Office of the Law School Registrar
Course Directory

Applied Lawyering Skills
Spring 2002
 


ADVANCED INTELLECTUAL PROPERTY LITIGATION
W75-530E sec 01            (3 hrs)             Greg Upchurch / Bryan Wheelock 
TUE THU  4:30-6:00                                                     Enrollment limit: 24 [enrollment limited to students in the LL.M. in IP/Tech Law program;  other students wishing to request special permission to enroll may email one of the professors to request approval - gupchurch@thompsoncoburn.com  / bwheelock@hdp.com]

An in-depth study of selected topics in intellectual property litigation. Some knowledge of intellectual property law and federal civil procedure is presumed. The focus of the course will be on topics that are of current interest and importance in intellectual property litigation. For example, patent claim construction will be examined in depth, both from the substantive and procedural/evidentiary sides. Litigation issues concerning Internet usage of intellectual property will also be covered in depth. Students will be expected to prepare five or six papers of twelve to twenty pages in length. Each topic addressed will involve a detailed examination of the relevant law, an investigation of any evidentiary issues, and a consideration of the relevant procedural steps. Most topics will be addressed for two or three weeks. Topics for next semester will be chosen from: Claim Construction—Markman Briefs and Hearings; Prosecution History Estoppel—Festo and its progeny (currently before the Supreme Court); Distribution of Copyrighted Material over the Internet—Napster and subsequent suits; Expert Witnesses—Application of Daubert to intellectual property litigation; DCMA—Effect of Digital Millennium Copyright Act provisions on free speech and research; Internet Jurisdiction—Examination of latest cases; Discovery—Proving various patent defenses.


ADVANCED LEGAL RESEARCH                                   Phil Berwick
W74-523B sec 01                  (2 hrs)                  WED-FRI 9:00 - 10:00 a.m.
[The WED FRI 8:00-9:00 section has been canceled.]
Enrollment limit: 30 [increased from 22]

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%).

ADVANCED PRACTICAL CRIMINAL PROCEDURE                                                           Hon. Michael Burton / Hon. Jack Garvey W74-607A sec 01               (3 hrs)                                                              THU 5:00 - 8:00 p.m  (Note new day)                                          Enrollment limit: 12.  

This applied skills course will examine various aspects of client representation and advocacy from a perspective unique to criminal practice. Topics covered will include initial client-related contact (the midnight phone call, interview with client, dealings with family, etc.), grand jury and preliminary hearings, discovery, pretrial motions and hearings, plea bargaining, voir dire, dealing with expert witnesses, jury instructions, sentencing, and post conviction proceedings. For each topic, there will be both assigned readings and practice exercises, including 7 or 8 relatively short written assignments. Regular attendance and preparation are required. Students will be graded based on class participation, classroom performance in the simulations, and the written assignments. Prerequisite: Evidence


ADVANCED TRIAL ADVOCACY                                     David Rosen
W75-503A                        (2 hrs)
Section 01:  WED 4:00 - 7:00 p.m. - David Rosen                               
Section 02:  MON 6:30-9:30 p.m. - Steve Holtshouser (Note new section)
Enrollment limit: 8

This course provides an opportunity to further develop skills learned in the basic Trial Practice and Procedure course as well as to learn new trial skills, including the use of computers in the courtroom. It is designed for students who intend to go into litigation. The course will focus on techniques used in federal courts and will use actual case and investigative materials from federal criminal cases. Required work for the course will be similar to that done for the basic Trial Practice course, except that there will be less time spent on lecture and demonstration and more time on skills performance and so the work will be more extensive. The final class will involve trying a criminal case to a jury, but in a more complete format than that of the Trial Practice class. To account for some inevitable overlap with the basic Trial course, the course is for two credits but will meet once a week for three hours. It will be graded on a modified pass/fail basis [high-pass (HP90), pass (P), low-pass (LP74), fail (F65)]. Grade will be determined by the student's performance on simulation assignments, other work assigned during the semester, and the final trial, as well as weekly class participation. Prerequisites: Trial Practice & Procedure (Note that Evidence is a prerequisite for Trial Practice & Procedure.) 

  WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, IF YOU ARE ENROLLED IN THIS COURSE AFTER FRIDAY, 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 HP90, P, LP74, F65) for the course.


