Office of the Law School Registrar
Course Directory

Spring 2002 

Registration: Students interested in taking a seminar should complete a preregistration form and return it to the Registrar's office by 12:00 noon, Friday, March 30, 2001 (or after pre-registration, submit a note to the Registrar's Office). Enrollment confirmation notices will be distributed to students who get into a seminar. Students who do not receive an enrollment confirmation should assume that their names are on the appropriate waitlist(s) and will be notified if a spot becomes available.

Limitations on withdrawal from seminars: Students wishing to drop a seminar after the seminar has had its first meeting must obtain permission from the instructor on a "Seminar Add/Drop form" to withdraw from the seminar. Note that it may be difficult to obtain instructor permission to withdraw from any oversubscribed seminar after the time has passed during which the instructor will permit another student to enroll.

The research and writing requirement: All students are required to receive credit in one Seminar. (Supervised Research does not fulfill the research and writing requirement.) Students are encouraged to read the course descriptions carefully for details about the seminar, such as the structure (in terms of how often it meets as a group or in individual sessions with the faculty member) and other requirements.

W76-709S sec 01                                                           Clark Cunningham
                                      Course Canceled

W76-712S sec 01                         (3 hrs)                                  F. Scott Kieff
MON 3:00 - 5:00 p.m.
                                                       Enrollment limit: 16

This course will be designed for students interested in practicing in the areas of business, finance, transactions, or litigation. Today, each of these practice areas requires a basic understanding of the interactions between contracts and intellectual property. Contracts have always provided an attractive method for structuring business transactions. Today, many business transactions have an increasingly large intellectual property component, raising numerous problems unique to these intangible assets. Today's business lawyer routinely wrestles with contracts concerning everything from initial ownership of intellectual property all the way through commercial sales of goods and services based on intellectual property. Standard business relationships, such as employment, licenses, assignments, joint-ventures, franchises, sales, shrink wrap clauses, security interests, escrows, and bankruptcy, are each becoming increasingly driven by their intellectual property components. Examples range from David Letterman's move to CBS and David Bowie's $50 million bond offering to internet transfers of software or music and simple refilling of patented or trademarked ink-jet printer cartridges. With an eye towards common law, legislative, and uniform law initiatives in this area, the course will focus on practical implications and skills while at the same time asking normative questions. As an upper-class seminar, a central goal of the course will be to improve the students' skills as effective writers. Towards this end, a writing assignment or series of writing assignments will be a substantial element of the coursework. Students will have the opportunity to receive significant feedback directly from the faculty on early drafts of their written work. Because even transactional lawyers - not just litigators - must have strong oral communications skills, students will also be given the opportunity to receive oral feedback on their work through in-class oral presentations before the faculty and their colleagues. It is expected that the written work product of the students will be either normative or strategic, at the election of each particular student and with the advice of the faculty member. The course grade will be based on the totality of the student's performance during the course, with a heavy emphasis on class participation. A course-pack of reading materials will be made available to the students as an initial resource, but some outside research will be expected.

CRIMINAL PROCESS SEMINAR                         Christopher Bracey
W76-716S sec 01                            (3 hrs)
                 MON 3:00 - 5:00 p.m.
Enrollment limit: 16

Our principal aim in this seminar is to examine and critique the way in which our judicial system handles the processing of criminal cases. Topics will include the right to counsel (and the concomitant right to "effective assistance" of counsel), prosecutorial discretion and plea bargaining, bail and pretrial detention, discovery, the right to jury trial and jury selection, double jeopardy, sentencing and appellate review. Students will be encouraged to understand and appreciate the criminal process as a preeminent site of conflicting and confrontational norms, expectations, and impulses - a process that struggles to balance a variety of competing values, including fairness and efficiency, accuracy and finality, and uniformity and individualized justice. The seminar will entail close scrutiny of leading cases in topic areas, an exploration of the historical and theoretical bases of the various components of the criminal process, and consideration of current Supreme Court jurisprudence. Mechanics and Writing Requirement. The class will meet as a group on a weekly basis for most of the semester to discuss course readings and late-breaking developments in the processing of persons formally accused of a crime. Students will be expected to read assigned materials, participate actively in class discussion, and serve on "panels of experts" for three seminar sessions. In addition, students will be required to complete a significant scholarly research paper. Students must submit a topic statement, a first draft, and a final, revised, version of the paper. The instructor will provide written feedback on drafts, and will confer individually with students to discuss papers during the course of the semester.

