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2010-11 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: Monte Smith
Semester: 2010 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 Young
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law

Training in the preparation of legal documents.

602 - Advanced Legal Research

Professor: Katherine Hall
Semester: 2011 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
Semester: 2011 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
Semester: 2011 Winter
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: Robert Martin Krivoshey
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
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. Armed with rules under study, students acting “in role” as counsel will attempt to introduce various items into evidence, while peers struggle to keep the evidence out.

603 - Evidence

Professor: Ric Simmons
Semester: 2011 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: Deborah Jones Merritt
Semester: 2011 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 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: Christopher M. Fairman
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to enroll until a date to be announced later.

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: Arthur F. Greenbaum
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to enroll until a date to be announced later.

605 - Commercial Paper

Professor: Vincene Verdun
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam - Essay and/or Short Essay
Special Notes:

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: Allan J. Samansky
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to enroll until a date to be announced later.

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

606 - Federal Income Taxation

Professor: Edwin T. Hood
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
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
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to enroll until a date to be announced later.

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
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to enroll until a date to be announced later.

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
Semester: 2011 Winter
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: Larry T. Garvin
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

An exploration of domestic and international sale and lease transactions, including consideration of issues relating to scope, contract formation, risk of loss, warranties and other performance standards, excused performance, and remedies. The focus of study will be on Article 2 and 2A of the Uniform Commercial Code and, to a lesser extent, the United Nations Convention on Contracts for the International Sale of Goods.

610 - Secured Transactions

Professor: Vincent Cardi
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

610 - Secured Transactions

Professor: Creola Johnson
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

611 - Debtor and Creditor Law

Professor: Creola Johnson
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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: L. Camille Hébert
Semester: 2010 Autumn
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
Semester: 2010 Autumn
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
Semester: 2010 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
Semester: 2010 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.

620 - Jurisprudence

Professor: Steven F. Huefner
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

"This seminar explores a number of fundamental questions that underlie our entire legal system. How do we know what the law is? What are its proper sources and purposes? What is the relationship between law and justice? When, if ever, is it legitimate to disobey the law? The readings and discussions will examine various perspectives on law, including natural law, positivism, legal realism, feminist legal thought, and critical legal studies. We will also consider various theories of justice, including utilitarianism, social contract theory, and natural rights philosophy."

621 - Real Estate Finance

Professor: Michael Braunstein
Semester: 2010 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 A. Wilson
Semester: 2010 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 competitive markets, which the law presumes are the best means of enhancing consumer welfare. This course examines the statutory prohibitions upon cartel behavior and upon monopolization and attempts to monopolize, as well as the intersection of economics and the law with respect to how market power is identified and defined. The course also examines various 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, distribution restrictions, predatory pricing, refusals to deal, and mergers and acquisitions.

624 - Immigration Law

Professor: David S. Bloomfield
Semester: 2010 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: Steve Grant
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

625 - Copyright Law

Professor: TBA
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

626 - Trademark

Professor: Reid Wilson
Semester: 2010 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: Allan J. Samansky
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

NOT OPEN TO STUDENTS WITH MORE THAN SIX HOURS OF UNDERGRADUATE ACCOUNTING

We will study accounting principles, the role of accountants, and legal issues concerning financial information. The course is an invaluable, sophisticated introduction to accounting, which is the universal language of business. It assumes no background in accounting and business and will be helpful in the practice of law, as well as in mastering basic tax and business courses in law school. Students will learn to read financial reports, a vitally important skill for lawyers in almost any type of practice, and will become more sophisticated in their understanding of financial issues.

629 - Tax Ethics

Professor: Donald B. Tobin
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? Yes
Prerequisites: Federal Income Taxation

Tax practice is complex, and lawyers have historically been hired to not only facilitate transactions, but also to help individuals and businesses minimize their tax bills. As attorneys and accountants become increasingly aggressive, Congress, the Treasury and the ABA have grappled with how to use professional responsibility rules and norms to regulate tax professionals. While tax attorneys must comply with professional responsibility rules applicable to all attorneys, there are also special rules that apply only in the tax context.

This course examines the rules of professional responsibility applicable to all attorneys, and the rules promulgated by Treasury and Congress relating to tax professionals, to provide students with a strong understanding of the legal and ethical responsibilities of tax lawyers. This course is set up with problems and scenarios for students to work through either in groups or on their own. The purpose is for students to get a feel for the ethical problems they may face if they are in tax practice. They are designed to be possible real life conflicts. It is my hope that by working through those conflicts now, students will be better able to identify and work through similar problems when they are practicing tax law.

