Upper Level Applied Fall 2006
|Є - Courses that satisfy the ethics requirement
(See list of ethics curriculum courses at /Registrar/Coursedir/)
IP - Courses that are part of the curriculum for the LL.M. in IP & Technology Law degree (These courses are open to JD students, unless otherwise noted in course description; See IP LLM curriculum at /Registrar/Coursedir/).
Advanced Trial Advocacy (DMR)
W75 503A LAW
01 W 4:30p-7:30p Rosen
Enrollment limit 6 (minimum: 4). [Note: early drop deadline of Mon, May 1, 2006. This is a strictly enforced deadline.] Prereqs: Trial Practice & Procedure (Evidence is a prerequisite for Trial Practice & Procedure.) This 3 unit course is designed for students who intend to be litigators. It provides these students with 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. The course focuses on techniques used in federal courts and uses 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. Two full trials will end the semester. 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. This course will meet once a week for three hours. It will be graded on a modified pass/fail basis [HP94,P, LP78, F70]. 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. WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, If you are enrolled in this course after Monday, May 1, 2006, you will not be permitted to drop the course. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade.
[Note that this course is most likely to be offered in the fall semester, but there is a chance it may be offered only in the spring semester or that the professor and/or day/time may change. An email will be sent if there are any changes and it will be posted to
/Registrar/Coursedir/2006%2D2007/coursechanges.html .] 3 units.
Alternative Dispute Resolution Theory & Practice
W74 641M LAW
01 M 6:00p-9:00p Litz
02 M 6:00p-9:00p Whitby
03 W 1:00p-4:00p Larkin
04 W 1:00p-4:00p Reeves
Enrollment limit: 16/section. This course introduces students to the theory and practice of Alternative Dispute Resolution (ADR). The course explores the field of ADR, with significant focus on negotiation and mediation because negotiation theory and practice underlie most dispute resolution processes, and mediation is the ADR process most often employed by attorneys. The course focuses on the development of the analytical and interpersonal skills necessary for attorneys to be successful in ADR, whether as advocates or mediators. The course develops analytical frameworks through analysis of case studies and discussion of articles, in which students examine lessons from both theorists and practitioners. The course develops interpersonal skills through roleplay exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in ADR. The readings and the roleplay exercises draw from a wide variety of ADR contexts, such as civil litigation, family, victim-offender, commercial, and employment disputes, and provide concepts and tools that apply to all types of dispute resolution. Student grades are based on written assignments throughout the semester, preparation for and participation in class roleplay exercises, and a take-home final paper. Students are graded according to the standard numeric grading scale. There are no prerequisites for this course. Students who have taken this course are not eligible to take Negotiation, W74-578D, in either the same semester or in subsequent semesters; however, students who have taken Negotiation in a prior semester are eligible to take this course. Prof. Karen Tokarz oversees the ADR program. If you are enrolled in this course after Mon, Aug. 16 2006, you will not be permitted to drop the course. In other words, any student enrolled in the course as of the above date will receive a grade for the course; and risks receiving a failing grade (70). 3 units.
Appellate Advocacy (JE/MZ)
W74 660B LAW
01 TuTh 6:30p-8:00p Erwin / Zoole
Enrollment limit: 24. This course is a theory and practice course, combining the study of the legal concepts unique to appellate practice, including scope of review, the preservation requirement, and standard of review with practical hands-on exercises to develop effective techniques for analyzing an appellate situation substantively and to develop the points and arguments that will persuade the appellate court. The course will teach students how to serve effectively and efficiently as counsel for a party on an appeal. Because writing an effective brief stands out as one of the most important skills an appellate advocate must have, the course will focus on researching and writing for an appellate court. Students will also receive instruction in how to structure effective oral arguments. Instruction will include reading assignments, class discussion, lecture, problem solving, and a visit to an appellate court. There will be several writing assignments, culminating in a substantial appellate brief, as well as exercises in effective persuasion and oral arguments. Each student will represent either an appellant or appellee against another student. Grading is not anonymous because the grades are based upon the written assignments and oral argument, with the major portion of the grade based upon an appellate brief using a record on appeal and transcript. There is no final examination. Through this course, students will learn and develop the skills and knowledge essential for effective and ethical appellate advocacy. No prerequisites. Regular attendance and preparation are essential. 3 units.
