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2009-10 Upper Level Course Descriptions

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

600 - Appellate Advocacy

Professor: Mary Beth Beazley
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 502 Legal Writing & Analysis, 511 Legal Research

Procedural and substantive aspects of appellate practice; the student prepares a brief and presents an oral argument on the basis of assigned research materials.

600 - Appellate Advocacy

Procedural and substantive aspects of appellate practice; the student prepares a brief and presents an oral argument on the basis of assigned research materials.

600 - Appellate Advocacy

Procedural and substantive aspects of appellate practice; the student prepares a brief and presents an oral argument on the basis of assigned research materials.

600 - Appellate Advocacy

Procedural and substantive aspects of appellate practice; the student prepares a brief and presents an oral argument on the basis of assigned research materials.

601 - Advanced Legal Writing

Professor: Mary Beth Beazley
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
Means of Assessment: Papers and Class Participation
Special Notes: Limited Enrollment

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

602 - Ohio Legal Research

Professor: Matt Steinke
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This class will end a few weeks before the regular end of the semester.

Ohio Legal Research provides students with an introduction to Ohio legal materials and advanced training on the utilization of these materials for legal research purposes.

602 - Advanced Legal Research

Professor: Katherine Hall
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 511 Legal Research
Means of Assessment: Papers and Participation

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.

602 - Business & Tax Legal Research

Professor: Thomas Sneed
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Business and Tax Legal Research provides students with an introduction to business and tax related materials and advanced training on the finding and utilization of these materials for legal research purposes. Topics covered will include business forms, company filings and SEC research, foreign and international business research, and primary and secondary sources for tax issues.

602 - Ohio Legal Research

Professor: Matt Steinke
Credits: 1
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Ohio Legal Research provides students with an introduction to Ohio legal materials and advanced training on the utilization of these materials for legal research purposes.

603 - Evidence

Professor: Ric Simmons
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

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.

603 - Evidence

Professor: Robert Martin Krivoshey
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

603 - Evidence

Professor: Robert L. Solomon II
Credits: 4
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam- Open Book; Combination Standard Essay, Objective

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

603 - Evidence

Professor: Deborah Jones Merritt
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

This course surveys the Federal Rules of Evidence. Concepts include

relevance, character evidence, witness impeachment, hearsay, expert

testimony, and privileges. The course uses the Merritt and Simmons

"uncasebook" on evidence, rather than the case method. Class sessions

allow students to explore evidence through problems, simulations, and

other interactive exercises.

604 - Civil Procedure II

Professor: Monte Smith
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This is the same course as 604. Second-Year Priority Course.

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.

604 - Civil Procedure II

Professor: Christopher M. Fairman
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

604 - Civil Procedure II

Professor: Arthur F. Greenbaum
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

605 - Commercial Paper

Professor: Vincene Verdun
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam - Essay and/or Short Essay
Special Notes: 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.

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.

606 - Federal Income Taxation

Professor: Myron C. Grauer
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam - Open Code and Regs Only
Special Notes: Second-Year Priority Course

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.

606 - Federal Income Taxation

Professor: Donald B. Tobin
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam - Open Book
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to enroll until a date to be announced later.

607.01 - Business Associations

Professor: Dale A. Oesterle
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

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.

607.01 - Business Associations

Professor: Paul Rose
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

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.

607.01 - Business Associations

Professor: Vincene Verdun
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, Class Participation, and Discussion
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to register for this course until a date to be announced later.

There are no special prerequisites for this course. Feel free to enroll even if you do not think you are particularly acclimated to business. It may grow on you. The class will start with a look at alternative forms of organization; the sole proprietorship, joint ventures, limited liability companies, and partnerships. This will be followed by a brief treatment of agency and employment relationships. The remainder and bulk of the course will focus upon the law of corporations. Some topics include: The Corporate Management Hierarchy; Corporate Social Responsibility; the Fiduciary Obligations of Corporate Executives; Federal Regulation of Insider Trading in Securities.

609 - Sales

Professor: Scott J. Burnham
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

610 - Secured Transactions

Professor: Scott J. Burnham
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Creation and perfection of security interests in goods and intangibles under the Uniform Commercial Code; priorities and remedies. Not open to students with credit for 612.

610 - Secured Transactions

Professor: Larry T. Garvin
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

This course deals with credit transactions in which the collateral is personal property. It focuses on Article 9 of the Uniform Commercial Code, but considers other parts of the U.C.C. as well pertinent parts of such statutes as the Bankruptcy Code and the Internal Revenue Code. We deal first with how credit works outside the secured transaction as a way to understand the role secured credit has in business and personal finance. Then, using prototype transactions and documents, we go through the methods of creating and perfecting security interests, determining their priority against other claims on the debtor’s assets, and realizing on the security interests should the debtor default. The course emphasizes reading and using the statute in both litigation and planning contexts, primarily using problems.

611 - Debtor and Creditor Law

Professor: The Honorable Ransey Guy Cole Jr.
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

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.

613 - Employment Law

Professor: James J. Brudney
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

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.

614 - Labor Law

Professor: Charles E. Wilson
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

618 - Insurance Law

Professor: Elizabeth L. Anstaett
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Final Exam

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.

619 - International Law

Professor: John B. Quigley
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam - Part Essay, Part Objective

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.

621 - Real Estate Finance

Professor: Michael Braunstein
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

623 - Federal Antitrust Law

Professor: James E. Meeks
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

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.

624 - Immigration Law

Professor: David S. Bloomfield
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

625 - Copyright Law

Professor: Edward Lee
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

626 - Trademark

Professor: Reid Wilson
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Creation, enforcement, and limitation of trademark rights; and related unfair competition issues.

628 - Accounting for Lawyers

Professor: Steven Martin
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Not open to students with more than six (6) 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.

630 - U.S. Legal System and Legal Traditions

Professor: Ellen E. Deason
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Open to LL.M. students only.

Overview of American law and the U.S. legal profession, introduction to U.S. common law and statutory law.

634 - Children & the Law

Professor: Katherine Hunt Federle
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, Simulation, Class Participation, and Attendance

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.

635 - Family Law

Professor: Marc Spindelman
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-Home Exam

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: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Accessibility study and a 48-hour self-directed take-home exam.

This four credit course primarily covers the Americans with Disabilities Act (ADA). Students will learn about Title I (employment discrimination), Title II (public entity discrimination) and Title III (public accommodation discrimination) under the ADA. Brief attention will also be given to constitutional issues, special education issues and housing discrimination issues.

