Academic Information

Course Information

2008-09 Courses

Course Archives

2008-09 Course Descriptions

The course materials listed above are for informational purposes only and should not be considered final. Students must check with the Registrar for a current list of closed courses.

502 B - Legal Writing and Analysis

Professor: Paul Rose
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 E - Legal Writing and Analysis

Professor: Monte Smith
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 G - Legal Writing and Analysis

Professor: Steven F. Huefner
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 H - Legal Writing and Analysis

Professor: Marc Spindelman
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 I - Legal Writing and Analysis

Professor: Mary Beth Young
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 L - Legal Writing and Analysis

Professor: Mary Beth Beazley
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 L - Legal Writing LL.M.

Professor: Mary Ming
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

502 M - Legal Writing and Analysis

Professor: Michael Braunstein
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 O - Legal Writing and Analysis

Professor: Melanie Oberlin
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 P - Legal Writing and Analysis

Professor: Edward Lee
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 Q - Legal Writing and Analysis

Professor: Sharon L. Davies
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 R - Legal Writing and Analysis

Professor: Charles E. Wilson
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 T - Legal Writing and Analysis

Professor: Mary Beth Beazley
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

502 X - Legal Writing and Analysis

Professor: Christopher M. Fairman
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

503 X - Contracts

Professor: Larry T. Garvin
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

503 X - Contracts

Professor: Larry T. Garvin
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

503 Y - Contracts

Professor: Stephanie Hoffer
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

503 Y - Contracts

Professor: Stephanie Hoffer
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

503 Z - Contracts

Professor: Steven M. Davidoff
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

503 Z - Contracts

Professor: Steven M. Davidoff
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

504 T - Torts

Professor: Sarah Rudolph Cole
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

504 X - Torts

Professor: Martha Chamallas
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

504 Z - Torts

Professor: James E. Meeks
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

505 X - Property

Professor: Amy J. Cohen
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

505 Y - Property

Professor: Michael Braunstein
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

505 Z - Property

Professor: Annecoos Wiersema
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

507 C - Civil Procedure

Professor: Christopher M. Fairman
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

507 F - Civil Procedure

Professor: Christopher M. Fairman
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

507 W - Civil Procedure

Professor: Charles E. Wilson
Credits: 04
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

507 X - Civil Procedure

Professor: Arthur F. Greenbaum
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

507 Y - Civil Procedure

Professor: Sanford N. Caust-Ellenbogen
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

510 X - Constitutional Law

Professor: David A. Goldberger
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

510 Y - Constitutional Law

Professor: Edward B. Foley
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

510 Z - Constitutional Law

Professor: Ruth Colker
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

511 H - Legal Research

Professor: Katherine Hall
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

511 J - Legal Research

Professor: Melanie Oberlin
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

511 K - Legal Research

Professor: Melanie Oberlin
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

511 L - Legal Research

Professor: Bruce S. Johnson
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

511 P - Legal Research

Professor: Matt Steinke
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

511 Q - Legal Research

Professor: Thomas Sneed
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

529 C - Legislation

Professor: Daniel P. Tokaji
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

529 X - Legislation

Professor: James J. Brudney
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

529 Y - Legislation

Professor: Steven F. Huefner
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

533 B - Criminal Law

Professor: Douglas A. Berman
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

533 D - Criminal Law

Professor: Sharon L. Davies
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

533 H - Criminal Law

Professor: Lawrence Herman
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

533 S - Criminal Law

Professor: Ric Simmons
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

590 - Legal Methods

Professor: Creola Johnson
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

600 T - Appellate Advocacy I

Professor: Mary Beth Beazley
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

600 X - Appellate Advocacy I

Professor: Mary Beth Beazley
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

600 Y - Appellate Advocacy I

Professor: Mary Beth Beazley
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

600 Z - Appellate Advocacy I

Professor: Mary Beth Beazley
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

601 - Advanced Legal Writing

Professor: Mary Beth Beazley
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

Students learn advanced writing techniques while drafting and revising a variety of legal documents, including jury instructions, a contract, and a trial brief.

PREREQUISITES: 502, 600
PAPERS AND CLASS PARTICIPATION
LIMITED ENROLLMENT
SATISFIES SECOND WRITING REQUIREMENT

603 - Evidence

Professor: Deborah Jones Merritt
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, based on a study of the Federal Rules of Evidence. Concepts covered include relevance, the use of character and scientific evidence, the definition and use of hearsay, the use of real and demonstrative evidence, the proper method of impeaching witnesses, foundation and authentication requirements, and the law of privileges. The course draws upon a mix of problems and cases; students also have an opportunity to explore the materials through hands on classroom exercises.

EXAM
SECOND YEAR PRIORITY COURSE

603 - Evidence

Professor: Robert L. Solomon II
Credits: 4
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? No

The law of evidence aims at an impossible target: the discovery of truth. By establishing rules for the adversary process, the drafters and judges strive for a reliable method in determining, in hindsight, what happened to whom, when, how, where, and why. The study of this process will focus on the rules and their underlying jurisprudential and empirical basis, as well as the practical way the rules are implemented. TEACHING METHOD: PROBLEM ANALYSIS WITH MIXTURE OF LECTURE, DISCUSSION, AND SIMULATION

EXAM: OPEN BOOK; COMBINATION STANDARD ESSAY, OBJECTIVE

603 X - Evidence

Professor: Ric Simmons
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, based on a study of the Federal Rules of Evidence. Concepts covered include relevance, the use of character and scientific evidence, the definition and use of hearsay, the use of real and demonstrative evidence, the proper method of impeaching witnesses, foundation and authentication requirements, and the law of privileges. The class is taught primarily through the problem method.

EXAM
SECOND-YEAR PRIORITY COURSE

603 Z - Evidence

Professor: Robert Martin Krivoshey
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, based on a study of the Federal Rules of Evidence. Concepts covered include relevance, the use of character and scientific evidence, the definition and use of hearsay, the use of real and demonstrative evidence, the proper method of impeaching witnesses, foundation and authentication requirements, and the law of privileges. The class is taught primarily through the problem method. Armed with rules under study, students acting “in role” as counsel will attempt to introduce various items into evidence, while pears struggle to keep the evidence out.

EXAM
SECOND-YEAR PRIORITY COURSE

605 V - Commercial Paper

Professor: Vincene Verdun
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course focuses on Articles 3 and 4 of the Uniform Commercial Code (UCC), which deals with promissory notes and checking accounts. Topics for promissory notes include negotiability, holder in due course, co-signer liability, and conversion. The course reviews liability, endorsement, forgery and alteration, postdating and stop payment of checks, as well as the check payment/collection system. Some attention will be given to The Expedited Funds Availability Act, The Electronic Transfer Act, and to a lesser extent Regulation Z and the Truth in Lending Act, as they relate to credit cards. NOTE: Commercial Paper is one of the three topics typically covered in a year-long Commercial Law course when it is offered (659). Students who take Commercial Paper cannot take Commercial Law, and vice-versa.

EXAM: ESSAY AND/OR SHORT ESSAY

606 X - Federal Income Taxation

Professor: Allan J. Samansky
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Subject areas include gross income; business deductions; income splitting by private arrangement and trusts; timing of income and deductions; sales and other dispositions of property; capital gains and losses. This course will provide the basic background in tax that all practitioners should have, as well as prepare interested students for the advanced tax and business courses.

EXAM
SECOND-YEAR PRIORITY COURSE

606 X - Federal Income Taxation

Professor: Donald B. Tobin
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

The course provides an introduction to the basic principles of Federal Income Tax. The principal subject areas include: (1) characteristics of income (what is included in income); (2) allowable deductions and exemptions; (3) timing issues; (4) income splitting; (5) preferential tax provisions including capital gains; and (6) brief examination of other methods of taxation including consumption tax and flat tax proposals. This course will provide a background that will allow student to recognize tax problems that may arise while practicing law. In addition, the course will emphasize those tax provisions and problems that often arise during the practice of law. The course will also prepare interested students for advanced tax and business courses.

EXAM: OPEN BOOK
SECOND-YEAR PRIORITY COURSE

607 01 C - Business Association

Professor: Steven M. Davidoff
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

607 01 X - Business Association

Professor: Dale A. Oesterle
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This is an introductory course that covers the basic principles of agency, partnership, and corporate law. It considers issues relating to the selection of a business form (i.e., corporation, partnership, limited partnership or limited liability company) as well as the formation, financing, operation and control of business organizations. The class will cover Delaware General Corporate Law, the Revised Model Business Corporations Act, the Revised Uniform Partnership Act, the Revised Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act. Principal focus will be on conducting business in the corporate form. Topics discussed will include the fiduciary duties of officers and directors, as well as shareholders’ rights (including the right to pursue derivative actions). Time permitting, the course will also consider issues relating to the registration and distribution of securities.

EXAM
SECOND-YEAR PRIORITY COURSE

607 01 Y - Business Association

Professor: Paul Rose
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course provides an introduction to the laws governing business entities. We will examine the structure and characteristics of modern business organizations, particularly publicly traded and closely held business corporations. Significant emphasis is placed upon the nature of the corporate governance system and the fiduciary obligations of directors and officers. A broad range of topics will be addressed including: agency, partnership, the formation and financing of corporations, the proxy system, stockholder derivative suits, change of control transactions, stock trading by corporate insiders, and corporate social responsibility.

EXAM
SECOND-YEAR PRIORITY COURSE

609 - Sales

Professor: Larry T. Garvin
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

An exploration of domestic and international sale and lease transactions, including consideration of issues relating to scope, contract formation, risk of loss, warranties and other performance standards, excused performance, and remedies. The focus of study will be on Article 2 and 2A of the Uniform Commercial Code and, to a lesser extent, the United Nations Convention on Contracts for the International Sale of Goods. NOTE: Sales is one of the three topics covered in the year-long Commercial Law course, when that course is offered (659). Students who take Sales cannot take Commercial Law, and vice-versa.

EXAM

609 X - Sales

Professor: Creola Johnson
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

A study of the rights and responsibilities of sellers and buyers under Article 2 of the Uniform Commercial Code and, to a lesser extent, under the United Nations Convention on the International Sale of Goods. Further, the course will focus to some extent on the rights and responsibilities of lessors and lessees of goods under Article 2A of the Uniform Commercial Code and letters of credit under Article 5 and documents of title under Article 7 of the Uniform Commercial Code.

EXAM

610 - Secured Transactions

Professor: Jeffrey T. Ferriell
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

610 - Secured Transactions

Professor: Steven D. Walt
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

611 - Debtor & Creditor

Professor: Creola Johnson
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course is about the rights and obligations of debtors and creditors when a debtor cannot or will not pay an obligation owned to the creditor. Students will learn what a debtor or creditor can do under state law (Ohio law emphasized), under federal non-bankruptcy law, and under the United States Bankruptcy Code. For example, students will study exemption laws, which delineate what assets a debtor can keep beyond the reach of creditors. Students will learn various provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“the Act”), which is the most significant amendment to the Bankruptcy Code in a quarter century. Students will learn the different forms of bankruptcy relief available to the consumer and how the Act makes it more difficult for consumers to get rid of certain debts. We will also consider, throughout the course, how parties and their attorneys can take the effects of debtor/creditor laws into account in counseling clients, negotiating and performing contracts, and resolving disputes. This course is worth taking even if a student does not intend to practice debtor-creditor law. We are all consumer debtors at some point in our lives, and this course will give you a solid understanding of your rights and duties. There are no prerequisites.

