantaged. Additional course information is available on
the web at– http://ls.wustl.edu/~wiedenbp/
* Note well: Students who have previously taken Pensions & Tax-Favored
Savings are allowed to take this course, but because there is some overlap in
the subject matter those students (i.e., students who received credit for the
Pensions course) will be awarded only 2 hours of additional academic credit
for this course.
W74-547L sec 01(3 hrs)
MON TUE THU 12:00 - 1:00 p.m.
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.
FEDERAL INCOME TAX
W74-549G sec 01(4 hrs)
MON TUE WED THU 2:00 - 3:00 p.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. Additional course information is
posted on the web at- http://ls.wustl.edu/~wiedenbp/
W74-630 sec 01(3 hrs)
MON TUE THU 9:00 - 10:00 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 deportation 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.
W74-552 sec 01 (3 hrs)
MON TUE THU 11:00 a.m. - 12:00 p.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
INTERNATIONAL CRIMINAL LAW
W74-713A sec 01(3 hrs)
MON TUE THU 12:00 - 1:00 p.m.
Can war be restrained by law? Should "war criminals" be prosecuted?
The answer, in part, is provided by the study of international criminal law,
a growing field at the intersection of international law and domestic criminal
law. As a matter of substantive law, this year we will concentrate on war crimes,
aggression and serious violations of international humanitarian law, but will
also, time permitting, examine other crimes such as slavery, terrorism and drug
trafficking. Procedural coverage will focus particularly on the practical and
legal problems in apprehending alleged war criminals and getting them to trial
through methods that range from formal extradition to kidnaping. The course
will begin with the Hague Conferences and Nuremberg, and their contributions
to international humanitarian law, take up the cases being decided by the Rwanda
and Yugoslavia ad hoc Tribunals, and analyze the permanent international criminal
court established last summer by Treaty conference in Rome. There will be a
mix of statutory, constitutional, treaty, customary international law, case
law, and policy-oriented and philosophical materials. The final will be a 24-hour
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
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 written assignment.
LABOR LAW I
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.
W74-563V sec 01(3 hrs)
WED FRI 9:30 - 11:00 a.m.
This course is part of the ethics curriculum. The course focuses
on the ethical problems confronting a practicing attorney, with particular emphasis
on issues arising in litigation. It will cover issues of competence, confidentially,
client loyalties and conflicts of interest, the limits of zealous advocacy,
the problems of government lawyers, and advertising and solicitation.
W74-601 sec 01(3 hrs)
MON TUE THU 1:00 - 2:00 p.m.
In most law school courses, judge-made law is the center of attention. In real-world
settings, however, lawyers frequently find themselves spending more time working
with statutes than with case law. In order to equip students to survive in our
so-called "age of statutes," this course attempts to shed light on
legislation and the processes that give rise to it. The first half of the course
will examine legal rules that govern the legislature, including such topics
as lobbying regulation, campaign finance regulation, bribery statutes, ethics
rules, open meetings laws, the line-item veto, and judicial review of legislative
decision making procedure. The second half of the semester will be a more straightforward
doctrinal unit, examining the ways in which legislation is implemented in the
courts. The primary focus will be on principles of statutory construction. Students
will acquire a working knowledge of the uses and abuses of canons of construction,
legislative history materials, and other tools that lawyers and judges employ
as they try to make sense of legislation. Regular attendance and preparation
will be expected, and sanctions may be imposed on egregious offenders. The course
grade will be based on a timed exam. It is expected that this course will
not be offered in 2000-2001, so students with a strong interest in it should
take it this year.
W74-649A sec 01(3 hrs)
TUE THU 4:30 - 6:00 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.
W74-624D sec. 01(2 hrs.)
TUE THU 1:00 - 2:00 p.m.
This course explores the liability of manufacturers, distributors, and sellers
of products for alleged defects in design or manufacture or in instructions
or warnings concerning the products’ use. Particular attention will be directed
to the recently adopted Restatement (3rd) of the Law of Torts: Products Liability.
There will be an attendance policy. Class participation will be expected. There
will be a final exam.
REAL ESTATE TRANSACTIONS
Alexander "Sandy" Meiklejohn