In addition, students will learn how to conduct an accessibility audit. For 2009, the students will work with various judges at the Municipal Court to make recommendations for how to make the Municipal Court House more accessible. This is a very unusual opportunity and will give students the chance to make meaningful contributions to the administration of justice.

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.

640 - Criminal Procedure: Investigations

Professor: Sharon L. Davies
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

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.

641 - Criminal Procedure: Adjudication

Professor: Alan C. Michaels
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

642 - Law & Religion

Professor: Stanley K. Laughlin Jr.
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course will examine First Amendment issues raised by both the Free Exercise and the Establishment Clause. In addition, it will explore other intersections of law and religion, including the effect of religion on law and of law on religion. The approach will be interdisciplinary, and there will be guest lectures by anthropologists and theologians, among others.

643 - Human Rights

Professor: John B. Quigley
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: International Law or International Dispute Resolution
Means of Assessment: Exam - Part Essay, Part Objective

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.

645 - Real Estate Development

Professor: Richard C. Daley
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

648 - Redeveloping Urban Areas: Legal Challenges and Opportunities

Professor:
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Zoning, subdivision controls, and an introduction to municipal planning; topics vary, may include eminent domain, state and regional planning, government development, and private land use controls.

652 - Banking Law

Professor: Elizabeth L. Anstaett
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

655 - Foster Care

This seminar explores the legal underpinnings, judicial procedures, and factual realities of the child welfare system in the United States. The course will help students to understand the forces that shape the lives of at-risk children who are removed from their homes. Using legal, economic, and socioscientific tools of analysis, the course examines the history of the child welfare system, its current crises, and efforts by both legislatures and independent organizations to reform it.

656 - Wills, Trusts, Estates

Professor: Edward M. Segelken
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

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.

656 - Wills, Trusts, Estates

Professor: Allan J. Samansky
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This section of Wills, Trusts, Estates includes a component on ESTATE TAX.

This course will combine the standard Wills and Trusts course with an introduction to the basics of gift and estate taxation. We will cover the requirements for executing and revoking wills, interpretation of wills, intestate succession, will substitutes (such as revocable trusts and transfer-on-death accounts), spousal protection, and the creation and use of trusts. The gift and estate tax component will comprise approximately one quarter of the course. All attorneys should have some knowledge of the basics of transmission of property upon death and the law of trusts.

There are no prerequisites. It is, however, recommended that students have taken or be taking concurrently Law 606, Federal Income Taxation.

697 - Study at a Foreign Institution

Professor: L. Camille Hébert
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Please see the Oxford Study Abroad information.

697 - Study at a Foreign Institution

Professor: L. Camille Hébert
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Please see the Oxford Study Abroad information.

697 - Study at a Foreign Institution

Professor: L. Camille Hébert
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Please see the Oxford Study Abroad information.

697 - Study at a Foreign Institution

Professor: L. Camille Hébert
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Please see the Oxford Study Abroad information.

697 - Oxford Comparative Labor and Employment

Professor: James J. Brudney
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: Class is part of the Moritz College of Law's Summer Oxford program. Students should contact Prof. Dan Tokaji for more information.

This course compares approaches to workplace law issues that have been adopted in the United States and Britain respective to three substantive areas: gender discrimination, labor-management relations, and job termination. Looking at these three areas, the class will develop some thoughts about different options for regulating the workplace in a global economy. The course will be taught by Professor James Brudney of The Ohio State University Moritz College of Law. Professor Brudney served for six years as Chief Counsel and Staff Director of the Senate Subcommittee on Labor.

697 - Oxford Comparative Constitutional Law

Professor: Daniel P. Tokaji
Credits: 2
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course considers a series of topics arising from comparative study of the constitutional systems of the United States, United Kingdom, and other democracies. It addresses both problems of constitutional design and judicial enforcement. Particular attention will be given to the role of the courts in protecting minority rights and in ensuring a fair democratic process. The course will be taught by Associate Professor Daniel Tokaji of The Ohio State University Moritz College of Law who is also Associate Director of Election Law @ Moritz.

697 - Oxford European Union Law

Professor: Christopher J. Whelan
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course introduces the institutional and constitutional framework of the European law in its political, economic, and international context. It also examines the economic objectives of the European Union, the role of law in achieving those objectives, and the feasibility of law-based market integration. The course will be taught by Professor Christopher Whelan who is currently Associate Director, International Law Programs at the University of Oxford.

697 - Oxford Comparative Sentencing

Professor: Keith Hawkins
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course explores some of the major issues surrounding the administration of criminal justice in England and the United States. The course focuses on generic questions, and deals with broad principles and general problems in an effort to get students thinking about how law works as a means of social control. It takes a socio-legal view, focusing on the key institutions of the criminal justice system in both countries. The course will be taught by Professor Keith Hawkins who is currently Professor of Law and Society at the University of Oxford.

697 - Oxford Comparative Legal Professions

Professor: Christopher J. Whelan
Credits: 1
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course examines the legal professions in England and the United States. It examines the ways in which services are delivered to clients in the two countries, and will challenge commonly held assumptions about lawyers and the legal profession. Reference also will be made to the comparative ethical requirements imposed upon lawyers in the United States and England. The course will be taught by Professor Christopher Whelan who has taught legal profession courses in both Great Britain and the United States. This course may satisfy state bar or law school requirements in professional responsibility. Students are advised, however, to check their local requirements.

697 - Study at a Foreign Institution

Professor: Monte Smith
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This class is for students who have arranged a study abroad experience for credit. Students should contact Dean Monte Smith for review and approval of their particular program.

700.01 - Care of Patient/Client

Professor: Marya C. Kolman
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This course meets on the University's Winter Quarter Schedule. Room to be announced.

Treatment of the whole person through the analysis of the interrelated problems of actual patients/clients.

700.03 - Ethical Issues

Professor: Stanley K. Laughlin Jr.
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This course will meet on the University's QUARTER schedule. Room to be announced.

Ethical issues of concern to the professions and arising out of advanced technology: euthanasia, mind control, malpractice, and social responsibility of the professions.

701 - Negotiation and Mediation

Professor: James K.L. Lawrence
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Final introspective, self-evaluative journal (67%) and class participation during the interactive exercises and their debriefing (33%)

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.