Business Negotiations: Theory & Practice (JMP)
W74 578C LAW
01 Tu 6:00p-9:00p Parks
Enrollment limit: 30. [Note early drop deadline of Wed, Aug. 23, 2006. Students will be expected to attend a 4 hour arbitration session with students from the business school on a Sunday afternoon, exact date TBD. Course includes a lab/case fee. Understanding of interpretation of correlation and ability to do minimal arithmetic in a spreadsheet is very helpful but not required.] Skillful negotiation is an essential aspect of every attorney's job, whether working in law office practice, government or business. Effective negotiators are capable of reaching sound and lasting agreements in settings such as merger or joint venture, contract discussions, settlement of litigation, partnership agreements, or in any negotiation situation where the terms of an agreement or contract are determined. Even more importantly, a successful professional must be an effective negotiator simply to go about the everyday work of dealing with clients, partners, employees, judges, legislators, and colleagues. The purpose of this course is to improve your ability to analyze and conduct negotiations in these and other settings. This course will help you become a professional negotiator - professional in the sense that you will understand the theory and dynamics of negotiation and be better able to conscientiously and effectively choose among a limited set of potential negotiation strategies. The course is designed to be relevant to a broad spectrum of business and negotiation problems faced by lawyers and professional negotiators. The course will provide you with the skills and refined intuition necessary to negotiate in a variety of contexts. To accomplish this, we need to teach you about both the theory and practice of negotiation. Both parts will be emphasized. We frequently will play strategic games, but we will also discuss specific frameworks that will help you to analyze and assess negotiation situations and build the skills to be a successful negotiator. The class is designed to complement technical skills learned in other classes in the Law School. A basic premise of the course is that negotiation is a fundamental lawyering skill, that lawyers need the analytical skills to discover optimal dispute resolution solutions, and that a broad array of negotiation skills are necessary in order for negotiated solutions to be accepted and implemented. The course will allow participants the opportunity to develop their skills both theoretically and experientially, and to understand negotiation in useful analytical frameworks. This class covers dispute resolution topics including basic and complex negotiation analysis and skills and cross-cultural negotiations in a variety of contexts. Considerable emphasis will be placed on simulations, role playing, and cases. Here is the likely breakdown of grades: application team summaries (15%), arbitration case papers (15%), class participation (15%), negotiated outcomes from the role-play exercises (15%), and an individual final paper (40%) that is in lieu of a final exam. The application teams and arbitration case papers may be given group, rather than individual grades. Arbitration case papers and final projects are anonymously graded. If you are enrolled in this course after Wed, Aug. 23 2006, you will not be permitted to drop the course. In other words, any student enrolled in the course as of the above date will receive a grade for the course, and risks receiving a failing grade. 3 units.
Business Planning & Drafting: The Deal
W74 583F LAW
01 Tu 4:30p-6:30p and Th 8:00a-9:00a Hull / Newmark
Enrollment limit: 40. Pre/co-requisite: Corporations. This course will offer students an opportunity to learn about the lawyer's role in business transactions. The course will focus on developing practical skills in negotiation, drafting and organization, and will involve significant role-playing experiences. The course will be structured around a hypothetical transaction involving the sale of a privately-held corporation and will culminate in a mock closing of the transaction. Lectures will address substantive legal concerns as well as practical issues that may arise in the course of a merger/acquisition transaction, including the letter of intent, tax and other structuring considerations, financing methods, regulatory constraints, due diligence review and drafting of transaction documents. Students will be divided into buyer and seller teams for purposes of the mock transaction and will be expected to devote significant time outside of class to working with their teams and with "opposing counsel" to prepare transaction documents. There will also be several brief individual drafting assignments. There will be no final examination. There will be an attendance policy. Grades for the course will be based on drafting assignments, in-class negotiation sessions and general class participation. Drafting assignments for this course will be graded anonymously; however, other factors that contribute to the final grade (approximately 40% of the final grade) will not be derived anonymously because such factors include negotiation skills, mock transaction involvement, and in-class participation, all of which the instructors must observe in person in order to assess performance. 3 units.
