Upper Level Applied - Spring 2007
IPAdvanced Intellectual Property Topics (GU)
W75 530F LAW
Enrollment limit: 24. [** This is an advanced IP course - see below for details on eligibility of non-IP LLMs to take this course. Students cannot register themselves online for this course. IP LLMs should register by emailing firstname.lastname@example.org.] An in-depth study of selected intellectual property topics. Some knowledge of intellectual property law and federal civil procedure is presumed. The focus of the course will be on topics that are of current interest and importance in intellectual property litigation. For example, previous classes have examined Hatch-Waxman provisions relating to biotech patents; jurisdiction based upon Internet contacts; circumvention of technological measures under the Digital Millenium Copyright Act; and exclusion of expert witnesses in patent cases under Daubert. Students will be expected to prepare four or five papers of twelve pages in length. Each topic addressed will involve a detailed examination of the topic as applied to a real-world factual situations. Most topics will be addressed for two or three weeks.
**[This course is open to intellectual property LLM students. If space is available, Prof. Upchurch (email@example.com) or Prof. McManis, Director of the Law School IP program (firstname.lastname@example.org), may grant admission to this class on an individual basis to 3L or other non-IP LLM students who have completed one or more classes on patents, trademarks, or high-tech licensing. J.D. students will be given letter grades (A, B, etc), because there is no mandatory mean for this course. Therefore, the grade for this course will not be calculated into the GPA of any JD in the course. JD students: to register you must turn in the approval form (found by the student mailboxes or at /Registrar/Forms/permission_take_advanced_ip.html) to the box on the counter in Rm 303. In lieu of Prof. Upchurch's or Prof. McManis' signature on the form, you may attach to the form an email indicating their permission. Interested graduate level students from non-law W.U. departments may seek permission to take this course - see instructions on the form found at /Registrar/Forms/nonlawrequestfrm.html; Graduate Business School students are encouraged to apply.]
01 TuTh 5:00p-6:30p - Gregory Upchurch
Advanced Legal Research (PB/AW)
W74 523B LAW
Enrollment limit: 22 Advanced legal research is a two credit course covering all aspects of the legal research process. Areas to be covered included: legal publications that assist the practicing attorney, sources of foreign and international law, sources that assist the legal researcher in gathering scientific and social science data. Special emphasis will be given to online sources of information. Laptops are required. It has not yet been determined whether there will be a final paper or an examination. 2 units.
01 TuTh 1:00p-2:00p - Phil Berwick / Aris Woodham
Advanced Practical Criminal Procedure (MB/JG/HG)
W74 607A LAW
Enrollment limit: 16. This applied skills course will examine various aspects of client representation and advocacy from a perspective unique to criminal practice. Topics covered will include initial interviews( of clients or victims), grand jury and preliminary hearings, discovery, pretrial motions and hearings, plea bargaining, voir dire, expert witnesses, jury instructions, sentencing, and post conviction proceedings. For each topic, there will be both assigned readings and practice exercises, which include either classroom simulations or short written assignments. Throughout the semester, each student will have an opportunity to participate in the exercises as a federal or state prosecutor, and as a criminal defense attorney. Further, most classes will have a prominent local prosecutor or defense attorney as a guest lecturer. Regular attendance and preparation are required. Students will be graded based on class participation, classroom performance in the simulations, and the written assignments. This course is for the student who has an interest in practicing in the area of criminal law, from either the government or defense side, as well as the student who simply wants a practical behind the scenes look at the criminal justice system. Prerequisite: Evidence. Students are encouraged to take Trial Practice & Procedure prior to taking this course, although it is not a prerequisite. 3 units.
01 Th 5:00p-8:00p - Hon. Michael Burton / Hon. Jack Garvey / Hal Goldsmith
Advanced Trial Advocacy
W75 503A LAW
Enrollment limit: 6 per section (minimum: 4 per section). Prerequisites: Trial Practice & Procedure (Note that 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 tolearn 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 Tuesday, January 2, 2007, 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. [See third section under "Advanced Trial Advocacy: Catastrophic Injuries (Focus: Medical Malpractice)"]
01 M 6:00p-9:00p - Kevin Curran
02 M 6:30p-9:30p - Michael Reap
03 - Canceled
Advanced Trial Advocacy: Catastrophic Injuries (Focus: Medical Malpractice)
W75 503B LAW
Enrollment limit: 6 (minimum: 4) Prerequisities: 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 develop skills learned in the basic Trial Practice & Procedure course as well as to learn new trial skills, including integrating state of the art technology into effective trial presentations. The course focuses on techniques used in cases involving catastrophic injury, particularly medical malpractice cases, and uses actual case and investigative materials from a medical malpractice case tried in the City of St. Louis. There will also be readings focused on various aspects of trial. Each week there will be a discussion of various trial practice issue, and there will be hands-on student exercises practicing various aspects of trial such as jury selection, opening statements, direct and cross-examination, working with expert witnesses, and closing argument. The final class will involve trying a medical malpractice case to a jury, but in a more complete format than used in the weekly class sessions. This course will meet once a week for three hours. It will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Each 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 Tuesday, January 2, 2007, 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.