Grading will consist of several written class assignments from in class scenarios (40%), participation in the scenarios (10%) and a final exam (50%).

630 - U.S. Legal System and Legal Traditions

Professor: TBA
Semester: 2010 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
Semester: 2011 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

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 policy considerations.

636 - Disability Discrimination

Professor: Ruth Colker
Semester: 2010 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. Students interested in learning about the Law of Special Education should take Special Education Advocacy. In addition, students will learn how to conduct an accessibility audit. They will work with the OSU ADA Coordinator, Scott Lissner, to conduct an accessibility audit of an OSU building and seek to have their recommendations implemented.

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

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

639 - White Collar Crime

Professor: Doug Squires
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 533 Criminal Law
Means of Assessment: Exam

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

640 - Criminal Procedure: Investigations

Professor: Joshua Dressler
Semester: 2010 Autumn
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 these investigative efforts. Time permitting, eyewitness identification procedures and issues of police entrapment will be covered.

641 - Criminal Procedure: Adjudication

Professor: Alan C. Michaels
Semester: 2011 Winter
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.
Semester: 2011 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
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: International Law or International Dispute Resolution

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.

644 - Eminent Domain

Professor: Michael Braunstein
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This three-hour course will examine the regulation of property rights and the takings clause of the Fifth Amendment to the Constitution of the United States and comparable state constitutional and statutory provisions. This is an important and exciting topic. In recent years takings litigation has expanded significantly in the lower courts as well as in the Supreme Court. In the Supreme Court a new jurisprudence of property rights is developing. In particular, the issue of regulatory takings and Section 1983 remedies has been the subject of extensive litigation and commentary both in law reviews and the press. These developments have been accompanied by a popular view that government regulation of property rights has gone "too far." The results of this confluence of events have included revisions to the state and federal "common law" of eminent domain, enactment of State Private Property Protection Acts, proposals for similar federal legislation and amendment of the Uniform Eminent Domain Act. The course will examine this area of law from both a theoretical and practical perspective.

EXAM

644 - Eminent Domain

Professor: Michael Braunstein
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: EXAM

645 - Real Estate Development

Professor: Richard C. Daley
Semester: 2011 Winter
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.

652 - Banking Law

Professor: Elizabeth L. Anstaett
Semester: 2011 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.

656 - Wills, Trusts, Estates

Professor: Bruce S. Johnson
Semester: 2011 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: Edward M. Segelken
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam and Class Participation

658 - Advanced Constitutional Law

Professor: Edward B. Foley
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course will address the major fundamental issues concerning the role of the Constitution in our system of law and government, as well as the role of the Supreme Court as the primary institution responsible for interpreting and enforcing the provisions of the Constitution. We will examine the leading theories of constitutional interpretation, including various forms of originalism, constructivism, and "representation-reinforcing" proceduralism. Special emphasis will be placed on theories of stare decisis in the context of constitutional adjudication: when is it appropriate for the Supreme Court to consider itself bound by its own prior interpretations of the Constitution, even if the Court now believes the prior interpretation is incorrect? We will address the role of judicial nominations in the transformation of constitutional law and the possibility of constitutional amendments by means other than the procedure set forth in the Constitution itself (Article V). Our readings will be primarily law journal articles and excerpts from books, although occasionally we will refer to specific cases to illustrate the application of theoretical principles.

700.01 - Care of Patient/Client

Professor: Marya C. Kolman
Semester: 2011 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.

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

PAPER

700.03 - Ethical Issues

Professor: Stanley K. Laughlin Jr.
Semester: 2010 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.

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

701 - Negotiation and Mediation

Professor: James K.L. Lawrence
Semester: 2010 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
Semester: 2010 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.

Students who choose to write a seminar paper can receive seminar credit for this course.

Laptops will not generally be permitted in class. An exceptionis made for arbitration exercises in class.

703 - Legal Negotiation and Settlement

Professor: Joseph B. Stulberg
Semester: 2010 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: The Honorable Jennifer Sargus
Semester: 2011 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 Norah McCann King
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence

704 - Trial Practice

Professor: The Honorable Algenon L. Marbley
Semester: 2010 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
Semester: 2011 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: Frank A. Ray
Semester: 2010 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 Edmund A. Sargus Jr.
Semester: 2010 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

706 - Conflict of Laws

Professor: Sanford N. Caust-Ellenbogen
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

707 - The Employment Problem

Professor: James E. Davidson
Semester: 2011 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 judgment 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 prerequisites for this course,

This course will be taught by James Davidson who is the President of Schottenstein Zox & Dunn and Coordinator of the Employment Litigation Practice Area. His practice focuses on commercial and employment litigation and he has been lead counsel in over 60 jury trials across the country.

