Office of the Law School Registrar
Course Directory:
Spring 1999 Upper Level Courses
General Courses


ADVANCED EVIDENCE Kuhns

W74-690A sec 01 (3 hrs)
TUE, WED, THU 12:00 - 1:00

Devices for regulating the process of proof (e.g., burdens of proof, presumptions, judicial notice), the meaning of proof, and other selected topics.

BIOETHICS AND LAW Dresser

W74-593A sec 01 (3 hrs)
MON TUE WED 12:00 - 1:00

An examination of 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 biomedical research. There are no prerequisites for this course. Grade is based on class participation, short presentations, and performance on take-home examination. This course is not a part of the ethics curriculum.


BUSINESS PLANNING & DRAFTING: THE DEAL, A PRACTICE-ORIENTED APPROACH TO COMPLEX BUSINESS TRANSACTIONS
Adjunct Professor Robert L. Newmark

W74-583F (3 hrs)
TUE 8:00-9:00 a.m. & FRI 4:00-6:00 p.m.
Enrollment limit = 20
Pre- or Co-requisite: Corporations

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.

COMPARATIVE LAW Wexler

CANCELED

CONFLICT OF LAWS Appleton

W74-536 sec 01 (3 hrs)
WED 1:00-2:30 and FRI 11:00-12:30
(It is anticipated that on a few occassions, the Friday class will be re-scheduled to MON 1:00-2:30)

Minimum Enrollment: 25
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. The course will emphasize conflicts of laws among the American states; because of time constraints, the coverage of international conflicts will be limited and that of federal-state conflicts will be minimal. 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

CONSTITUTIONAL LAW II Flagg

W74-609C sec 01 (4 hrs)
TUE, THU 4:00 - 6:00

Enrollment limit: 36
This course will examine judicial interpretations of the Fourteenth Amendment. Topics to be covered 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 will emphasize the acquisition of analytic skills and techniques of constitutional argumentation. A significant portion of the semester will be spent doing small group oral and written exercises; therefore regular attendance, preparation and participation are mandatory. The final grade will be based on written assignments, including briefs and judicial opinions, class participation, and a final examination. Students may be asked to grade their own work in some instances.

CONSUMER TRANSACTIONS Greenfield

W74-589A sec 01 (3 hrs)
MON TUE THU: 11:00 - 12:00

This course examines all stages of consumer transactions, from formation to enforcement. Separate units are devoted to misrepresentation, disclosure, warranty, usury, unconscionability, debt collection practices, repossession, consumer remedies, and others. The unique value of this course is that it examines how several subjects traditionally studied as distinct areas of law actually interrelate with one another to govern a particular type of transaction. Thus, the course draws on and extends your knowledge of contracts, torts, commercial law, agency, procedure, etc. There are no prerequisites.

CORPORATE AND WHITE COLLAR CRIME Brickey

CANCELED

CORPORATE TAXATION Wiedenbeck

W74-648A sec 01 (3 hrs)
TUE, THU 10:00 - 11:00 + WED 9:00 - 10:00

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 Income Tax before taking this course. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a final examination (which may be a take-home exam). Additional course information is available on the Web at http://ls.wustl.edu/~wiedenbp/

CORPORATIONS Milhaupt

CANCELED

CRIMINAL JUSTICE ADMINISTRATION II Visiting Professor Bill Schroeder

W74-580B sec 01 (3 hrs)
TUE, THU 2:30 - 4:00

Study of the law governing the processing of a criminal case once formal charges are brought. Topics to be examined include right to counsel, bail, prosecutorial charging discretion, discovery, double jeopardy, guilty pleas, and the accused's trial-related (jury, confrontation, and compulsory process) rights. Regular attendance and participation are expected. There will be a final exam. Criminal Justice Administration I is not a prerequisite for this course.

CYBERSPACE & THE LAW Visiting Professor Nicolas Terry

W75-501A sec 01 (2 hrs)
THU 8:00-10:00

Enrollment is limited to 60 students.

