Upper Level Seminars Spring 2007

Є - Courses that satisfy the ethics requirement 
(See list of ethics curriculum courses at /registrar/pages.aspx?id=2437)

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/pages.aspx?id=2467)

[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 most seminars diminish after the pre-registration deadline. Seminar enrollment information, including waitlist information, can be found at /registrar/pages.aspx?id=2479. 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 18 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/pages.aspx?id=2131.]

Civil Rights Injunctions Seminar (MS)
W76 752S LAW
Enrollment limit: 16. Civil rights litigation has been of tremendous import in this country, especially since the 1950s, when Brown v. Board of Education produced the first modern civil rights injunction. The settlements and court orders entered in civil rights cases have transformed a huge number of governmental institutions - schools, prisons, mental health facilities, housing authorities, police departments, child welfare agencies, etc. Injunctive civil rights cases have closed some institutions and opened others, dominated budget politics on occasion, become models for statutory interventions, and generally regulated governmental practices. Thousands of such cases have been filed over the past fifty years and new cases are filed all the time; hundreds, old and new, are ongoing and remain influential. But information about the cases has always been somewhat difficult to come by -- a state of affairs that has interfered with the development of public policy. Informational scarcity makes good policymaking and advocacy more difficult, as officials, lawyers, and activists are forced to spend much of their time finding out by word of mouth who else has encountered issues similar to the ones they confront. And, similarly, ordinary citizens are unable to uncover the legal regime in which the governmental institutions that affect them are situated. The same problems undermine good scholarship, as well, when scholars are forced to study only unusual cases because the ordinary ones are so elusive. In this seminar, students will help to solve this problem, by conducting literature and case reviews of their chosen areas of civil rights injunctive practice. (Topics for study will be chosen by the students, but with a good deal of guidance and input of the instructor.) Students will review the caselaw, canvas what scholarly case studies have been done, and work on assembling the universe of cases and understanding the relevant communities of advocates and governmental actors. Each student will write a discursive literature review and also do some other project -- for example, a short case study or case studies of some of the litigation, analysis of litigation trends, or interviews or oral histories of important participants. After review by the Professor, developed materials will be used for the Civil Rights Litigation Clearinghouse, a new web-based resource sponsored by the law school (see http://clearinghouse.wustl.edu). (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) 3 units.
01 M 3:00p-5:00p - Margo Schlanger

IP International Intellectual Property Law Seminar (CRM)
W76 705S LAW
Enrollment limit: 16. This seminar will basically explore the international impact of the TRIPS (i.e. Trade-related Aspects of Intellectual Property Rights) Agreement, which was adopted in 1994 as a part of the Uruguay Round of GATT negotiations (the same round of multilateral trade negotiations that produced the World Trade Organization, which oversees implementation of the TRIPS Agreement). As a part of that overall study, the seminar will also examine the two “Great Conventions” of the 19th Century (i.e. the Paris Convention for the Protection of Industrial Property, and the Berne Convention for the Protection of Literary and Artistic Works), and various subsidiary and complementary multilateral agreements, such as the International Convention for the Protection of New Varieties of Plants (UPOV), the WIPO Copyright Treaty, and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. The seminar will also examine various regional harmonization agreements, such as NAFTA and various EU Directives. Course materials for the seminar will consist of a packet of photocopied materials, and the seminar will be taught by means of a series of weekly written assignments that will focus on such topics as digital technology, biotechnology and traditional knowledge protection, plant variety and database protection, open-source software, and “common-pool” management of genetic resources for food and agriculture. The weekly written assignments will constitute the entire work requirement for the course. Regular class attendance and preparation are, of course, required. While there are no course pre-requisites, as such, for this seminar, some previous introductory IP coursework is strongly recommended for those enrolling in this seminar. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) 3 units.
01 M 3:00p-5:00p - Charles McManis

IP International Investment Law Seminar (APM)

W76 612S LAW
(This seminar does not meet as a group on a regular basis.)
Enrollment limit: 16. Introduction to current legal relationships between foreign investors and entities (both governmental and non-governmental) in the investee estate and examination of the legal factors that influence an investment decision and how investment agreements are structured. Among the topics to be considered are U.S. and foreign investment laws and regulations, investment restrictions and incentives, currency controls, licensing, joint business ventures, expropriation and compensation, settlement of investment disputes, transnational corporations, and codes of conduct. Students will be required to write a paper of publishable quality. There will be one group meeting at the beginning of the semester. After that, I will hold individual conferences at various intervals to discuss topic selection, abstract and outline, and partial draft. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) 3 units.
01 Days/times TBA* A. Peter Mutharika
* After the first group meeting (most likely on Mon, January 8, 3:00p-5:00p), students will meet individually with Prof. Mutharika at mutually agreeable times throughout the semester.

