Upper Level General Fall 2006
IP Administrative Law (RML)
W74 530A LAW
01 MTuTh 2:00p-3:00p Levin
Administrative Law is the "Civil Procedure" of the regulatory process. The course deals with laws governing administrative agencies at both the federal and state levels. We examine the procedural mechanisms that agencies use as they draft regulations, disburse welfare benefits, grant licenses, and pursue violators of regulatory statutes. We also study the procedural rights agencies must afford to private parties, and the ways in which administrative officials are supervised by Congress, the White House, and especially the courts. Although the course does not examine in detail the substantive laws administered by the NLRB, EPA, HHS, FCC, etc., it provides the background needed to understand the operations of these and other agencies. Regular attendance and preparation are expected, and sanctions may be imposed upon egregious offenders. Course grade will be based on a timed exam. 3 units.
American Legal History (DK)
W74 698B LAW
01 MTuTh 2:00p-3:00p Konig
A survey of the development of law and legal institutions in American History, examining continuity and change in the English common law tradition under the impact of social, economic, and political forces. Coverage will be comprehensive (from Bracton to Brandeis), but will emphasize the way that the law has responded to those factors by redefining the status and rights of individuals and has conferred protections or limits on the legal institutions they created. Among the topics covered will be: the creation of modern property rights doctrine (in objects and in persons, including chattel slavery), women and the family, crime and punishment (including the regulation of religion, sexuality, and reproduction), constitutional 'originalism,' and the competition between judges, juries, and extralegal popular efforts to control the course of change. We will also examine how and why "law on the books" has differed from "law in action" in the American experience. The purpose of this course is to provide an understanding and appreciation of the historical foundations of law as practiced today, and to enable practitioners to use historical argumentation and challenge historical fallacies in the courtroom. Three hours of lecture and discussion. No attendance requirement. Open-book, take-home final exam. 3 units. Same as L98 AMCS 698, L22 History 5909, L32 Pol Sci 598.
IP Antitrust (DDE)
W74 611D LAW
01 MTuTh 11:00a-12:00p Ellis
Antitrust (or Competition Law, as it is known outside the US) is the body of law that is intended to make the market system function fairly and efficiently. The course will focus on monopoly and competition, the role that competition plays in society and the ways in which courts and agencies, in the US, EU, and other industrialized nations, have applied those laws to further competitive and other goals. The substantive law considered in the course will cover monopolization, abuse of dominance, horizontal restraints among competitors, vertical restraints between manufacturers and dealers, mergers, and the interplay between antitrust law and the law protecting intellectual property. The approaches to those issues taken by the US, EU, and other nations will be compared and contrasted, as will the extraterritorial reach of the respective legal regimes. Applicable economic principles will be discussed under the assumption that the students have not studied economics prior to taking the course. Attendance and preparation are required. There will be a three hour examination. 3 units.
W74 645B LAW
01 MTuTh 7:30a-8:45a Schermer
After a brief overview of state debtor-creditor law, this course will cover federal bankruptcy law. The majority of class time will be spent working through casebook problems that require an application of Bankruptcy Code provisions to particular fact situations. The course will begin with coverage of individual bankruptcies and then move on to the special issuesassociated with business bankruptcies. Attendance, participation and preparation will all be required. Classes will be held on Monday, Tuesday and Thursday from 7:30 a.m. to 8:45 a.m. The class will meet three times each week for most weeks in August, September and October. As a result, class meetings will conclude for the semester on Thursday, November 2. There will be a three-hour examination that will still be administered during the regularly scheduled exam weeks. 3 units.
Commercial Law (DLK)
W74 702D LAW
01 MTuTh 9:00a-10:00a Keating
This course is designed to familiarize students with some aspects of the law relating to payments and secured transactions. The majority of class time will be spent working through casebook problems that require an application of Uniform Commercial Code provisions to particular fact situations. Articles 3, 4, and 9 of the Uniform Commercial Code will be the principal focus of the course, with the three hours allocated approximately half to Articles 3 and 4, which govern payments, and approximately half to Article 9, which governs secured transactions. Attendance, participation and preparation will all be required. There will be a three-hour examination. 3 units.
