Office of the Law School Registrar
Course Directory

GENERAL UPPER-LEVEL COURSES
Fall 2002
 


updated 4/3/02
I

IP

= Courses which are part of the curriculum for the LL.M. in IP & Technology Law degree E = Courses which satisfy the ethics requirement

IP

Administrative Law (New Course)

Doug Williams

W74-530G     sec 01     (3 credit hours) 
TUE THU 8:30 - 10:00 AM 

(Prof. Levin's Admin Law section still will be taught in Spring 2003)

This course examines the constitutional and statutory framework governing the exercise of government authority through administrative agencies. The primary focus is on federal administrative agencies. Constitutional topics considered include: the extent to which Congress may delegate broad discretionary authority to administrative agencies to make legally binding policy through rulemaking and adjudicative functions; the limits of presidential and congressional control over administrative agencies; general consideration of how (or whether) current institutional arrangements preserve a constitutional system of separated powers and checks and balances; and the procedural requirements placed on the exercise of government authority by the 5th and 14th Amendments' due process clauses. The statutory focus of the course is the Administrative Procedure Act (APA), which imposes procedural requirements on rulemaking and adjudicative functions performed by administrative agencies and structures to some extent the relation between agencies and the courts, which are often called upon to review agency action. Judicial supervision of agency action is, however, a somewhat more complex topic than can be gleaned from the rather cursory provisions of the APA. Accordingly, much of the law governing the availability, timing, and scope of judicial review of administrative action is examined through the traditional case law method familiar in common law courses. (See professor bio.)

IP

   Antitrust                                                                Dorsey Ellis

W74 611D SEC 01 (3 hours)
MON TUE THU 11:00 AM - 12:00 PM

The antitrust course deals with the body of law, primarily federal, that is intended to make the market system function fairly and efficiently. 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. The substantive law considered in the course will cover horizontal restraints among competitors, vertical restraints between manufacturers and dealers, monopolization, mergers, and the interplay between antitrust law and the law protecting intellectual property. Economic principles will be discussed under the assumption that the students have not studied economics prior to taking the course. Attendance and preparation are required. There will be a three hour examination.

Bankruptcy

Daniel Keating

W74 645A SEC 01 (3 hours)
MON TUE THU 9:00 - 10:00 AM

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.

Comparative Law: Europe, Latin America, & East Asia

 John Haley

W74 535D SEC 01 (4 hours)
MON TUE THU 8:50 - 10:00 AM

An introduction to the principal legal traditions in Europe, Latin America, and Asia with particular emphasis on the basic institutional features of the civil law systems. The course covers the historical development of the civil law traditions and its reception in non-Western societies, as well as the basic institutional contracts between civil and common-law jurisdictions and among civil law jurisdictions. Students will also have the opportunity to select a particular country of interest and examine in greater detail the basic features of its legal system.

E

   Comparative Professional 
    Ethics: Law & Medicine

 Monica Allen / 
Susan Bindler

W74 707C SEC 01 (2 hours)
THU 6:00 - 8:00 PM
Enrollment Limit: 35

(Formerly called Law, Medicine, & Ethics.) This course is a part of the ethics curriculum. The ethical codes governing lawyers and physicians have many areas of overlap, yet each discipline operates from a different conceptual model. We will consider the implications of the adversarial model underlying the rules of professional conduct for lawyers, as contrasted with the more collaborative model underlying the principles of medical ethics. Specific subjects will include the duties of confidentiality, conflicts of interest, informed consent and professional competence. Class attendance and participation are expected.

Corporate Taxation

Nancy Staudt

W74 648D SEC 01 (3 hours)
TUE THU 4:30 - 6:00 PM

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 Federal Income Tax before taking this course. Attendance and preparation are required and sanctions will be imposed on serious offenders.

Corporations

 Troy Paredes

W74 538N SEC 01 (3 hours)
MON TUE THU 10:00 - 11:00 AM

This course is a survey of the law of business associations, emphasizing issues and problems relating to control, management and financing. The course will cover publicly and closely held corporations, the organization of business associations, the distribution of power and control between management and shareholders, with focus on the fiduciary duties of directors and officers, corporate control transactions (mergers, acquisitions, tender offers, etc.), and the effects of federal securities laws. Because the key problem for corporate law is one of agency relations - how to align management's incentives with shareholders' interests - the course will also consider how legal rules, markets, and institutional arrangements mitigate, or magnify, the agency problem. There will be a final examination.

