Office of the Law School Registrar
Course Directory

Seminars
Spring 2003


updated 11/3/02

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 29, 2002 (or after pre-registration, submit a note to the Registrar's Office or email Colleen Erker at erker@wulaw.wustl.edu ). 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.


IP

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

E

= Courses which satisfy the ethics requirement

Chinese Law Seminar

Frances Foster

W78 626S SEC 01 (3 hours)                                 WED 12:00-2:00 PM
Enrollment limit:  16                                                 (not MON 3:00-5:00PM)

This seminar will offer an introduction to the legal system of the People's Republic of China. Topics will include the historical and ideological foundations of modern Chinese socialist law; legal institutions and personnel; constitutional law and definitions of human rights; criminal law; dispute resolution; evolving approaches to contract, market, and ownership; and women's rights. The class will meet as a group on a weekly basis for most of the semester to discuss course readings, late-breaking developments in Chinese law, and seminar paper topics. 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. They must submit a topic statement, a first draft, and a final, revised version of the paper. The instructor will provide extensive feedback on drafts both in writing and in individual conferences with students.

Constitutional Interpretation and Jurisprudence Seminar

Stanley Paulson

W76 686S SEC 01             (3 hours)                      MON 3:00 - 5:00 PM 
             (This seminar may not meet as a group on a regular basis.)
Enrollment limit: 16

In the seminar on constitutional interpretation, students have an opportunity to examine and evaluate competing views on the nature and sources of constitutional law. For one prominent example in recent literature, consider Ronald Dworkin’s position: He contends that one can make good sense of equal protection adjudication only if one takes seriously the underlying principle of equality--understood as a moral principle. This is a position toward one end of the spectrum in the current debate. Toward the other end, there is, for example, Robert Bork. He holds that the nature and limits of "equal protection" in our Fourteenth Amendment are to be understood by returning to the intentions of those in the Reconstruction Congress. What they had in mind (what they intended) determines what "equal protection" means. In addition to a variety of themes on constitutional interpretation, students may also select, if they wish, themes from jurisprudence and legal philosophy.

IP

Contracts & Intellectual Property Seminar

F. Scott Kieff

W76 712S SEC 01              (3 hours)                        WED 7:30 - 9:30 AM  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 hours)                    MON 3:00 - 5:00 PM
 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.

Feminist Legal Theory Seminar

Laura Rosenbury

W76 722S SEC 01                        (3 hours)             THU 12:00 - 2:00 PM
Enrollment limit: 16

This seminar will examine feminist legal theory as a means of understanding and critiquing our legal system and its norms. The seminar will begin by examining some of the general themes and debates that have emerged as feminists examine the law's explicit and implicit consideration and construction of gender as it relates to various groups of women and men. The remainder of the seminar will be devoted to specific applications of feminist theory to law and social policy, including work and wealth distribution, the formation of intimate and familial relationships, and the regulation of sexuality. Regular attendance and participation will be required, and all students will be expected to write a final research paper.

Immigrants, Citizens & Human Rights Seminar 

Stephen Legomsky

W76 690S SEC 01          (3 hours)                           MON 3:00 - 5:00 PM Enrollment limit: 16

In this writing seminar, each student will explore in depth, in a scholarly paper comparable in scope and quality to a law review note, a legal problem related to the course title. The general subject matter encompasses all of immigration law (see course description for that subject) plus all other areas of the law that implicate aliens’ rights and obligations; issues concerning the citizenship laws of the United States or other nations; and issues raised by either conventional or customary international human rights law. Examples of paper topics include aliens’ eligibility for welfare benefits, entry into selected professions, government employment, voting and other political activity, land ownership, access to the courts, to public schools, and to other public services, and aliens’ susceptibility to conscription. The instructor will provide a list of specific suggestions for papers, but students will be free to write on other suitable topics within the subject matter of the course after receiving approval from the instructor. Each paper will progress from topic selection to a detailed writing outline, to at least two drafts. We shall meet formally as a group at the start of the semester and later on as the need arises. Individual conferences also will be mandatory. Apart from the required meetings, students will consult with the instructor throughout the semester. There are no formal prerequisites or corequisites, but students who have taken neither immigration law nor international human rights will need to do a fair amount of extra work at the beginning to familiarize themselves with basic concepts.