IP Censorship and Free Expression: A Practitioner's Guide (MK/MS)
W74 528E LAW
01 M 4:30p-6:30p Kahn / Sableman
Enrollment limited: 24. This course will examine one of the key battlefields of the nation's culture wars-the legal skirmishes over so-called dirty words and dirty pictures that have come to define the limits of free expression under the First Amendment. The course will be taught by First Amendment practitioners and will focus not only on legal fights and outcomes, but also on practical considerations, effects, and strategies. Topics covered will include vulgarity in political expression; indecency regulation in broadcasting, the Internet and other media; obscenity; art, nudity, and censorship; government regulation of new media; offensive expression, including political parody with explicit sexual content, and vulgarity and sexual expression in copyright and trademark law; and the legislative, judicial and societal focus on protection of children, including special doctrines such as child pornography. The classes will cover pertinent judicial decisions, as well as some original litigation materials and outside works regarding social and policy implications. There will be one writing assignment and a final exam; both will focus on the practical application of the developing laws to problems that face real clients. The writing assignment and exam will not be graded anonymously. Regular attendance in the class will be required. Grades will be based on class participation, the written assignment, and the final exam. Because the class will consider cases involving offensive material (including explicit sexual topics, 4-letter and 12-letter words, and the like), students should not take the course if such material would make them uncomfortable. Students enrolling in the course will find it helpful to have had, or be enrolled in, an introductory course in intellectual property. 2 units.
Corporate Finance Planning & Drafting (TBK)
W74 539F LAW
01 W 3:00p-5:00p Kinsock
Enrollment limit: 24. This 2 unit course will serve as an introduction to the principles and practices of corporate finance from the specific vantage point of a legal practitioner. The course will emphasize debt financing by business enterprises, including public and private debt issuance, bank borrowing and so-called "structured" financing, i.e., issuing debt through a specially formed financing affiliate. Equity financing will not be emphasized, although some attention will be given to public securities markets, including public equity markets. Course work will emphasize the practical over the theoretical, both in analysis and in application. Exercises in drafting financial instruments or financing plans will proceed in a context of specific problems faced by specific business enterprises, drawn from the journals of modern business and law. The course work will consist of selected written assignments, an oral presentation, and mandatory class participation. The written assignments, three in number, will constitute the largest component of the overall class grade (70%). Class participation, including the oral presentation, will represent the remaining element of the overall class grade (e.g., 30%). The oral presentation will be on a topic of the student's own choosing, subject to instructor approval. This course is distinct from, and will cover matters separate from those covered by, the law school's Corporate Finance course. Neither course is a prerequisite for the other. Pre/Co-requisite: Corporations (or corporate finance experience). 2 units.
Civil Rights Litigation Theory & Practice (SMR)
W74 579P LAW
01 W 6:00p-8:00p Ryals
Enrollment limit: 12. This course is a study of the major issues raised in the litigation of federal constitutional and statutory claims against state and local governments and officials under 42 U.S.C. § 1983 and related statutes. Section 1983, which is derived from the Civil Rights Act of 1871, is now a major vehicle for vindication of claims of deprivation of constitutional rights. Effective litigation of Section 1983 claims, from both the plaintiff's and defense perspective, requires a thorough understanding of federal practice, constitutional principles, discovery issues - particularly the law of privilege as it relates to discovery - and specific to Section 1983 claims, the law or immunities from suit and the law pertaining to the liability of cities and counties. There are no prerequisites, but this course is a logical counterpart to the courses in Trial Practice, Trial Advocacy, Federal Jurisdiction and Constitutional Law. The course will begin with a series of lectures introducing the substantive law of Section 1983, exploring issues such as municipal liability, qualified immunity, color of law and the substantive rights under the constitution and laws that may be redressed in a Section 1983 suit. Having laid the foundation of the substantive law of Section 1983, the class will then focus on the practical aspects of prosecuting and defending a Section 1983 police misconduct case. The class will be presented with a detailed fact situation and from that will work through the pleadings, discovery, summary judgment and trial preparation. There will likely be guest lecturers and in class exercises involving client interviews and perhaps the deposition of the parties. The students will write and present in class a final paper or project. The students will have a choice between writing on a substantive topic or preparing a summary judgment motion/response. Grades will be based primarily on the in class presentation and the final written project (length: 12-20 pages). In addition, there will likely be extra-credit opportunities and the quality of in class participation will be evaluated. Grading will not be anonymous because each student will make an oral presentation in class, making total anonymity impractical if not impossible. For example, some students will choose to write a paper on a substantive topic, as opposed to writing either a motion or response to summary judgment. The author of such a paper will be known because the student will have already presented the topic in class. There will be no textbook, rather, the students will read selected cases dealing with Section 1983 litigation as well law review articles. Regular attendance is expected and required, as is participation in class discussions. 3 units.