702 - Issues in Arbitration

Professor: Sarah Rudolph Cole
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Participation, Take-Home Exam, and Short Written Assignments

This course is an introduction to the law and practice of arbitration. Arbitration is a binding method of dispute resolution. Parties typically agree to arbitrate disputes before they know what disputes are likely to arise between them. Arbitration has historically been used primarily in labor-management disputes and commercial disputes. More recently and quite controversially, arbitration has been used to resolve statutory claims, such as employment discrimination, antitrust and RICO claims. As the use of arbitration increases, so does the controversy. This course will examine the legal and policy issues surrounding arbitration. In addition, this course will introduce students to the practice of arbitration. Students will revise an existing arbitration agreement and conduct arbitration hearings as both an advocate and arbitrator.

703 - Legal Negotiation and Settlement

Professor: Joseph B. Stulberg
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 736.01 Legal Profession or professional responsibility recommended
Means of Assessment: Paper and Simulated Negotiations

Study of the theory, law, and practice of transactional and settlement negotiations. Selected topics include: relationship of bargaining concepts to democratic theory; adversarial versus problem-solving negotiating frameworks; distributive versus integrative negotiating issues; comparison of bargaining dynamics and advocate strategies deployed in 2-party negotiations and multi-party negotiations; representing clients in a facilitated negotiation; and ethical dilemmas for negotiators. Class structure blends large class meetings with small section format; small sections are led by adjunct professors with experience in dispute resolution. Participation in the negotiation competition (Fall). Targeted simulations will occur during the scheduled class time.

704 - Trial Practice

Professor: Sandra J. Anderson
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority

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.

704 - Trial Practice

Professor: The Honorable Algenon L. Marbley
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority

704 - Trial Practice

Professor: Robert Martin Krivoshey
Credits: 4
Semester: 2009 Summer
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority

704 - Trial Practice

Professor: The Honorable Edmund A. Sargus Jr.
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority

704 - Trial Practice

Professor: The Honorable Algenon L. Marbley
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority

704 - Trial Practice

Professor: Frank A. Ray
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority

704 - Trial Practice

Professor: The Honorable Norah McCann King
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence

707 - Jury Selections

Professor: Robert Martin Krivoshey
Credits: 1
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Daily Class Performance and One-Hour Exam

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.

707 - Depositions

Professor: The Honorable Terence P. Kemp
Credits: 1
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: In-Class Quizzes, Written Exercise, and Class Participation
Special Notes: This class will meet from 6:30-9:00 p.m. on May 18, 19, 20, 21, 26, 27 and 28.

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.

707 - The Employment Problem

Professor: Kelly Bott Smith
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: must be third year law student

This course centers on problem solving and the skills and professional judgement required in litigation work. This course will explore issues that confront lawyers throughout the litigation process. Students will address problems frequently associated with initial business intake, client expectations, and litigation strategy using a hypothetical suit alleging the theft of trade secrets. The simulation will require students to experience practice problems including fee arrangements, litigation costs, ethical issues, and client relations. There are no course prerequisites for this course.

707.01 - The China Problem

This course centers on problem solving and the skills and professional judgement required in transactional work. The course will emphasize application of practice skills such as critical thinking, negotiations, and writing for a senior partner and for a client. The background problem, entails advising a client on the risks and opportunities of forming a business or a joint venture in China. The professor will provide students with background on both U.S. and Chinese law necessary to address the issues raised in this course. Business Associations is a prerequisite for this course.

708 - Regulation of Security Distributions

Professor: Paul Rose
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation
Special Notes: Any Business Association course or waiver 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.

710 - Federal Courts

Professor: Sanford N. Caust-Ellenbogen
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Mary Beth Beazley
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

713 - Appellate Advocacy II/Moot Court

Professor: Anne Malloy Doyle
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

715 - Taxation of Business Enterprises

Professor: Allan J. Samansky
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 606 Federal Income Taxation
Means of Assessment: Exam and Class Participation

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).

716 - International Tax

Professor: Stephanie Hoffer
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 606 Federal Income Taxation
Means of Assessment: Exam and Class Participation

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 planning and policy making.

Federal Income Tax 606 is a pre-requisite for this course.

721 - Mergers & Acquisitions

Professor: Dale A. Oesterle
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

722 - Dispute Resolution: Theory and Practice

Professor: Ellen E. Deason
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, Negotiation Exercise, and Class Participation

This dispute resolution course familiarizes students with the theory and practice of negotiation, mediation, arbitration, mini-trials, and other settlement processes, and with the law that governs them. Students develop skills in these processes through simulation exercises, demonstrations, discussions, and videotapes. The course is distinct from other dispute resolution course offerings in that it emphasizes lawyers’ roles in representing clients: as a counselor – helping clients decide on appropriate approaches to resolving disputes and planning for them in structuring business relationships – and as an advocate – representing clients in dispute resolution processes. This course is especially appropriate for students who seek an introduction to dispute resolution processes and for those interested in developing skills central to representing clients.

726 - Advanced Issues in ADR

Professor: Nancy Hardin Rogers
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 3L and one course in dispute resolution, unless instructor waives
Means of Assessment: In-Class Work, Working Assisting Clients, and Writing
Special Notes: This is a three-credit progress graded course. The course meets for 2 hours fall, then for one independent hour during the spring.

In this course, you will learn about dispute system design and apply what you have learned to consult with government and non-profit entities that seek to design or revise dispute resolution systems. The course resembles a clinic in the sense that the work will depend on the needs of these clients but differs because we will not provide legal representation. Students will have in-class assignments as well as memos and other work products for these entities seeking our assistance. (See an example of a past class project done to assist the Supreme Court of Ohio Dispute Resolution Program). Past classes or individual students within a class designed a curriculum in cross-cultural negotiation for Air Force officers, proposed a model mediation program for Ohio administrative agencies, helped to design and drafted a proposal to fund a mediation program for a Common Pleas Court, and wrote a manual on mediation of issues related to children and families for Ohio courts.

The course will meet the Advanced Studies requirement for the Dispute Resolution Certificate and the second writing requirement; it does not meet the seminar requirement unless special arrangements are made with the instructor to structure the work differently. The course is open to 3Ls who have taken at least one dispute resolution course and others by instructor permission. The course is scheduled over the year to accommodate the need to help a client over a longer period, although no class sessions are scheduled for spring semester. If there are special needs to earn all 3 credit hours during fall semester, please contact the instructor for permission to do so.