01 Th 3:00p-6:00p - Burton Newman
Alternative Dispute Resolution Theory & Practice
W74 641M LAW
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 Thurs, Jan. 11, 2007, 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.
01 W 1:00p-4:00p - C.J. Larkin
02 W 1:00p-4:00p - Jim Reeves
03 W 6:00p-9:00p - Lenny Frankel / Rob Litz
04 - this section was canceled due to low enrollment
Arbitration Theory & Practice (TMB)
W74 612A LAW
Enrollment limit: 20. This course introduces students to the theory and practice of Arbitration. This course will address the uses and modes of arbitration in various contexts, including commercial, construction, employment, and international. The course will examine common law, the Uniform Arbitration Act used by most states, and the U.S. Arbitration Act. The course focuses on the manner in which analytical and interpersonal skills necessary for attorneys to be successful in arbitration differ from those in litigation. The course develops analytical frameworks through case studies and articles, in which students examine lessons from both theorists and practitioners. Student grades are based on written assignments throughout the semester, preparation for and participation in class discussions and simulations, and a take-home final paper. Students are graded according to the standard numeric grading scale. There are no prerequisites for this course. 3 units.
01 W 6:30p-9:30p - Tom Blumenthal
Business Negotiations: Theory & Practice (RM)
W74 578C LAW
Business Planning & Drafting: The Deal (RE/MO)
W74 583F LAW [Note corrected course number]
Enrollment limit: 20. 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.
01 M 6:00p-9:00p - Robert Endicott / Michael Oberlander
Commercial Real Estate Practice & Drafting
W74 710D LAW
Enrollment limit: 20. This two unit course will be a theory and practice course, combining the study of substantive law with practical application, drafting and problem solving. The course is planned and directed toward students considering commercial real estate practice. Students taking this course will get an exposure to common issues arising in commercial real estate acquisition, development, financing and lease transactions. Throughout the course, students will be asked to discuss and role play the relative positions and motivations of the seller and purchaser or developer and lender, as applicable, in a typical commercial real estate transaction. Although the basic commercial real estate transactions course is not a prerequisite, this commercial real estate course will continue and expand upon many topics covered in the basic course. Attendance and preparation will be required. The final grade will be based on class participation, drafting assignments throughout the semester, and a final exam. 2 units.
01 W 6:30p-8:30p - Steve McCandless / Caroline Saunders
Construction Law: Planning, Drafting & Dispute Resolution Issues in Development, Design & Contracting (JAC)
W74 710A LAW
Enrollment limit: 20 The focus of this two unit applied skills course will be three-fold. First, to provide the overview needed to learn how the various documents that comprise the total construction development package relate to each other. Second, to familiarize students with the language and purpose of the contract provisions needed to protect the interests of the various participants in the development, design and construction process. Third, to give students practical experience in drafting contract language in order to protect the interest of their clients. Each class will focus on a brief problem description, which will identify various parties and issues relating to the general topic to be discussed (e.g., termination provisions, scope of work, ownership of documents, etc.) Regular attendance and preparation will be required. There are 4 papers and a final contract drafting exercise. The final grade will be based on the drafting exercises and on class participation. This course will not be graded anonymously because the grade will be based on a paper on which the instructor will work closely with each student.
01 M 6:00p-8:00p - Joseph Colagiovanni
Environmental Moot Court (MK)
W75 605N LAW
Enrollment limit: 96. [Students must register online for this intramural competition.] Note this course has special add/drop dates determined by the student board and faculty advisor. Students must attend the informational meeting at the beginning of the semester, along with a brief writing seminar and an oral argument seminar. Students work in teams of two for the preparation of an appellate brief and the presentation of a minimum of two oral arguments concerning an environmental law issue. Semi-finalists are selected based on their written brief score and oral argument scores from the two preliminary rounds. The winning team represents the law school in the National Environmental Moot Court Competition. This course is graded on a credit/no credit basis. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] 1 unit.