IP Entertainment Law Planning & Drafting (DM/JM)
W74 528B LAW
01 W 6:30p-8:30p Mathes / Michelman
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 issues key to client counseling and agreement drafting related to movies, television, music, print publishing and rights of publicity. In addition, the class will examine important recent judicial decisions affecting these rights and explore how to address those issues in the drafting context. Drafting assignments will relate to creative control, credit, compensation, transfer of rights, and related issues. Students enrolling in the course will find it helpful to have had, or be enrolled in, an introductory course in Intellectual Property, such as Copyright and Related Rights, Intro to IP Law or Trademark Law. Grading of papers is not anonymous so that papers can be revised and returned for re-drafting, additionally class attendance and participation are factored into final grading. 2 units.
Health Insurance Law and Regulation (DMH)
W74 707F LAW
01 Tu 6:00p-8:00p Henley
Enrollment limit: 16. This 2 unit course provides students an overview of the terms, entities, laws, regulatory environment and issues associated with health insurance and health care. The student will learn that health insurance and health care involve the principles of tort law, contract law, criminal law, and agency law. In addition, the student will review subject matter such as ERISA, HIPAA, COBRA, and Consumer Driven Health Plans. The course will begin by defining health insurance terms and identifying entities and individuals that are involved in the provision of health insurance and health care. The course will then focus on the regulation of health insurance. In particular, students will learn about the state and federal agencies that regulate the health insurance industry and providers of health care. In addition, students will learn about federal laws and programs with which health care entities and health care providers must comply. Students will also have an opportunity to explore the methods the government uses to address the issue of access to health care. Entities and individuals in the health insurance industry and those that provide health care are subject to actions from the individuals for whom they provide insurance coverage or health care. Therefore, the course will cover the types of actions that might be brought against such entities and health care professionals. The last section will expose students to bioethics. Students will discuss the current issues affecting health insurance and health care. During the course, students will have an opportunity to participate in practical exercises such as drafting insurance policies and provider agreements, draftng statutes and regulations and responding to agency audits. The required text for this course is the Fifth Edition of Health Law, Cases Materials and Problems by Furrow, Greaney, Johnson, Jost and Schwartz. During the semester I will periodically circulate additional articles, recent cases, and other material as either required or optional reading. The course will primarily be graded based on a paper of at least 10 pages and class participation. There is a fairly lenient attendance policy. Students missing more than three class sessions without explanation may receive a decrease in their final grade. 2 units.
IP Intellectual Property Licensing: IP and E-Commerce Planning & Drafting (CHF)
W75 530D LAW
01 MW 5:00p-6:30p Fendell
Enrollment limit: 24. This course will explore the issues and techniques involved in planning for intellectual property, electronic commerce and information technology transactions and drafting supporting legal documents. You will develop an understanding of how to draft clear and comprehensive legal documents for these types of transactions through a series of weekly drafting assignments. The course will be based on real-world examples. Drafting assignments may include client letters, software development agreements, electronic rights licenses, work made for hire agreements, distribution/reseller agreements, institutional and end-user licenses, original equipment manufacturers (OEM) agreements, source code escrow agreements, patent licenses, non-disclosure and employment agreements, trade secret licenses and trademark assignments and licenses, and various on-line contracts. Regular attendance and class participation are required. The grade for the course will be based on the drafting assignments and class participation. Although there is no formal prerequisite, you will find it helpful to have had or be enrolled in: Trademarks & Unfair Competition; Copyright and Related Rights; Internet Law; Intellectual Property Litigation; Patent Law; Trademark Practice. This course will not be graded anonymously because the grade will be based on a series of written assignments, some of which will be critiqued in class and some of which may be re-drafts. [This IP Licensing course is different from Prof. McManis’ IP Licensing course, which is scheduled to be offered in Fall 2007; therefore, students may take both of these courses.] 3 units.