IP Law & Economics of Patents Seminar (FSK)

W76 731S LAW
(Class will meet only on the first day and attendance on that day is required.) Enrollment limit: 16. This seminar will allow students to explore a variety of doctrinal areas of patent law using the tool of law and economics analysis. Questions that will be considered include: What are the relative impacts of giving patents or cash? What happens when patents are enforceable with injunctions as compared with only suits for actual money damages? What are the impacts of allowing patentees to sue or license those who otherwise would be liable only for indirect infringement? What are the impacts of patents in areas of high public need, such as drugs to treat anthrax infection when under a threat? How do patents and antitrust interact? What do patents do for developing countries? How do our rules for determining patentability function? This is a heavy research and writing seminar designed for students who want to think deeply and independently about a topic. The class will meet once at the beginning of the semester and attendance on that day is required. A final paper of about 35 pages will be due at the end. In between, the student will conduct research, write a first draft, and make substantial revisions. This seminar will be run as individualized writing projects in which the students will improve their skills as effective researchers, thinkers, and writers and in which they will receive significant feedback from the instructor in the form of written comments, and will be required to submit subsequent written work that incorporates those comments. Students will also learn a great deal about their own discrete topic. The instructor will provide a list of specific suggestions for paper topics, but students will be free to write on other suitable topics within the subject matter of the course after receiving approval from the instructor. From time to time throughout the semester some individualized meetings with the instructor will be available. There are no course prerequisites; but this seminar is designed for students who wish to work seriously and independently on a specific topic in the field in order to hone their research, analytical, and writing skills while learning about their topic, all with guidance and feedback from a faculty member focused on the same. (This seminar will not be graded anonymously because the professor works with students on their writing project throughout the semester.) 3 units.
01 W 7:30a-9:30a - F. Scott Kieff

Є Legal Ethics Seminar (KC)
W78 627S LAW
Enrollment limit: 16. This course is a part of the Ethics Curriculum. It is not considered a "survey" ethics course, so students may take this course and other ethics courses. There are no prerequisites for this course. In this writing seminar, each student will write a research paper on a topic related to legal ethics. The class will meet occasionally as a group to discuss paper topics, research methods, and the leading research sources for legal ethics. During the semester, each student is required to hand in three possible topics that he or she would like to pursue; a one-sentence statement of the paper's thesis; a 1 page sentence outline of the proposed paper; and a more detailed 3 page sentence outline of the paper. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) 3 units.
01 M 3:00p-5:00p - Kathleen Clark

IP Legal Issues In Reality and Non-fiction Works Seminar (JER)
W76 747S LAW
Enrollment limit: 16. Can the producers of Trading Spouses prevail in a suit against the producers of Wife Swap? Can you use John Lennon's music in a play about his life without the permission of his heirs? Does a documentary filmmaker have to get permission from Disney if one of his subjects is watching a Mickey Mouse cartoon in the background of one of his scenes? This seminar will examine these issues and many others that confront artists, filmmakers, photographers, authors, television networks and film studios when making works based on real people or events, as well as issues that arise in works that record real events as they unfold, including documentaries and "reality" television. We will discuss such issues as defamation, false light, misrepresentation, trademarks, idea submission, right of publicity, assumption of risk and copyright protection. The course will include screenings and discussion of several documentaries, films and television programs. Students will write a 25 page paper of publishable quality on a topic relevant to the issues raised in the seminar. Students must meet firm deadlines for submitting a topic statement, outline and bibliography, a first draft, and - after receiving significant feedback from the instructor - a final version of the paper. Students will also be asked to present their research to the class. Students will be expected to make oral presentations in class and to participate actively in class discussions as part of their grade. Students are strongly encouraged to have taken or be enrolled in either Trademarks and Unfair Competition or Copyright & Related Rights. (This course is part of the IP curriculum, so students in the IP LLM program may take this course for credit toward their degree.) (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester). 3 units.
01 W 1:00p-3:00p - Jennifer Rothman

