Office of the Law School Registrar
Course Directory

APPLIED LAWYERING SKILLS 
Fall 2002


updated 12/14/2004

 

Advanced Legal Research

 Phil Berwick

W74 523B SEC 01              (2 hours)                                                 MON 12:00-1:00 and WED 3:00-4:00 (Note that these are new days/times)

 Enrollment limit: 32

Open only to students who took first-year LRW during the 2000-2001 (or a prior) school year. 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%). [Note: Students who took LRW in 2001-2002 will be offered an Adv Legal Research course during the 2003-2004 school year that is updated to reflect the recent changes in the first-year LRW course.]

 

Alternative Dispute Resolution (see Mediation Theory & Practice)

 

Business Planning & Drafting: The Deal

John Hull / Robert Newmark

W74 583F SEC 01 (3 hours)
TUE 7:55 - 8:45 AM and THU 4:30 - 6:30 PM
(not TUE 8:00-9:00 AM)
Enrollment limit: 40

Pre/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 closely-held business. Students will be exposed to legal issues involved with a letter of intent, tax and other structuring 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 several drafting assignments, in-class negotiation sessions, and general class participation. Students will be divided early in the semester 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.

IP Entertainment Law Planning & Drafting 

Michael Kahn / Jeff Michelman / Donna Schmitt

W74 528B SEC 01              (3 hours)           MON WED 5:30 - 7:00 PM Enrollment limit: 20

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. Students enrolling in the course will find it helpful to have had, or be enrolled in, Copyright and Related Rights and/or Patent Law.

IP

Intellectual Property Licensing: Intellectual Property and E-Commerce Planning & Drafting

Charles Fendell / Dennis Kennedy

W75 530D SEC 01         (3 hours)                     TUE THU 4:30 - 6:00 PM Enrollment limit: 24.

This course will explore the issues and techniques involved in planning for intellectual property, electronic commerce and information technology transactions and drafting supporting legal documents. You will develop an understanding of how to draft clear and comprehensive legal documents for these types of transactions through a series of weekly drafting assignments. The course will be based on real-world examples and there will be no course book. Drafting assignments may include client letters, software development agreements, electronic rights licenses, work made for hire agreements, distribution/reseller agreements, institutional and end-user licenses, original equipment manufacturers (OEM) agreements, online service provider agreements, electronic data interchange (EDI) agreements, source code escrow agreements, electronic commerce agreements, patent licenses, non-disclosure and employment agreements, trade secret licenses and trademark assignments and licenses. Regular attendance and class participation are required. The grade for the course will be based on the drafting assignments and class participation. Although there is no formal prerequisite, you will find it helpful to have had or be enrolled in: Intro to IP Law; Copyright and Related Rights; Cyberspace Law; Intellectual Property Litigation; Patent Law; Trademark Practice.

IP

Intellectual Property Litigation

Greg Upchurch / 
Bryan Wheelock

W75 530B SEC 01                       (3 hours)         TUE THU 6:00 - 7:30PM Enrollment limit: 24

This applied skills course will offer practical experience in dealing with pretrial and trial litigation issues unique to patent, copyright, trademark, and trade secret litigation. Students enrolling in this course will find it helpful to have had or be enrolled in Evidence; Intro to IP Law, Trademarks & Unfair Competition; Copyright & Related Rights and/or Patent & Trade Secret Law.

Intellectual Property Moot Court Team: Patents and Copyrights

Charles McManis

W75-606M SEC 01                     (2 hours)
Enrollment limit: 6

[Students do not register online for this course.] Second-year and third-year JDs 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 Team: Trademarks & Unfair Competion

Charles McManis

W75-606N SEC 01          (2 hrs)
Enrollment Limit: 6

[Students do not register online for this course.] Second-year and third-year JDs 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 hours; 1 hour posted to fall + 1 hour posted to spring) Enrollment limit: 5

[Students do not register online for this course.] Students will be selected for Washington University's award-winning International Moot Court Team by fall tryouts open to 2L's , 3L's and international LLM students. (Information about tryouts will be distributed to students at the beginning of the school year.) The team will work together under the guidance of Professor Sadat and an adjunct professor to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Regional, and, if they win, the National and International competitions. The team's weekly meetings, writing deadlines and practice schedule are mandatory. 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 functions as a board and runs the competition tryouts for the following year. Pre/corequisite (subject to waiver by special permission of instructor): International Legal Process or 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.]

 

Jury Instructions

Hon. David Noce

W74 716A SEC 01                    (2 hours)                    TUE 6:00 - 8:00 PM Enrollment limited to 30

Theories and practice of the jury instruction process are presented from the perspectives of the judge, attorneys, jury and appellate courts. Attendance and preparation are expected. No final exam is administered, but students will prepare instructions and submit a research project at the conclusion of the semester. Students are required to obtain the course book from the Support Services (Room 301) and the Jury Instructions Drafting Workbook available in the University Campus Bookstore.