01 TBA - Michael Koby
Estate Planning & Drafting
See “Family Wealth Planning & Drafting”
Estate Planning & Drafting: Advanced Topics (LB/SL/DS)
[* This is an advanced tax course -- see below for details on eligibility of J.D. students to take this course.] Enrollment limit: 20. This course will focus on the federal transfer tax system (gift, estate, and generation-skipping taxes) and its application to practical estate planning, both on a basic and a more advanced level. This course assumes a basic knowledge of the federal transfer tax system; courses in estate and gift taxation and trust and estates provide important background for students interested in this course, and without such a background students may find that they will need substantial self-study to keep up with the class discussion. (As noted below, a course on estate and gift taxation is a prerequisite for J.D. student enrollment.) The planning portion of this course will be taught from instructor generated outlines, which cover the basics of estate planning, as well as sophisticated estate planning techniques, including marital deduction planning, charitable planning, insurance planning and advanced trust planning. The drafting portion of this course will focus on common drafting problems and suggested solutions to drafting client will and trust documents. Depending on the time available, students may have the chance to use a computerized drafting system to draft all or a portion of the various legal documents used in the estate planning process. Class time will be devoted to a discussion of the planning techniques. The grade for the course will be based primarily on a final examination, which focuses on the planning concepts discussed in class; a small portion of the grade may be based on student participation and class meetings. Attendance is expected, but not required; again, the examination will cover what is discussed in class. Readings for each class hour will be substantial because of the advanced level of the course. 3 units.
01 TUE 4:30 - 6:00 p.m. + THU 4:30 - 6:00 p.m. - Lawrence Brody / Steve Laiderman / Doug Stanley
[* This course is designed primarily for graduate tax students. If space is available, upper-level J.D. students may take this course provided that: (1) they have successfully completed a basic course on estate and gift taxation; and (2) they receive the permission of the Director of the Graduate Tax Program. J.D. students will be given letter grades (A, B, C, etc.), because there is no mandatory mean for this course. Therefore, the grade for this course will not be calculated into the GPA of any J.D. student in the course.]
Family Wealth Planning & Drafting (KAM)
W74 628B LAW
Enrollment limit: 20. This is an applied estate planning course. Students will both analyze existing documents and draft original documents. By the end of the semester students will have a thorough understanding of simple wills, marital wills, and a variety of trust documents. The course involves consideration of a number of sophisticated planning situations and an understanding of the transfer tax provisions of the Internal Revenue Code and Regulations, as well as techniques necessary for the acquisition of a moderate level of expertise in the field. Prior coursework: Estate and Gift Taxation, while not required, is strongly recommended (those students who have not taken Estate and Gift Taxation may be at a disadvantage in this course); Trust & Estates, while not required, provides useful background information. 3 units.
01 TuTh 4:30p-6:00p - Kelly Moore
Health Insurance Law & Regulation (DH)
W74 707F LAW
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.
01 W 6:00p-8:00p - David Henley
Intellectual Property Moot Court Team-Patents & Copyrights (CRM)
W75 606M LAW
Enrollment limit: 6. [Students do not register online for this course.] 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.
01 TBA - David Deal
Intellectual Property Moot Court Team-Trademarks & Unfair Competition (CRM)
W75 606N LAW
Enrollment Limit: 6. [Students do not register online for this course.] 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 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.
01 TBA - David Deal
International Moot Court Team (LNS)
W75 612S LAW
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 attend International Courts & Tribunals–Practice & Procedure (Fall 2006 semester: TUE 6:30p-8:30p); those 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.
01 TBA - Leila Sadat / Gilbert Sison / Michael Peil
IPInternet Law: Emerging Issues (CF/MS)
W75 501D LAW
Enrollment limit: 30. This 2 unit course will examine the development of the law of information and commerce on the Internet. At least half of the class will focus on key laws and legal doctrines relating to the Internet, including the special liabilities of various Internet users (conduits, content providers, and users), the trademark- and copyright-related issues flowing from typical Internet actions and activities, and the law of electronic commerce. This portion of the class will be taught using the traditional case book method. The course will then examine several emerging Internet issues which may include ones such as cyber-trespass, privacy torts, online privacy, data security, search engine services, gripe sites, anonymous postings, keyword and pop-up advertising, international jurisdiction, search engine liabilities, database protection, and digital rights management. Grades will be based on class participation, a mid-term exam covering basic Internet law, and a paper concerning an emerging issue. There will be no final exam. This course will not be graded anonymously because the grade will be based in part on class participation and a paper which may be discussed in class. It is highly recommended, but not required, that students have taken or be concurrently enrolled in any of the following courses: Trademarks & Unfair Competition; Copyright & Related Rights; and Trademark Practice. 2 units.