707.01 - The China Problem

Professor: Robert J. Miller
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Must be third year law student; Business Associations

This course centers on problem solving and the skills and professional judgment 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; the emphasis will be on the capstone experience described above. Business Associations is a prerequisite for this course.

This course will be taught by Robert Miller. Robert Miller is currently of counsel with Jones Day. He is the former corporate general counsel/global legal for Procter & Gamble where he oversaw Procter and Gamble’s international ventures, including its ventures in China. His law practice involves corporate law, mergers and acquisitions, intellectual property strategy, and international trade.

708 - Regulation of Security Distributions

Professor: Paul Rose
Semester: 2010 Autumn
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: Daniel P. Tokaji
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: EXAM

The federal courts have long served as a refuge for those seeking fair consideration of their grievances and vindication of their constitutional rights. Yet the scope of the federal courts' power to resolve disputes and to "say what the law is" remains the subject of fervent disagreement. This course will examine the scope of and limitations upon the federal judicial power. It will explore two issues of constitutional structure: (1) the courts' relationship to the other branches of the federal government ("separation of Powers"), and to the proper relationship between the federal and state governments ("federalism"). The Supreme Court's jurisprudence in these two areas have had a profound impact not only on the practice of law, but also on the development of our nation. Topics to be addressed include access to the federal courts, political questions, sovereign immunity, abstention, and civil rights lawsuits against state and federal officers.

711 - Health Law

Professor: Todd G. Guttman
Semester: 2011 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: The Honorable Jeffrey S. Sutton
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

715 - Taxation of Business Enterprises

Professor: Edwin T. Hood
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 606 Federal Income Taxation
Means of Assessment: EXAM AND CLASS PARTICIPATION

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

716 - International Tax

Professor: Stephanie Hoffer
Semester: 2011 Winter
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.

717 - International Business Arbitration

Professor: Ellen E. Deason
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

International arbitration is the primary method of resolving disputes that arise out of international business transactions. The course examines the international arbitration process and the legal framework of private contract, national law, and international treaties in which it operates. The course is relevant to lawyers with either a transactional or a litigation practice in an increasingly globalized world.

Through a negotiation and drafting exercise, students will explore the strategic choices involved in creating an arbitration agreement for an international business relationship. Other topics covered will include: problems in international litigation that motivate the use of arbitration; the authority of arbitration tribunals; duties and selection of arbitrators; international arbitration procedures and the influence of national litigation systems; and the confirmation, setting aside, and enforcement of arbitral awards by national courts.

718 - Small Business Finance

Professor: Larry T. Garvin
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: PREREQUISITE OR CO-REQUISITE: BA.

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

719 - Corporate Finance

Professor: Paul Rose
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Corporate Finance is designed to be an advanced course in capital formation and
financial transactions, typically following a course in Business Associations and following or taken
concurrently with Mergers & Acquisitions and Securities Regulation. The course will provide a detailed review of the economics and rights associated with standard securities issuances, such as the sale stocks, bonds, and will also cover more complex and exotic financial instruments, including options, futures, pass-through certificates, OTC derivatives, as well as the laws covering investment companies and retirement plans.
Text: Markham & Hazen

721 - Mergers and Acquisitions

Professor: Dale A. Oesterle
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

725 - Employee Benefits

Professor: L. Camille Hébert
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

728 - International Business Transactions

Professor: Daniel C.K. Chow
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: EXAM AND CLASS PARTICIPATION

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

729 - Administrative Law

Professor: Saul Zipkin
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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: Kenneth M. Murchison
Semester: 2011 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: Daniel P. Tokaji
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

736.01 - Legal Profession

Professor: Jonathan Coughlan
Semester: 2010 Autumn
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
Semester: 2011 Winter
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
Semester: 2011 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

737 - Patent Law

Professor: Miriam Bitton
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

738.01 - Criminal Defense Practicum

Professors: Robert Martin Krivoshey / Deborah Jones Merritt
Semester: 2010 Autumn
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: Joseph B. Stulberg / Elizabeth Ilgen Cooke
Semester: 2010 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

TEACHING METHOD: CLIENT REPRESENTATION AND SIMULATION OF PRE-TRIAL SKILLS AND 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, contracts, and employment law. The classroom component of the course provides training in basic file handling, pre-trial and 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: Elizabeth Ilgen Cooke / Gregory M. Travalio
Semester: 2011 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 PRE-TRIAL SKILLS AND TRIAL TECHNIQUES

738.03 - Criminal Prosecution Practicum

Professor: Ric Simmons
Semester: 2011 Winter
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
Semester: 2010 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.