Public Law Theory Seminar (SB/LR)
W76 751S LAW
Enrollment limit: 16. In this seminar, we will discuss theoretical topics in public law, broadly construed. The seminar will meet for 12 sessions and be organized around presentations, every other week, of works in progress by faculty members here and elsewhere. In the weeks when speakers are not presenting, the instructors will lead the students in a discussion of the next week's paper. Each student will be required to write a 3-5 page reaction paper in advance of that discussion (six in all), and to attend and participate in the work-in-progress presentation. Those are the only requirements for the seminar. The instructors will provide feedback to the students on their reaction papers. The topics to be addressed in the seminar will necessarily depend on who presents works in progress, but those topics are likely to relate to one or more of the following: constitutional law and theory; feminist theory; critical approaches to law; civil rights; law and economics; employment law and discrimination; regulatory theory. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester). 3 units.
01 Th 12:00p-2:00p - Sam Bagenstos / Laura Rosenbury

Reorganization Seminar (DLK/LP/BS/DG)
W76 646S LAW
Enrollment limit: 16. This course will be taught jointly by Professor Keating, United States Bankruptcy Judge Barry Schermer and Lloyd Palans of Bryan Cave. David Going of Armstrong Teasdale serves as the designated substitute teacher for the course. The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. Using a single hypothetical reorganization as a backdrop, the instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for two hours each session. The pedagogical objectives of the class include improving the students' persuasive writing, their knowledge of Chapter 11 bankruptcy law, and their ability to think on their feet. Students' grades will be determined by their performance on two 8-page written assignments (both of which will require a re-write by the students after receiving written feedback from the instructors) and by their participation in class discussion. Attendance and preparation are both required. Students who have not taken the basic Bankruptcy course may enroll, but they will be at a marked disadvantage to those students who have. 3 units.
01 M 3:00p-5:00p - Daniel Keating / David Going / Lloyd Palans / Hon. Barry Schermer

Social Responsibility and Corporate Behavior Seminar (MFC)
W76 753S LAW
Enrollment limit: 16. Do you believe that corporations should exist for shareholder profit only? Or should they provide for the needs of other stakeholders including labor, host communities, the environment, suppliers, creditors, and the government? Does corporate law promote social responsibility or does it promote corporate irresponsibility and disregard for the rule of law? This seminar will provide you the opportunity to explore your thesis relative to these questions. The course will use a course book and operate in a seminar format. Course requirements will be a 20-30 page, law review quality analytical paper, and an in class, power-point presentation of one’s paper. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) 3 units
01 M 3:00p-5:00p - Mitch Crusto

Socialist Law in Transition Seminar (FF)
W76 680S LAW
Enrollment limit: 16. (This seminar does not meet as a group on a regular basis.) This seminar allows students to pursue intensive research and writing on the changing definitions and functions of law in socialist and post-socialist countries. In previous years, students have examined such diverse topics as war crimes in Chechnya, Chinese bank reforms as a model for North Korea, legal and extralegal restrictions on Russian NHL hockey players, and Castro's "war on prostitution." There will be one group meeting at the beginning of the semester. For the remainder of the semester, students will work directly with the instructor on their seminar papers. Two individual conferences are mandatory: (1) a conference early in the semester to discuss possible paper topics and (2) a conference to discuss the first draft of the seminar paper. In addition to these required conferences, students will consult with the instructor throughout the semester on the progress of their research and writing. The major requirement for the course is a substantial research paper of approximately 30-35 pages in length. Students must submit a topic statement, first draft, and final, revised version of the paper. There are no prerequisites for this course. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester.) 3 units.
01 M 3:00p-5:00p - Frances Foster

Tax Policy Seminar (CB)
W78 727S LAW
Enrollment limit: 16. This seminar will include both a classroom component and an individual writing project component. Major seminar objectives are: 1) to develop an understanding of basic tax policy considerations necessary to any serious consideration of major tax reform; and 2) to develop and enhance research and writing skills. The first several weeks of the seminar will include assigned readings on selected tax policy topics, which may include: definition of income, equitable distribution of tax burden among taxpayers, progressivity of tax rates, comparison of income and consumption tax, and analysis of current tax reform proposals. A 20-25 research paper will be required. Students will select a research paper topic upon consultation with the professor. Each student will be required to present his or her paper and all students will be expected to exchange and critique other student papers. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester). 3 units.
01 M 3:00p-5:00p - Cheryl Block

Theory of the Firm and Corporate Governance Seminar (TAP)
W76 719S LAW
Enrollment limit: 16. This seminar will focus on the theory of the firm and its implications for corporate governance. Put differently, we will study how control is allocated among various corporate constituencies. Further, we will consider perhaps the most fundamental question in the study of corporations: Why do we have corporations at all? What is the purpose of the corporation? There will be a writing requirement, and students will be required to make two presentations to the class. The first presentation will be a short presentation describing the student's paper topic. At the end of the semester, each student will, in a much longer presentation, present their paper to the class. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester). 3 units.
01 W 7:30a-9:30a - Troy Paredes