                                                                     Dorsey Ellis
W76-702S sec 01                        (3 hrs)
MON 3:00 - 5:00 p.m.
(This seminar will meet as a group on a regular basis.)
Enrollment limit:  16

Explores the international reach of American antitrust laws, the application of antitrust principles by the European Union and other nations, and institutions that facilitate or impede cooperation among nations in enforcing competition law principles.  This is a course seminar that will meet for one two-hour session for a minimum of ten weeks (which may not be consecutive) during the semester.  Students must write and present to the seminar a substantial (30-40 pages) research paper on a subject that falls within the scope of the seminar and approved by the instructor.  A minimum of one draft and a rewrite will be required.  The instructor will provide written and/or oral comments on the draft.  The purposes of the paper requirement are to assist students in improving their writing skills, to expand their familiarity with research sources and methods, and to acquaint them with a body of law relating to the subject matter of the seminar.  Grades will be based primarily upon the papers, but class participation will be taken into account.  There will be an attendance policy.  (For more detailed information see the website for the seminar, 

W76-612S sec 01                         (3 hrs)                           Peter Mutharika
MON 3:00 - 5:00 p.m.                                                   Enrollment limit: 16
 (This seminar will not meet as a group on a regular basis and may not meet 3-5 Monday; so it may be possible also to take another course at this time.)

Introduction to current legal relationships between foreign investors and entities (both governmental and nongovernmental) in the investee estate and examination of the legal factors that influence an investment decision and how investment agreements are structured. Among the topics to be considered are U.S. and foreign investment laws and regulations, investment restrictions and incentives, currency controls, licensing, joint business ventures, expropriation and compensation, settlement of investment disputes, transnational corporations, and codes of conduct. Students will be required to write a paper of publishable quality. There will be one group meeting at the beginning of the semester. After that, I will hold individual conferences at various intervals to discuss topic selection, abstract and outline, and partial draft.

INTERNATIONAL INTELLECTUAL PROPERTY LAW SEMINAR                                                                    Charles McManis
W76-705S                            (3 hrs)                         MON 3:00 - 5:00 p.m.
Enrollment limit: 16

This seminar will basically explore the international impact of the TRIPS (i.e. Trade-related Aspects of Intellectual Property Rights) Agreement, which was adopted in 1994 as a part of the Uruguay Round of GATT negotiations (the same round of multilateral trade negotiations that brought about the new World Trade Organization, which oversees implementation and enforcement of the TRIPS Agreement). As a part of that overall study, the seminar will also examine the two "Great Conventions" of the 19th Century (i.e. the Paris Convention for the Protection of Industrial Property, and the Berne Convention for the Protection of Literary and Artistic Works), and various subsequent and subsidiary multilateral agreements, such as the Trademark Law Treaty and the Nice Agreement Concerning International Classification of Goods and Services, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the Patent Cooperation Treaty, and most recently, the WIPO Copyright Treaty and Proposed Database Protection Treaty. Finally, the seminar will examine various regional harmonization agreements, such as the NAFTA Agreement and various European Union Directives, as well as provisions of U.S. law, such as "Special 301," which are designed as national enforcement tools. The seminar will be taught by means of a casebook containing a series of practical problems for which weekly written responses will be required. These papers will constitute the entire work requirement for the course. Regular class attendance and preparation are, of course, required.