IP Intellectual Property Litigation (DW/BW)
W75 530B LAW
01 TuTh 6:30p-8:00p Warren/ Wheelock
Enrollment limit: 24. This applied skills course will offer practical experience in dealing with pretrial and trial litigation issues unique to patent, copyright, trademark, and trade secret litigation. Students enrolling in this course will find it helpful to have had or be enrolled in Evidence; Trademarks & Unfair Competition, Copyright & Related Rights and/or Patent Law. 3 units.
Intellectual Property Moot Court - Patents & Copyrights (CRM)
W75 606M LAW
01 TBA Deal
Enrollment limit: 6. [Student do not register online for this course. The 2 units for this course are posted to the spring semester.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Giles Sutherland Rich Regional Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal prerequisites or corequisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in patent- or copyright-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] 2 units, posted to spring semester.
Intellectual Property Moot Court - Trademarks & Unfair Competition (DD)
W75 606N LAW
01 TBA Deal
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.] 2 units, posted to spring semester.
International Courts & Tribunals - Practice & Procedure
W74 619B LAW
01 Tu 6:30p-8:30p Sison
Enrollment limit: 12. This 2 unit course focuses upon the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution. The primary focus will be on the International Court of Justice ("ICJ"). Students will examine the ICJ's history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States. Students will also be exposed to other international courts and tribunals, such as the Permanent Court of Arbitration, the World Trade Organization's Dispute Settlement Body and the International Tribunal for the Law of the Sea, and will compare and contrast the practice and procedure before such bodies with the ICJ. With respect to the practice component of the course, students will be exposed to the rules of procedure and style of practice before the ICJ through the use of a hypothetical contentious case between two States. Students will learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court. Particular attention will be paid to the jurisprudence of the ICJ with respect to such issues. Students will also learn how to make substantive legal arguments on the merits before the ICJ. In doing so, students will gain exposure to substantive international law in the form of international human rights law represented by various human rights instruments and customary international law, especially as it relates to the rights of detainees. Students will gain experience in researching and using various international legal materials and sources necessary for making oral and written submissions before the ICJ. Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions. During the course of the semester, students will draft three short writing assignments (approximately 2-4 pages in length) in the form of preliminary objections and/or responses to the ICJ each arguing a single, discrete procedural issue arising out of the hypothetical contentious case. Students will also prepare and deliver a brief oral argument (approximately 5-7 minutes in length) based on those writing assignments. At the end of the semester, each student will prepare a final substantive writing assignment (approximately 8-10 pages in length) consisting of a memorial to the ICJ on the merits of the hypothetical case and present a final oral argument (approximately 10 minutes in length) based on the written memorial. Students will work individually and rotate roles as applicant and respondent for their written and oral assignments. This course will not be graded anonymously because of the nature of the work. Although not required, it would be helpful to have taken or be taking International Law or International Legal Process. (Students who make the International Moot Court Team are required to take this course; therefore, students planning to try-out should register for this class. Waitlisted students will be added if they make the team - so they are encouraged to attend classes.) 2 units.
International Moot Court Team (LNS)
W75 612S LAW
01 TBA Sadat / Sison
Enrollment limit: 5. [Students do not register online for this course.] Students will be selected for Washington University's award-winning International Moot Court Team by fall tryouts open to 2L's , 3L's and international LLM students. (Information about tryouts will be distributed to students at the beginning of the school year.) The team will work together under the guidance of Professors Sadat and Sison to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Regional, and, if they win, the National and International competitions. The team's weekly meetings, writing deadlines and practice schedule are mandatory. The course grade is credit/no credit; one credit hour posted in the fall semester, and the other credit hour posted in the spring semester. The team also functions as a board and runs the competition tryouts for the following year. Pre/corequisite (subject to waiver by special permission of instructor): International Legal Process or International Law, and International Courts & Tribunals-Practice & Procedure [students trying out for the team should register for International Courts & Tribunals–Practice & Procedure, which meets on TUE 6:30p-8:30p; waitlisted students who make the team will be automatically enrolled.]
[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.] 1 unit in fall, 1 unit in spring.