EXAM AND CLASS PARTICIPATION

613 - Employment Law

Professor: L. Camille Hébert
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course focuses on federal and state regulation of the employment relationship, including constitutional, statutory, and common-law restrictions on employer activities. Subjects covered include negligent hiring and retention, invasion of privacy, wrongful discharge, unemployment insurance, employer’s duty to provide a safe workplace, and compensation for employees injured on the job. The course does not include union-management relations or employment discrimination.

EXAM AND CLASS PARTICIPATION

614 - Labor Law

Professor: Charles E. Wilson
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Federal regulation of labor-management relations in private sector, focusing upon employee organizational and representational rights; selection of bargaining representative; collective bargaining process; contract administration and enforcement; and the union’s duty of fair representation.

EXAM

619 - International Law

Professor: John B. Quigley
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

A survey of public international law (Law of Nations). Topics include the law of treaties, human rights protection, international litigation, impact of international law on litigation in the U.S. courts, federal power in foreign affairs under the U.S. Constitution, law of the sea, and use of armed force.

EXAM: PART ESSAY, PART OBJECTIVE

621 - Real Estate Finance

Professor: Michael Braunstein
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

The course covers two major areas: real estate transactions and real estate finance. The transactions portion covers real estate contracts, rights and liabilities of real estate brokers and the recording acts. The finance portion examines advanced real estate financing, emphasizing mortgages, deeds of trust, installment land contracts, rights and remedies of borrowers and lenders, and contemporary financing innovations.

EXAM

623 - Federal Antitrust Law

Professor: Peter P. Swire
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

The antitrust laws are designed to prevent private parties from interfering with free, competitive markets. In the absence of direct government regulation, such markets are thought to best serve consumer interests. We look at the law’s concern with undue market power and how market power is identified and defined, examining the statutory prohibitions upon cartel behavior and upon monopolization and attempts to monopolize. We study a series of business practices that allegedly either restrain trade or increase market power, including combinations of firms to fix prices or to divide territories or customers, group boycotts, restrictions in distribution, predatory pricing, refusals to deal, and mergers and acquisitions.

EXAM AND CLASS PARTICIPATION

625 - Copyright Law

Professor: Edward Lee
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

The course will explore the issues concerning protection of intellectual creativity under the United States copyright laws; we will consider such matters as the nature of copyright, the statutory scheme, the kinds of works subject to copyright, and the extent of protection afforded those works.

EXAM

628 - Accounting for Lawyers

Professor: Morgan E. Shipman
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

NOT OPEN TO STUDENTS WITH MORE THAN SIX HOURS OF UNDERGRADUATE ACCOUNTING. We will study accounting principles, the role of accountants, and legal issues concerning financial information. The course is an invaluable, sophisticated introduction to accounting, which is the universal language of business. It assumes no background in accounting and business and will be helpful in the practice of law, as well as in mastering basic tax and business courses in law school. Students will learn to read financial reports, a vitally important skill for lawyers in almost any type of practice, and will become more sophisticated in their understanding of financial issues.

EXAM

633 - Criminal Sentencing

Professor: Douglas A. Berman
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Decisions about the treatment of persons convicted of criminal offenses (ascribing punishment), and the rules and procedures used in reaching those decisions (the sentencing process), are crucial components of the landscape of criminal law. Both the theory and practice of criminal punishment and sentencing have evolved considerably throughout history, especially over the last 30 years. Beginning with a brief review of the traditional theoretical justifications for punishments, this course will examine in depth society’s developing approach to the sentencing of criminal offenders. Particular attention will be paid to developments in death penalty jurisprudence, modern guideline sentencing reforms, and recent constitutional rulings about required sentencing procedures in the landmark Blakely and Booker cases.

634 - Children and the Law

Professor: Katherine Hunt Federle
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course examines the substantive and procedural rights of children and the competing interests of their parents and the state in a variety of legal contexts, which include delinquency, status offense, abuse and neglect, and termination of parental rights proceedings. Special attention is given to the jurisprudential, constitutional, legal, and social foundations for the construction of children’s rights and to the practical value of rights in improving the lives of children. Students also may volunteer to work on cases or projects in the Justice for Children Project. This course is required for students who seek the Certificate in Children Studies.

EXAM, SIMULATION, CLASS PARTICIPATION, AND ATTENDANCE

635 - Family Law

Professor: Marc Spindelman
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

In this introductory survey course, we will consider various aspects of the law of "the family," including state efforts and authority to regulate its creation, maintenance, and dissolution. Topics will thus include: marriage (and its contested boundaries), marital obligations, annulment, dissolution, divorce, reproduction, privacy, and inequality. A considerable portion of this course will be dedicated to the "constitutionalization" of family law, and its attendant moral, legal, and policy considerations. The final grade for the course will reflect class participation and performance on a final exam.

636 - Disability Discrimination

Professor: Ruth Colker
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This four credit course primarily covers the Americans with Disabilities Act (“ADA”). Students interested in learning about the law of special education should take the Special Education Practicum.

This course covers employment discrimination, public entity discrimination, and public accommodation discrimination under the ADA. In addition, students will learn how to conduct an accessibility audit and mediate the results from such an audit. Students will be divided into teams and assigned buildings to audit at Ohio State University. Students will then seek to attain a voluntary resolution of the problems they discover through live negotiation with the responsible officials at OSU.

One day of week for this course will be a two hour segment in which students will learn skills related to conducting an accessibility audit and negotiation. The other two days of the course will be devoted to standard case law material. The course will count towards two credits of the Certificate in Alternative Dispute Resolution. The enrollment is limited to twenty students.

The final grade for this course will be based primarily on the work on the accessibility study and a 48 hour self-directed take-home exam.

639 - White Collar Crimes

Professor: TBA
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

White collar crime has been called “the fastest growing legal specialty in the United States.” Generally speaking, white collar crime involves the use of a violator’s position of significant power, influence, or trust in the “legitimate” order for the purpose of illegal gain. The prosecution and defense of white collar crime differ significantly from the prosecution and defense of street crime at every stage. For example, in white collar crime cases: (I) grand jury investigations play a major role in determining “what happened”, (ii) there is often litigation about whether “what happened” is a crime; and (iii) civil remedies and consequences are a large part of the defendant’s exposure. The course will examine these and other aspects of white collar crime in a survey of the (mostly federal) substantive law of white collar crime, including conspiracy, mail fraud, RICO, money laundering, and public corruption.

PREREQUISITE: CRIMINAL LAW (533)
EXAM

640 - Criminal Procedure: Investigation

Professor: Sharon L. Davies
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course focuses on the legality of police investigative conduct under the Fourth, Fifth and Sixth Amendments to the United States Constitution. The course explores in-depth the Fourth Amendment’s prohibition against unreasonable searches and seizures. Students study a wide variety of situations in which the police look for and collect physical evidence of criminal activity and make arrests, and the constitutional limits placed on those investigative efforts. Also explored are the restrictions placed by the Fifth and Sixth Amendments on police efforts to secure confession evidence. Time permitting, eyewitness identification procedures and issues of police entrapment will be covered.

EXAM AND CLASS PARTICIPATION

641 - Criminal Procedure: Adjudication

Professor: Joshua Dressler
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course studies the process of the criminal justice system from after the time of arrest through trial and verdict. Topics covered will include the right to counsel, the charging process, pretrial detention, discovery, pleas, trials, and double jeopardy. Trial issues include many subtopics, such as the right to a speedy trial, jury selection, and the right to effective assistance of counsel. This course is entirely separate from Criminal Procedure: Investigation and from Criminal Punishment and Sentencing, and can be taken with or without those courses.

EXAM

652 - Banking Law

Professor: Elizabeth L. Anstaett
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

A course on the formation, regulation, and governance of banking and related financial institutions. The course will have a significant focus on current developments, including lending discrimination, lender liability, and the convergence of banking with the securities, insurance, and other financial services industries. The last part of the course will be an extensive examination of “cyberbanking”, including issues related to electronic cash, Internet commerce, the privacy of customer information, and the future of the payment system.

EXAM

656 - Wills, Trusts, & Estates

Professor: Bruce S. Johnson
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

An introductory course in family property law. Among the topics are: (1) the policy basis of inheritance and the changing character of intergenerational wealth transfer; (2) intestate succession; (3) the requirements for executing and revoking wills; (4) the rise of will substitutes, including joint accounts, joint tenancies, life insurance, pension accounts, and revocable trusts; (5) spousal protection and community property; and (6) the creation and termination of trusts. This course provides the background in probate and nonprobate transfers that all attorneys should have. In addition, it will give students sufficient knowledge so that they will be able to prepare wills for clients in uncomplicated situations.

EXAM AND CLASS PARTICIPATION.

656 S - Wills, Trusts, & Estates

Professor: Edward M. Segelken
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

EXAM AND CLASS PARTICIPATION.

657 - Consumer Law

Professor: Douglas J. Whaley
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

658 - Advanced Constitutional Law

Professor: Stanley K. Laughlin Jr.
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course uses a unique format to explore various approaches to constitutional adjudication. During the first part of the course, the instructor will lead discussions of various constitutional and jurisprudential theories that affect constitutional law. ( e.g., originalism, non-interpretivism, realism, nihilism, "living constitutionalism", formalism, etc.) By the middle section of the course, each student will have been assigned a current U.S. Supreme Court justice to study. (To the extent possible, students will be allowed to express a choice of the justice they want to study.) During the second portion of the course, the student will study her or his assigned justice, make a report to the class on that justice's constitutional philosophy and prepare a short paper on that justice's constitutional philosophy. During the final portion of the course, we will test these assumptions about the Justices' philosophies by having all students participate in simulated Supreme Court deliberations over cases that are actually pending in the Supreme Court at the time. In his or her assigned deliberation, each student will play the role of the justice they have studied. Students will read the briefs in the chosen cases to prepare for the deliberations. After the deliberations, each student will write an opinion in their case, as they believe "their" justice would write it. The grade will be based on the paper about the justice, the opinion written by the student, and the student's presentation on the justice and participation in the deliberations. There will be no examination.

658 T - 14th Amendment

Professor: Daniel P. Tokaji
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

The Fourteenth Amendment conferred the right of citizenship upon people who had never before enjoyed it, promised equal protection of law, and fundamentally altered the relationship between the federal and state governments. This advanced course in constitutional law will examine current, recurrent, and lasting topics of interest under the Fourteenth Amendment. After reviewing the Supreme Court’s seminal decision in Brown v. Board of Education, the course will consider the extent to which the Fourteenth Amendment restructured the relationship between the federal and state governments. We will discuss recent cases pertaining to Congress’ enforcement power and state power over property. We will then turn to equal protection cases involving discrimination based on race, sex, and sexual orientation. The course will close with consideration of the Fourteenth Amendment’s protection for fundamental rights, including voting, privacy, and interstate movement. Throughout the course, we will pay special attention to how such grand yet open-ended ideals as "equal protection," "due process," and "the privileges or immunities of citizens of the United States" are given content and how they should be made real.