INTERNATIONAL LEGAL PROCESS: INTL CRIMINAL LAW CASE STUDIES SEMINAR                                                   Leila Sadat
W76-708S sec 01                        (3 hrs)                   MON 3:00 - 5:00 p.m.
Enrollment limit: 16

In this seminar, students will explore the jurisprudence of the two ad hoc tribunals, the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. The two ad hoc tribunals have issued literally hundreds of decisions on both procedural and substantive grounds, and have created an extraordinary wealth of caselaw that I cannot possibly cover in international criminal law. They have addressed the right to counsel; the right to issue binding orders to States and State officials; the meaning of crimes against humanity; the concept of international armed conflict; when a superior is liable for crimes of his or her subordinate; what the remedy is for prosecutorial misconduct; and on and on. The opinions are generally long, and quite complex. Web page information from the two tribunals is attached. For the first few weeks, we will explore the basics of the two ad hoc tribunals. Then, for their paper in the course, each student will choose either a procedural or substantive decision from one of the two tribunals and write a casenote on the decision. Each student will be responsible for presenting his or her work to the class as a whole. By the end of the semester each student must complete a significant research paper. Final grades will depend upon the quality of both the presentation and the paper.

LANDLORD-TENANT SEMINAR                                   David Becker
W76-607S sec. 01                         (3 hrs.)                       Enrollment limit: 16 
(This seminar will not meet as a group on a regular basis. See website below for details on meetings.)

This seminar is devoted to supervised research and writing within the general area of Landlord-Tenant Law. A major writing project is required. The principal component of this project is a seminar paper of publishable quality. Additionally, several memoranda and conferences are required prior to and towards preparation of this paper. The final component to the seminar is a revision of the paper made in light of the instructor's comments. This seminar has no prerequisite other than the first year course on Property. Topic selections are made by the student with approval of the instructor. There are no required classes. Instruction is conducted by individual conference. Although this is listed as a spring semester seminar, a meeting of those enrolled in the seminar will be held during the fall semester. Additionally, topic selection and significant research will be required before the spring semester commences. For a fuller treatment of the statement of policies, deadlines, and assignments for the same Seminar that was conducted in Spring 2001, see the Spring 2002 course information website  or

W76-717S sec 01                        (3 hrs)

This seminar will examine various ways that law affects urban communities-- such as housing and zoning code enforcement, landlord-tenant courts and the criminal justice system--and innovative approaches to revitalizing city neighborhoods. Much of the course will include fieldwork to be arranged outside of class time and many class meetings may take place in a neighborhood being studied rather than on campus. The seminar will meet weekly for most of the semester; regular attendance and thorough preparation is required. A limited number of students from other disciplines such as architecture, business, social work and the social sciences may also participate in the course and work collaboratively with law students on fieldwork projects. The final paper will not be primarily based on conventional legal research but instead must describe and analyze how law has actually affected a particular urban community. Although not a prerequisite, students are encouraged to take Urban Community Dynamics in Fall 2001.

                                   Daniel Keating / Lloyd Palans / Hon. Barry Schermer
MON 3:00 - 5:00 p.m.                   (3 hrs)
                         Enrollment limit: 16

This course will be taught jointly by Professor Keating, 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. The pedagogical objectives of the class include improving the students' persuasive writing, their knowledge of Chapter 11 bankruptcy law, and their ability to think on their feet. Students' grades will be determined by their performance on two 8-page written assignments (both of which will require a re-write by the students after receiving written feedback from the instructors) 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.

TAX POLICY SEMINAR                                                   Nancy Staudt
W78-727S                                    (3 hrs)
                   MON 3:00 - 5:00 p.m.
Enrollment limit: 16

This course will cover a variety of policy issues concerning taxation, including progressivity, taxation and the family, the proper tax base, transfer and wealth taxes, as well as various proposals for policy reform. Seminar requirements include a written paper at least 25 pages in length and each student will be responsible for co-teaching at least one class meeting.

W76-715S                                    (3 hrs)
                   MON 3:00 - 5:00 p.m.
Enrollment limit: 16

This seminar will focus on current issues related to voting and election laws including the following: Section 2 of the Voting Rights Act and racial vote dilution litigation; constitutional limitations on the state's affirmative use of race to create election districts; Section 5 of the Voting Rights Act; federal requirements and state standards for redistricting; alternative representational systems; and issues arising out of the 2000 Presidential election controversy. Class will meet several times at the beginning of the semester to introduce the students to these topics. Students will select topics related to these issues. Students will present their papers to the class toward the end of the semester.