Conflict of Laws (SFA)
W74 536 LAW
01 TuTh 12:00p-1:30p Appleton
This course examines legal problems that arise from occurrences transcending state or national boundaries: choice of applicable law, constitutional limitations thereon, jurisdiction of courts, recognition of foreign judgments, and an analysis of these problems in the specific context of divorce. Although the course will emphasize conflicts among the American states, selected international problems will be examined. Conflict of Laws provides an excellent review of a number of substantive courses as well as Civil Procedure because the cases examined in Conflict of Laws cover a variety of different topics including, for example, torts, contracts, property, insurance, and family law. Several contemporary controversies raise issues explored in this course: the effect elsewhere of same-sex marriages validly celebrated in Massachusetts or countries such as Canada, the applicability of the U.S. Constitution to the detention elsewhere of "enemy combatants," mass tort actions, and the laws applicable in "Cyberspace" - to name just a few examples. Much of the analysis in the course is necessarily policy-oriented, and few black-letter rules exist. Although many state bar examinations include Conflict of Laws, I suggest you not enroll in this course if your ONLY interest in the subject is preparing for such examinations. The exposure to Conflicts necessary to pass those tests is generally provided in the standard bar review courses. On the other hand, every practicing attorney regularly confronts Conflicts issues. The material this course covers, therefore, has considerable practical value while also offering the opportunity to become familiar with the legal principles and policies that underlie the contemporary controversies noted above. Regular class attendance and participation are required. The exam will be a closed book, three-hour test. 3 units.
W74 538P LAW
01 TuTh 12:00p-2:00p Weinberger
Corporations provides a detailed introduction to the law of agency, partnership, limited partnerships and corporations. The 4 unit course focuses on issues related to closely held and publicly traded corporations. Consideration of the legal standards of care and loyalty required of officers and directors, and their liability under common law, state corporation laws and the Federal securities laws is an integral part of the course. There will be a three or four hour open-book essay final exam. 4 units
Employment Law (PK)
W74 613B LAW
01 MTuTh 10:00a-11:00a Kim
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? What are the advantages and disadvantages of conceptualizing rights at work as individual as opposed to collective rights? The class explores these questions in regards to a series of concrete interests, such as job security, job mobility, privacy and other dignitary interests, employee speech, employee compensation and benefits and health and safety concerns. Attendance and preparation are required. Grades will primarily be based on performance on a timed final exam. Class participation and completion of in-class written assignments will also be taken into account. 3 units.
Environmental Law (MIL)
W74 614B LAW
01 TuTh 4:30p-6:00p Lipeles
This course explores the field of environmental law by focusing on five key federal environmental laws -- the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act (popularly referred to as "Superfund"), and National Environmental Policy Act. Different approaches to environmental regulation, including significant recent developments in statutory and regulatory changes, will be considered and evaluated. Regular attendance and preparation are expected. Grade is based on a three-hour written examination. 3 units.
Estate & Gift Taxation (KAM)
W74 629H LAW
01 Mtu 12:00p-1:30p Moore
Enrollment limit: 40. An introduction to the Federal system of taxation as it pertains to wealth transfers, covering the gift and estate transfer taxes. We will also review the recent legislation dealing with the repeal of the estate and generation skipping tax. The course will also cover the related Federal income tax provisions. While some familiarity with the Internal Revenue Code will be helpful, it is not mandatory. Similarly, prior study in the law of Future Interests, Trusts and Estates, and Property would be helpful but is not a prerequisite. There will be a final exam. Regular attendance and class participation are expected. [This course is not open to students in the Graduate Tax Program. Questions can be directed to Kelly Moore, Director of the Graduate Tax Program, at firstname.lastname@example.org or 314-935-8768.] 3 units.
W74 547B LAW
01 MTuTh 9:00a-10:00a Kuhns
02 MTuW 2:00p-3:00p Kuhns
Analytical study of the principles and rules governing the proof of facts in civil and criminal trials. In addition to examining the Federal Rules of Evidence and their common law counterparts, the course will address broad issues such as what it means to "prove" or to "know" something, the allocation of decision making between judge and jury, the objectives of adjudication, and the relationship between those objectives and rules of evidence. 3 units.
Federal Income Tax (CB)
W74 549B LAW
01 MTuWTh 10:00a-11:00a Block
This four unit course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. Students will work extensively with the Internal Revenue Code. Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on an in class timed final examination. No more than one-half of the final examination will consist of multiple choice questions. The remainder of the examination will include essays. 4 units.