Criminal Justice Administration I 

Richard Kuhns

W74 542B SEC 01 (3 hours)
TUE WED THU 2:00 - 3:00 PM

Issues of constitutional criminal procedure with primary focus on the right to counsel, searches and seizures, and confessions.

Critical Jurisprudence: Intro to Critical Legal Studies, 
Feminist Jurisprudence & Critical Race Theory

 Barbara Flagg

W74 649B SEC 01 (3 hours)
TUE THU 4:30 - 6:00 PM

(Formerly called Nontraditional Perspectives.) 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.

Educational Policy and the Law

 Susan Appleton

W74 718C SEC 01 (3 hours)
TUE THU 12:00 - 1:00 PM and WED 2:00-3:00 PM
(not Wed 8:30-9:30 AM)

This course will survey the principal legal issues and doctrines affecting educational institutions, teachers, and students. Topics to be covered include compulsory education laws, student and teacher rights, equal educational opportunity (in the specific contexts of race, gender, language, disability, and school finance), and the question who controls education (state, federal, local or individual control). Some of the sources of the law will probably overlap with materials covered in some other courses, such as Children and the Law, Constitutional Law II, Constitutional Law III, Employment Discrimination, Employment Law, Family Law, and Race Relations, but the analysis here will emphasize special considerations of educational policy. (Taking at least one of these other courses before or during the same semester is recommended but not required.) Regular class attendance and participation are required.

Employment Discrimination
(
New Course)

Henry "Hank" Chambers

W74-590B    SEC 01  (3 credit hours)
THU 3:00-4:30 PM and FRI 8:00-9:30 AM

(Prof. Bernstein will not teach Employment Discrimination in Spring 2003, but will teach Employment Law in Spring 2003 instead.)

Focusing most deeply on Title VII, Employment Discrimination is a 3-hour course that explores the doctrinal and theoretical underpinnings of the subject. The course begins with a discussion of the at-will employment relationship and its formation, then examines how that relationship has been restructured explicitly and implicitly by statutory and society changes. In addition, to Title VII, the course will cover aspects of the Equal Pay Act, the Americans with Disabilities Act and the Age Discrimination in Employment Act. Attendance is expected. The professor reserves the right to impose an attendance requirement during the semester if, in his sole judgment, a lack of attendance is substantially hindering class discussion. Final grades will be based on a 3-hour final examination and class participation points. (See professor bio)

Environmental Law

 Maxine Lipeles

W74 614B SEC 01 (3 hours)
WED FRI 9:30 - 11:00 AM

This course surveys environmental law, focusing on the five principal federal environmental laws -- the Clean Water Act, Clean Air Act, Resource Conversion 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 examination.

Evidence

Kathy Goldwasser

W74 547H SEC 01 (3 hours)
MON TUE THU 1:00 - 2:00 PM

Study of the principles and rules that regulate the process of proving facts at trial, including both the Federal Rules of Evidence (the primary focus of the course) and their common law counterparts. Topics covered include relevancy and its limits, various policy-and/or efficiency-based limitations on the receipt of evidence, the rule against hearsay and the more important hearsay exceptions, rules governing the impeachment of witnesses, and expert testimony and scientific evidence.

Evidence 

Richard Kuhns

W74-547B SEC 01 (3 hours)
TUE WED THU 12:00 - 1:00 PM

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 hours)
MON TUE THU 8:50 - 10:00 AM

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://law.wustl.edu/Academics/Faculty/Wiedenbeck

Immigration Law 

Steve Legomsky

W74 630 SEC 01 (3 hours)
MON TUE THU 10:00 - 11:00 AM

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 removal 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.

International Criminal Law

Leila Sadat

 W74 713A SEC 01 (3 hours)
MON TUE THU 11:00 AM - 12:00 PM

Can war be restrained by law? Should "war criminals" be prosecuted? Should Milosevic and Osama bin Laden be tried, and in what fora? The answers, in part, are 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, terrorism and serious violations of international humanitarian law. Procedural coverage will focus 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. 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 Human Rights Law

Steve Legomsky

W74 619A SEC 01 (3 hours)
TUE THU 3:00 - 4:30 PM

This course is an introduction to the international structure for the protection of selected human rights: laws, procedures, institutions, and policies. Particular emphasis will be placed on the roles of the United Nations and various regional associations. The readings will contain not only legal documents (treaties, executive orders, cases, etc.), but also nontraditional passages such as human rights reports, newspaper articles, political essays, and the like. Regular attendance and rigorous preparation will be required. There are no prerequisites or corequisites.