LIMIT: 18 students

729 - Administrative Law

Professor: Peter M. Shane
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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 - Environmental Law

Professor: Annecoos Wiersema
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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 - Political and Civil Rights: The First Amendment

Professor: David A. Goldberger
Credits: 0
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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.

735 - I/S: A Journal of Law and Policy Studies

Professor: Peter M. Shane
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Criminal Law Journal

Professors: Joshua Dressler / Douglas A. Berman
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Journal on Dispute Resolution

Professors: Sarah Rudolph Cole / Ellen E. Deason
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Ohio State Law Journal

Professors: Stanley K. Laughlin Jr. / Garry W. Jenkins
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Entrepreneurial Business Law Journal

Professor: Dale A. Oesterle
Credits:
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Journal on Dispute Resolution

Professors: Sarah Rudolph Cole / Ellen E. Deason
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Entrepreneurial Business Law Journal

Professor: Dale A. Oesterle
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Ohio State Law Journal

Professors: Stanley K. Laughlin Jr. / Garry W. Jenkins
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - Criminal Law Journal

Professors: Joshua Dressler / Douglas A. Berman
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

735 - I/S: A Journal of Law and Policy Studies

Professor: Peter M. Shane
Credits:
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

736.01 - Legal Profession

Professor: Jonathan Coughlan
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: Exam and Class Attendance
Special Notes: Extra minutes are built into the schedule in case the professor -- an active attorney -- has to cancel classes for court appearances.

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.

Satisfies Legal Profession/Substance Abuse Requirement

736.01 - Legal Profession

Professor: Jonathan Coughlan
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: Exam and Class Attendance

Satisfies Legal Profession/Substance Abuse Requirement

736.02 - Legal Profession

Professor: Arthur F. Greenbaum
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: Exam

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 the application of the ABA Model Rules of Professional Conduct, the Ohio Rules of Professional Conduct where they differ, and the Restatement (Third) of the Law Governing Lawyers.

Satisfies Legal Profession/Substance Abuse Requirement

736.02 - DC Ethics

Professor: Peter P. Swire
Credits: 2
Semester: 2009 Summer
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: Exam

The Ethics of Washington Lawyering
This course was offered the last four summers and has been rated highly by students. It will focus on the special ethical issues that confront lawyers in Washington, D.C. The course will cover the black-letter law of the usual professional responsibility course, such as confidentiality and conflicts of interest, and students are thus prepared for the MPRE examination. The emphasis, however, will be on topics that arise often in Washington, such as "confidentiality and the role of leaks", "conflicts of interest in political coalitions", and "who is the client for a lawyer in a government agency?"

A special feature of the course is the inclusion of guest speakers who are expert in the ways of Washington. Last summers, guest speakers included: Lanny Davis, former counsel to President Clinton, speaking on "the role of the press in Washington lawyering"; Bruce Mehlman, a former senior Bush Administration official, who discussed "the ethics of lobbying"; and Jodie Bernstein, who among her other public service was the first woman to serve as General Counsel to a federal agency. The class also featured an expert on substance abuse, mental illness, and a lawyer's ethical duties. A similar roster of guest speakers will be included in the course in 2008.

There will be a graded examination in the last week of the program.

737 - Patent Law

Professor: Craig A. Nard
Credits: 0
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

This course, designed for students schooled in all disciplines, including the humanities, will endeavor to introduce the student to the law and policy of the United States patent system. We begin with a discussion of the origins and theoretical underpinnings of the patent system followed by a look at the composition of an issued patent and the procedural mechanism for obtaining patent rights. We proceed with a detailed examination of the substantive requirements of patentability, including the disclosure requirements, novelty, nonobviousness, utility, and subject matter. Thereafter, we explore the issues associated with enforcing a patent, including the scope of a patent owner’s rights, and the common defenses to a patent infringement suit. We close with a discussion of remedies available to the patent owner; and, if time permits, we will cover the basics of trade secret law.

738.01 - Criminal Defense Practicum

Professors: Robert Martin Krivoshey / Deborah Jones Merritt
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; 603 Evidence
Means of Assessment: Class Participation
Special Notes: Limited Enrollment

This clinic operates as a small law office specializing in criminal defense work. Under faculty supervision, each student represents several defendants charged with misdemeanors in the Franklin County Municipal Court. Students develop the fact gathering skills, practical knowledge, problem solving abilities, negotiation tactics, and ethical sensitivity necessary to advocate effectively for criminal defendants. In addition to preparing students for criminal defense work, the course introduces all students (regardless of career goals) to the effective management and resolution of legal conflicts.

738.02 - Civil Law Practicum

Professors: Gregory M. Travalio / Elizabeth Ilgen Cooke
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; 603 Evidence
Means of Assessment: Performance in Court, on Simulations, and In-Class Assignments
Special Notes: Limited Enrollment

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.

738.02 - Civil Law Practicum

Professors: Joseph B. Stulberg / Elizabeth Ilgen Cooke
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; 603 Evidence
Means of Assessment: Performance in Court, on Simulations, and In-Class Assignments
Special Notes: Limited Enrollment

738.03 - Criminal Prosecution Practicum

Professors: Ric Simmons / Robert Martin Krivoshey
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; 603 Evidence
Special Notes: Limited Enrollment

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.

738.04 - Justice for Children Practicum

Professor: Angela Marie Lloyd
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate
Special Notes: Students enrolling in the Justice for Children Practicum will be expected to attend one Friday class session.

This course examines the substantive and procedural rights of children in a variety of legal contexts. Third-year law students, certified as legal interns by the Ohio Supreme Court, each represent at least one juvenile client under faculty supervision in a juvenile delinquency case. Students will also represent other juvenile clients in the context of abuse, neglect or dependency proceedings, appeals of terminations of parental rights, and/or affirmative applications for legal immigration status. Special attention is given to the constitutional, jurisprudential, and statutory foundations of children’s rights and to the practical value of such rights in improving the lives of children.

Students are responsible for all aspects of a client representation, including client meetings, pre-trial hearings, motions hearings, trial and any appellate work. Classroom time is utilized to hone lawyering skills within a substantive context while developing an approach to the thoughtful and ethical practice of law. This course is required for students who seek the certificate in Children Studies.

738.04 - Justice for Children Practicum

Professor: Angela Marie Lloyd
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate
Special Notes: Students enrolling in the Justice for Children Practicum will be expected to attend one Friday class session.