694 B - Immigration

Professor: David S. Bloomfield
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will examine the law and policy concerning persons who want to come to the United States on a temporary or permanent basis and persons who are in the United States and want to stay. Also to be examined are the laws concerning obtaining and retaining lawful status, including citizenship. The approach to the class will be the problem solving method based on actual cases with the answers to be found in the reading materials as well as outside sources. The entire course assignments of reading and problems can be found in the syllabus distributed prior to or at the first class.

694 D - Real Estate Development

Professor: Richard C. Daley
Credits: 3
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

The course will take a practical, “hands on” approach to the multi-faceted area of real estate development law. Case studies based on actual, “real world” projects will serve as the backdrop for our examination of the myriad of legal disciplines that a real estate development lawyer needs to master in order to be successful. Disciplines explored will range from traditional real estate topics such as the leasing, acquisition and conveyance of real property to tax, partnership, bankruptcy, environmental, finance, ethics and public policy considerations. We will examine the role a lawyer plays during each stage of the life cycle of a real estate project, with particular emphasis being placed on how a lawyer’s actions and judgments can serve to enhance (or detract from) the ultimate success of a real estate deal. Mock negotiations by students (utilizing the actual documents used on the projects on which the case studies are based) and presentations by guest speakers from around the real estate world (lawyers, developers and governmental representatives) will be among the techniques used to teach students to think like real estate development lawyers.

694 F - Civil Procedure II

Professor: Christopher M. Fairman
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Civil Procedure II focuses on litigation from the perspective of the litigator. It addresses the litigation process from filing the initial complaint through appeal, with the exception of the actual conduct of trial itself. Using the federal courts as a model, this course critically examines how the Federal Rules of Civil Procedure attempt to secure the just, speedy, and inexpensive determination of civil actions, as well as movements for their reform. Topics include: pleading, joinder of claims and parties, class actions, discovery and disclosure, case management, adjudication without trial, jury selection, post-trial motions, and appellate review.

SECOND YEAR PRIORITY COURSE
EXAM

694 H - Advanced Legal Research

Professor: Katherine Hall
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

PREREQUISITES: LEGAL RESEARCH 511
Building on the research techniques covered in Introduction to Legal Research 511, Advanced Electronic Legal Research will provide an intensive introduction to efficiently finding high quality legal resources on the Internet and advanced training on LEXIS and WESTLAW. Internet topics covered include terminology, search engines, and legal web sites. Classes will meet in the Library’s Computer Training room because most classes include a hands-on component. Readings may be assigned from a selection of materials including Reserve materials, research guides and internet publications. There is no assigned text. Students are responsible for checking the syllabus, their email accounts and the TWEN course page for updated reading assignments.

REQUIREMENTS: All students must have an email account and regularly check the class TWEN page for general announcements and additional reading assignments.

ATTENDANCE: Attendance is mandatory for all scheduled classes.

GRADING: A series of graded assignments and/or a short paper or research guide make up 75% of the final grade. 25% of the grade is based on class participation, which may include giving an in-class presentation. The instructor reserves the right to raise or lower the final grade based on class preparation, class participation and un-excused absences from classes.

694 I - Insurance Law

Professor: Morgan E. Shipman
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Insurance law is of great importance to all lawyers, whether they litigate or do office practice. This 3-hour course covers many insurance issues, including liability, coverage, exclusions, duties of good faith, and duty to defend. I will use a standard casebook. The whole grade is determined by the final exam. There are no papers or memoranda.

694 L - Negotiation & Mediation

Professor: James K.L. Lawrence
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

DPIR course to be held October 6-9, 2008. This course offers skills and strategies for effective negotiation and mediation advocacy emphasizing the importance of building working relationships and achieving better outcomes in individual and group negotiation and mediation. Two broad objectives have been built into the course design: to practice basic negotiation skills through interactive exercises and to familiarize the student with various strategies for dispute resolution other than resolving differences through litigation. The student will learn how to prepare effectively for negotiation and mediation, how to negotiate agreements on contentious issues and how to review a negotiation or mediation with an eye toward developing rules of thumb for what went well and for improving what might have been handled differently. Course grading will be determined by a final introspective, self-evaluative journal (67%) and class participation during the interactive exercises and their debriefing (33%).

694 O - International Legal Research

Professor: Katherine Hall
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

A practical, hands-on course which surveys print and electronic information sources available in foreign and international law. This course focuses on developing efficient and cost effective research strategies, effectively searching Lexis, Westlaw and the Internet, and evaluating foreign and international legal resources.

ASSIGNMENTS, CLASS PARTICIPATION & PRACTICAL EXAM
LIMITED ENROLLMENT

694 S - Ohio Legal Research

Professor: Matt Steinke
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Building on the research techniques covered in Law 511, Ohio Legal Research will provide students with an introduction to Ohio legal materials and advanced training on the finding and utilization of these materials for legal research purposes. Topics covered will include secondary sources, practice materials, court rules, case law, statutes, legislative history, and administrative materials. Students will also receive a basic introduction to the Ohio court system and the rules of Ohio citation.

694 S - Ohio Legal Research

Professor: Matt Steinke
Credits: 1
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? No

694 W - Lawyers & Media

Professor: Mark R. Weaver
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

The course will address the legal and ethical issues involved in dealing with the media and making public statements about litigation and legal issues, including the first amendment, public records law, and professional responsibility implications of media contacts. Other issues that will be addressed are journalistic techniques, the practice of media relations, and interviewing techniques. Among the in-class and written exercises will be moot court arguments on use of cameras in the courtroom, a mock news conference and television interview, news releases, op-ed pieces, and crisis management scenarios.

PAPER AND CLASS PARTICIPATION

694 Y - Civil Procedure II

Professor: Mary Beth Young
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

SECOND YEAR PRIORITY COURSE
EXAM

694 Z - Landlord/Tenant Law

Professor:
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

This course will provide a survey of residential landlord and tenant law with a primary focus on Ohio law. The course will briefly look at the federal law regarding fair housing and subsidized housing issues. The course will focus on practical applications of the law and will primarily be taught using problems, hypothetical scenarios and through role play. Students will be graded on participation, attendance and practice related written components.

700 01 - Interprofessional Care

Professor: Marya C. Kolman
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

THIS COURSE IS ON THE QUARTER SCHEDULE AND BEGINS WEEK OF JANUARY 7, 2008
The course provides an opportunity for 12 students from each of the 6 professions – Allied Medicine, Education, Law, Medicine, Social Work, and Theology–to work together with faculty to develop ths skills to design treatment plans for clients with complex problems presented in cases. Students and faculty work together to: (1) develop increased understanding of the complex problems of clients; (2) research the broader issues involved in the cases from a multi-professional perspective; (3) engage in total group interaction to facilitate dialogue among students and faculty of different professions; and develop a holistic approach to cases presented in class.

PAPER

700 03 N - Interprofessional Ethical Issues

Professor: Stanley K. Laughlin Jr.
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

THIS COURSE IS ON THE QUARTER SCHEDULE AND BEGINS WEEK OF - SEPTEMBER 19, 2007. This course brings together students and faculty from several professional schools and colleges - Allied Medicine, Education, Law, Medicine, Social Work, and Theology - to discuss ethical issues that concern all of the involved professions. A case study method is used. Areas of recent study: (a) privacy and confidentiality, including privileged communication between professionals and their patients or clients; and (b) legal, medical, and ethical issues generated by alternative forms of procreation, such as surrogate parenting, in vitro fertilization, genetic engineering, cloning, etc. We consider such questions, as when, if ever, a professional is justified in breaking the confidence of a client or patient. THIS COURSE IS GRADED S/U - SATISFIES SECOND WRITING REQUIREMENT (The course can be taken for SEMINAR credit with the selection of any appropriate topic and the permission of the instructor. Seminar students must write a research paper as well as meet other course requirements. Students taking the course for seminar credit will receive a grade.)

703 - Legal Negotation

Professor: Joseph B. Stulberg
Credits: 3
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

703 - Legal Negotation

Professor: Anita DiPasquale
Credits: 3
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

703 - Legal Negotation

Professor: Marya C. Kolman
Credits: 3
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

703 - Legal Negotation

Professor: Ted L. Ramirez
Credits: 3
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

704 K - Trial Practice

Professor: Robert Martin Krivoshey
Credits: 4
Semester: 2008 Summer
Second Writing? Yes
Seminar? No
Professional Responsibility? No

704 K - Trial Practice

Professor: The Honorable Algenon L. Marbley
Credits: 4
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

This course teaches basic trial practice necessary for presentation of elementary jury trials. Teaching combines student simulations of various aspects of a jury trial with lectures and videotapes. Each student will participate in presenting at least one complete trial during the course. The sections have limited enrollment and therefore usually are open to third-year students only.

CLASS PERFORMANCE
LIMITED ENROLLMENT
THIRD-YEAR PRIORITY

704 P - Trial Practice

Professor: The Honorable Edmund A. Sargus Jr.
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

704 S - Trial Practice

Professor: The Honorable Algenon L. Marbley
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

704 X - Trial Practice

Professor: Frank A. Ray
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

704 X - Trial Practice

Professors: Sandra J. Anderson / Kimberly Herlihy
Credits: 4
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

706 - Conflict of Laws

Professor: Sanford N. Caust-Ellenbogen
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Courts are often required to adjudicate cases that involve multi-state elements. For example, a contract may be made between an entity from New York and one from California to be performed in Ohio. A tort might occur involving citizens from different states, possibly in a third state. The course in conflict of laws explores how courts handle such cases in a variety of contexts. Topics include choice of law (which state’s laws are to be applied to an issue in a case); constitutional constraints on choice of law; and recognition of judgments rendered in other states. Although the course will focus on inter-state conflicts, it will also include some consideration of conflicts in the international setting, particularly the applicability of United States law to cases involving international elements.

708 - Securities

Professor: Paul Rose
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

PREREQUISITES: ANY BUSINESS ASSOCIATION COURSE OR WAIVED BY PROFESSOR
This three-hour course is open to any student who has completed a Business Associations course prior to the beginning of this course. The prerequisite may be waived in the discretion of the instructor. The course covers the regulation of distributions of securities by issuers and their affiliates under the Federal Securities Act of 1933 and the Ohio Securities Act and the regulation of the securities trading markets by the Securities & Exchange Act of 1934.

EXAM AND CLASS PARTICIPATION

710 - Federal Courts

Professor: Sanford N. Caust-Ellenbogen
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

The federal courts play a critical role in allocating power among the branches of the federal government (separation of powers), as well as the allocation of power between the federal government and the states (federalism). The course will explore these complex relationships in detail. Topics include the extent of federal judicial power and the ability of the other branches to affect and limit judicial power; the extent of federal judicial power over states and state actors, including appellate review, civil rights actions and habeas corpus; immunity from suit and federal court abstention; inter-system preclusion; access to federal court; and federal common law. These issues have been difficult and controversial over the years, and remain at the forefront of the legal and political landscape, today.

