Office of the Law School Registrar:
Course Directory:
Spring 1999 Upper Level Courses
Applied Lawyering Skills


ALTERNATIVE DISPUTE RESOLUTION Aiken

W74-641G sec 01 (3 hrs)
MON 1:00 - 3:00

Enrollment limit: 20
Although positional negotiation and litigation have long been considered the predominant methods of dispute resolution, they often do not produce the best results. This course presents an overview of alternative methods of dispute resolution (ADR) and the factors to consider when selecting a method. The course will focus primarily on the basic processes of negotiation and mediation, with some attention to arbitration, ombudsmen, med-arb, mini-trial, and private and court-sponsored ADR. This course will address the theory, practice, and ethics of ADR. Students can expect to participate in in-class discussions and demonstrations, as well as out-of-class simulations. The class will meet once each week during the semester for two hours each session. Students’ grades will be determined by their performance on short papers and simulated exercises, and participation in class discussions. Attendance and preparation are both required. There are no prerequisites for this class.

ALTERNATIVE DISPUTE RESOLUTION Tokarz

W74-641F sec 01 (3 hrs)
MON 1:00 - 3:00

Enrollment limit: 20
Although positional negotiation and litigation have long been considered the predominant methods of dispute resolution, they often do not produce the best results. This course presents an overview of alternative methods of dispute resolution (ADR) and the factors to consider when selecting a method. The course will focus primarily on the basic processes of negotiation and mediation, with some attention to arbitration, ombudsmen, med-arb, mini-trial, and private and court-sponsored ADR. This course will address the theory, practice, and ethics of ADR. Students can expect to participate in in-class discussions and demonstrations, as well as out-of-class simulations. The class will meet once each week during the semester for two hours each session. Students’ grades will be determined by their performance on short papers and simulated exercises, and participation in class discussions. Attendance and preparation are both required. There are no prerequisites for this class.

CONSTRUCTION LAW: PRACTICE AND DRAFTING ISSUES IN DEVELOPMENT, DESIGN AND CONTRACTING Colagiovanni

W74-710A sec 01 (2 hrs)
MON 6:00 - 8:00

Enrollment limit: 12
The focus of this 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. [Students can register for this course during on-line registration in November of 1998.]

ENVIRONMENTAL MOOT COURT Lipeles

W75-605S 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.

ESTATE PLANNING AND DRAFTING Brody

W74-628A sec 01 (3 hrs)
WED 4:30 - 6:00 + FRI 8:40 - 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/co-requisite: Estate & Gift Tax, Trust & Estates, while not required, would provide useful background information.

INTELLECTUAL PROPERTY AND HIGH TECH PLANNING AND DRAFTING Fendell/Upchurch

W74-711B sec 01 (3 hrs)
TUE, THU 4:00 - 5:30

Enrollment limit: 20
Identifying issues and drafting legal documents concerning intellectual property and technology licensing and litigation (including, specifically, computer related issues and documents). Documents include licenses, assignments and various litigation documents. The particular requirements for documents in each branch of intellectual property are stressed. The course highlights both procedural and substantive aspects of protecting intellectual property. Students enrolled in the course will find it helpful to have had or be enrolled in Intellectual Property Law, Copyright and Related Rights, Patent and Trade Secret Law, and/or Unfair Trade Practice.

PATENT DRAFTING Kepler/Kang

W74-623A sec 01 (3 hrs)
TUE, THU 4:00 - 5:30

Enrollment limit: 12
Students will prepare and prosecute patent applications. Activities will include conducting patent searches and patentability opinions; drafting patent application claims; preparing responses to official office actions; and confronting intellectual property issues related to applications. A background in engineering is highly recommended.

PRETRIAL PRACTICE AND PROCEDURE (EMPLOYMENT LITIGATION) Kim

W74-658N sec 01 TUE 3:00 - 6:00 (Pauline Kim, Associate Professor, WUSL)
W74-658N sec 02 WED 3:00 - 6:00 (Michael Ferry, Staff Attorney, Legal Services of Eastern Missouri)
W74-658N sec 03 WED 4:30 - 7:30 (Donna Harper, Senior Lead Trial Attorney, EEOC)
W74-658N sec 04 TIME/DAY TBA (TBA)

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. The drafting and in-class simulation exercises are centered around two principal cases -- both dealing with allegedly unlawful job terminations. In addition to practicing traditional litigation skills, such as drafting pleadings, arguing motions and taking depositions, we will also explore ethical and policy issues surrounding the lawyer's role in resolving disputes and the use of various forms of alternative dispute resolution. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are expected to be prepared to discuss the assigned readings, as well as to participate in simulations in class each week. The course is graded numerically. Grades will be based on performance on written assignments, in-class simulations and participation in class discussion. The four sections 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. Coursework 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 FOR PRETRIAL:
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 new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AS OF MONDAY, DECEMBER 28 (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 (65 - 100) FOR THE COURSE.

PRETRIAL PRACTICE AND PROCEDURE Norwood

W74-658L sec 01 TIME/DAY TBA (TBA) (3 hrs)
W74-658L sec 02 THU 1:00 - 4:00 Tammy Walsh
W74-658L sec 03 THU 5:30 - 8:30 Jeffrey Hunt
W74-658L sec 04 TIME/DAY TBA (TBA)

Enrollment limit: 12 per section
This course covers the pretrial phase of civil litigation -- from client contact through final trial preparation and settlement negotiation. During the course of the semester students will "litigate" two personal injury actions. While most work will be individual, students sometimes will work in teams. There will be written assignments, such as pleadings, discovery requests and settlement documents. Students will be required to prepare extensively for the simulations. The course is graded numerically. The final grade will be determined by the student's performance on written assignments, simulations, and participation in class discussions. A course from the ethics curriculum and Evidence may be helpful if taken before or simultaneously with this course but are not prerequisites.
WITHDRAWAL POLICY FOR PRETRIAL:
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 new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AS OF MONDAY, DECEMBER 28 (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 (65 - 100) FOR THE COURSE.

REORGANIZATION Palans, Schermer

W76-606A sec 01 (3 hrs)
MON 3:00 - 5:00
Enrollment limit: 20

(BUSINESS REORGANIZATIONS UNDER CHAPTER 11) This course will be taught jointly by United States Bankruptcy Judge Barry Schermer and Lloyd Palans of Bryan Cave. The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. Using a single hypothetical reorganization as a backdrop, the instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for two hours each session. Students' grades will be determined by their performance on simulated exercises and written assignments and by their participation in class discussion. Attendance and preparation are both required. Students who have not taken the basic Bankruptcy course may enroll, but they will be at a marked disadvantage to those students who have. Taking the basic Bankruptcy course concurrently with this seminar will not significantly reduce that disadvantage.

TRIAL PRACTICE AND PROCEDURE Aiken

CANCELED

TRIAL PRACTICE AND PROCEDURE Goldwasser

W74-597M sec 01 (3 hrs)
THU 4:00 - 7:00

Enrollment limit: 48
Study of 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 will also 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 (high-pass, pass, low-pass, fail). 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 FOR TRIAL:
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 new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AS OF MONDAY, DECEMBER 28 (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 high-pass, pass, low-pass, or fail) FOR THE COURSE.