738.06 - Legislation Clinic

Professors: Steven F. Huefner / Terri L. Enns
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Field Work Assignments including Written Product, and Overall Diligence
Special Notes: Limited Enrollment

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.

738.06 - Legislation Clinic

Professors: Douglas A. Berman / Terri L. Enns
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Field Work Assignments including Written Product, and Overall Diligence
Special Notes: Limited Enrollment

738.08 - Multiparty Mediation Program

Professor: Joseph B. Stulberg
Credits: 4
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper and Class Participation
Special Notes: Limited Enrollment

This course examines the legal, ethical, and policy issues that arise when using the mediation process to resolve multi-party controversies. Students work with the professor and staff attorney as neutral interveners in the development of party engagement protocols, problem definition, and mediated negotiations for multi-party disputes. In addition to the applied work, each student must write an analytical paper that examines an important policy issue or critiques a significant work of scholarship in the field and submit several smaller writing projects. Students who have taken the Mediation Practicum/Seminar may not take this course. Students who take this course MUST have at least one afternoon and one evening free (excluding Friday) for clinic activity and must participate in the mandatory training program on Saturday, January 16, 2010 and Sunday, January 17, 2010 from 9:00 a.m. – 5:00 p.m.

738.09 - Mediation Practicum

Professor: Nancy Hardin Rogers
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Special Notes: Limited Enrollment; Students must be available to attend the two-day mediation training on Saturday, August 29 and Sunday, August 30

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 the Multiparty Mediation Practicum may not take this course. Students must be available to attend the two-day mediation training on Saturday, August 29 and Sunday, August 30.

The assigned text has the IBSN number: 978-0-7355-6403-9. It is Goldberg, Sander, Rogers & Cole, Dispute Resolution: Negotiation, Mediation and Other Processes – Fifth Edition (2007).

739 - Pretrial Litigation

Professor: John J. Chester
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
Means of Assessment: Grade based on quality of case file which is composed of the accumulated assignments
Special Notes: Limited Enrollment

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.

743 - Remedies

Professor: Larry T. Garvin
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

Most people who consult a lawyer do so because they're worried about remedies -- either the remedies due them or the remedies they will have to provide. In spite of that, many substantive courses leave aside or skimp on remedies. In this course, we redress the imbalance, showing additionally how remedies can bring different areas of law together, from the traditional private law subjects to intellectual property, constitutional law, and civil rights. We will discuss such remedies as compensatory damages (including expectation, reliance, pain and suffering, emotional distress, presumed damages for defamation, incidental damages, consequential damages, liquidated damages, and related concepts), punitive damages in tort and elsewhere, specific performance, structural injunctions, preliminary injunctions, contempt, restitution, declaratory judgments, and the limits on remedies (e.g. mitigation, foreseeability, causation, laches, unclean hands). We will use a combination of cases, problems, and textual material to explore these individually and in combination. Grading will be primarily through a final exam.

744 - Employment Discrimination Law

Professor: L. Camille Hébert
Credits: 4
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

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.

747 - Civil Rights

Professor: john a. powell
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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.

747L - Civil Rights

Professor: john a. powell
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper, Participation

In the United States, race is the major mode of social differentiation in society, cutting across class, gender, age, religious, cultural, and other differences. It is a socio-cultural construct rather than a biological one, a cosmological ordering system structured out of political, economic, and social systems. As such, issues of racialization have been central in the development of citizenship and civil rights in the United States

From this country’s inception to the present, the definition of citizenship and the content of that status has had explicit and implicit racial contours and connotations. These racial frameworks informed the reconstitution of citizenship through the civil war amendments, Reconstruction, redemption, Jim Crow, the New Deal and beyond. Throughout the development of these racially constructed frameworks of citizenship, the Supreme Court and the law have had an important role in structuring of rights of citizenship and the institutions in the country. Chief among the Court’s influence has been in interpreting the Civil War Amendments. In cases such as Slaughterhouse and Plessy, much of the reach of the Civil War Amendments was limited and its purposes misdirected. As noted by Justice Hugo Black, the Fourteenth Amendment was used more to protect corporations than Black Americans.

More recently the Courts and the country have struggled over the meaning of Brown and continued the debate about the meaning of the Civil War Amendments. Today, in a context of radically expansive multi-national corporate entities, shifting demographics and a growing wealth divide, the Court has produced a new formalism on issues of anti-subordination that rejects racial classification strategies intended to remedy group-based harms. The emerging struggle of civil rights will likely be fought along this axis and will take place in an increasingly diverse country not defined by a racial binaries, where racialized harms are not contained to specific racial groups.

At the same time, and critical to Supreme Court jurisprudence as featured in the Seattle/Louisville cases as well as Brown are important developments in the social and “hard” sciences that offer new insights into the role of institutional arrangements and motivation. An important body of research from neuro-psychology and cognitive social psychology calls into question traditional notions of “intentional” discrimination. This research coupled with growing complexities of institutional interactions and arrangements provide a new model and framework for understanding the production of racial inequality in the 21^st Century. These issue will become increasingly important as the debate about post racialism and new forms are racialism is contested.

This course will survey this evolving case history with a focus on the emerging debate or the new formalism focused on anti-classification and an alternative approach that focuses on that structural racialization and implicit bias. It will also look at the assumption of knowledge and causation drawing on system thinking and contrasting it with a more conventional approach.

752 - Election Law

Professor: Daniel P. Tokaji
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 510 Constitutional Law
Means of Assessment: Paper or Take-Home Exam

The Supreme Court has long declared that the right to vote is fundamental, because it is preservative of all other rights. Yet for most of this country's history, the voting rights of many Americans have been denied or diluted. This course will examine the right to vote, in theory and practice, focusing especially on its relationship to racial and economic justice. It will consider what has been done - and what can still be done - to move us closer to the ideal of political equality, as well as the proper role of courts with respect to democracy. The subjects covered will include the history of the right to vote, the "one person, one vote" principle, minority vote dilution, partisan gerrymandering, voting technology, voter identification, voter registration, and the rights of third-party and independent candidates. Students will have the option of writing a paper or taking a take-home final examination.