Mediation Theory and Practice

C.J. Larkin

W74 578A SEC 01 -                                                    THU 6:30-9:30 PM Enrollment limit: 16 (3 hours)

(Formerly known as Alternative Dispute Resolution; Students who have taken ADR are not eligible to take Mediation Theory & Practice.) This course introduces students to the theory and practice of mediation (facilitated negotiation). The course will focus on the development of both analytical and interpersonal skills because the ability to participate successfully in negotiations and mediations, as an attorney advocate or mediator, rests on a combination of the two. Analysis is important because negotiators and mediators cannot develop promising strategies without a deep understanding of the context of the situation, the interests of the parties, the opportunities and barriers to creating and claiming value on a sustainable basis, and the range of possible moves and countermoves both at and away from the bargaining table. Interpersonal skills are important because negotiation and mediation are essentially processes of communication, relationship and trust building (or breaking), and mutual persuasion. This course is predicated on the belief that theory informs practice, and practice informs theory. The course aims to develop a set of conceptual frameworks that should help students better analyze mediations and prepare more effectively for the interpersonal aspects of mediations. Through analysis of case studies and discussion of articles, students examine lessons from both theorists and practitioners. Through participation in simulations, students have the opportunity to exercise powers of communication and persuasion, and to experiment with a variety of tactics and strategies. The simulation exercises draw from a wide variety of contexts and their aim is to provide concepts and tools that apply to all types of mediations. Student grades will be based on a variety of factors, including papers and performance on in-class and out-of-class simulations. 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, failure to attend may have an adverse impact on the absent student’s grade. There are no prerequisites for this course. 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 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 MONDAY, AUGUST 12, 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 failing grade.

Moot Court 
(Wiley Rutledge Competition)

Ann Davis Shields /
 Bill Dorothy

W75 604S SEC 01 (1 hour)
Enrollment limit: 96

[Students must register online for this intramural competition.] This course is known as the Wiley Rutledge Moot Court Competition. Note the special add/drop dates established by the members of the Moot Court Board. Students are required to attend an informational meeting at the beginning of the semester. Each student must, together with a partner, prepare an appellate brief of passable quality and present a minimum of two oral arguments of passable quality. Students must also attend two mandatory seminars on oral arguments and brief writing. This course is graded on a pass/fail basis. [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.]

Pretrial Practice and Procedure   (3 hours)

Kimberly Jade Norwood

W74 658L SEC 01 -Matt Homann  WED 3:00 - 6:00 PM
W74 658L SEC 02 -Tammy Walsh WED 12:00 - 3:00 PM
W74 658L SEC 03 -Ted McDonald / Amy Gunn WED 3:00 - 6:00 PM
W74 658L SEC 04 -Vanessa Keith MON 5:00 - 8:00 PM
W74 658L SEC 05 -Hon. Sandra Hemphill TUE 5:00 - 8:00 PM

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 modified pass/fail [High Pass (90/94), Pass, Low Pass (74/78), Fail (65/70)]. 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: 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 MONDAY, AUGUST 12, 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 failing grade.

IP

 Trademark Practice

Larry Evans / Frank Hellwig / 
Tom Polcyn

W74 623F SEC 01       (3 hours)                     MON WED 6:00 - 7:30 PM Enrollment limit: 24

This course will offer practical skills training in the four phases of trademark practice-acquisition of rights, enforcement of rights, and exploitation and transfer of rights. The course will be taught by the problem method and will focus primarily on the development of planning and drafting skills. Weekly problems will include an initial client interview, selecting appropriate forms of protection and clearance, filing the application, responding to common rejections, opposition and cancellation proceedings, dealing with infringement, including claims, defenses, evidence and remedies in judicial proceedings, administrative protection of trademarks, mergers and acquisitions, and licensing. Students enrolling in the course may find it helpful to have been enrolled in Intro to Intellectual Property Law, though this course is not a pre-requisite.

Trial Advocacy Competition

Paula Finlay Luepke /Hon. David Mason / Mark Rudder

W75-703A SEC 01              (2 hours - posted in the spring) 
Enrollment limited: 12; subject to professors' discretion.

[Students do not enroll online for this course.] 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. This program involves intense training in trial advocacy and evidence law. There is also substantive work in all aspects of torts and criminal law rotating year to year. You will be expected to do substantive legal research as part of your case preparation. [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.]

Trial Practice and Procedure

Peter Joy

W74 597Q SEC 01  (3 hours)            MON 5:00 - 6:30 PM & THU 6:00 - 8:00 PM Enrollment limit: 48

Prereq: Students must have completed Evidence prior to taking this course; Pretrial is not a prerequisite for Trial. 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 lawyering skills you will use and develop include: problem solving, legal analysis and reasoning, legal research, communication skills, litigation skills, and recognizing and resolving ethical dilemmas. This course also will focus on the professional values of providing competent legal representation, and examining the legal profession's role in promoting justice, fairness, and morality. The class will meet once a week as a group for one hour and a second time for at least two (and sometimes up to two and one half) hours in small groups with the adjunct professors. The course will be graded on a modified pass/fail basis (HP90/94, P, LP74/78, F65/70). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion. Regular attendance is required. 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 new policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, AUGUST 12, 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 failing grade.