Federal Jurisdiction (JND)
W74 634D LAW
01 MTuTh 11:00a-12:00p Drobak
Federal Jurisdiction is one of the capstone courses in a law school's curriculum. It is not merely a course about the use of the federal courts. Rather, it is a course that deals with fundamental issues of governance in a federal system where power is limited by co-equal branches of the government. These fundamental issues will be examined in the context of the relationship between the federal courts and both Congress and the President and the relationship between federal and state courts. We will study a variety of specific legal doctrines relating to the federal courts, such as congressional control over federal court jurisdiction; the federal courts' control over their own dockets through such doctrines as standing, ripeness, mootness and political question; limitations on district court jurisdiction for federalism purposes, such as the Anti-Injunction Act and the abstention doctrines; federal issues in state court; and, if time permits, the eleventh amendment and sovereign immunity. The textbook, Hart and Wechsler's The Federal Courts and the Federal System, which is on reserve in the law library, is the classic book for this course, with so much information in the notes that it is like a small treatise. The reading assignments will average about 25 pages per class. Attendance and preparation are required. The grade will be based on a three-hour closed-book essay exam. 3 units.
Immigration Law (SHL)
W74 630 LAW
01 MTuTh 12:00p-1:00p Legomsky
This course covers the legal, historical, social, philosophical, and policy foundations of immigration control; the modern debate over immigration; the substantive criteria and procedures that govern the admission of non-U.S. citizens to the United States for both permanent residence and temporary visits; deportation criteria and processes; the national security and civil liberties implications of immigration policy; refugees and political asylum; undocumented migrants; and the acquisition, loss, and significance of United States citizenship. The focus will be on the law of the United States, but both comparative law and international law perspectives will also be introduced. In addition to carefully reasoned legal analysis, these subjects will require consideration of the moral, political, and foreign affairs consequences of immigration control. Students will analyze a wide variety of fact problems requiring strategic decisionmaking and interpretation of complex statutory provisions. Students also will participate in several simulation exercises, including possibly an attorney-client asylum interview, legislative committee testimony, a congressional debate, and appellate argument. There are no prerequisites or co-requisites. Regular attendance and rigorous preparation will be required. Grades will be based on a written, timed, open book final examination. 3 units.
International Human Rights Law (SHL)
W74 619A LAW
01 TuTh 3:00p-4:30p Legomsky
This course is an introduction to the international structure for the protection of selected human rights: laws, procedures, institutions, and policies. Particular emphasis will be placed on the roles of the United Nations and various regional associations. The readings will contain not only legal documents (treaties, executive orders, cases, etc.), but also nontraditional passages such as human rights reports, newspaper articles, political essays, and the like. Regular attendance and rigorous preparation will be required. There are no prerequisites or corequisites. Grades will be based on a written, timed, open book final exam. 3 units.
IP International Law (APM)
W74 553A LAW
01 WF 9:30a-11:00a Mutharika
An introduction to rules that govern relations among states as well as relations between states and other entities. A critical examination of the theories that underlie these rules and the institutions within which such rules have evolved will be made. Particular attention will be given to the relevance of such rules and institutions to contemporary international problems. Attendance and preparation are required. There will be a regular open book examination at the end of the course. 3 units.
International Organizations (APM)
W74 560A LAW
01 TuTh 4:30p-6:00p Mutharika
This course examines the role of international organizations in the management of global issues. While a large part of the course will deal with the United Nation's role in peace management and conflict resolution, the role of other organizations (both intergovernmental and nongovernmental) will also be examined. Specific case studies such as Iraq, Bosnia, Cambodia, Angola, Somalia and Western Sahara will be used to examine the efficacy of these organizations in managing global issues. Attendance and class participation are required. The final grade will be based on a take-home examination. 3 units.
Є Legal Profession (LG)
W74 563K LAW
01 W 3:00p-6:00p Gross
[This course is part of the ethics curriculum; it is considered a survey 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 study of the law and institutions which govern the lawyer in our society, with emphasis on the various roles of the lawyer in the legislative, judicial administrative and private legal processes. We will examine the rules which govern lawyers' behavior: the ABA Model Rules, case law, the Constitution, etc. with particular focus on whose interests are protected by the rules. We will also watch clips from television shows and movies which involve lawyers' ethics. The class will discuss practical problems about how lawyers can avoid potential legal ethics pitfalls. The grade will be based on two components: (1) a paper which will be based on an analysis of the legal ethics issues in a novel to be assigned; and (2) a multiple choice final. 3 units.
