Upper Level Seminars Fall 2006

(updated: 4/24/06)

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/).

[J.D. students must successfully complete one seminar in order to graduate. Deadline for pre-registration for seminars – for Fall 2006 and Spring 2007 – is 12:00 noon on Mon, March 27, 2006.  After that date, interested students should email Colleen Erker, erker@wustl.edu; however, the odds of getting into many of the seminars diminish after the pre-registration deadline. Seminar enrollment information, including waitlist information, can be found at/Registrar/. Waitlists for seminars are not kept in WebSTAC, but are kept by hand in the Registrar's Office so that students can be on a number of seminar waitlists without the units counting toward their 21 maximum.Most seminars are not graded anonymously because professors work with students on their writing projects throughout the semester. The withdrawal policy for seminars is that once a seminar has met, students must obtain professor permission to drop via the “Seminar Add/Drop Form” found by the student mailbox or at /Registrar/]

Adoption & Assisted Reproduction Seminar (SFA)
W76 749S LAW
01 M 3:00p-5:00p Appleton
This seminar examines adoption and assisted reproduction, two ways to create families without sexual procreation. Coverage of adoption will entail a review of its history as a child-welfare measure, examination of the adoption process, and consideration of the consequences of adoption (including variations such as equitable adoption, stepparent adoptions, and second-parent adoptions). Important and timely policy debates, such as adoptions by gays and lesbians, transracial adoption, international adoption, confidentiality versus disclosure of adoption records, and open adoptions, all will receive attention. The seminar will compare and contrast adoption to its modern "alternatives" - the various forms of assisted reproduction (donor insemination, in vitro fertilization, egg donation, traditional and gestational surrogacy, and embryo adoption), methods of family creation used traditionally by infertile couples and, increasingly, by gay and lesbian couples. Again, sharply contested policy issues will be emphasized (such as parentage rules for children born from collaborative reproduction; the effect of private agreements; and the role of race, class, sexual orientation, and gender in assisted reproduction). The seminar will have regular class meetings, with regular assignments. Students will be required to research a topic and to write a paper on this topic (both a first draft and a more polished version after comments from the professor), to participate in class discussions, and to share their paper topics with the class. Students who have taken Reproductive & Parental Rights Seminar, are not eligible to take this seminar. 3 units.

IP Biomedical Research Law & Policy Seminar (RSD)
W78 628S LAW
01 M 3:00p-5:00p Dresser
Enrollment limit: 16. The twentieth century biomedical research revolution has generated numerous conflicts demanding legislative, judicial, and regulatory action. This seminar will address some of the most pressing issues raised by modern research activities. Course readings and discussion will review issues relevant to research involving human participants, including general ethical and regulatory principles governing human subjects research, and special issues raised by studies involving seriously and critically ill individuals, randomized clinical trials, and research involving vulnerable populations, such as children, persons with cognitive impairment, and prisoners. The course also will address research involving human embryos and fetal tissue, scientific misconduct, research conflicts of interest, and issues related to commercialization of research using human tissue. Students interested in exploring the intersection of law and biomedical science are encouraged to enroll. Students will choose their seminar paper topics from a list of general areas relevant to research law and policy. They will be required to write a rough and final draft of the paper. They also will be required to present and discuss their ideas with the rest of the class. Papers will ordinarily be between 25 and 30 pages of text. Students will meet with the instructor on an individual basis to discuss their presentations and paper ideas. Grades will be based primarily on the quality of students' papers; oral presentations and class participation also will be taken into account. (This seminar is not graded anonymously because the professor works with students on their writing project(s) throughout the semester.) 3 units.

Constitutional Interpretation & Jurisprudence Seminar (MB)
W76 750S LAW
01 M 3:00p-4:30p Borowski
Enrollment limit: 16. In the seminar on constitutional interpretation, students have an opportunity to examine a problem in constitutional law from the standpoint of one or another of the current views on constitutional interpretation, this with an eye to writing a research paper. Typically, though not necessarily, the student's examination of a particular approach to the Constitution ("constitutional interpretation") will take place in the context of a particular case or case-law development. One modern example illustrating the central importance of a theory of constitutional interpretation stems from the area of privacy. Abortion and also certain forms of sexual behavior, which have been proscribed in the legislation of many States, enjoy, it is argued, protection under a constitutional doctrine of privacy. What is the doctrine of privacy? And what sort of argument can be adduced on behalf of the doctrine where it is understood as stemming from the Constitution? Does a still more fundamental value, say, individual autonomy, lie behind the doctrine of privacy? Or, a student may wish to take up an issue in constitutional interpretation that includes a comparative dimension. If constitutional scholars Mark Tushnet and Jeremy Waldron reject constitutional review of congressional legislation, are there European variations on the theme of constitutional review that meet their objections? Or, a student may wish to take up a question of "constitutional interpretation" in the context of the European Union. An alternative rubric for a student's research, if he or she should elect the field, is a topic in jurisprudence - that is, legal philosophy proper. Here a number of classical issues arise: competing views on the relation between law and morality, justification of human rights, competing views of the function of legal rules, etc. After three orientation meetings at the beginning of the semester - meetings at which I will introduce the range of material and topics - the seminar reverts to the format of "supervised independent research" (i.e. several one-on-one meetings with me in the course of the semester rather than class meetings). The semester culminates in the completion of a research paper. (This seminar is not graded anonymously, for the professor works with students on their writing projects throughout the semester.) 3 units.
[Note: After three group meetings at the beginning of the semester, students will meet one-on-one with professor.]

Environmental & Land Use Litigation Seminar (DRM)
W76 630S LAW
01 M 3:00p-4:30p Mandelker
Enrollment limit:16. Litigation issues and strategies play a critical role in shaping land use and environmental law. The seminar will be based on a hypothetical environmental or land use case. During the first part of the seminar each student will prepare either an amicus or party brief in support of one of the parties in the case. In the second part of the seminar these roles will be reversed. A student who prepared a party brief will prepare an amicus brief for the other side. A student who prepared an amicus brief will prepare a party brief for the other side. Each brief will also be revised once. Oral arguments before a panel of judges will be scheduled for students who want to argue the case. All briefs will be eight pages in length. The class will meet periodically during the semester to discuss the writing assignments. The emphasis in the seminar is on writing and presentation. Research sources will be made accessible. The cases I have prepared for the seminar in previous semesters have been either environmental or land use cases or a mixture of both. I would like students who enroll in the seminar to write me and tell me what kind of case they would prefer. This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester. Attendance at class sessions and conferences on briefs are not required, but a failure to do either will be taken into account in the final grade. 3 units.