IP

International Investment Law Seminar

Peter Mutharika

W76 612S SEC 01             (3 hours)                        MON 3:00 - 5:00 PM
             (This seminar does not meet as a group on a regular basis.)
Enrollment limit: 16

Introduction to current legal relationships between foreign investors and entities (both governmental and non-governmental) 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 LEGAL PROCESS: 
THE CRIME OF TERRORISM

 Leila Sadat

W76-724S SEC 01 (3 hours)                                MON 3:00 - 5:00 PM
Enrollment limit: 16
[This seminar was added late to the curriculum. Interested students should contact Colleen Erker at
erker@wulaw.wustl.edu. If more than 16 students express interest by Mon, Nov. 11, a lottery will be held on Tues, Nov. 12, to determine who gets in and who gets waitlisted. Preference will be given based on seniority and on whether a student has had a seminar or not. After Nov. 12, any openings in the seminar will be given out on a first_come_first_serve basis.]

World War I was started by an act of international terrorism, and the threat terrorism poses to the maintenance of international peace and security still exists. Over the past two decades, the international community has sought new ways to address this persistent problem of the international community, with some successes but also some failures. New treaties have been adopted to criminalize new forms of pathological behavior, new law enforcement and intelligence methods have been introduced, and even the use of military force to attack terrorist networks has been invoked. In this seminar, students will explore the legal issues surrounding the crime of terrorism under international and U.S. law. The problem of international terrorism has come to shape U.S. foreign and domestic policy in many ways, and we will explore the international and domestic mechanisms that are being used to fight this international crime, studying both the substantive law and process by which the law is being made. Each student will study a particular aspect of international terrorism and present his or her research to the class: Each student must also complete a significant research paper. The seminar will meet regularly, except for a two_week break in the middle when students will be writing first drafts. Final grades will depend upon the quality of both the presentation and the paper.

Landlord-Tenant Seminar

 David Becker

W76 607S SEC 01                  (3 hours)
Professor will contact enrolled students regarding initial meeting which will occur during the Fall Semester.
        (This seminar will not meet as a group after the initial joint meeting.)
Enrollment limit: 16 
See website (below) for details on meetings, deadlines, policies.

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. Although the dates won’t be exactly the same, see the website for this course for Spring 2002 to gain a general idea about the statement of policies, deadlines, and assignments. The link to Landlord-Tenant Seminar, Spring 2002, can be found at http://ls.wustl.edu/Registrar/courseinfo.html

E

Legal Ethics Seminar 

Kathleen Clark

W78 627S SEC 01                  (3 hours)                   MON  3:00-5:00 PM
(This course will likely meet a few times as a group but not on a weekly basis.)
Enrollment limit: 16

This course is a part of the Ethics Curriculum. Students in this course will write a research paper of publishable quality in the field of legal ethics and will work in teams as ethics counselors to one or more of the law school’s legal clinics, doing research and writing memoranda and other documents for the use of the clinics. Students will meet individually with the instructor to discuss the progress of their research, and will need to turn in a research proposal, an outline, a preliminary draft as well as the final paper. Students may also meet as a group on a number of occasions. There are no prerequisites for this course.

E

Legal Ethics Seminar

Peter Joy

W78 629S SEC 01                         (3 hours)            MON 3:00 - 5:00 PM Enrollment limit: 16

This course is part of the Ethics Curriculum. Students in this course will write a research paper of publishable quality in the field of legal ethics. An emphasis will be placed on paper topics which compare U.S. legal ethics approaches with the approaches in other countries. Students will be expected to research legal ethics regimes in at least one other country in addition to the United States. Mechanics and Writing Requirement: The class may meet as a group on a weekly basis for a substantial part of the semester to discuss course readings. Students will be expected to read assigned materials, and participate actively in class discussion. Students may also be required to make presentations based either on their paper topics or comparative material necessary for the successful analysis of issues discussed in their papers. Each student will meet individually with the instructor to discuss the topic selection for his or her paper, and each student will need to turn in a research proposal, an outline, a preliminary draft, and the final, revised, version of the paper (30-40 pages in length). The instructor will meet with students individually to discuss progress on the papers, and students will receive written and oral feedback on the preliminary draft. Although there are no prerequisites, students taking this course should already understand U.S. legal ethics issues, preferably through taking Legal Profession or some other legal ethics course.