711 - Health Law

Professor: Todd G. Guttman
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Selected issues in the practice of medicine; medical malpractice, ethical issues, regulation of the health care industry, and use of medical testimony and proof in litigation.

713 R - Appellate Advocacy II/Moot Court

Professor: Mary Beth Beazley
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

713 R - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits: 1-2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

713 X - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

713 X - Appellate Advocacy II/Moot Court

Professor: Kelly Bott Smith
Credits: 1-2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

713 Y - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits: 1-4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

713 Y - Appellate Advocacy II/Moot Court

Professor: Kelly Bott Smith
Credits: 1-4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

713 Z - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits: 1-4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

713 Z - Appellate Advocacy II/Moot Court

Professor: Kelly Bott Smith
Credits: 1-4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

715 - Taxation of Business Enterprises

Professor: Allan J. Samansky
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

PREREQUISITE: 606 FEDERAL INCOME TAXATION. We will study the basics of taxation of corporations, partnerships, and LLCs. Among other goals, this course will prepare a student to advise persons who are starting new businesses whether they should operate the business in either a corporation or flow-through entity (such as a partnership or limited liability company).

EXAM AND CLASS PARTICIPATION

716 - International Tax

Professor: Stephanie Hoffer
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course examines how the United States tax system deals with globalization. The course considers jurisdictional and sovereignty issues, multiple taxation and the use of tax treaties, domestic tax rules applicable to inbound and outbound transactions, and how existing rules and treaties affect businesses’ outsourcing and offshore relocation decisions. The course will include elements of both business planningand policy making.

EXAM AND CLASS PARTICIPATION

728 - International Business Transactions

Professor: Daniel C.K. Chow
Credits: 4
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Some familiarity with public international law and commercial law may be helpful but is not required. This is the general basic course on international business transactions. Issues covered include legal issues associated with financing commercial transactions, transnational contracts, and foreign direct investment in countries abroad. There will be some emphasis on international trade institutions, GATT treaties, and federal trade law.

EXAM AND CLASS PARTICIPATION

729 - Administrative Law

Professor: Peter M. Shane
Credits: 4
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

A study of the administrative law process, concentrating upon the functions and procedures of federal administrative agencies and judicial review of agency actions. Specific topics will include the creation of agencies; their investigative, legislative, and adjudicatory power; and the control of agency action by the executive, legislative, and the judicial branches. Given the pervasive nature of government in our society, lawyers in virtually every type of practice deal with administrative agencies at the local, state, or federal level. Administrative law provides a framework to understand the basic administrative process and its control by the three branches of government.

732 W - Environmental Law

Professor: Annecoos Wiersema
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course is a survey course of U.S. environmental law, covering topics including environmental assessment, clean air, clean water, waste management, and endangered species. Along the way, we will consider questions of how best to regulate, issues of federalism, the role of citizens in environmental protection and law, the values, science, and policy that influence environmental law, and new approaches to environmental protection.

733 - First Amendment

Professor: David A. Goldberger
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course explores the First Amendment protection of freedom of speech, freedom of association, and freedom of the press. It focuses on the leading First Amendment cases that have established the doctrinal framework that gives political speech and other kinds of communication the most extensive protection found in any country in the world.

EXAM

735 B - Entrepreneurial Business Law Journal

Professor: Dale A. Oesterle
Credits: 1-2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Under this general number and with the approval of the faculty advisor, students may earn credit on one of the College’s journals. Students will register for 735 credit through the Moritz Registrar’s office, not online.

735 B - Entrepreneurial Business Law Journal

Professor: Dale A. Oesterle
Credits: 1-2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

735 L - Law Journal

Professors: Garry W. Jenkins / Stanley Laughlin Jr.
Credits: 1-2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

735 L - Law Journal

Professors: Garry W. Jenkins / Stanley Laughlin Jr.
Credits: 1-2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

735 R - Journal on Dispute Resolution

Professors: Sarah Rudolph Cole / Ellen Deason
Credits: 1-2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

735 R - Journal on Dispute Resolution

Professors: Sarah Rudolph Cole / Ellen Deason
Credits: 1-2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

735 X - Criminal Law Journal

Professors: Joshua Dressler / Douglas Berman
Credits: 1-2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

735 X - Criminal Law Journal

Professors: Douglas A. Berman / Joshua Dressler
Credits: 1-2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

735 Z - I/S Journal

Professor: Peter M. Shane
Credits: 1-2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

735 Z - I/S Journal

Professor: Peter M. Shane
Credits: 1-2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

736 01 - Professional Responsibility

Professor: Jonathan Coughlan
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? Yes

The student will acquire working familiarity with the Code of Professional Responsibility, Code of Judicial Conduct, and procedures governing disciplinary procedures. It covers important differences in jurisdictions other than Ohio. This will be accomplished by studying hypotheticals, case law, the Codes, and selected readings. Emphasis will be placed on the use of hypotheticals and classroom discussions for the student to recognize and resolve dilemmas stemming from legal, professional, and personal dilemmas that are likely to occur during the practice of law.

EXAM AND CLASS ATTENDANCE
SATISFIES LEGAL PROFESSION/SUBSTANCE ABUSE REQUIREMENT

736 01 - Professional Responsibility

Professor: Morgan E. Shipman
Credits: 2
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? Yes

This 2-hour course covers the professional responsibilities of lawyers, including, conflict of interest, malpractice law, and the work of disciplinary authorities. I use standard printed materials plus some offset materials. The whole grade is determined by the final exam. There are no papers or memoranda.

736 01 X - Professional Responsibility

Professor: Jonathan Coughlan
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? Yes

EXAM AND CLASS ATTENDANCE
SATISFIES LEGAL PROFESSION/SUBSTANCE ABUSE REQUIREMENT

736 02 D - DC Ethics

Professor: Peter P. Swire
Credits: 2
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? Yes

See Washington, D.C., program information

736 02 G - Professional Responsibility

Professor: Arthur F. Greenbaum
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? Yes

Lawyers are regulated by moral, professional and legal constraints in discharging their responsibilities as representatives of clients, officers of the legal system, and public citizens having special responsibilities for the quality of justice. This is a survey course in professional responsibility, with emphasis on the law governing lawyers. Using cases and hypotheticals, the course explores dilemmas that are likely to occur during the practice of law. Emphasis is on application of the ABA’s Model Rules of Professional Conduct and where the Model Rules conflict with the Model Code of Professional Responsibility and the Restatement of the Law Governing Lawyers.

EXAM

737 - Patent Law

Professor: Edward Lee
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course covers substantive and procedural aspects of patent law. Included are consideration of the nature of patents as property and the law governing questions of validity and infringement in actions to enforce patents; the use of trade secrets as an alternative; the statutory requirements for patentability – novelty, utility and nonobviousness; the procedures for patent procurement and enforcement; and the licensing and antitrust constraints on employment of patent property.

EXAM

737 M - Patent Prosecution

Professor: Richard M. Mescher
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will focus on patent prosecution practice and will combine a study of case law and the rules and regulations applicable to patent applications. The course will cover issues of compliance with U.S.C. sections 102, 103, and 112; claim drafting; how patent applications are processed; and how to respond to various actions by the Patent and Trademark Office. Additional topics include post-issuance correction of patents using certificates of correction, reissue, and re-examination. There will be exercises in claim drafting, preparing an amendment, and preparing a patent application.

738 01 - Criminal Defense Practicum

Professors: Robert Martin Krivoshey / Deborah Merritt
Credits: 4
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

PREREQUISITES: EVIDENCE AND QUALIFICATION FOR LEGAL INTERN CERTIFICATE
Development of the basic knowledge and skills of criminal defense practice. Emphasis on professional responsibility, trial practice skills, and application of legal principles. Students will represent accused persons in the Franklin County Municipal Court under the supervision of the staff attorney.

CLASS PARTICIPATION
LIMITED ENROLLMENT

738 20 A - Special Education Advocacy

Professor: Ruth Colker
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

This three credit course primarily covers the law of special education as provided in the Individuals with Disabilities Education Act (“IDEA”). Students interested in learning about the Americans with Disabilities Act should take The Law of Disability Discrimination.

This course will be taught in conjunction with an attorney who practices special education law with Columbus Legal Aid, as well as in conjunction with professors in various allied health professions who specialize in assisting children with disabilities.

A primary emphasis of the class will be to teach students about the process under which students are identified as disabled and provided with Individualized Education Plans (“IEPs”). After receiving training on the IDEA and negotiation, students will be teamed with parents who are seeking assistance in developing adequate IEPs for their children. Students will not be engaged in the practice of law and will not need a third-year practice certificate to work with parents. The teams will consist of both law students and nonlaw students who have expertise in special education.

Enrollment in the class will be limited to twelve law students and eight nonlaw students who are engaging in graduate work related to special education. The course will count towards one credit of the Certificate in Alternative Dispute Resolution.

The final grade for this course will be based primarily on the student’s participation at an IEP meeting and a take-home final examination (which can be taken as part of a team).

This class will only meet two hours per week but students will be required to attend a Saturday training session which is likely to be held on February 7, 2009. They will also be required to attend an IEP meeting at some time during the semester.

738 20 J - Justice for Children

Professors: Katherine Hunt Federle / Angela Lloyd
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

TEACHING METHOD: CLIENT REPRESENTATION, SIMULATION & DISCUSSION
Third-year students certified as legal interns by the Ohio Supreme Court represent clients under faculty supervision in a variety of proceedings implicating the rights of children. These may include abuse and neglect, custody, delinquency, status offense, judicial bypass and termination of parental rights cases. Students work with clients at all stages of the representation and participate in pretrial hearings and at trial. The classroom component of the course provides students with an opportunity to learn a number of lawyering skills within a substantive context while developing an approach to the thoughtful and ethical practice of law. Students also discuss their pending cases in class, which creates additional opportunities for exploring strategic and ethical issues. This course is required for students who seek the certificate in Children Studies.

Students enrolling in the Justice for Children Practicum will be expected to attend one Saturday class session. (In the Fall 2008, that class session will be held on Saturday, August 23, from 9:00 a.m. to 3:00 p.m. Lunch will be provided.) Please note that the last 3 classes of the semester will be cancelled to make up for the Saturday training.

METHOD OF EVALUATION: PERFORMANCE ON SIMULATIONS, ON CLASS ASSIGNMENTS, IN CLASS DISCUSSIONS, AND IN ROLE AS LEGAL INTERN.
LIMITED ENROLLMENT

738 20 L - Legislation Clinic

Professors: Steven F. Huefner / Terri Enns
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

In recent years, state legislatures have found themselves confronting many of our most complex public policy issues, in part because of efforts to downsize national government and revitalize principles of federalism. Law students can help Ohio legislators to analyze potential legislative issues, examine how other states have sought to address them, and develop statutory (or other) responses that are appropriate for our state.