01 M 5:00p-7:00p - Charles Fendell / Mark Sableman
Є Litigation Ethics and Practice Management (MPD)
W74 651D LAW
Enrollment limit: 24. [This course is part of the ethics curriculum and is considered a "survey" ethics course.] Civil litigators often face ethical and practice management dilemmas as they attempt to start a practice, develop business, and support themselves while representing clients. This class attempts to help students identify and resolve such dilemmas. The curriculum will have focuses on (1) the professional rules that govern a civil litigator's interactions with clients, opposing parties and counsel, tribunals, and others; and (2) the financial, technological, and other issues that influence a practice, as well as the interaction of ethical rules and practical reality. Grades will include class participation, a simulated practice or practice-group development project, and a final take-home examination. 3 units.
01 M 7:00p-9:30p - Michael Downey
IPManagement and Evaluation of Intellectual Property Assets (JK/MH)
W75 537A LAW
Enrollment limit: 20. [** This is an advanced IP course - see below for details on eligibility of non-IP LLMs to take this course. Students cannot register themselves online for this course. IP LLMs should register by emailing email@example.com] This course will provide a survey of different systems and methods of managing intellectual property assets, both from a corporate perspective and from a law firm perspective. This management includes an in-depth review of the various processes for making intellectual property decisions over entire life cycle of a patent, trademark, copyright, trade secret, and license. Building upon this knowledge, we will learn how to conduct an evaluation of an intellectual property portfolio of a target corporation and how to report the findings to the officers of a corporation.
**[This course is open to intellectual property LLM students. If space is available, Prof. Kepler (firstname.lastname@example.org) or Prof. McManis, Director of the Law School IP program (email@example.com), may grant admission to this class on an individual basis to 3L or other non-IP LLM students in the School of Law who have completed one or more classes on patents, trademarks, or high-tech licensing. J.D. students will be given letter grades (A, B, etc), because there is no mandatory mean for this course. Therefore, the grade for this course will not be calculated into the GPA of any JD in the course.
JD students: to register you must turn in the approval form (found by the student mailboxes or at /Registrar/Forms/permission_take_advanced_ip.html) to the box on the counter in Rm 303. In lieu of Prof. Kepler's or Prof. McManis' signature on the form, you may attach to the form an email indicating their permission. Interested graduate level students from non-law W.U. departments may seek permission to take this course - see instructions on the form found at /Registrar/Forms/nonlawrequestfrm.html; Graduate Business School students are encouraged to apply.]
01 MTuTh 12:00p-1:00p - John Kepler / Mark Hoffman
Media Litigation (BAL)
W74 528C LAW
Enrollment limit: 20. This two unit course will address the nature of pre-trial and appeal litigation practice as it applies to mass media clients. The focus of the course will be upon the unique way in which the stages of litigation apply to representing media clients, emphasizing the extent to which the First Amendment varies civil practice within the media law context. The course will involve drafting pleadings and legal briefs with regard to, among other things (1) defamation actions, (2) subpoenas to the media and (3) Sunshine Law and court access issues. The course will not involve substantial research. Grading will be based upon the writing assignments, class participation and the final. This course will not be graded anonymously. 2 units.
01 W 6:30p-8:30p - Ben Lipman
Natural Resources Law (TJH)
W74 691B LAW
Enrollment limit: 15. The objective of this 2 unit course is for students to develop an understanding of the legal structures governing natural resource management in the United States. The course will be taught by focusing on real-world resource problems that touch upon three areas of the law: water allocation, wildlife management and protection (including endangered species issues), and public lands. In addition to reading assignments and class discussion, there will be presentations by practitioners in the field. Students will be evaluated based on class participation (30%) and a paper (70%). Class discussion is an important component of the course and students will be expected to prepare for every class. The textbook will be Natural Resources Law: A Place -Based Book of Problems and Cases by Klein, Cheever and Birdsong (Aspen Publishing).
01 M 6:30p-8:30p - Ted Heisel
W74 578D LAW
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.