W74 601 LAW
01 MTuTh 11:00a-12:00p Levin
In most law school courses, judge-made law is the center of attention. In real-world settings, however, lawyers frequently find themselves spending more time working with statutes than with case law. In order to equip students to survive in our so-called "age of statutes," this course attempts to shed light on legislation and the processes that give rise to it. The first half of the course will examine legal rules that govern the legislature, including such topics as lobbying regulation, bribery statutes, ethics rules, open meetings laws, the line-item veto, the filibuster, and judicial review of legislative decision making procedure. The second half of the semester will be a more straightforward doctrinal unit, examining the ways in which legislation is implemented in the courts. The primary focus will be on principles of statutory construction. Students will acquire a working knowledge of the uses and abuses of canons of construction, legislative history materials, and other tools that lawyers and judges employ as they try to make sense of legislation. Regular attendance and preparation will be expected, and sanctions may be imposed on egregious offenders. The course grade will be based on a timed exam. 3 units.
IP Patent Law (FSK)
W74 623E LAW
01 TuWTh 2:00p-3:00p Kieff
This course is designed to make Patent Law accessible to students of all backgrounds, from Liberal arts to hard sciences. The course will first unpack the major normative theories of intellectual property, generally, and of Patents in particular. Then it will address the core legal rules of Patent Law - beginning with the broad and accessible notions of patent law's disclosure requirements; continuing with the requirements of novelty, non-obviousness, and utility; and ending with the more technical issues relating to statutory subject matter. The course will next examine the scope of the patent grant including infringement and remedies. Finally, the course will explore appellate practice before the United States Court of Appeals for the Federal Circuit and the complex choice of law and preemption problems that are presented by this unified Forum for patent appeals. At this Juncture the course will analyze the dynamic interaction among the law of patents, trade secrets, unfair competition, antitrust, and other substantive and procedural issues of state and federal law. Throughout the course there will be a heavy emphasis on normative analysis and it's application to current and potential alternative positive law regimes. Class participation will be considered in determining the final grade. There will be a final examination. 3 units.
Pensions and Tax-Favored Savings (PJW)
W74 599C LAW
01 MTuTh 9:00a-10:00a Wiedenbeck
This course is an introduction to the law governing pension and other employee benefit plans. The tax treatment of contributions to, earnings of, and distributions from qualified (i.e., tax-subsidized) and non-qualified deferred compensation arrangements will be compared. The rules governing the terms and operation of qualified deferred compensation plans are studied intensively, including workforce coverage, allocation of contributions and benefits, funding, fiduciary responsibility, vesting, timing and forms of distributions. The economics of deferred compensation and the dual policies of protecting employee reliance interests and properly targeting the retirement savings tax subsidy are emphasized. The course will be taught from a casebook and a statutory pamphlet. Students will work extensively with Subchapter D and related provisions of the Internal Revenue Code (including the regulations pertaining thereto), and the Employee Retirement Income Security Act of 1974 (ERISA). Attendance and preparation are required and sanctions will be imposed on serious offenders. The course grade will be based predominately on a final examination which will be an in-school open book exam, either three or four hours in length (to be determined), the majority of which will consist of essay questions, although there may also be a short-answer component. Additional course information is available on the web at /Faculty/Wiedenbeck. 3 units.
Є Secrecy, Whistle-blowing and Leaking (KC)
W74 717A LAW
01 TuTh 4:30p-6:00p Clark
[This course is part of the ethics curriculum, but is not considered a "survey" ethics course; therefore, students who take this course are eligible to take other ethics courses.] This course explores the obligations facing persons who possess confidential information in a variety of legal contexts. It examines lawyers' obligations of secrecy and their options for whistle blowing. In addition to case law and law review articles, students will read Albert O. Hirshman's, Exit Voice & Loyalty and a variety of other materials, including cases. Students are expected to prepare for and participate in class discussions, complete several short written assignments, and either write an analytical paper of publishable quality on a topic related to the themes of this course or complete a take-home exam. 3 units.