NOTE:The first day of class for Cyberspace and the Law will be Tuesday, January 5, in the Bryan Cave Moot Courtroom. The class will not meet on Thursday, January 7, due to the American Association of Law Schools conference which will take place the first week of January. After that first week, the class will resume its usual schedule of meeting on Thursday from 8:00-10:00 a.m. in Room 401.

This course focuses on the legal issues confronting participants in Cyberspace. Whether viewed as Virtual Space, the Internet or simply the Web, Cyberspace promotes a most challenging interaction of law, public policy, technology and markets. In a provided context of cyber culture, practice and technology this course examines the key contemporary procedural and substantive issues including jurisdiction, governmental regulation of pornography and indecency, privacy, intellectual property and evolving Internet commerce. Regular attendance and class participation are required. There will be a final exam.

Note:Students should be aware that there is no hard copy text for the Cyberspace Law class. All reading materials and assignments are available on the web and are linked from the course home page. Some but not all of the materials are traditional case and law review materials and may be available in hard copy in the law library.



EMPLOYMENT DISCRIMINATION Tokarz

W74-590A sec 01 (3 hrs)
TUE, THU 1:00 - 2:30

This course will address 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. SS 1981. There will be considerable discussion and analysis of recent U.S. Supreme Court employment discrimination cases. Students will be encouraged to participate in class discussions. Specific topics will include hiring, promotion, and termination policies, reasonable accommodation, bona fide occupation qualifications, affirmative action, stereotyping, and harassment. The exam will be a take-home exam. Attendance policy will be discussed in the first class.

EMPLOYMENT LAW Bernstein

W74-613 sec 01 (3 hrs)
MON, TUE, THU 11:00 - 12:00

This course will cover the law of the employment relationship in the non-unionized workplace. We will begin with the traditional employment at will doctrine and will then examine various common law doctrines, based on both contract and tort principles, which have eroded the presumption of at-will employment. We will also cover issues such as testing, surveillance and other privacy and dignitary concerns in the workplace. In the latter half of the semester we will examine the various statutory schemes which regulated the employment relationship, such as laws relating to minimum wage and maximum hours, unemployment insurance, workers' compensation and health and safety. This course will not cover laws dealing with union-management relations, nor any of the various statutes prohibiting employment discrimination. The final grade is based upon a multiple choice examination supplemented by a bonus for regular attendance and preparation.

ESTATE AND GIFT TAXATION Jones

W74-629C sec 01 (3 hrs)
MON, WED, FRI 10:00 - 11:00

A study of the impact and operation of federal estate, gift and generation-skipping transfer taxes on the gratuitous transfer of property during life and at death. The course also provides a brief introduction to income tax issues related to estates and trusts.

ETHICS OF LAWYERING IN GOVERNMENT Clark

W74-722A sec 01 (3 hrs)
MON mornings, FRI afternoons

For 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 Kuhns

W74-547B sec 01 (3 hrs)
TUE, THU 10:00 - 11:00 + WED 9:00 - 10:00

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 Joondeph

W74-549I sec 01 (4 hrs)
MON, TUE, THU, FRI 9:00 - 10:00

This course presents a survey of the present federal taxation of individuals, covering the nature of income, the timing of taxation, the attribution of income, exclusions from the tax base, deductions, credits, and the system of depreciation (ACRS). The course is taught using a casebook and a supplement containing relevant portions of the Internal Revenue Code and accompanying regulations. There will be a four hour timed examination.

JAPANESE LAW Milhaupt

CANCELED

LABOR LAW II N. Bernstein

W74-585 sec 01 (3 hrs)
TUE, THU 2:30 - 4:00

Examination of enforcement of collective bargaining agreements, rights and duties of labor unions, rights of individual employees. Open only to students who have successfully completed Labor Law I. Three hour multiple choice examination.

LAND USE LAW Mandelker

W74-615 sec 01 (3 hrs)
TUE, THU 1:00 - 2:30

This course considers the land use planning and regulation system. After considering 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, aesthetic controls and environmental land use regulation. There is an open-book examination.