01 Sat, Feb. 3, 8:00a-5:00p and Sun, Feb. 4, 12:00p-4:00p - Kent Syverud
Nonprofit Organizations Planning & Drafting (PHR)
W74 572A LAW
Enrollment limit: 24. This 2 unit applied skills course will examine the unique characteristics of nonprofit organizations. The course will examine the types of nonprofit organizations, the formation of a nonprofit organization and related operational issues including the responsibilities of directors and officers. Obtaining and keeping tax-exempt status, and charitable giving will be covered. The unique issues of religious, higher education and health organizations will be addressed. There will be three (3) written exercises (not graded anonymously) during the semester and a final exam (graded anonymously). Each exercise will be 20% of the grade and the final exam 40%. 2 units.
01 Th 8:00a-10:00a - Peter Ruger
IP Patent Drafting (DW/BW)
W74 623G LAW
Enrollment limit: 20. Students will draft patent claims and prepare and prosecute patent applications. Activities will include studying the results of [conducting] patent searches and preparing patentability opinions; drafting patent applications; preparing responses to official office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. This course will not be graded anonymously because the professors work closely with students on their drafting assignments. A background in engineering or science is highly recommended. 3 units.
01 TuTh 6:30p-8:00p - Doug Warren / Bryan Wheelock
Pretrial Practice & Procedure (PK)
W74 658N LAW
Enrollment limit: 12 per section. This course is offered in several free-standing sections, each of which meets at different times with a different instructor. Each section of the class is limited to a maximum of 12 students and will meet weekly throughout the semester during a 3-hour late afternoon or evening time slot. This course will focus on developing the skills necessary for effective client representation at the pretrial stage of litigation, from the initial interview through settlement negotiations, in the context of employment litigation. The drafting and in-class simulation exercises are centered around two principal cases -- both dealing with allegedly unlawful job terminations. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills, as well as the ability to analyze the factual situations presented under the appropriate substantive laws. Thus, students should expect to do some legal research throughout the semester in order to learn and correctly apply the relevant employment laws. There will be weekly reading assignments and regular individual written assignments, such as pleadings, discovery requests, and settlement documents. Students are also expected to participate in simulations of the lawyering process in class each week. Attendance and preparation are required. A student who misses a total of more than two classes, or who misses any class without first informing the instructor, is subject to required withdrawal from the course. This includes partial absences and absences for school activities like moot court or mock trial. The course will be graded on a modified pass/fail basis (HP94, P, LP78, F70). Grades will be based on performance on written assignments, in-class simulations and participation in class discussion. Because written assignments and in-class performance depend upon the particular role assigned to each student, this course will not be graded anonymously. Course work in Professional Ethics, Evidence, Employment Law and Employment Discrimination may be helpful if taken before or simultaneously with this course, but are not prerequisites. Withdrawal Policy: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: If you are enrolled in this course after Tuesday, January 2, 2007, 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. Prof. Pauline Kim oversees the adjunct taught sections in this course. 3 units.
01 M 4:00p-7:00p - Susan Bindler
02 M 5:00p-8:00p - Jim Nowogrocki
03 Tu 4:00p-7:00p - Michael Ferry
04 W 5:00p-8:00p - Charles Jellinek
05 Th 5:00p-8:00p - Jonathan Berns
06 Tu 6:00p-9:00p - Vincent Reese
07 F 12:00p-3:00p - Paula Finlay Luepke
Securities Law Litigation & Arbitration (JRS)
W74 568A LAW
Enrollment limit: 24. Pre/Co-requisite: Securities Regulation (exceptions possible with permission of professor who can be emailed at jsoraghan@DMFIRM.com). This two unit course will be both academic and practical. It will require students to analyze the elements of and policies underlying the most common securities fraud claims, including Rule 10b-5 and its case law, related statutes and typical arbitration claims, and to apply that analysis to pleading cases in both court and arbitration. We will compare the often highly technical pleading requirements in court under the Federal Rules, the Private Securities Litigation Reform Act, the Securities Litigation Uniform Standards Act, the Class Action Fairness Act, and the conflicting cases thereunder, with the rather amorphous pleading and hearing practice under the rules of the securities regulatory organizations, primarily the National Association of Securities Dealers. There will be several drafting exercises designed to prepare students for motion practice and related proceedings in securities litigation and arbitration. We will also address the case law and the recently adopted Sarbanes-Oxley Act concerning the responsibility and liability of lawyers in their representation of clients in securities law matters generally. We will study the shift of most securities industry disputes to arbitration, what claims are typically found in arbitration and the procedures for their resolution. We will also analyze the growing role of the courts in shaping the structure of the arbitration process. Regular attendance and participation will be required (just as participation in court and in chambers is crucial to a client's result), and will constitute up to 20% of the grade. The remainder of the grade will be based on writing and drafting assignments. If the class is small enough to work with students one-on-one on the papers, the course will not be graded anonymously. 2 units.