Jury Instructions and the Trial Process (DN)
W74 716A LAW
01 W 6:00p-8:00p Noce
Enrollment limited to 16. This is a 2 unit course. Theories and practice of the jury instruction process and its relationships to the various aspects of jury trial litigation are presented from the perspectives of the judge, attorneys, jury, and appellate court. Attendance and participation are expected. No final exam is administered, but students will submit periodic drafting projects, including a set of instructions and special interrogatories. Students will also submit a research paper on the last class day. Students are required to obtain the course book from Support Services (Room 301) and the JURY INSTRUCTIONS DRAFTING WORKBOOK from the University Bookstore. Grading is not anonymous, because the teacher personally edits, returns, and discusses the students' projects throughout the semester. 2 units.
Moot Court (Wiley Rutledge Moot Court Competition)
W75 604S LAW
01 TBA Dorothy / Lewis
Enrollment limit: 96 [Students must register online for this intramural competition.] This course is known as the Wiley Rutledge Moot Court Competition. Note the special add/drop dates established by the members of the Moot Court Board. Students are required to attend an informational meeting at the beginning of the semester. Each student must, together with a partner, prepare an appellate brief of passable quality and present a minimum of two oral arguments of passable quality. Students must also attend two mandatory seminars on oral arguments and brief writing. This course is graded on a pass/fail basis.[Keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member):1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] 1 unit.
W74 578D LAW
01 One intensive weekend: [exact weekend TBA] Syverud / Hollander-Blumoff
Enrollment limit: 50. [Students who have taken Alternative Dispute Resolution Theory & Practice (ADR), or Business Negotiations: Theory & Practice are not eligible to take this course, and may not take this course in the same semester as ADR and Business Negotiations: Theory & Practice. However, students who take Negotiation are eligible to take ADR or Business Negotiations: Theory & Practice in a future semester.] This one unit pass/fail course will be offered in an intensive weekend format. The course will emphasize learning the skills of negotiation by simulations in which students will negotiate and watch their classmates negotiate. Class members will conduct three negotiations during the weekend - a simple sales contract, a retainer agreement between an attorney and a client, and a complex multi-party dispute. There will be class all day on Saturday, and a class session on Sunday afternoon. The first negotiation will commence immediately at the start of class, so prompt attendance is vital to credit in the course. Some negotiations will be videotaped for review in class. Lunch will be provided on Saturday. The reading for the course consists of Roger Fischer and William Ury, Getting to Yes: Negotiating Agreement Without Giving In (Harvard/Belknap Paperback). Other readings on lying in negotiation (approximately 30 pages) will be made available two weeks before the class occurs. In addition to the simulations and discussion of the readings, there will be brief instruction on drafting agreements and advice about further steps to improve negotiation skills. Students who attend all class sessions, participate in good faith in the simulations, and do the readings will receive a pass for the course. Attendance will be taken each day. 1 unit.
Є Practical Ethics for Civil Litigation (RB)
W74 561C LAW
01 W 6:00p-8:00p Bresnahan
Enrollment limit: 24. [This 2 unit course is part of the ethics curriculum and is considered a "survey" ethics course. Students may not take more than one "survey" ethics course for credit toward their degree. Other survey ethics courses offered recently are: Lawyers & Justice/Ethics of PI Lawyering, Practical Ethics for Civil Litigation, Reel Justice, and Litigation Ethics/Practice Management.] A civil litigator often faces ethical dilemmas, including how to solicit and bill clients, resolve conflicts of interest, and handle confidential information. This course seeks to help prepare students to identify and resolve such dilemmas. The curriculum will focus on the professional rules that govern a civil litigator's interactions with clients, opposing parties and counsel, tribunals, and others. Hypotheticals and problems based on real situations will be used. Grades will be based on class participation, a short mid-year test and a final examination. 2 units.
Practical Legal Writing and Analysis for Litigators (MLP)
W74 523H LAW
01 W 12:00p-2:00p Perry
Enrollment limit: 12. Clear, concise, and persuasive writing is critical to success as a practicing lawyer. This 2 unit course will teach techniques for producing such writing and will provide numerous opportunities for the students to practice those techniques. During the semester, students will draft a complaint, jury instructions, two motions, a research memorandum, general correspondence, and an opinion letter. The course will examine the requirements and structure of each of these types of written product. This skills course will build on the writing and analytical techniques learned in the first-year writing course by introducing additional techniques for creating clear, concise, and coherent writing, understandable and persuasive legal arguments, and strong introductions and conclusions. The course will also emphasize the importance of editing and provide opportunity to develop those skills as well. Due to the ongoing written product and the small size of the class, this course will not be graded anonymously. Grades will be based on the writing assignments and participation. There will be no exams. 2 units.