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: Thayne Gray
Semester: 2011 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.

738.06 - Legislation Clinic

Professors: Douglas A. Berman / Terri L. Enns
Semester: 2010 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

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: Steven F. Huefner / Terri L. Enns
Semester: 2011 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

738.08 - Multiparty Mediation Program

Professor: Joseph B. Stulberg
Semester: 2011 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: Ellen E. Deason
Semester: 2010 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 seminar/practicum combines critical study of the legal, ethical, and policy issues surrounding mediation theory and practice with the opportunity for students to develop skills as a mediator. Each student will mediate disputes at the Franklin County Municipal Court for about 3 hours per week, for seven weeks, under the supervision of the staff attorney. Each student will write and present a substantial research paper. Students who have taken the Multi-Party Mediation Practicum may not take this course. Two scheduling requirements are mandatory for all enrolled students: (1) students must have at least one afternoon (excluding Friday) free each week for clinic
activity; and (2) students must be available for mediation training on Saturday August 28 and Sunday August 29.

739 - Pretrial Litigation

Professor: TBA
Semester: 2011 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 enrollement

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.

741 - Landlord Tenant

Professor:
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

744 - Employment Discrimination Law

Professor: Martha Chamallas
Semester: 2011 Winter
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.

Laptops will not be permitted in this class.

747 - Civil Rights

Professor: john a. powell
Semester: 2011 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.

750 - Foreign Relations Law

Professor: Stanley K. Laughlin Jr.
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law

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

752 - Election Law

Professor: Edward B. Foley
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 510 Constitutional Law
Means of Assessment: EXAM: TAKE-HOME

We cover four major areas: (1) legislative districting; (2) nominating candidates; (2) campaign practices, including campaign financing; and (4) the casting and counting of ballots. Taking these topics in this order permits us to follow the "life cycle" of a campaign, and we use real-world examples to illustrate issues. This year (2010 ) we will follow the competitive races for Congress as well as for governor and other statewide offices. We will examine the role that attorneys play in advising candidates, political parties, and others interested in the operation of the electoral process, and we will also consider the extent to which the current system needs reform (and, if so, what sorts of reforms might be advisable). The exam will be some form of take-home, the particulars to be determined during the semester.

755 - Law and Social Science

Professor: Tanya J. Poteet
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course introduces students to the use of social science evidence by legal practitioners and courts at all levels. Such evidence is used, for example, in cases involving issues of trademark infringement, obscenity, discrimination, identification of criminal offenders, potential jury prejudice, eyewitness reliability, sexual assault, self-defense, dangerousness, and the fashioning of remedies. Despite its now common use, scientific evidence poses fundamental issues and recurring challenges for the law. In this course, we will examine the methodology of social science research and various uses and challenges of using such research in the law.

The goal of this course is to provide a foundation for law students to become sophisticated consumers and critics of social science evidence, equipping them to recognize issues raised by the use of social science in the law, and providing a foundation in empirical analysis that complements doctrinal analysis in law.

757 - Special Education Advocacy

Professor: Ruth Colker
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Simulations and take-home exam.

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

This course will be taught in conjunction with professors in various allied health professions who specialize in assisting children with disabilities.

A primary emphasis of the class will be to teach students about the process under which students are identified as disabled and provided with Individualized Education Plans ("IEPs"). The class sessions will be highly practical with students engaging in many simulations.

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

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

759 - Introduction to Intellectual Property

Professor: Doug Rogers
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This class will provide a broad survey of the various federal and state means to provide legal protection for intellectual creations. The course will cover the basics in the three main fields providing federal protection in this area: copyright law (which protects creative and artistic expression); patent law (which protects innovative technologies and processes);and trademark law (which protects commercial names, symbols and images). Related state doctrines that will be briefly discussed include the law of trade secrets, unfair competition, and the right of publicity.