Up to 12 second and third year law students per semester may enroll in the Legislation Clinic. The Clinic’s twice-weekly classroom component focuses on aspects of Ohio legislative process. For their clinical experience, some students are placed with one of the four Leadership Caucuses in the Ohio General Assembly (majority and minority in House and Senate), or with individual members of key committees, such as Judiciary and Finance. Other students serve with the Legislative Service Commission, working with LSC professional staff on bill analyses, special studies, or research reports. Additional placement opportunities include the Joint Committee on Agency Rule Review, the Office of the Governor, and cabinet-level agencies of state government.

The Clinic helps law students to appreciate the importance of legislative lawyering as they develop their own skills in this arena. By observing and participating with others working in areas such as policy analysis, information-sharing in a partisan context, and negotiation among multiple parties, law students better understand why these skills matter. To obtain these benefits, participants should expect to spend a substantial amount of time each week in their clinical placement. In addition, the majority of the Ohio General Assembly’s legislative work occurs on Tuesdays and Wednesdays, and occasional Thursdays. Accordingly, students in the Clinic should try to arrange their schedules so that each week they have significant blocks of time available for field work during this crucial midweek period, although rewarding placements may be possible for students who are unable to make such arrangements.

GRADE WILL BE BASED ON CLASS PARTICIPATION, FIELD WORK ASSIGNMENTS INCLUDING WRITTEN PRODUCT, AND OVERALL DILIGENCE
LIMITED ENROLLMENT

738 20 L - Legislation Clinic

Professors: James J. Brudney / Terri Enns
Credits: 4
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

GRADE WILL BE BASED ON CLASS PARTICIPATION, FIELD WORK ASSIGNMENTS INCLUDING WRITTEN PRODUCT, AND OVERALL DILIGENCE
LIMITED ENROLLMENT

738 20 P - Criminal Prosecution Clinic

Professors: Robert Martin Krivoshey / Ric Simmons
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

PREREQUISITES: EVIDENCE AND QUALIFICATION FOR LEGAL INTERN CERTIFICATE
Students represent the City of Delaware and the State of Ohio in criminal cases, prosecuting cases as diverse as domestic violence, sexual misconduct, drunk driving, and theft. Each student is responsible for his or her own cases and handles every aspect of the prosecution including witness interviews, motion practice, plea negotiations, evidentiary hearings, and bench or jury trials. As part of the clinical component, students should anticipate numerous trips and multiple courtroom appearances in Delaware (approximately a 35-minute drive from campus). The classroom component, using lecture, discussion, and simulation, will focus on: (1) skills training through discussion of actual cases and simulation exercises; (2) exploration of the conflicting roles of the prosecutor, ethical issues, and recurring criminal procedure and law questions; and (3) evaluation of the fairness and effectiveness of the various institutions in the criminal justice system.

LIMITED ENROLLMENT

738 20 R - Mediation Practicum

Professors: Ellen E. Deason / John Minter
Credits: 4
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

This combined seminar and practicum provides a study of critical legal, ethical, and policy issues that have emerged with the increased use of mediation for the resolution of disputes and an opportunity to develop skills as a mediator. Each student will mediate disputes at the Franklin County Municipal Court and/or Franklin County Night Prosecutor’s Program under the supervision of the staff attorney. Students who take this course MUST have at least one afternoon available (excluding Friday) and Tuesday or Wednesday evening free each week for clinic activity. Students will not be asked to mediate every week, but a consistent availability is necessary to schedule mediations. Each student will write and present a substantial research paper (preceded by a rough draft). Students who have taken another College of Law course in mediation may not take this course. Students taking this course fall semester must be available to attend the two-day mediation training on Saturday, August 23rd and Sunday, August 24, 2008; students taking the course winter semester must be available to attend the two-day mediation training on Saturday, January 24 and Sunday, January 25, 2009.

LIMITED ENROLLMENT

738 20 Y - Mediation Clinic

Professors: Sarah Rudolph Cole / John Minter
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

LIMITED ENROLLMENT

738 20 Z - Civil Law Clinic

Professors: David A. Goldberger / Elizabeth Cooke
Credits: 4
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

TEACHING METHOD: CLIENT REPRESENTATION AND SIMULATION OF TRIAL TECHNIQUES
Students represent clients in pending civil cases in state and federal courts under faculty supervision. Students are assigned to cases from a wide variety of subject-matter areas including: civil rights, consumer law, landlord-tenant, personal injury, domestic relations, and bankruptcy. The classroom component of the course provides training in basic pre-trial practice skills. It also includes discussion and analysis of the pending cases for the purpose of developing sound litigation strategies and for addressing ethical problems that arise during the course of litigation. In addition, students participate in the representation of clients at trial and in hearings. They also take and defend depositions.

METHOD OF EVALUATION: PERFORMANCE IN COURT, ON SIMULATIONS, AND IN CLASS ASSIGNMENTS
LIMITED ENROLLMENT

738 20 Z - Civil Law Clinic

Professors: Gregory M. Travalio / Elizabeth Cooke
Credits: 4
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

TEACHING METHOD: CLIENT REPRESENTATION AND SIMULATION OF TRIALTECHNIQUES
Students represent clients in pending civil cases in state and federal courts under faculty supervision. Students are assigned to cases from a wide variety of subject-matter areas including: civil rights, consumer law, landlord-tenant, personal injury, domestic relations, and bankruptcy. The classroom component of the course provides training in basic pre-trial practice skills. It also includes discussion and analysis of the pending cases for the purpose of developing sound litigation strategies and for addressing ethical problems that arise during the course of litigation. In addition, students participate in the representation of clients at trial and in hearings. They also take and defend depositions.

METHOD OF EVALUATION: PERFORMANCE IN COURT, ON SIMULATIONS, AND IN CLASS ASSIGNMENTS
LIMITED ENROLLMENT

739 C - Pretrial Litigation

Professor: John J. Chester
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

The course will cover case planning, interviewing and counseling, pleading, motion practice, informal and formal discovery, settlement discussions and, if time permits, interim relief and interlocutory appeals. Since students will have learned the basic legal doctrines in Civil Procedure, the focus will be on planning, analysis, and strategy. The class will be divided into law firms to conduct pretrial litigation problems.

GRADE BASED ON QUALITY OF CASE FILE WHICH IS COMPOSED OF THE ACCUMULATED ASSIGNMENTS
LIMITED ENROLLMENT

740 - Estate Will Drafting

Professor: Allan J. Samansky
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

PRE- or CO-REQUISITES: LAW 606, FEDERAL INCOME TAXATION; LAW 656, WILLS AND TRUSTS
The goal of the course is to provide interested students with some of theskills and knowledge needed by attorneys who have an estate planning or general business practice. Topics covered will include wills, trusts, asset protection, retirement planning, and charitable giving. We will also studythe relevant provisions of income, gift, and estate taxes and appropriate planning. Most of the course will be organized around case students, and students will be required to participate in simulations, draft wills and other documents, and prepare short memoranda. The course will be limited to thirty students.

744 - Employment Discrimination Law

Professor: Martha Chamallas
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

A study of federal law prohibiting discrimination in employment on the basis of race, gender, sexual orientation, national origin, religion, age, and disability. We will focus on Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Reconstruction Era Civil Rights Act, and the Americans with Disabilities Act of 1990. We will also discuss some of the constraints imposed on public sector employers by the Equal Protection Clause of the 14th Amendment and the Due Process Clause of the 5th Amendment to the U.S. Constitution.

EXAM AND CLASS PARTICIPATION

747 - Civil Rights

Professor: john a. powell
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? No
Professional Responsibility? No

Civil rights is largely about who belongs to the polity and part of the national community and what rights and benefits attach to such belonging. Who belongs and the rights accorded or denied associated with that membership is law of civil rights. Civil rights law however, does not just distribute rights but is also important in the constitution of the legal subject and in the making of public and private identities. This course will survey the history of civil rights laws and issues with a strong focus on race and ethnicity. It will also look at other categories such as gender and age. The development of civil rights law will be explored by studying a number of legal doctrines such as housing, public accommodation, education, employment, voting, and the criminal justice system. The course will look at development of constitutional doctrines such as anti-discrimination, color blindness, and anti-subordination to see if these doctrines satisfy the evolving aspiration of belonging.

750 - Foreign Relations Law

Professor: Stanley K. Laughlin Jr.
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will examine the constitutional, statutory, and international law basis for the conduct of foreign relations and foreign policy by the United States. It will examine how those legal powers and restraints interact with international law and practice. Among the topics considered will be treaties and international agreements, the war power, and respective roles of the president and the Congress, and the law of nations as incorporated into U.S. law.

752 - Election Law

Professor: Edward B. Foley
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

We cover four major areas: (1) legislative districting; (2) nominating candidates; (2) campaign practices, including campaign financing; and (4) the casting and counting of ballots. Taking these topics in this order permits us to follow the "life cycle" of a campaign, and we use real-world examples to illustrate issues. This year (2008) we will follow the competitive races for Congress as well as the presidency. We will examine the role that attorneys play in advising candidates, political parties, and others interested in the operation of the electoral process, and we will also consider the extent to which the current system needs reform (and, if so, what sorts of reforms might be advisable). The exam will be some form of take-home, the particulars to be determined during the semester.

EXAM: TAKE-HOME

781 - International Dispute Resolution

Professor: Amy J. Cohen
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course surveys the dispute settlement mechanisms available for resolving disputes with an international dimension. It is organized around the classic categories of the field: negotiation, mediation, fact-finding, conciliation, arbitration, and adjudication. Despite the classic approach, the course emphasizes the many new developments in this area of law, with regard to both private international disputes and public (government-to-government) disputes. Among the new areas for consideration are the dispute settlement mechanisms of NAFTA and the World Trade Organization; the growing number of tribunals to resolve disputes; the increasing use of international arbitration; and the increasing use of national courts to settle international disputes, including those of a public character.

782 - Product Liability

Professor: Kathy Seward Northern
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

In the modern world, people accomplish both individual and collective objectives through the products of technology. Our modes of transportation, narrowly tailored medical treatment, manufacturing, entertainment, nourishment, and the control and maintenance of our individual and collective surroundings all involve the use of products that have the potential for great benefit and, on occasion, great harm. “Products liability law addresses the consequences of modern science and technology gone awry – when products, or the interactions between people and their products, fail.” David Owens. In this course we will examine the historical development of modern products liability law, the major theories of liability including manufacturing defect, design defect, and failure to warn/instruct. We will also consider the impact that product liability law has had with regard to consumer safety, patterns of litigation, and the call for tort reform. Grades will be based upon class participation, 2 short (3 to 5 page) writing assignments and a final exam.

793 D - DC Extern

Professor: Peter P. Swire
Credits: 3
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? No

See Washington, D.C., program information

793 I - Independent Study

Professor: Monte Smith
Credits: 1-3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

By special arrangement with a particular faculty member, and with approval of the Associate Dean for Academic Affairs, a student may undertake an individual project for credit. The work will be supervised by the faculty member concerned and will be graded on an S/U basis. The number of credits will vary according to the magnitude of the project. Ordinarily, individual projects should be undertaken only when the subject matter involved is otherwise unavailable in the curriculum. Students will register for 793 credit through the Moritz Registrar’s office, not online.