LEGAL PROFESSION Joy

W74-563U sec 01 (3 hrs)
TUE, THU 2:30 - 4:00

Practicing lawyers face ethical dilemmas every day. 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." The overarching goal of this course is to help prepare you for the ethical dilemmas you will face as a practicing lawyer. 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 partner-ships, 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 will also 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, take a final take-home exam, and complete a shorter final exam at the law school.

LIABILITY INSURANCE COVERAGE Cannon

W74-525A sec 01 (3 hrs)
WED 4:00 - 7:00

This course will offer an in-depth treatment of the basic liability insurance contract marketed to American business, with a particular -- but far from exclusive -- focus upon insurance coverage disputes arising out of environmental and toxic tort claims. These disputes are legion throughout the United States, often involve claims for staggering sums of indemnification and defense benefits, and at their core, pose a major public policy question: Who should ultimately pay for the costs of cleaning up the nation's hazardous waste sites and for compensating the victims of mass industrial torts? The course will also consider the central, and often peculiar, role played by liability insurance contracts (and by coverage controversies arising under those contracts) in the resolution of disputes involving, inter alia, products liability, construction contracting, and professional liability. The course is intended to provide participants with a highly topical and practical context in which to examine in detail the rights, obligations and potential liabilities of insurers and insureds under liability insurance contracts. The grade for the course will be based on class attendance and participation and a final examination.

NONTRADITIONAL PERSPECTIVES Flagg

W74-649A sec 01 (3 hrs)
TUE, THU 1:00 - 2:30

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 3-5 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.

PASS THROUGH BUSINESS TAXATION: PARTNERSHIPS AND LIMITED LIABILITY COMPANIES Wiedenbeck

W74-581E sec 01 (3 hrs)
TUE, THU 2:30 - 4:00

This course involves an intensive study of the federal tax treatment of partnerships and limited liability companies. The income of these enterprises is taxed directly to the business owners as it is earned, whether or not it is distributed. Topics covered will include the tax consequences of business organization, profit and loss allocations among owners, transactions between owners and the firm, sales of ownership interests, distributions to owners, and partial and complete liquidations of ownership interests. The pass-through tax regime will be compared with the tax treatment of sole proprietorships, regular and small business corporations (i.e., C and S corporations), and important issues in business tax policy will be explored. Students will work extensively with Subchapter K of the Internal Revenue Code and the regulations thereunder. The course will be taught from a casebook and a statutory pamphlet, by a combination of case and problem methods. Federal Income Taxation is not a prerequisite for this course, but 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. The course grade will be based predominately on a final examination (which may be a take-home exam). Additional course information will be posted on the Web at http://ls.wustl.edu/~widenbp/

PATENT AND TRADE SECRET LAW McManis

W74-623B sec 01 (3 hrs)
MON, WED, FRI 1:00 - 2:00

This course will focus on federal patent law and related bodies of state, foreign, and international law governing the protection of inventions, plant varieties, industrial designs, and trade secrets. The course materials will included cases, statutes, international agreements, and hypothetical problems. Regular class attendance and preparation are expected. The grade in the course 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.

SECURITIES REGULATION Thompson

W74-569 sec 01 (3 hrs)
MON, TUE, THU 9:00 - 10:00

The primary focus of this course will be the regulation of capital formamtion 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 interpretrations 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. The grade for the course will be determined by a timed exam with both objective and essay components.

TRUSTS AND ESTATES Foster

W74-575H sec 01 (3 hrs)
MON, TUE, THU 11:00 - 12:00

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.

WHITE COLLAR CRIMINAL PRACTICE Adelman/Crowe

W74-642A sec 01 (2 hrs)
WED 5:00 - 7:00 p.m.

Enrollment is limited to 46 students. This course will cover general white collar crime, including consumer fraud, health care fraud, tax fraud, securities fraud, election fraud and official corruption. It will be taught by one experienced white collar crime prosecutor and a federal magistrate judge (former white collar crime prosecutor) and will accentuate the practical as well as the legal aspects and methods of prosecuting and defending white collar crime. It will be the instructors' aim to make the course as practical as possible, concentrating on actual situations and trials encountered by them in their practices and publicized in the media. Students will write a paper instead of taking a final exam.