760 - Law of War

Professor: John B. Quigley
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

The Law of War course deals with two issues: (1) the lawfulness of the initiation of hostilities by nations, and (2) the lawfulness of the methods employed in the use of armed force. The first issue includes situations in which one nation initiates the use of armed force against another, and the role of self-defense as a justification. It also includes the role of the United Nations in implementing use of force in a collective fashion when there is a breach of the international peace. The second issue includes types of weaponry that are prohibited from use, and obligations towards civilians and to detained combatants. On both issues, the course covers relevant international rules as expressed in customary law and in treaties. It covers international institutions that apply the law of war.

771 - Lawyers and the Media

Professor: Mark R. Weaver
Semester: 2011 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.

772 - Dispute System Design

Professor: Nancy Hardin Rogers
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: One other Dispute Resolution class (can be taken concurrently)

This is a course to prepare you to design new forums for particular disputes and also to design, or modify, disputing systems for series of disputes. It will be like a legal clinic in the sense that you will have a client with a particular problem to solve. It will differ from most legal clinics in the sense that you will not represent the client or perform legal work for the client but instead will serve as a forum or systems designer. During the course, you will apply to practical problems what you have already learned about dispute resolution, search for new ideas for resolving challenging new disputes, and apply what designers have learned from past experience.

794 - Patent Prosecution

Professor: Richard M. Mescher
Semester: 2010 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 - Licensing

Professor: Nancy Kim
Semester: 2010 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

The course is designed to provide students with an understanding of the basic issues involving in licensing intellectual property. The course explores several basis for licensing intellectual property, examines the tension between intellectual property law and contract law, and explores the practical aspects of drafting licensing agreements. The class will review, revise and draft documents as part of the course curriculum. The course grade will be based on in-class assignments, class participation, and a final exam.

794 - Lawyers as Leaders

Professor: Garry W. Jenkins
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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.

796.03 - Seminar State Constitutional Law

Professor: The Honorable Jeffrey S. Sutton
Semester: 2011 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
Semester: 2010 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.

796.06 - Seminar Middle East Conflict

Professor: John B. Quigley
Semester: 2010 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 - Topics in Commercial and Business Law

Professor: Vincent Cardi
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This research seminar examines a variety of topics relating to commercial and business law. As in many research seminars, the student focus and effort will be on the student’s own research and writing project. Early classes will focus on selected issues of commercial and business law, and later classes will focus on the research of the students. The subject matter of the seminar is broad enough to allow for literally thousands of student research topics, and each student will choose a topic. Among those on the initial list of suggested topics are: enforceability of liquidated damage clauses in athletic coaching contracts; limits, constitutional, public policy, and others, on allowing parties to prescribe in the contract the jurisdiction, venue, applicable law, and form of resolution of problems arising out of that contract; and the discovery rule and statutes of limitations in contracts. Although the topics chosen by the students will often involve a national analysis of the issue area, some can focus on a particular state in which the student will be practicing. For example, it might be interesting to see a basic analysis of the law of homeowners’ associations in Ohio, part performance as satisfying statutes of frauds in Ohio, and the law of liquidated damage clauses in commercial contracts in Ohio.

The readings required for the class sessions will be minimal, as most of the student work will be devoted to producing their seminar paper. The class sessions will consist primarily of lectures, discussions with students on their work in progress. The final grade will be based on the research paper (90%) and participation in class discussion of other student research (10%).

796.10 - Financial Crisis

Professor: Peter P. Swire
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Examines the causes and responses to the recent financial crisis, with emphasis on financial regulatory reform and reform of the housing finance market.

796.14 - Anthropology and the Law

Professor: Stanley K. Laughlin Jr.
Semester: 2010 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.

796.19 - International Criminal Law

Professor: John B. Quigley
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

796.20 - Sexual Harassment Seminar

Professor: L. Camille Hébert
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: PAPER AND CLASS PARTICIPATION

We will address a variety of issues relating to sexual harassment in both the workplace and academic settings, including the causes and effects of sexual harassment, the legal standards for sexual harassment, the First Amendment implications of sexual harassment law, and the intersections between gender and race and gender and sexual orientation in harassment law.

796.20 - Gender & the Law

Professor: Martha Chamallas
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

Laptops will not be permitted in this class.