793 J - Judicial Extern Program

Professor: Monte Smith
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

The College of Law, in cooperation with a number of judges in the community, offers judicial externships for credit. Applicants must submit a resume, individual writing sample, and an indication of obligations outside law school. To seek further information, see Assistant Dean Monte Smith. Students will register for 793 credit through the Moritz Registrar’s office, not online.

793 J - Judicial Extern Program

Professor: Monte Smith
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

793 J - Judicial Extern Program

Professor: Monte Smith
Credits: 2
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? No

794 A - Appellate Advocacy III

Professor: The Honorable Jeffrey S. Sutton
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course is required of all third year students participating on a Moot Court team. Students will earn one ungraded (S/U) credit each semester.

794 A - Appellate Advocacy III

Professor: The Honorable Jeffrey S. Sutton
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course is required of all third year students participating on a Moot Court team. Students will earn one ungraded (S/U) credit each semester.

794 B - LGBT Law

Professor: Jim Madigan
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will be held March 23-27, 2009.

Issues in LGBT law taught by visiting adjunct Jim Madigan, Staff Attorney for the Midwest Regional Office of Lambda Legal.

794 C - Advanced Issues in ADR

Professors: John A. Minter / Sarah Cole
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This course involves advanced study in the area of dispute resolution, including the writing or revising of a substantial paper that deals in an original way with a problem in the field. Each student will be assigned to a faculty advisor that he or she will work closely with to form the paper into a publishable work. Classes will consist of an in-depth look at several areas of dispute resolution not covered in detail by other ADR classes. Classes will also consist of presentations by professionals regarding their area of expertise in dispute resolution. Student suggestions regarding the subject matter of a limited number of classes will be considered. The course is required for students who seek the Certificate in Dispute Resolution.

PAPER AND CLASS PARTICIPATION
PREREQUISITE: ONE OTHER DISPUTE RESOLUTION COURSE
LIMITED ENROLLMENT

794 D - Commercial Leasing

Professor: Richard C. Daley
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

The course will be a focused study of the various business and legal considerations which drive the leasing of a commercial real estate project. We will examine the material provisions of a variety of lease documents, including office, industrial, retail and ground leases. The students will be given ample opportunity throughout the semester to review, negotiate, draft and revise the provisions of a commercial real estate lease.

794 D - Dispute Resolution: Theory and Practice

Professor: Ellen E. Deason
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This survey course in dispute resolution emphasizes the role of the lawyer representing clients in these processes. It introduces students to the theory and practice of negotiation, mediation, arbitration, summary jury trials, and other processes from an advocate's perspective. Students gain familiarity with these processes and with how to help a client select the most appropriate process through simulation exercises, videotapes, and class discussion. This course is especially recommended for students who plan to take a limited number of courses in the dispute resolution curriculum.

GRADING: EXAM, NEGOTIATION EXERCISE AND CLASS PARTICIPATION.

794 E - Race, Class and Criminal Justice

Professor: Michelle Alexander
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

This course will explore the role of race and class in structuring our criminal justice system. Specifically, the course will examine the influence of race and class in the definition of crime and form of punishment, as well as the influence of race and class at every stage of the criminal justice process, from the initial stop, search and arrest, to the charging and plea bargaining phase, to jury selection and sentencing. We will consider how courts have limited or facilitated race and class biases in the criminal justice system, and the role of public opinion and legislative action in the system's design. Grades will be based on class participation and a student paper applying course material to a subject of personal interest.

794 G - International Joint Venture

Professor: Gail Block Harris
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

DPIR course to be held February 23-27, 2009. When it is available, the description will be posted on the DPIR web site.

794 G - Small Business Finance

Professor: Larry T. Garvin
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Legal and financial issues arising from small and start-up businesses, from formation to initial public offering. Topics to be discussed include basic accounting and valuation techniques; transaction cost economics, relational contract, and entrepreneurial psychology; choice of entity; founder finance, including tax and bankruptcy issues; insider finance, including shareholder oppression and restraints on alienability; non-bank finance, including trade credit, leasing, factoring, and purchase money lending; bank credit; angel investing; venture capital, including control and cash flow rights, fiduciary duties, and exit strategies; and franchising. The class will be taught using a combination of traditional lecture and discussion with problem-solving, contract drafting, and role-playing. Grading will be by take-home examination, class participation, and in-class and take-home exercises.

PREREQUISITE OR CO-REQUISITE: BA.

794 H - Employee Benefits

Professor: L. Camille Hébert
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will focus on the legal issues surrounding the mandated or voluntary provision of benefits to employees by employers, including health and pension benefits. Issues that will be addressed include the scope of the Employee Retirement Income Security Act, as well as issues on non-discrimination, fiduciary obligations, and preemption of state laws relating to the provision of benefits.

EXAM AND CLASS PARTICIPATION

794 I - International Intellectual Property

Professor: Daniel C.K. Chow
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will examine issues related to the international protection of intellectual property. The course will survey various international agreements and treaties for copyright, patent, and trademark, focusing on the Agreement on Trade Related Aspects of Intellectual Property (TRIPs) of the World Trade Organization. In addition to exploring the basic concepts of territoriality, national treatment, and minimum standards, we will consider political and policy concerns related to efforts to secure and strengthen protection of intellectual pro perty around the world.

EXAM AND CLASS PARTICIPATION

794 J - Jury Selection

Professor: Robert Martin Krivoshey
Credits: 1
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? No

This course concentrates on techniques used by trial lawyers to secure the most favorable jury composition. It will combine simulations with lectures and readings by social scientists and jury consultants.

Method of evaluation: DAILY CLASS PERFORMANCE AND ONE HOUR EXAM

794 J - Lawyers as Leaders

Professor: Garry W. Jenkins
Credits: 3
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

For generations, lawyers and people with legal training have used their skills to reach positions of influence in all spheres of public and private life. Combining readings on leadership theory, simulation exercises, and relying extensively on case studies featuring lawyers who have become successful leaders, this course develops a descriptive and normative picture of successful leadership in business, government, and the nonprofit sector. Through the cases and exercises, students will gain experience analyzing issues, exercising judgement, and making difficult decisions – the hallmarks of skillful leadership. The objective of the course is to help students think more broadly about leadership, increase their appreciation for the variety of leadership roles people with legal training may achieve throughout their careers, and prepare for positions of leadership themselves. Students who take this course must participate in the mandatory, one-day leadership development workshop to be held on a Saturday (morning and afternoon), with the specific date to be announced on the first day of class. Students taking this course will receive one hour of credit toward the certificate in dispute resolution if they do not write a paper on a dispute resolution topic and receive 3 credits if they do write a paper on a dispute resolution topic

LIMITED ENROLLMENT

794 K - Depositions

Professor: The Honorable Terence P. Kemp
Credits: 1
Semester: 2008 Summer
Second Writing? No
Seminar? No
Professional Responsibility? No

We will cover the procedure and problems associated with taking a deposition. We will focus on how a deposition can most effectively be taken and how the information can be integrated with other discovery mechanisms. The goal is for each student to be able to handle the deposition process from the start of discovery to the end of the trial. Students will be graded based on IN-CLASS QUIZZES, A WRITTEN EXERCISE, AND CLASS PARTICIPATION.

794 L - Adoption Law

Professor: Angela Marie Lloyd
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course surveys the law of adoption through its history and development. Students will become familiar with the critical issues in adoption law, including consent to adoption by biological parents, international adoption, transracial adoption, single parent and same-sex parent adoption, assisted reproduction technology and adoption, foster care and public adoption, and confidentiality in adoption.

EXAM AND CLASS PARTICIPATION

794 L - The U.S. Legal System and Legal Traditions

Professor: Ellen E. Deason
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

794 M - Gender & Law

Professor: Martha Chamallas
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course explores the legal significance of gender in a wide variety of contexts, including employment, criminal and civil law, and laws governing family and sexuality. It is a survey course covering major state and federal cases and including some discussion of gender in comparative and international contexts. We will examine such topics as rape, domestic violence, sexual harassment, child custody, marriage and reproductive rights. There will be a special emphasis on the intersection between gender and race and gender and sexual orientation. In addition to substantive law, the course includes articles and other materials focusing on the various strands of feminist legal theory, including liberal, radical, cultural, anti-essentialist and postmodern feminist scholarship.

THE GRADE IN THE COURSE WILL BE BASED PRIMARILY ON A TAKE-HOME FINAL EXAM.

794 O - Mergers & Acquisitions

Professor: Dale A. Oesterle
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Studies the planning of corporate mergers, acquisitions, and reorganizations, examining the application and integration of state corporate law, federal securities law, accounting principles, tax law, labor law, products liability law, environmental law, ERISA, and antitrust law. Prior or simultaneous class in Business associations recommended, but not required.

794 P - Law & Psychology

Professor: Deborah Jones Merritt
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

Law practice requires complex decision making, accurate appraisal of other people, and persuasive advocacy. Lawyers and their clients analyze disputes, decide how to structure business deals, determine when to accept offers in negotiation, evaluate the truthfulness of adversaries, and make a large number of other sophisticated decisions. When engaging in these activities, lawyers also attempt to influence the decisions of others; they try to persuade jurors, judges, opponents, business partners, legislators, and the public to favor their client’s position.

Recent psychology research sheds surprising light on how people make decisions and how they can best persuade others. This course examines that research, exploring the various factors that drive human decision making and influence persuasiveness. The course applies this research to a variety of specific contexts in which lawyers serve as decision makers and advocates. By drawing upon the insights of modern cognitive science, the course prepares law graduates to enhance their decision making and advocacy in a broad number of roles. No prior training in psychology or social science research is necessary.

There is no final exam in this course. Instead, students complete several short assignments during the semester and write a final paper of approximately 10-pages on a subject of their choice.

This course may count toward the 15 credit hours required for the Certificate in Dispute Resolution. A student who completes the course and writes his or her final paper on an approved alternative dispute resolution topic will have all three credit hours count toward the certificate. A student who does not write his or her final paper on an ADR issue will earn one certificate credit hour.

794 Q - Human Rights

Professor: John B. Quigley
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course covers the protection of human rights in international law. Topics include: (1) the feasibility of requiring nation states to comply with international standards in the treatment of individuals; (2) the invocation of internationally protected rights in domestic (U.S.) courts; (3) international remedies and mechanisms for the enforcement of rights.

EXAM: PART ESSAY, PART OBJECTIVE
PREREQUISITE: INTERNATIONAL LAW OR INTERNATIONAL DISPUTE RESOLUTION

794 S - Good Corporate Governance

Professor: Dan D. Sandman
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

DPIR course to be held October 13-17, 2008. When it is available, the description will be posted on the DPIR web site.

794 S - International Mergers & Acquisitions

Professor: Scott Simpson
Credits: 1
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

DPIR course to be held November 10-21, 2008. When it is available, the description will be posted on the DPIR web site.