01 T 6:00p-8:00p - Joseph Soraghan
Sexuality & the Law: Theory & Practice (DL)
W74 602D LAW
Enrollment limit: 20. This course will introduce students to existing and emerging jurisprudence in the areas of sexuality and the law with an emphasis on practical litigation perspectives. The course will examine caselaw in the context of current debates in the areas of privacy, equal protection, military exclusions, education, marriage, parenting, violence and transgender issues, helping students understand how to devise litigation strategy and assess the impact of emerging litigation and test cases. The course is directed to students interested in learning about substantive law related to sexuality and sexual orientation and to students interested in developing an understanding of public interest and impact lawyering in emerging civil rights arenas. Grading is not anonymous as attendance and group participation, discussion and debate are critical to case assessment. Students will analyze emerging cases and be asked to assess their impact potential. Students will be graded based on attendance and participation, final case memorandum (in lieu of final exam) and oral presentation.
01 W 3:00p-6:00p - Denise Lieberman
IP Sports Law Planning & Drafting (NB/JM)
W74 510D LAW
Enrollment limit: 20. This two unit course examines the legal and regulatory environment of professional and amateur sports. The lawyer's expanding opportunities and responsibilities are explored in this $200+ billion a year industry commanding expertise in numerous and diverse practice areas. A working knowledge of antitrust, labor, constitutional, administrative and contract law will be established and applied. Part of the semester will be devoted to NCAA compliance. This specific area involves many practice opportunities for future lawyers wishing to work on athletic administration issues (e.g., Compliance Coordinators of Intercollegiate Athletic Departments, Counsel to NCAA member conferences, NCAA front office, and NCAA legal counsel). An overview of NCAA Bylaws juxtaposed with intercollegiate athletics issues, as well as other athletic associations' regulatory frameworks, will guide the law student to progressively become familiar with sports and their relation to higher education. Points of emphasis will include case law and a study of several topics of interest in regard to NCAA compliance. The course will survey the breadth of issues, conventional and emerging, which challenge the lawyers practicing in the sports industry. Depth of study will be achieved via class projects and a final paper addressing fundamental principles of amateur and professional sports law as well as recent developments in this growing area. This course will be graded anonymously. The following courses are not co/pre-requisites, but they would be extremely beneficial to have taken or be taking: Antitrust and Trademarks & Unfair Competition. 2 units.
01 Tu 6:30p-8:30p - Nick Brockmeyer / Jonathan Moberly
Trial Advocacy Competition (DM/MR)
W75 703A LAW
Enrollment limited: 12; subject to professors' discretion. [Students do not register online for this course.] 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.
01 TBA - Hon. David Mason / Mark Rudder
Trial Practice and Procedure (PAJ)
W74 597Q LAW
Enrollment limit: 48. Prereq: Students must have completed Evidence prior to taking this course; Pretrial is not a prerequisite for Trial. [Note early drop deadline of Tuesday, January 2, 2007.] This course focuses on the trial phase of litigation from the perspective of a practicing attorney. The first part of the course will be devoted to learning about and performing various aspects of the trial of a lawsuit, including the development of a theory and theme, jury selection, opening statement, direct and cross-examination of lay witnesses and experts, the use and introduction of real and demonstrative evidence, and closing argument. Toward the end of the semester, students will prepare for and conduct a complete trial. Required work for the course will include both reading and written assignments. Students also will be required to prepare extensively for simulations. The lawyering skills you will use and develop include: problem solving, legal analysis and reasoning, legal research, communication skills, litigation skills, and recognizing and resolving ethical dilemmas. This course also will focus on the professional values of providing competent legal representation, and examining the legal profession's role in promoting justice, fairness, and morality. The class will meet once a week as a group for one hour and a second time for at least two (and sometimes up to two and one half) hours in small groups with the adjunct professors. The course will be graded on a modified pass/fail basis (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. Withdrawal Policy: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Trial openings too late for them readily to change their schedules and enroll, the following new policy is in effect:If you are enrolled in this course after Tuesday, January 2, 2007, 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.
01 M 5:00p-6:30p & Th 6:00p-8:00p - Peter Joy