IP

International Law

Peter Mutharika

W74 553A SEC 01 (3 hours)
WED FRI 9:30- 11:00 AM

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 Legal Process

Leila Sadat

W74 713C SEC 01 (3 hours)
MON TUE THU 1:00 - 2:00 PM

As Damrosch, et al., write in their casebook on international law, "[a]t the opening of the twenty- first century, the problems facing the international community are many and acute." Hunger, war, disease, terrorism, and environmental degradation afflict the human condition in many parts of the world, including our own. This course will expose students to both the substance and process of international law in an attempt to understand the legal frameworks applicable to many of these problems. The course will also serve as an introduction to the basic principles of international law and the resolution of disputes thereunder. The final will be a 24-hour take- home exam.

International Organizations

 Peter Mutharika    

W74 560A SEC 01 (3 hours)
TUE THU 4:30 - 6:00 PM

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 Nation's 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 Sahara will be used to examine the efficacy of these organizations in managing global issues. Attendance and class participation are required. The final grade will be based on a take-home examination.

IP

Introduction to Intellectual
Property Law, Trademarks & Unfair
Competition

Scott Kieff 

W74 647D SEC 01 (3 hours)
WED FRI 12:00 - 1:30 PM

This course will introduce students to the state and federal law of intellectual property and unfair competition, concentrating primarily on state and federal trademark law (the field of intellectual property law having the broadest application, as it applies to virtually all businesses), but will also explore how the law of trademarks relates to the larger law of unfair competition, and to other fields of intellectual property law (namely, patents, copyrights, trade secrets, and a variety of other sui generis forms of intellectual property protection). Students interested in exploring intellectual property law are encouraged to enroll in this course first, and then to take either Patents & Trade Secrets or Copyrights & Related Rights, or both. The grade for this course will be based (in whole or in part) on a timed final exam, which will include both objective (i.e. multiple choice and true/false) questions and an essay question. The course grade may also be based in part on an outside writing or drafting exercise. Regular class attendance and preparation is required; failure to meet this requirement will result in disenrollment.

Law and Economics

John Drobak / Andrew Rutten         

W74 523F SEC 01 (3 hours)
TUE THU 3:00 - 4:30 PM

Enrollment Limits: ~ 50 Law students and 30 Economic students

Law and Economics examines the ways in which various economic theories influence legal policy making, and the equally important ways in which legal institutions and organizations influence economic activity. The course, which requires no previous economic training, focuses on the complex of relations between various bodies of legal doctrine - property, tort, contract, criminal, and regulatory law - and economic behavior in the marketplace. This course is crosslisted in Economics, so the enrollment will consist of both law and undergraduate economics students. It will be co-taught with Economics professor Andrew Rutten. we will use Richard Posner's book, "Economic Analysis of Law." The grade will be based on a three-hour essay examination.

E    Legal Ethics in Film

Kathleen Clark

W74 561B SEC 01 (3 hours)
WED FRI 12:00 - 1:30 PM & TUE 6-9:30 PM (movie)

This course is part of the ethics curriculum. Film is a potent force in shaping public perceptions of the legal profession, and clients’ perceptions of lawyers. In this course, students will study legal ethics through the portrayal of lawyers in film as well as through traditional materials. Students will read case law and scholarly commentaries, will do problems and simulations, and will become familiar with the professional rules. In addition to regular class meetings, each week students must attend a screening of a film that deals with lawyers. During class discussions and in written assignments, these films will form a stimulus for reflection about the law and ethics of legal practice. This course will help students develop the knowledge and skills necessary to reflect on the rules, values, and ethical dilemmas that they will face in legal practice. Through the films and more traditional texts, students will examine a range of legal ethics issues, including trust and autonomy in the lawyer-client relationship, the tension between advocacy and truth-seeking, the changing demography of the legal profession, and conflicts of interest. The films will include some of the following: Anatomy of a Murder, . . . And Justice for All, The Blum Affair, The Insider, Judgment at Nuremberg, The Music Box, The Paradine Case, Philadelphia, Rashomon, the Sweet Hereafter, The Thin Blue Line, To Kill a Mockingbird, Twelve Angry Men, and The Verdict.