794 S - The Internet, Law and Democracy

Professor: Peter M. Shane
Credits: 3
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will be held January 12-March 20.

Since the advent of the Internet, hopes have loomed large for its potential role in invigorating the quality of democratic life in both developing and post-industrial countries. This course will analyze the ways in which the production, consumption, and legal regulation of Internet speech and digital technologies shape the Internet's political impact on democracy, with special, but not exclusive reference to the experience of the United States. The course will begin with an introduction to the Internet as a technological and political phenomenon, plus a brief survey of democratic theory. We will then consider the Internet as an information medium, as we might consider newspapers or broadcast journalism. A third section of the course will look at the Internet as a vehicle for governance and political action. Our readings will introduce the idea of "e-democracy," and the challenges posed for e-democracy by issues of access, inclusion, and the digital divide. We will then consider the uses of the Internet for mobilizing interest groups and conducting electoral campaigns, as well as the phenomenon of "e-government." Following this survey, we will consider how law treats the Internet in its capacity as a "public square" or general forum for free speech. Specific topics will include fighting words, national security limits on speech, the regulation of obscenity, and defamation. We will then discuss the legal regulation of digital technologies as it affects their democratic prospects. Of particular concern will be debates over treating internet service providers as common carriers, mandating "net neutrality," promoting broadband deployment, and regulating technologies for sharing information. We will take a brief look at copyright issues and their potential impact on democracy, and then survey political and legal perspectives on data mining, data protection and freedom of information.

In order to accommodate potential enrollment by graduate students from other departments, the course will be offered during the College of Law spring semester, but compressed into thirty 70-minute sessions taught over the ten-week winter quarter. Grading will be based 70 percent on a take-home final examination, 20 percent on student contributions to an online discussion forum, and 10 percent on class participation.

Our primary texts will be Andrew Chadwick, Internet Politics: States, Citizens and New Communication Technologies (Oxford University Press, 2006), and Madeleine Schachter and Joel Kurtzberg, Law of Internet Speech (Carolina Academic Press, 3d ed., 2008).

794 T - Fiduciary Responsibility

Professor: The Honorable William B. Chandler III
Credits: 1
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

DPIR course to be held March 20-22, 2009. When it is available, the description will be posted on the DPIR web site.

794 W - Education Law

Professor: Charles E. Wilson
Credits: 3
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Schools are the major organizational mechanisms for personal achievement and social stability, so it is little wonder that they are also the staging grounds for the major social battles and disagreements of our time. Consequently, legal issues involving education have greatly proliferated in recent times. The Supreme Court has addressed at least one issue affecting education virtually every term in the last thirty years. There does not appear to be any abatement in the near future in either the number or complexity of legal issues arising in the education context.

Because of the importance of education and its mandatory nature in the K-12 level, it is inevitable that some of society’s most important civil rights issues are litigated within the school context. These include equality of opportunity, affirmative action, race, gender, language and disability discrimination, freedom of expression, loyalty oaths, the constitutionally permissible scope of religion in the public sphere, and constitutional limits on search and seizure. This course will be centered around these themes.

Virtually everyone possesses a certain degree of expertise in identifying and appreciating the implications of legal issues in the education context because everyone has experienced the education process. This course will offer you an opportunity to use that personal expertise to assess the important issues presented in this course. Your experience in the educational process also provides you with an understanding of the scope of unanswered legal questions that remain as challenges for the educational issues of the future. This course will serve as a platform for a discussion of those issues.

This course will focus primarily on K-12 education. My teaching of the materials in this course will be informed by my current service on a local school board and my occasional representation of school boards in collective bargaining. My hope is that this course will reflect this ongoing contact with the day-to-day realities of K-12 education. In addition, as appropriate I anticipate having guest speakers to further inform our discussion of these complex legal issues.

Public schooling is an arm of the state that is charged with the duty of preparing children to become productive members of society. The legal framework for public education will be our focus. We will study school safety issues and related efforts to protect student privacy and freedom of expression, including combating threatening behavior, peer harassment, and peer mistreatment; the parameters of the right to equal educational opportunity and related legal efforts to increase educational quality for all students, including the rights of students with special needs such as English learners and students with disabilities; church-state relations in education, including religion, morality, and values in public education; the powers and procedures of local school boards; school finance; the use of school funds and property; tort and contractual liability of school boards, officers, and employees; the rights of educators, including teacher certification, tenure, dismissal, retirement, academic freedom, employment discrimination, labor relations, and collective bargaining; student rights, including discipline procedures, suspension, expulsion, searches of students, drug testing, controls over student free speech-expressive activities, sexual harassment, and sexual orientation; and school desegregation.

Finally, this course will raise issues that are among the most controversial that any of us will ever have to face. These include, but of course are not limited to, controversies regarding race/ethnicity, gender, LGBT status, and religion. When addressing these controversial issues I will expect all students to manifest sensitivity and respect and to help create an atmosphere where all students are equally valued. Furthermore, I hope that all students will feel comfortable expressing their genuine beliefs and personal perspectives, no matter how popular or unpopular those viewpoints might be.

794 Z - Law and Social Science

Professor: Tanya J. Poteet
Credits: 2
Semester: 2009 Winter
Second Writing? No
Seminar? No
Professional Responsibility? No

This course introduces the use of social science as a tool for legal analysis. The course will touch on aspects of many typical law school courses – criminal law, constitutional law, criminal procedure, and tort law – which social science research has examined. We start with the developments in American jurisprudence that legitimized the use of social science in the law. Then, we will examine the basic elements of legal methods and social science research methodology. You do not need a background in scientific methods or statistics; we will study methodology for the purpose of understanding the cases. For most of the semester, we will look at the substantive uses of social science in adjudication; how it is used: to resolve factual disputes; to make or change law, both constitutional and common law; as a general context or framework for deciding specific cases; and in planning the litigation of a case.

796 03 - Seminar - Supreme Court

Professor: The Honorable Jeffrey S. Sutton
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This seminar deals primarily with the process of constitutional litigation as seen from the perspective of the U.S. Supreme Court. It includes a historical analysis of Article III and, more specifically, a consideration of the Court’s evolution over its almost 200 years of existence, with detailed attention to the way in which the courts exercise the unique power of “judicial review.” Some time will also be spent on constitutional theory, principally involving the legitimacy and scope of judicial authority in constitutional cases. Focus will then shift to the “nuts and bolts” of constitutional litigation--how cases are initiated, how the Supreme Court functions in screening and deciding cases, the essentials of effective appellate advocacy in constitutional cases, and the role and impact of leading justices. A “bench memorandum” on a currently pending Supreme Court case and a biographical essay about a sitting Justice are required. There is no exam.

PAPER

796 19 - Seminar - International Criminal Law

Professor: John B. Quigley
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

Criminal law has become increasingly globalized in recent decades. This seminar covers international law as it affects the prosecution of crime. Specific topics include international extradition of suspects (and other forms of inter-governmental cooperation with regard to crime), international standards for due process in criminal cases, particular issues arising in a criminal case in which the person prosecuted is a foreign national, international standards for trials by military commission, and the International Criminal Court and crimes defined under international law. Topics for the single research paper required for the seminar may relate to these or related issues.

796 19 D - Seminar - Criminal Defense

Professor: Joshua Dressler
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This seminar explores the moral underpinnings of, and controversies regarding, criminal law defenses. During the first half of the semester, through substantial assigned reading materials (all articles, no cases), the focus is on the nature of criminal law defenses generally, and the theoretical but all-important concepts of “justification” and “excuse” more specifically. There will also be readings on the provocation defense (why do we have the defense?; should it be abolished?; and discussion, pro and con, of permitting the defense in cases of nonviolent homosexual advances), as well as battered women who kill their abusers.

Each student will also write a substantial research paper on some aspect of criminal law defenses. Students will select a paper topic from a long list of possible areas of research provided at the first class session. The topics relate to proposed new defenses (e.g., euthanasia; cultural defense, “rotten social background” defense); existing defenses; and concepts of justification and excuse. During the second half of the semester, students will report to the class on their chosen topic. The completed paper will be due at the final class session of the semester (before the examination period). Attendance at first class session is critical.

PAPER AND CLASS PARTICIPATION
SATISFIES SEMINAR REQUIREMENT

796 20 A - Seminar - Capital Market

Professor: Steven M. Davidoff
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

In this seminar we will consider current academic thinking about capital markets. Topics include the regulatory structure of the U.S. capital markets, explanations for variance in capital markets regimes around the world, arguments for and against mandatory disclosure schemes, current thinking on jurisdictional competition in producing securities regulation, market failure and systemic risk, the global competition for listings, the global trend towards harmonization of securities regulation, the role of institutional investors and venture capital, the macro- and micro- risks and benefits of hedge funds, the market of corporate control, and the role of short-selling and derivatives in our capital markets.

796 20 A - Seminar - State Constitutional Law

Professor: The Honorable Jeffrey S. Sutton
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

In this seminar, students will be required to participate in class discussions and write two papers. Students will also be required to prepare a brief class presentation to be delivered in a format that is intended to be genial but adversary. The course is about “state constitutional law.” It will not specifically teach Ohio constitutional law, though some illustrations of the various principles may come from Ohio law. Instead, the subject is a general examination of state constitutional law and its proper role in the fabric of American law. Thus we will inquire into how state constitutional law may be interpreted and applied in the federal and state courts. We will consider its proper place in the hierarchy of federal and state laws that control specific situations, and its practical effects on cases. We will compare the constitutional structures of the state governments, both to one another and to the federal government, and consider how these differences affect issues of structural state constitutional law. We also will examine the rights protected in the Federal Constitution. This last issue has given rise to an especially fertile debate in the last decade. Different views have been expressed about the responsibilities of state courts interpreting state constitutional provisions whose language is identical or closely similar to their counterparts in the Federal Constitution, and about the weight that state courts should give in this regard to the United States Supreme Court’s interpretations of federal constitutional provisions.

PAPER

796 20 E - Seminar - Evidence in Trial Practice

Professor: The Honorable Edmund A. Sargus Jr.
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This seminar, offered by two distinguished federal judges (Judge Algernon Marbley in the Fall semester, and Judge Edmund Sargus in the Spring semester), will examine a host of evidentiary issues that challenge trial courts and litigants in the course of a trial. By exploring these issues in a seminar setting students will gain a deeper understanding of the rules of evidence, their underlying policy objectives and their implications, than is possible in the more basic course on Evidence. In the second part of the semester, students will be given an opportunity to select a research topic of their own, present it to the class, and write a substantial paper concerning their topic. This will satisfy one of the writing requirements, as well as the seminar requirement. Evidence is not a prerequisite to the seminar, but students will find it helpful if they have had the course.

796 20 F - Seminar - Ethics & Alternative Dispute Resolution

Professor: Christopher M. Fairman
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? Yes

This course offers both a survey in professional responsibility and in-depth application of the law governing lawyers to alternative dispute resolution (ADR). Grading is based on a pass/fail exam over the basic provisions of the Model Rules of Professional Conduct and a substantial research paper involving a legal ethical issue as applied to the ADR context.

