Office of the Law School Registrar:
Course Directory:
GENERAL UPPERCLASS COURSES - Fall 1999


ADMINISTRATIVE LAW
Ronald Levin

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.

ANTITRUST
John Drobak

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.

BANKRUPTCY 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.

CHILDREN AND THE LAW
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.

CONFLICT OF LAWS
Susan Appleton

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.

CORPORATIONS
Joel Seligman

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.

CORPORATIONS
Robert Thompson

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
Richard Kuhns

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.

ENVIRONMENTAL LAW
Maxine Lipeles

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
Peter Wiedenbeck

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.

EVIDENCE
Jane Aiken

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
Peter Wiedenbeck

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/

IMMIGRATION LAW
Stephen Legomsky

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.

INSURANCE
Neil Bernstein

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 examination.

INTERNATIONAL CRIMINAL LAW
Leila Wexler

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 take-home exam.

INTERNATIONAL LAW
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.

INTERNATIONAL ORGANIZATIONS
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 written assignment.

LABOR LAW I
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.

LEGAL PROFESSION
Robert Kuehn

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.

LEGISLATION
Ronald Levin

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.

NONTRADITIONAL PERSPECTIVES
Barbara Flagg

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.

PRODUCTS LIABILITY
Dorsey Ellis

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

W74-565L sec 01(3 hrs)

WED FRI 9:30 - 11:00 a.m.

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.

REGULATION OF TOXIC & HAZARDOUS SUBSTANCES
Maxine Lipeles

W74-714A sec 01(3 hrs)

WED 5:30 - 8:00 p.m.

Examination of federal regulatory programs governing the introduction into the marketplace and the handling of toxic and hazardous substances. Statutory programs to be covered will include the Toxic Substances Control Act; the Federal Insecticide, Fungicide, and Rodenticide Act; the Emergency Planning and Community Right to Know Act; the Hazard Communication Standard; and various programs concerning asbestos. "Toxic torts", or claims of personal injuries related to exposure to toxic and hazardous substances, will also be addressed. [This course is crosslisted with E64-534 in the department of Civil Engineering and will not meet in Anheuser-Busch Hall.]

SECURITIES REGULATION
Robert Thompson

W74-569 sec 01(3 hrs)

MON TUE THU 9:00 - 10:00 a.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.

SOCIAL SCIENTIFIC RESEARCH FOR LAWYERS
Lee Epstein

W74-551A sec 01(3 hrs)

WED 12:00 - 2:00 p.m.

Enrollment limited

The purpose of this course, taught by a member of the Political Science faculty, 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 will be required to write a paper. There will be no final exam.

STATE AND LOCAL GOVERNMENT
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, §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. There is an open book examination.

THEORY OF PROPERTY RIGHTS
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.

TRUSTS AND ESTATES
Frances Foster

W74-575H sec 01(3 hrs)

MON TUE THU 10:00 - 11:00 a.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; Fiduciary Administration; and Probate Avoidance. 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.

UNFAIR TRADE PRACTICES
Charles McManis

W74-586 sec 01(3 hrs)

MON TUE THU 10:00 - 11:00 a.m.

This course will study the law of deceptive advertising, trademarks and trade names, trade secrets and ideas, the common law right of publicity and commercial applications of the law of copyright. Class discussion will focus not only on cases but also on practical problems, for some of which a written answer may be required. These written problems and a part objective, part essay final exam will constitute the basis for final grades in this course. Regular class attendance and preparation are required.