E    Litigation Ethics

Miriam Miquelon

W74 561A SEC 01 (2 hours)
THU 6:00 - 8:00 PM
Enrollment Limit: 50

This course is part of the ethics curriculum. This course will emphasize the practical application of ethics principles to common real-world practice scenarios. Designed to be a primer on ethical conduct in the courtroom, the course will examine topics in both the civil and criminal spheres of practice. The final exam will be a paper approximately 7-10 pages in length. Regular attendance and preparation will be required. NOTE: Meaningful discussion of the application of ethical principles in the context of various practice paradigms is impossible without a thorough understanding of the substantive and procedural law in which the paradigms manifest themselves. Accordingly, there will be some emphasis on synthesizing legal principles learned from prior course work, especially in criminal law, tort law, and the procedure courses. The goal is to integrate the application of ethics guidelines to legal principles in a way that in effect presents the guidelines as a "gloss" on the legal principles.

National Security Law

Clark

W74 522A SEC 01 (3 hours)
WED FRI 9:30 - 11:00 AM

This course will examine the struggle between the executive and legislative branches in the areas of national security and foreign affairs, the federal government's authority to pursue covert and overt wars, the government's regulation of personnel with security clearances, and the public's access to national security information through the Freedom of Information Act and other means.

Pass Through Business Taxation: Partnerships& Limited Liability Companies

Peter Wiedenbeck   

W74 581E SEC 01 (3 hours)
MON TUE THU 2:00 - 3:00 PM

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 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://law.wustl.edu/Academics/Faculty/Weidenbeck

Race Relations Law

Christopher Bracey

W74 608A SEC 01 (3 hours)
WED FRI 12:00 - 1:30 PM

This course explores the intersection of race relations and legal institutions in the United States.  It focuses both on the transhistorical continuity of certain understandings of race, and on the evolution of others. In the first half of the course, we consider the theoretical and doctrinal principles that underlie historical issues such as Indian Nation sovereignty, slavery and Reconstruction, and the civil rights era. In addition, we will consider early "legal" definitions of race in American law, and explore the role of race in citizenship, naturalization, and immigration law and policy. For the remainder of the course, we explore competing conceptual models of the American racial legal order, and examine current jurisprudence on racial issues that arise within the context of employment, education, housing, intimate association, the distribution of electoral power, and/or the administration of criminal justice.

Real Estate Transactions

Wilson Freyermuth

W74 565M SEC 01 (3 hours)
MON TUE 10:00 - 11:00 AM and WED 8:30 - 9:30 AM

This course is designed to provide an introduction to basic principles of the law governing real estate transfer and finance. The course will include exposure to both residential and commercial real estate transactions and financing. Topics will include, among others: the duties of brokers and lawyers in the real estate transaction; the contract for the sale of realty; deeds; title investigation and assurance; basic financing using mortgages and deeds of trust; possession, use, and transfer of mortgaged property; default, acceleration and foreclosure of mortgages; mortgage substitutes; and relationships between senior and junior mortgagees.

Social Scientific Research For Lawyers

Lee Epstein

W74 551A SEC 01 (3 hours)
WED 3:00 - 5:00 PM
Enrollment Limit: 32

The purpose of this course 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 stop with institutions or theories; it attempts to determine whether observations from the real world coincide with those institutions or theories.

State and Local Government

Daniel Mandelker

W74 617 SEC 01 (3 hours)
TUE THU 3:00 - 4:30 PM

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, section 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 a web site for the course, which is accessed in class, and which contains supplementary textual and case materials. Class participation and attendance are required subject to excuse. There is an open book examination.

IP

Theory of Property Rights

John Drobak / Douglass North

W74 699A SEC 01 (3 hours)
TUE THU 1:00 - 2:30 PM
Enrollment limit: ~ 25 law students & 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 John Drobak of the law faculty and Professor Douglass C. North of the economics faculty. The enrollment is made up of both law and economics 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 will also 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 & Estates

Laura Rosenbury

W74 575N SEC 01 (3 hours)
MON TUE THU 11:00 AM - 12:00 PM

This course will examine the basic legal doctrines and rules applicable to transfer of decedents' wealth by intestate succession, will, and trust. Topics addressed will include the state's control of inheritance; intestate succession; will execution, attestation, revocation, and construction; family protection and the protection of non-traditional families and relationships; private express and charitable trusts; and fiduciary administration. 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. Grades will be based on a three-hour open book final examination.