SATISFIES SUBSTANCE ABUSE REQUIREMENTS

796 20 H - Seminar - Alternative Dispute Resolution in the Workplace

Professor: L. Camille Hébert
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This seminar will focus on the use of alternative methods of dispute resolution in the context of the workplace, including arbitration and mediation. Issues involving both labor arbitration and arbitration of individual employee disputes will be addressed, as will issues relevant to the mediation of employment disputes.

PAPER AND CLASS PARTICIPATION

796 20 K - Seminar - Race/Class Social Policy and the Law

Professor: john a. powell
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

In legal jurisprudence, as well as social policy, issues of race and socioeconomic status or class have been used as alternative and sometimes conflicting ways of understanding as well as addressing social concerns. Justice O’Connor, for example, in the Croson case expressed the Court’s preference for using class instead of race for set-asides and affirmative action. Similarly after the 5th Circuit struck down Bakke’s use of race-based affirmative action, the Texas legislature adopted a class-based affirmative action plan which the Court has upheld, and many pundits have lauded. Hurricane Katrina at least temporarily shattered the country’s assumption that race has lost salience for understanding and addressing social issues in the United States. When can class approaches do the work of race, and vice versa? Part of the difficulty with these approaches is that there is little understanding of what “race,” and by extension, “racism” is, and what work it does in our society. There is also confusion about the concept of class. This course will examine some of the various meanings and uses of both race and class in our courts and the public policy arena. It will not only look at these issues in their own right but also consider what the relationship between them is and how this understanding should inform our social and legal approach to pressing social issues. While the primary focus will be in the United States, we will consider how other societies understand and approach these issues as well, and how these understandings change over time.

796 20 N - Seminar - Anthropology & the Law

Professor: Stanley K. Laughlin Jr.
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

Law is often viewed (and taught) as an autonomous system of abstract concepts and precepts with its own logic, which can precind from other parts of a society. Anthropologists such as Hoebel, Pospisil, and Nadar and some legal scholars such as Oliver W. Holmes have held that law can be properly understood only as an integral part of the sociocultural settings. By that approach, we shall try to understand more about the nature of law itself, its relation to other parts of the sociocultural system, and the processes through which law functions in any society.

796 20 O - Seminar - Business Regulating Hot Money

Professor: Dale A. Oesterle
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

Course desciption not available

796 20 P - Seminar - Privacy & Cyberspace

Professor: Peter P. Swire
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This seminar will address current topics of privacy law and policy. The class will begin with about three weeks of background reading on privacy law and selected current issues, such as national security wiretaps, medical privacy in a world of electronic health records, or the future of Internet privacy. Students will then work on papers in pairs, with opposing viewpoints on the draft papers, e.g., the FBI vs. the ACLU on national security wiretaps. Class sessions will feature the draft papers and critical discussion of how to resolve current privacy issues.

SEMINAR PAPER
CLASS DISCUSSION COUNTS

796 20 P - Seminar - Public Utilities

Professor: Samuel H. Porter
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This two-credit seminar will be taught by Adjunct Professor Samuel Porter, who is a senior partner and former Chair of Executive Committee of the law firm Porter, Wright, Morris & Arthur and who also serves as Chair of the Public Utility, Communications, and Transportation Law Section of the American Bar Association. His practice is concentrated in the areas of utility regulation and litigation. The course will focus on issues concerning the regulation and deregulation of utilities including: retail and wholesale competition, electricity and gas trading, consolidations and alliances, effects on public service obligations, and municipal power and cooperatives.

PAPER AND CLASS PARTICIPATION

796 20 Q - Seminar - Ethnic Conflicts

Professor: John B. Quigley
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

The topic of this seminar is inter-ethnic conflict as it has affected maintenance of peace in various countries of the world. Students will be asked to write a single research paper. The paper may deal with a conflict in a particular country. It may deal with factors general to such conflicts. It may focus on the cause of inter-ethnic conflict, or on methods of resolution, or both. It may deal with international institutions as they have addressed ethnic conflict through peacekeeping, or other methods.

PAPER
NO PREREQUISITES

796 20 R - Seminar - Critical Race Theory

Professor: Vincene Verdun
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

Critical Race Theory (CRT) is a dynamic and growing movement in the law, spirited by writers who challenge the prevailing racial orthodoxy and question comfortable liberal premises, in search of a new way of thinking about race and law. CRT begins with the insight that racism is a normal and ingrained feature of American society. Thus, color-blind laws can remedy only the most extreme injustices and do little about the business-as-usual form of racism that people of color confront every day. This course begins with a review of the United States’ 1) history of racial and religious intolerance; 2) Civil Rights Movement; and 3) current socio-economic status of African Americans. With that foundation laid, a sampling of literature by writers in the CRT Movement is reviewed. The last half of the course is devoted to student presentations on approved topics that apply a critical perspective to issues related to race, gender, nationality or sexual orientation.

CLASS PARTICIPATION AND ATTENDANCE
PRESENTATION
PAPER, EACH HAVING EQUAL WEIGHT

796 20 S - Seminar - Sexual Violence and the Law

Professor: Marc Spindelman
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

In this course we will look at the relationship between sexuality and identity, and the law's relation to both. In particular, we will examine how the law treats sexual violence, understood as a form of sexuality, across a range of practices, some of them familiar (male-on-female rape, for instance, along with sexual harassment), and others less so (various forms of same-sex sexual violence that are only newly being recognized as such), and with what effects for identity production (and reform), sexual politics, and sex equality. The final grade for the course will reflect class participation and performance on a final paper.

796 20 V - Seminar - Critical Race Narrative

Professor: Vincene Verdun
Credits: 3
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

This seminar will focus on the relationship between narrative and law by using critical race theory and feminist legal theory to examine how race in America is a narrative of property and power. By reading a number of essayists and several novelists, we will explore such questions as: Who owns the narrative of slavery? Who can tell whose story? How has the law served as a totalizing presence in the lives of people of color? How do contemporary African American scholars, and other Scholars of Color (Critical Race Theorists) challenge concepts such as “property,” “witness,” “evidence,” “white innocence”? All of the novels that we will read will have as their genesis or focal point issues of law. All of our legal theorists assume that “wherever there is law, there is narrative.”

PREREQUISITE: NO FORMAL PREREQUISITE TO THIS COURSE

796 20 V - Seminar - Remedies

Professor: Vincene Verdun
Credits: 2
Semester: 2009 Winter
Second Writing? Yes
Seminar? No
Professional Responsibility? No

Course description not available

796 20 W - Seminar - Business Bankruptcy

Professor: Steven D. Walt
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

Course description not available

796 55 J - Seminar - Consumer Credit

Professor: Creola Johnson
Credits: 2
Semester: 2008 Autumn
Second Writing? Yes
Seminar? Yes
Professional Responsibility? No

In the last decade, predatory consumer transactions have emerged as a significant social problem that burdens borrowers and communities. In this course, we will cover in-depth several consumer credit transactions considered predatory, including subprime mortgage loans, payday loans, car title loans, and rapid tax-refund anticipation loans. We will also look at credit repair schemes, foreclosure rescue fraud, and other scams that purport to help consumers improve their financial well-being. In this course, we will examine the various actors involved in the consumer credit process and what their legal obligations are under existing state and federal regulations. We will look at federal, state and local government efforts to combat predatory practices. Students who are interested in banking law, consumer law, and community development should find the seminar interesting and relevant. The final grade is based on a student’s completion of a seminar paper and an oral presentation of that paper. This course satisfies the upper-level writing requirement.

SEMINAR PAPER AND CLASS PARTICIPATION

797 B - Business Change of Control Transactions

Professors: Dan Gardiner / George Bennett, Jr.
Credits: 2
Semester: 2008 Autumn
Second Writing? No
Seminar? No
Professional Responsibility? No

This course will be held September 24-December 3.

In this course, students will be exposed to the legal, financial and transactional issues involved in buying and selling both public and private companies, with an emphasis on practical considerations, financial analysis and actual business practice. Real life transactional scenarios will be utilized to develop problem solving skills with students taking roles as attorneys and investment bankers for various key parties to these transactions. An objective of the course is to develop an understanding of the issues facing both attorneys and investment bankers and the value of their collaborative representation of mutual clients.

The final exam will be take-home and submitted as a team of one to three students, with overall team performance having significant impact upon individual grades. The instructors believe that some exposure to corporate law and accounting will be helpful to students but not essential to understanding the subject matter. Enrollment is limited to 40 students.

This course will be co-taught by Donald B. Gardiner, formerly a partner at Squire, Sanders & Dempsey and Managing Director of the Bank One Capital Markets, Inc., and a 1965 graduate of Duke Law School; and by George H. Bennett, Jr., formerly Executive Vice President and General Counsel of Cardinal Health, Inc., currently in private practice, and a 1978 graduate of the Moritz College of Law.

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2008-09 Courses

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2008-09 Course Descriptions

502 B - Legal Writing and Analysis

502 E - Legal Writing and Analysis

502 G - Legal Writing and Analysis

502 H - Legal Writing and Analysis

502 I - Legal Writing and Analysis

502 L - Legal Writing and Analysis

502 L - Legal Writing LL.M.

502 M - Legal Writing and Analysis

502 O - Legal Writing and Analysis

502 P - Legal Writing and Analysis

502 Q - Legal Writing and Analysis

502 R - Legal Writing and Analysis

502 T - Legal Writing and Analysis

502 X - Legal Writing and Analysis

503 X - Contracts

503 X - Contracts

503 Y - Contracts

503 Y - Contracts

503 Z - Contracts

503 Z - Contracts

504 T - Torts

504 X - Torts

504 Z - Torts

505 X - Property

505 Y - Property

505 Z - Property

507 C - Civil Procedure

507 F - Civil Procedure

507 W - Civil Procedure

507 X - Civil Procedure

507 Y - Civil Procedure

510 X - Constitutional Law

510 Y - Constitutional Law

510 Z - Constitutional Law

511 H - Legal Research

511 J - Legal Research

511 K - Legal Research

511 L - Legal Research

511 P - Legal Research

511 Q - Legal Research

529 C - Legislation

529 X - Legislation

529 Y - Legislation

533 B - Criminal Law

533 D - Criminal Law

533 H - Criminal Law

533 S - Criminal Law

590 - Legal Methods

600 T - Appellate Advocacy I

600 X - Appellate Advocacy I

600 Y - Appellate Advocacy I

600 Z - Appellate Advocacy I

601 - Advanced Legal Writing

603 - Evidence

603 - Evidence

603 X - Evidence

603 Z - Evidence

605 V - Commercial Paper

606 X - Federal Income Taxation

606 X - Federal Income Taxation

607 01 C - Business Association

607 01 X - Business Association

607 01 Y - Business Association

609 - Sales

609 X - Sales

610 - Secured Transactions

610 - Secured Transactions

611 - Debtor & Creditor

613 - Employment Law

614 - Labor Law

619 - International Law

621 - Real Estate Finance

623 - Federal Antitrust Law