Pretrial Practice and Procedure (KJN)
W74 658L LAW
01 M 5:00p-8:00p Keith
02 Tu 4:00p-7:00p King
03 Tu 5:00p-8:00p Banks
04 Tu 6:00p-9:00p Reese
05 W 12:00p-3:00p Walsh
06 W 4:00p-7:00p Growe
07 W 4:00p-7:00p Draper
08 Th 3:00p-6:00p A. Gunn / MacDonald
09 Th 5:00p-8:00p Tucker
Enrollment limit: 12 per section. [Note early drop deadline of Mon, August 14, 2006.] This course covers the pretrial phase of civil litigation -- from client contact through final trial preparation and settlement negotiation. During the course of the semester students will "litigate" two personal injury actions. While most work will be individual, students sometimes will work in teams. There will be written assignments, such as pleadings, discovery requests and settlement documents. Students will be required to prepare extensively for the simulations. The course is graded modified pass/fail [High Pass (94), Pass, Low Pass (78), Fail (70)]. The final grade will be determined by the student's performance on written assignments, simulations, and participation in class discussions. A course from the ethics curriculum and Evidence may be helpful if taken before or simultaneously with this course but are not prerequisites. WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: If you are enrolled in this course after Mon, Aug. 14 2006, you will not be permitted to drop the course. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. All sections of this course are overseen by Prof. Kimberly Norwood. 3 units.
IP Trademark Practice (CC/JJ)
W74 623F LAW
01 TuTh 4:30p-6:00p Chicoine / Jennings
Enrollment limit: 24. This course will offer practical skills training and techniques for the four phases of trademark practice - acquisition of rights, enforcement of rights, and exploitation and transfer of rights. The course will be taught by the problem method and will focus primarily on the development of planning and drafting skills. Weekly or bi-weekly problems will include an initial client interview, selecting appropriate forms of protection and clearance, filing the application (including foreign filing options and strategies), responding to common rejections, opposition and cancellation proceedings, dealing with infringement, including claims, defenses, evidence, remedies, and resolution in non-litigation contexts, administrative protection of trademarks, trademarks in mergers and acquisitions, due diligence, and licensing. Students enrolling in the course are strongly encouraged to be enrolled in or to have already completed Trademarks & Unfair Competition, though this course is not a pre-requisite. This is a practical skills course and class participation will be taken into consideration in the formulation of grades - therefore, grading will not be anonymous. 3 units.
Trial Advocacy Competition
W75 703A LAW
01 TBA Mason / Rudder
Enrollment limited: 12; subject to professors' discretion. [Students do not register online for this course. The 2 units for this course are posted to the spring semester.] Upperclass students in good standing are eligible to try-out for the trial team. Try-outs take place during the fall semester; try-out information is distributed to students by the Clinical Program Office, Room 589. This program involves intense training in trial advocacy and evidence law. There is also substantive work in all aspects of torts and criminal law rotating year to year. You will be expected to do substantive legal research as part of your case preparation. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition course per semester.] 2 units, (posted to spring semester).
Trial Practice & Procedure (KG)
W74 597M LAW
01 M 5:00p-6:00p & Th 6:00p-8:00p Goldwasser
Enrollment limited to 48. Prereq: Students must have completed Evidence prior to taking this course; Pretrial is not a prerequisite for Trial. [Note early drop deadline of Monday, August 14, 2006.] 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 two complete trials. Required work for the course will include both reading and written assignments. Students also will be required to prepare extensively for simulations. The class will meet twice a week for a total of three hours, divided between one 1-hour session and one 2 hour-session. In the 1-hour session, the entire class will meet with Professor Goldwasser. In the 2-hour session, students will meet in small groups with the adjunct professors. The course will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion. Regular attendance is required. Prereq: 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 policy is in effect: If you are enrolled in this course after Mon, Aug. 14 2006, you will not be permitted to drop the course. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. 3 units.