Reorganization Seminar

Daniel Keating / Lloyd Palans / Hon. Barry Schermer

W76 646S SEC 01                   (3 hours)                  MON 3:00 - 5:00 PM
Enrollment limit: 16

(BUSINESS REORGANIZATIONS UNDER CHAPTER 11)
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 SEC 01                (3 hours)                      TUE 12:00 - 2:00 PM 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.

Theory of the Firm and Corporate Control Seminar

Troy Paredes

W76 719S SEC 01                      (3 hours)               MON 3:00 - 5:00 PM
Enrollment limit:  16.

The course will begin with a thorough consideration of the leading theories of the firm – Berle & Means (i.e., separation of ownership from control), agency cost theory, contractarian / nexus of contracts approach, transaction cost economics theory, property rights theory, communitarian model, and team production model. We will read a wide range of material from both the economic and legal literature on the firm. The effort in this part of the course will be to understand the firm as an organizational structure, a set of incentives, and various explicit and implicit contracts. The particular focus will be on how the theory of the firm ultimately informs governance structures and the allocation of authority among various corporate constituents. This will provide the launching pad for our consideration of the market for corporate control – that is, takeovers. First, we’ll spend a couple of weeks considering the corporate finance aspects of corporate control. Why buy another company, how much can or should one pay, and how can the acquisition be financed? We’ll consider both economic and non-economic reasons for acquisitions and basic finance principles. During the last several weeks of the course, we will consider corporate control transactions in the context of the theory of the firm. We will draw on the various theories of the firm to consider how authority to respond to an unsolicited offer could be allocated among the various corporate constituencies and what fiduciary or other duties might be owed to non-shareholder constituencies in the takeover context. For example, do (or should) the employees of the target corporation have any ability to stop a takeover that will result in plant closures? What obligations, if any, are owed to local communities (such as St. Louis) where facilities will be closed and people laid off? What about creditors, suppliers, and customers? Prerequisites: Corporations. There will be a writing requirement.

Working for Change Seminar

Barbara Flagg

W76 720S SEC 01                      (3 hours)               MON 3:00 - 5:00 PM
Enrollment limit:  16

The general topic of this course is an exploration of the way legal doctrines designed to foster social change and / or protect the interests of those subordinated in society actually operate in practice. Each student will select an area of law (such as Title VII or the ADA, for example) or a specific social problem (such as domestic violence) to examine. After studying applicable doctrine, the student will investigate the practical realities involved in bringing the doctrine to bear. The investigation may be based on the student’s own experience (in a clinic, summer employment or internship, etc.) or on interviews with practicing attorneys. The student will then write a paper describing the background doctrine, describing how it functions in a practical context, and making recommendations that might be helpful to others practicing or intending to practice in that area. Mechanics: There will class meetings during the first, third, and final four weeks of the semester. Students will make presentations to the class during the final four meetings. Students also will have several individual conferences with Professor Flagg during the semester. A first draft of the doctrinal portion of the paper will be due approximately five weeks into the semester, and a first draft of the practical application portion will be due approximately ten weeks in. Each of these drafts will have a maximum length of ten pages, will receive written comments from Professor Flagg, and will be the subject of an individual conference. The final draft will be approximately twenty-five pages in length and will be expected to incorporate the professor’s written and oral comments on the two preliminary drafts. It should also include a final section consisting of recommendations for change or improvement in the described practice. Grades will be based on the preliminary and final drafts, weighted 10% for each of the former, and 80% for the final draft.