753 - Education Law

Professor: Charles E. Wilson
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

755 - Law and Social Science

Professor: Tanya J. Poteet
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

756 - Presidential Power

Professor: Peter M. Shane
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course examines the law as it shapes the interactions of the President with both Congress and the judiciary. We will study the law surrounding the allocation of authority to the various branches of the national government, the so-called "separation of powers," and the system of checks and balances that results. A dominant theme will be the question whether, as a matter of law or good government practice, the President should be deemed to possess policymaking powers that are largely immune to direct regulation by the other branches, or whether the Constitution does and should permit courts and Congress substantial leeway in regulating the exercise of executive power. We will also consider the ethical roles of executive branch lawyers in providing legal counsel to the President and advancing legal positions on behalf of the United States. Specific case studies will focus on presidential impeachment, executive privilege, presidential appointments to executive and judicial office, presidential oversight of regulatory policy making, the President's foreign policy and national security powers, and war powers. We will also consider Bush v. Gore and its potential impact on interbranch relations. Although there is no formal prerequisite, it will be beneficial to students to have taken Administrative Law.

758 - Sports Law

Professor: Ray L. Yasser
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This class will contain a drafting component and will satisfy the second writing requirements

Provides basic knowledge of relevant substantive law as well as appreciation of effect of applying general legal principles to a popular, scrutinized and mythologized subject.

761 - International Dispute Resolution

Professor: Amy J. Cohen
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

762 - International Trade

Professor: Daniel C.K. Chow
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course deals with the public international law framework and institutions that regulate trade and economic relations between nations. We will focus on the World Trade Organization and the implementation of its obligations into U.S. domestic law as well as other major international trade organizations such as NAFTA and the European Union. Among other topics, we will examine unfair trade practices, such as dumping and the use of subsidies, and the remedies used by nations to address these practices such as the imposition of anti-dumping and countervailing duties. This course deals with the public international and administrative law side of international trade whereas the course on International Business Transactions deals with the private law and transactional side of international trade.

763 - International Intellectual Property

Professor: Daniel C.K. Chow
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

This course will examine issues related to the international protection of intellectual property. The course will survey various agreements and treaties for copyright, patent and/or trademark, focusing on the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) of the World Trade Organization (WTO). 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 property around the world.

The course will examine both (i) the international obligations WTO countries face in protecting intellectual property and (i) how businesses and individuals go about attempting to secure intellectual property rights in foreign markets. There are no prerequisites for this course.

764 - Commercial Leasing

Professor: Richard C. Daley
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

766 - Nonprofit Organizations

Professor: Garry W. Jenkins
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

This course will examine the major aspects of governance and tax law issues affecting the nonprofit sector. The emphasis will be on the lawyer’s role in forming, securing recognition of tax exemption for, and counseling nonprofit entities, such as charitable organizations, foundations, museums, hospitals, universities, and advocacy groups. A broad range of basic legal rules, principles, and policy questions will be addressed including: powers and duties of officers and directors; dissolution; compensation; corporate transactions; restrictions on political activities; regulatory excise taxes; and other matters. As many lawyers will encounter nonprofit corporations during the course of their practice, students will benefit from understanding this important and diverse sector of the American economy. This course will be of particular value to those students who aspire to be involved with nonprofit organizations as directors, trustees, legal counsel, employees, or volunteers. Since the operations of nonprofit organizations raise issues that cut across a variety of legal fields, we will cover relevant aspects of corporate law, tax law, constitutional law, and trust law. There are no prerequisites; however, prior completion of or concurrent enrollment in either Business Associations or Federal Income Tax is suggested.

771 - Lawyers and the Media

Professor: Mark R. Weaver
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper and Class Participation

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.

793 - DC Externship

Professor: Peter P. Swire
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course will accompany the substantial work that students in the program will do at their externship. Each student will present a draft 12-15 page paper to the rest of the class on a topic growing out of your externship.

After the presentation, students will submit the final draft of their paper, and receive three units of credit. The Externship Class is open to all students who are doing their externship without significant pay - students being paid cannot receive credit for this class.

793 - Independent Study 1 Credit

Professor: Monte Smith
Credits: 1
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

By special arrangement with the dean's office, special problems or projects may be taken for credit under the supervision of members of the faculty. The credit granted varies in proportion to the magnitude of the project. In general, assignment of special problems will be limited to instances of exceptional student specialization, scheduling difficulties, and curricular irregularity.

793 - Judicial Extern - 2 Credits

Professor: Monte Smith
Credits: 2
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

793 - Capital Law Class 1 Credit

Professor: Laura Dean
Credits: 1
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

793 - Judicial Externship - 3 Credits

Professor: Monte Smith
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

793 - Independent Study 2 Credit

Professor: Monte Smith
Credits: 2
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

793 - Independent Study 3 Credit

Professor: Monte Smith
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

793 - Capital Law Class 2 Credit

Professor: Laura Dean
Credits: 2
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

793 - Capital Law Class 3 Credit

Professor: Laura Dean
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

794 - Business Bankruptcy

Professor: The Honorable Ransey Guy Cole Jr.
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course will focus on the business bankruptcy process, principally Chapter 11 reorganizations. Topics addressed include the basics of federal bankruptcy law, including the automatic stay, the avoidance of fraudulent conveyances and preferences, treatment of executory contracts, operation of a company during bankruptcy, and the creation and confirmation of a plan of reorganization. The class will be organized around a case study of a company undergoing a Chapter 11 reorganization. Students will draft documents as if they were practitioners involved in the reorganization. Analysis will focus on both the overarching goals of Chapter 11 as well as the impact of current economic conditions on business reorganizations. No prior experience with bankruptcy is required.

794 - Patent Prosecution

Professor: Richard M. Mescher
Credits: 3
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

794 - Appellate Advocacy III

Professor: The Honorable Jeffrey S. Sutton
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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 - Lawyers as Leaders

Professor: Garry W. Jenkins
Credits: 3
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: Limited Enrollment

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 judgment, 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.

794 - Appellate Advocacy III

Professor: The Honorable Jeffrey S. Sutton
Credits: 1
Semester: 2009 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This class is required for all members of a Moot Court Team. The Registrar's office will enroll you in this class. You do not need to add it yourself.

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 - 2nd Amendment Seminar

Professor: Douglas A. Berman
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Midterm Paper, Final Paper, Class Participation

The Second Amendment Seminar will explore judicial and scholarly discussions and assessments of the Second Amendment before and after the landmark 2008 ruling by the Supreme Court in District of Columbia v. Heller. Students will be expected to complete a short mid-term paper and a final research paper as part of the course requirements, and class participation will also be considered heavily in grading the course.