ALTERNATIVE DISPUTE RESOLUTION                            (3 hrs)
[W74-641F sec 01 - WED 12:00 - 3:00 p.m. - Karen Tokarz]   has been changed to
W74-641F sec 01           WED 5:00 - 8:00 p.m.                 Karen Tokarz
W74-641F sec 02           MON 6:00 - 9:00 p.m.                     Alan Freed
[W74-641F sec 03 - WED 6:00 - 9:00 p.m. - Leonard Frankel] (has been canceled)
W74-641F sec 04            MON 6:00 - 9:00 p.m.           Michael Geigerman
W74-641F sec 05            WED 5:00 - 8:00 p.m.                     Paula Young
W74-641F sec 06            WED 12:00 - 3:00 p.m.                   John Haley Enrollment limit: 16 per section

This course will offer students the opportunity to learn the theory and practice of Alternative Dispute Resolution. The course will focus primarily on negotiation and mediation. Negotiation theory and skills underlie most dispute resolution processes and mediation is the ADR process lawyers are most likely to employ. During each of our three-hour sessions, we will learn about ADR through class discussion, demonstrations, exercises, and simulations. Student grades will be based on a variety of factors, including papers, performance on in-class and out-of-class simulations, and attendance. 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, attendance is mandatory; failure to attend will have an adverse impact on the absent student's grade. There are no prerequisites for this course. (Note: All sections of this course will cover the same material that will be useful to students regardless of the areas in which they intend to practice. All of the faculty for this course have significant ADR experience and are among the most highly respected mediators in the area.   

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 ADR 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 FRIDAY, 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 for the course; dropping puts a student at risk of receiving a failing grade.


COMMERCIAL REAL ESTATE PRACTICE & DRAFTING  
W74-710B sec 01         (2 hrs)                                             Scott Hammel
TUE
6:30 - 8:30 p.m.                                                    Enrollment limit: 20

This two credit hour course will be a theory and practice course, combining the study of substantive law with practical application, drafting and problem solving. The course is planned and directed toward students considering commercial real estate practice. Students taking this course will get an exposure to common issues arising in commercial real estate acquisition and lease transactions. Throughout the course, students will be asked to discuss and role play the relative positions and motivations of the seller and purchaser or lessor and lessee, as applicable, in an acquisition or lease of commercial real estate. Although the basic real estate transactions course is not a prerequisite, this commercial real estate course will continue and expand upon many topics covered in the basic course. Attendance and preparation will be required. The final grade will be based on class participation, drafting assignments throughout the semester, and a final exam.                


COMPLEX CIVIL LITIGATION                                  James Bennett
W74-651A sec 01                         (2 hrs)                   WED 6:00 - 8:00 p.m.
Enrollment limit: 24

This two credit hour course will explore the issues which arise in a typical large-scale civil suit involving multiple parties and will cover most of the major stages of litigation (including settlement), other than trial and appeal. The focus of the course will be on aspects of litigation largely unique to larger or more complex cases. An emphasis will be placed on class actions and cases involving disputes in multiple courts in different parts of the country. The course will focus on practical strategic concerns that arise in these cases and on developing writing skills needed to prepare the types of pleadings that are typically filed in these cases. The course will not require substantial research. Students will be graded based on class participation, drafting assignments, and a final exam.  


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

W74-710A sec 01                        (2 hrs)                      Joseph Colagiovanni
MON 6:00 - 8:00 p.m.                                                     Enrollment limit: 20

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.


CYBERSPACE LAW                               Charles Fendell/Mark Sableman 
W75-501B sec 01                        (3 hrs)             MON WED 5:00 - 6:30 p.m.
Enrollment limit: 30

This course will examine the law of information and commerce on the Internet. It will consider the special liabilities of various Internet users (conduits, content providers, and users), the duties and liabilities flowing from typical Internet actions and activities (domain name use, electronic commerce, linking, use of trademarks and copyrighted materials, parody, disparagement, collection of private information), current and proposed laws and regulations directed to Internet activities (privacy, indecency, anti-spam, anti-hacking, etc.), and the laws, regulations, and structures that govern the Internet (ICANN and its predecessors). The course will consider how practitioners handle Internet issues, in adapting existing laws and precedents to Internet issues, in helping clients prevent problems, and in resolving disputes informally or through litigation. Although the course will focus for the most part on issues unique to the Internet, certain traditional legal issues that arise frequently in Internet law, such as trademark infringement through domain names, and the sufficiency of Internet activities for jurisdictional purposes, will be examined. Grades will be based on class participation and regular assignments throughout the semester in which students will address hypothetical practical cyberspace law issues.  It is highly recommended that students have taken or be concurrently enrolled in any of the following courses: Intro. to IP Law, Trademarks & Unfair Competition; Copyright & Related Rights; and/or Trademark Practice.


ENTERTAINMENT LAW PLANNING & DRAFTING
W74-528B sec 01    (3 hrs)     Jeff Michelman/Donna Schmitt/Michael Kahn
MON WED 5:30 - 7:00 p.m.                                         Enrollment limit: 24
 
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. Grading is based upon drafting assignments and class participation. Students enrolling in the course will find it helpful to have had, or be enrolled in Intro. to Intellectual Property Law, Trademark & Unfair Competition and/or Copyright and Related Rights.


ENVIRONMENTAL MOOT COURT                             Michael Koby W75-605N sec 01   [Note corrected course number]                        (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. [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.]


ESTATE PLANNING AND DRAFTING                         Lawrence Brody
W74-628A sec 01 (3 hrs)  TUE 4:30 - 6:00 p.m. & THU 8:30 - 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/corequisite: Estate & Gift Taxation. Trust & Estates, while not required, would provide useful background information. [This course is open to both J.D. and Graduate Tax LL.M. students.]