Securities Regulation (SWB)
W74 569E LAW
01 MTuTh 10:00a-11:00a Buell
Pre/Co-requisite: Corporations. The primary subjects of this course are the regulation of capital formation under the Securities Act of 1933 and the regulation of securities trading, including civil and criminal sanctioning for fraud. The course's primary objectives are to develop the skills needed to master a large, complex body of federal statutory and regulatory law; to stimulate thought and discussion about the role of government in investment markets; and to familiarize students with the regulatory framework governing securities in the United States. The course emphasizes the wording of the law, legislative intent, and the role of agencies and courts in filling in open texture in legislation. Case law is emphasized less than in most courses. Regular attendance and participation are expected. There will be a final exam. 3 units.
IP Speech, Press & the Constitution (NMR)
W74 609K LAW
01 TuTh 3:00p-4:30p Richards
This course is intended to provide an overview of the jurisprudence of the free speech and press clauses of the First Amendment to the United States Constitution. The focus will be (1) on the development of First Amendment law over time from its origins through to modern issues of free speech in cyberspace, as well as (2) on the philosophical and normative justifications for both the general principle of freedom of expression and recognized or proposed exceptions to that principle. In examining these issues, we will cover a number of topics in the jurisprudence, including subversive advocacy, hate speech and "fighting words," sexually explicit expression, commercial speech, indecent speech, symbolic speech, public forum doctrine, and the tension between tort law (including libel law and privacy rights) and the First Amendment. Attendance and participation are essential. There will be an in-class final examination. 3 units.
State and Local Government (DRM)
W74 617 LAW
01 TuTh 3:00p-4:30p Mandelker
The purpose of this course is to provide an understanding of the role and function of state and local governments in a federal system. Lawyers in private practice frequently must consider state and local government law issues as well as lawyers who work for government agencies. For example, it is estimated that one out of every eight tort suits is brought against a local government. Topics covered include annexation and incorporation; government structure and powers; taxation and finance; tort, section 1983 and antitrust liability; special legislation and delegation of legislative power; licensing, voting rights and education finance; and the role of the chief executive and the courts in policy making. A final chapter covers suits against local government through use of the extraordinary writs. There is a web site for the course, which is accessed in class, and which contains supplementary materials. Class participation and attendance are required subject to excuse. One unexcused absence is permitted. There is an eight-hour, take-home, open book examination. 3 units.
IP Theory of Property Rights (JD/DN)
W74 699A LAW
01 TuTh 1:00p-2:30p Drobak / North
Enrollment limit: approx. 25 law students & 25 economics students. This course is cross-listed in the Economics Department. This law and economics course focuses on how the law affects the course of economic growth. It is jointly taught by Professor John Drobak of the law faculty and Professor Douglass C. North of the economics faculty. The enrollment is made up of both law and economics students. The course will begin with two weeks of introduction to economic theory and history. That will be followed by study of the law and economics of Ronald Coase's pathbreaking article "The Problem of Social Cost." The course will then examine the historical development of the law merchant and its incorporation into modern commercial law. The course will also examine the law and economics of the limits imposed on government regulation by the takings clause of the fifth amendment, followed by the study of the law and economics of rent control. Other subjects studied in the course will include some or all of the following: slavery and labor contracts, cognition and contract law, airline deregulation, telecommunication regulation and environmental law. There will be an hour and a half mid-term exam, an hour and a half final examination, and an 8-12 page term paper. Attendance and preparation are expected. Some classes will be taught primarily by lecture, but most classes will entail typical classroom discussion. There is no economic prerequisite for law students, although it would be helpful for law students to have taken one course in price theory or micro-economics. If law students have not, it will require some additional work to understand some of the economic instruction in the course. 3 units.
Trusts & Estates
W74 575M LAW
01 W 9:00a-10:00a and F 9:00a-11:00a Moore
This course will examine the basic legal doctrines and rules applicable to transfer of decedents' wealth by intestate succession, will, and trust. It will focus on the following topics: State Control of Inheritance; Intestate Succession; Will Execution, Attestation, Revocation, and Construction; Restrictions on Testation: Family Protection; Trusts: Varieties (emphasizing private express and charitable trusts), Creation, Modification, and Termination; and Fiduciary Administration. The course will not cover future interests, estate planning, or estate and gift taxation since separate, specialized classes and seminars are offered on each of these important topics. Regular attendance and preparation will be required. Grades will be based on a three-hour open book final examination. 3 units.