794 - Copyright in the 21st Century Seminar

Professor: Edward Lee
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This seminar will examine some of the major controversies and issues in copyright law, including (i) updating the Copyright Act for the digital world, (ii) the growth of user-generated content and remix culture, (iii) the role of intermediaries such as YouTube and Google, as in the Google Book Search settlement, (iv) how music file-sharing should be handled, and (v) whether fair use needs to be changed or clarified in some way so that the public can know in advance what constitutes a fair use.

Requirement: to enroll in this seminar, students must be currently enrolled in the basic copyright course or have already taken the copyright course. Students who do not meet this requirement can enroll if permission is received from the professor.

795 - Intro to International Joint Ventures

Professors: Gail Block Harris / Garry W. Jenkins
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Prior completion of Business Associations is required.

Taught by Prof. Gail Block Harris, Simpson Thacher & Bartlett LLP

This course provides an introduction to the issues associated with international joint ventures. Drawing primarily on case studies involving entertainment companies, topics include, among others, governance issues, choice of law, investment protection, antitrust and competition considerations, dealing with foreign counsel and exit strategies. The course also includes some discussion of the negotiation process and the types of documentation which might be involved. Prior completion of Business Associations is required.

795 - Fiduciary Responsibility

Professors: The Honorable William B. Chandler III / Garry W. Jenkins
Credits: 1
Semester: 2010 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Business Associations is a prerequisite

Taught by Prof. Bill Chandler, Chancellor of the Delaware Court of Chancery

This course will consider a variety of issues in corporate law, especially those that relate to boards of directors. Examples of potential issues are the requirement of a demand by a stockholder before instituting derivative litigation; transactional litigation; the business judgment rule; the director's fiduciary duties of care, loyalty, and disclosure; and indemnification and statutory exculpation issues. Business Associations is a prerequisite.

796.03 - Seminar State Constitutional Law

Professor: The Honorable Jeffrey S. Sutton
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper

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.

796.03 - Seminar Supreme Court Litigation

Professor: The Honorable Jeffrey S. Sutton
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper

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.

796.04 - Seminar Law in Africa

Professor: John B. Quigley
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Participants will be asked to write a research paper on a topic relating to issues of their own choosing relating to law in Africa. Papers may focus on a particular issue (e.g., family law) in Africa generally, on a particular issue relating to a single country, or on the legal system generally of a particular country. Papers may focus on indigenous legal systems or on state legal systems. In recent years there has been considerable international activity in Africa, relating to such issues as human rights violations, disease prevention, government finance, resolution of military conflicts. Papers may focus on these issues with international dimensions. Participants will be asked to make an oral presentation of their research.

796.06 - Seminar Middle East Conflict

Professor: John B. Quigley
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Seminar participants will be asked to write a single research paper on a topic relating to the Israeli-Palestinian territorial conflict, or to related issues, and to make an oral presentation on that topic at a meeting of the seminar. Topics may be oriented to modes of resolving the conflict, to particular manifestations of the conflict, or to the history of development of the conflict. Papers may, instead of focusing entirely on the conflict, analyze legal issues raised by the conflict but without primary focus on this conflict, for example, focusing on international institutions that play a role in seeking resolution of such conflicts, or on modes of resolution of such conflicts.

796.10 - Seminar Capital Market

Professor: Steven M. Davidoff
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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.

796.10 - Contracts Drafting

Professor: Scott J. Burnham
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: This class is NOT a seminar.

Goals and Objectives: The purpose of the course is to build on the student’s knowledge of contract law by exemplifying the principles of contract law in a transactional context, to illustrate those principles in a planning context rather than a litigation context, and to develop the skills of a lawyer, particularly skills of analyzing and writing. The ethical dimensions of drafting will also be explored.

Required Books:

Burnham, The Contract Drafting Guidebook
Mellinkoff, Legal Writing: Sense and Nonsense
Optional: Dick, Legal Drafting (on reserve)

Assessment components:

Class attendance, preparation, and presentations (10%)
Plain Language exercise (25%)
Zero base drafting exercise (25%)
Expert System (40%)

796.11 - Seminar Supreme Court

Professor: Gregory A. Caldeira
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This seminar will focus on the Supreme Court as an institution and emphasize the ways in which its formal and informal norms and structures shape the nature and content of the law the Court makes. Topics will include the development of the Court as an institution--changes in jurisdiction, structure, and function--from 1790 to the present; nominations and appointments to the Court; the Court's "agenda control," i.e., jurisdiction and procedures for determining cases it will decide on the merits; the internal deliberative processes of the Conference in coming to and preparing its opinions; the role of law clerks in and advocates before the Court; relationships between and among the Court and the coordinate branches; control by the Court of the lower federal courts; and the legitimacy of the Supreme Court. Readings will include articles and chapters from law reviews and journals in the social sciences in the humanities. Cases currently on the Supreme Court's docket will serve as examples. Readings (tentative): articles on JSTOR and HEIN ONLINE and in Gillman and Clayton (eds.) Supreme Court Decision-Making (Chicago: University of Chicago Press, 1999), and Epstein and Knight, The Choices Justices Make (Washington: CQ Press, 1998).

Requirement: one "cert pool" memorandum; one bench memorandum.

796.14 - Anthropology and the Law

Professor: Stanley K. Laughlin Jr.
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Special Notes: This class meets on the University's QUARTER SCHEDULE.

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.

796.15 - Seminar Ethics & Alternative Dispute Resolution

Professor: Christopher M. Fairman
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? Yes
Prerequisites: None

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

796.17 - Seminar History of American Law and Society Since the Civil War

Professor: David Stebenne
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Short (2-3 page) Seminar Paper Prospectus, and a 20-page Seminar Paper
Special Notes: This course is cross-listed in History

An examination of the history of the U. S. Supreme Court from the late 1930’s through the late 1960’s. Major topics explored in depth include New-Deal-era jurisprudence, major rulings on labor law, civil liberties during World War II and the Cold War, racial desegregation, church-state relations, reapportionment, the moderately conservative jurisprudence of the Eisenhower period, and the reasons why moderately liberal and conservative approaches to constitutional interpretation fell out of favor during the middle and later 1960’s.

REQUIREMENTS: Class participation, a short (2-3 page) seminar paper prospectus; and a twenty-page seminar paper that surveys and critiques the legal-historical literature on some topic raised by the assigned readings and class discussions.