INTELLECTUAL PROPERTY MOOT COURT: TRADEMARKS & UNFAIR COMPETITION                                            Charles McManis
W75-606N sec 01                       (2 hrs)                           
Enrollment Limit: 6

Students (2Ls and 3Ls) 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 hrs)                          
Enrollment limit: 5

Students will be selected for the International Moot Court Team by fall tryouts open only to 2L's. (Information about tryouts will be distributed to students at the beginning of the school year.) The team will work together to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Regional, and potentially National and International competition. 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 will function as a board and run the tryouts for the following year. Pre/corequisite (subject to waiver by special permission of instructor): 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.]


MEDIA LITIGATION                                                 Benjamin Lipman
W74-528C sec 01                   (2 hrs)                                 TUE 6:30-8:30
Enrollment limit: 20. 

This course will address the unique nature of litigation practice as it applies to media clients. It will cover all parts of litigation other than settlement and trial. The focus of the course will be upon the unique way in which the stages of litigation apply to representing media clients, emphasizing the extent to which the First Amendment varies civil practice within the media law context. The course will involve drafting pleadings and legal briefs with regard to (1) defamation actions, (2) subpoenas to the media and (3) Sunshine Law issues. The course will not involve substantial research. Grading will be based upon the writing assignments, class participation and the final.


MOCK TRIAL (see TRIAL ADVOCACY COMPETITION)


PATENT DRAFTING                                       Grant Kang / John Kepler
W74-623A sec 01                       (3 hrs)            TUE THU 5:00 - 6:30 p.m.
Enrollment limit: 24

Students will prepare and prosecute patent applications. Activities will include studying the results of [conducting] patent searches and preparing patentability opinions; drafting patent applications; preparing responses to official office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. A background in engineering and business is highly recommended.


PRETRIAL PRACTICE AND PROCEDURE                  (EMPLOYMENT LITIGATION)                  (3 hrs)               Pauline Kim
W74-658N sec 01 
           TUE 3:00 - 6:00 p.m.       Nowogrocki
W74-658N sec 02 
           TUE 5:00 - 8:00 p.m.       Mummert
W74-658N sec 03 
           WED 3:00 - 6:00 p.m.      Ferry
W74-658N sec 04 
           WED 4:00 - 7:00 p.m.      Denner

Note new sections:

W74-658N sec 05             THU  5:30-8:30 p.m.       Allen / Bindler

W74-658N sec 06              FRI   12:00-3:00 p.m.      Luepke

Enrollment limit: 12 per section
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, in the context of employment litigation. The drafting and in-class simulation exercises are centered around two principal cases -- both dealing with allegedly unlawful job terminations. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills, as well as the ability to analyze the factual situations presented under the appropriate substantive laws. Thus, students should expect to do some legal research throughout the semester in order to learn and correctly apply the relevant employment laws. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are also expected to participate in simulations of the lawyering process in class each week. The course will be graded on a modified pass/fail basis (HP90, P, LP74, F65). Grades will be based on performance on written assignments, in-class simulations and participation in class discussion. Each section 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 or instructors. Course work 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: 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 FRIDAY, 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 for the course and risks receiving a Fail (65).


SPORTS LAW PLANNING & DRAFTING                Robert Lattinville
W74-510D sec 01                         (3 hrs)          TUE THU 6:30 - 8:00 p.m.
Enrollment limit: 20

This course examines the legal and regulatory environment of professional and amateur sports. The lawyer's expanding opportunities and responsibilities are explored in this $100 billion a year industry commanding expertise in numerous and diverse practice areas. A working knowledge of antitrust, labor, constitutional, administrative and contract law will be established and applied. The course will survey the breadth of issues, conventional and emerging, which challenge the lawyers practicing in the sports industry. Depth of study will be achieved via class projects and drafting assignments addressing recent developments in sports.


TRIAL ADVOCACY COMPETITION
 
                                                         Hon. David Mason & Mark Rudder
W75-703A sec 01                     (2 hrs)                          Enrollment limited   

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. [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 hrs)                     
Enrollment limit: 48
MON 5:00 - 6:30 p.m. & THU 6:00 - 8:00 p.m. or 6:30-8:30 p.m.
(all students are expected to meet on Monday and Thursday)

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, P, LP74, F65). 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: 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 FRIDAY, 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 HP90, P, LP74 or F65) for the course.

After registering online for this course, please indicate by sending an email to Prof. Joy (joy@wulaw.wustl.edu) if you would like to be in a small section meeting from 6:30-8:30 p.m. on Thursdays rather than the regular 6:00-8:00 p.m. class time. This option is being added in an attempt to accommodate students who may have a class conflict on Thursdays with any of the classes that end at 6:30. At least eight students must be willing to attend on Thursday 6:30-8:30 p.m. for the accommodation to work..


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