796.18 - Seminar Health Ethics

Professor: Marc Spindelman
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Research Paper (on an agreed-upon topic in Bioethics) and Class Participation

In this seminar, we will consider a range of issues in bioethics, some familiar and traditional, others less so. Topics may thus include: abortion; euthanasia; surrogate motherhood; cloning; cosmetic surgery; gender reassignment surgery; artificial reproduction for, and by, lesbian couples; sexuality-conversion therapy; medical participation in the administration of the death penalty; use of the homeless in pharmaceutical research; and “organ tourism” (First Worlders’ procurement of organs for transplantation from Third World “donors,” and physicians’ involvement in the trade). Throughout, we will critically evaluate the standard approaches to bioethics in an attempt to ascertain their moral sensitivity to the principles of justice they are said to avow. After initial discussions on assigned topics, students will lead the conversation by presenting the provisional results of their seminar paper research.

796.19 - Criminal Law Defenses

Professor: Joshua Dressler
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper and Class Participation

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.

796.20 - Seminar Evidence in Trial Practice

Professor: The Honorable Edmund A. Sargus Jr.
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This seminar, offered by distinguished federal judges Edmund Sargus 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 - Seminar Public Utilities

Professor: Samuel H. Porter
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper and Class Participation

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.

796.20 - Law, History and Philosophy Seminar

Professor: Howard P. Fink
Credits: 0
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This seminar is an attempt to familiarize themselves with the intellectual movements and philosophies which have affected the growth of what we consider to be American political philosophy and American ideals. What philosophers and writings shaped those who created the American Revolution? What events, debates and judicial decisions brought on the American Civil War? What forces shaped the New Deal? What shaped the rise of the modern industrial state and the Viet Nam War? What about reactions to liberal economic and political philosophy today? What role does law play in literature and how does literary criticism apply to legal analysis? We begin with consideration of our heritage from the Greeks and the Romans. We consider the Bible, the American civil religion, law and literature, critical movements such as feminism, the civil rights movement, and critical race theory; we consider schools of jurisprudence such as natural law, legal positivism, legal realism, and sociological jurisprudence and critical legal studies. Each student leads a part of a class on his or her topic and prepares a paper within the broad confines of that topic. Iconoclastic thinking welcome.

796.20 - Critical Race Narrative

Professor: Vincene Verdun
Credits: 3
Semester: 2009 Summer
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Special Notes: This seminar meets on the University's Summer Quarter Calendar.

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.”

796.21 - Seminar Sexual Violence and the Law

Professor: Marc Spindelman
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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.

796.41 - Seminar Tax Policy

Professors: Stephanie Hoffer / Donald B. Tobin
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: Federal Income Taxation
Means of Assessment: Participation and Short Papers

This course draws upon philosophy, economic theory, and political science to explore fundamental questions about the distribution of wealth in society. Using these constructs, the class will compare existing and proposed systems of taxation from both the United States and abroad, and it will highlight the tension inherent in the underlying goals and the effects of these systems. We promise that you will never think of tax in the same way again. The class will be graded on the basis of participation and a series of short papers. A basic understanding of federal income tax is helpful but not required.

796.55 - Consumer Credit

Professor: Creola Johnson
Credits: 2
Semester: 2009 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: 605, 609, or 610
Means of Assessment: Seminar Paper and Class Participation

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.

796.58 - Disputed Elections

Professor: Edward B. Foley
Credits: 2
Semester: 2010 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Seminar on Disputed Elections (Foley)

Bush v. Gore. Coleman v. Franken (the 2008 disputed U.S. Senate election in Minnesota). John Jay versus George Clinton (the first such dispute, in 1792, involving our Founding Fathers, including Alexander Hamilton and Aaron Burr playing the role of legal counsel to the candidates, much as James Baker and David Boies for Bush and Gore in 2000). The presidential election of 1876 involving Hayes and Tilden. Etc., etc.

This semester will consider the major disputed elections throughout U.S. history and what we can learn for the benefit of the future from each of these interesting episodes.

The text for this seminar will be the manuscript of a book on disputed elections that Moritz professors Foley and Huefner are writing. Each student will write a paper on an additional significant disputed election, which may form the basis for a chapter in the published book (or perhaps a subsequent edition or volume).

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2009-10 Upper Level Course Descriptions

600 - Appellate Advocacy

600 - Appellate Advocacy

600 - Appellate Advocacy

600 - Appellate Advocacy

601 - Advanced Legal Writing

602 - Ohio Legal Research

602 - Advanced Legal Research

602 - Business & Tax Legal Research

602 - Ohio Legal Research

603 - Evidence

603 - Evidence

603 - Evidence

603 - Evidence

604 - Civil Procedure II

604 - Civil Procedure II

604 - Civil Procedure II

605 - Commercial Paper

606 - Federal Income Taxation

606 - Federal Income Taxation

607.01 - Business Associations

607.01 - Business Associations

607.01 - Business Associations

609 - Sales

610 - Secured Transactions

610 - Secured Transactions

611 - Debtor and Creditor Law

613 - Employment Law

614 - Labor Law

618 - Insurance Law

619 - International Law

621 - Real Estate Finance

623 - Federal Antitrust Law

624 - Immigration Law

625 - Copyright Law

626 - Trademark

628 - Accounting for Lawyers

630 - U.S. Legal System and Legal Traditions

634 - Children & the Law

635 - Family Law

636 - Disability Discrimination

640 - Criminal Procedure: Investigations

641 - Criminal Procedure: Adjudication

642 - Law & Religion

643 - Human Rights

645 - Real Estate Development

648 - Redeveloping Urban Areas: Legal Challenges and Opportunities

652 - Banking Law

655 - Foster Care

656 - Wills, Trusts, Estates

656 - Wills, Trusts, Estates

697 - Study at a Foreign Institution

697 - Study at a Foreign Institution

697 - Study at a Foreign Institution

697 - Study at a Foreign Institution

697 - Oxford Comparative Labor and Employment

697 - Oxford Comparative Constitutional Law

697 - Oxford European Union Law

697 - Oxford Comparative Sentencing

697 - Oxford Comparative Legal Professions

697 - Study at a Foreign Institution

700.01 - Care of Patient/Client

700.03 - Ethical Issues

701 - Negotiation and Mediation

702 - Issues in Arbitration

703 - Legal Negotiation and Settlement

704 - Trial Practice

704 - Trial Practice

704 - Trial Practice

704 - Trial Practice

704 - Trial Practice