796.20 - Law, History and Philosophy Seminar

Professor: Howard P. Fink
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

The seminar concentrates on student research, leadership of discussions and writing a paper on topics involving law, history and philosophy. For example, we discuss the impact of law and philosophy and religion upon turning points in American history, such as the American Revolution, and the drafting of the Constitution and the Bill of Rights; the problem of slavery and the Civil War and its aftermath; “Jim Crow” and the civil rights movement; the Great Depression and the New Deal.

Students can also choose from such subjects as Marxism and conservative responses thereto, traditional schools of jurisprudence, theories of law and literature, theories of the nature of the state, and modern jurisprudential philosophies such as critical legal studies, critical race theory, sociological jurisprudence, and feminist legal theory. In recent years we have added topics of current interest, including the impact upon American law of perceived threats of terrorism, scientific issues such as climate change, the Internet, cloning and stem cell research and the prolongation of life and the crisis of finance we face. Students may also choose, in consultation with the professor, to do a related topic of particular personal interest.

During the term, students will write a seminar paper on the topic they have chosen. Classes will consist largely of student-led discussion, assisted by and added to by the professor.

796.20 - Business Bankruptcy

Professors: The Honorable John E. Hoffman Jr. / The Honorable Ransey Guy Cole Jr.
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? Yes
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.

796.20 - The Business of Law

Professor: Deborah Jones Merritt
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Dramatic changes have rocked the legal market in recent years. Outsourcing, global competition, contract lawyers, do-it-yourself websites, and telecommuting are just some of the forces affecting law practice. Clients are pushing lawyers to lower costs, organizations find it more difficult to train lawyers, and students have trouble finding jobs. Yet a vast number of potential clients still lack cost-effective legal assistance. What accounts for these problems? How will the legal profession address them?

It is crucial for lawyers and legal scholars to confront these questions because the legal profession claims an inherent right of self regulation; that right, expressed through the Rules of Professional Conduct, alters the impact of market forces and restricts legislative intervention. The legal profession itself, therefore, must understand and manage the changing market for legal services.

Students will read articles from law, business, psychology, sociology, and other fields to analyze shifts in the market for legal services. They will also share insights with practitioners invited to join several seminar discussions. During the second half of the semester, each student will research, write, and present a paper on an individually selected topic related to the market structure of the legal profession, challenges to that structure, and/or adaptations that organizations might pursue. The professor will offer feedback on a first draft of the paper; students will then revise these papers for their final seminar submission. Grading will depend upon seminar participation (15%) and the final paper (85%).

796.20 - Advanced Civil Rights

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

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.

796.20 - Evidence in TP

Professor: The Honorable Edmund A. Sargus Jr.
Semester: 2011 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 - Critical Race Theory

Professor: Vincene Verdun
Semester: 2010 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

CLASS PARTICIPATION AND ATTENDANCE
PRESENTATION
PAPER, EACH HAVING EQUAL WEIGHT

796.20 - Education Law Seminar

Professor: Charles E. Wilson
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
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.

796.20 - Firearms Regulation

Professor: E. Stewart Moritz
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Course will deal with the various ways in which Firearms are regulated in the United States. Students are responsible for a research paper on firearms regulation. The course will examine statutory and constitutional firearms regulation at the federal and state level as well as social science data used in regulating firearms. We will also explore lobby and interest group politics as well as some international regulation of firearms.

796.20 - Cyberlaw

Professor: Nancy Kim
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

The Internet changes everything. Or does it? Courts, legislatures, and regulators have all had to face this question in dealing with cyberspace. Determining how existing legal concepts should apply, if at all, to cyberspace is a problem that recurs in numerous areas of law. This course will explore this problem in several different areas, including, contracts, torts, criminal law, privacy law, the First Amendment, property and intellectual property. There are no formal prerequisites, and no technical background is required.

796.20 - Climate Change

Professor: Kenneth M. Murchison
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper

Climate Change and the Law. The seminar will examine how private remedies, state and local laws, federal law, and international law are being used to address global warming as well as some of the mitigation strategies that will have to be considered.

796.20 - Race, Class & Criminal Justice

Professor: Michelle Alexander
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: PAPER, PARTICIPATION

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

Laptops will not be permitted in this class.

796.20 - 14th Amendment Seminar

Professor: The Honorable Ransey Guy Cole Jr.
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Participation and Paper

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

796.20 - Climate Change

Professor: Kenneth M. Murchison
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Course description not available.

796.41 - Seminar Tax Policy

Professor: Donald B. Tobin
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: Federal Income Taxation

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
Semester: 2010 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
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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).

796.64 - International Intellectual Property Seminar

Professor: Miriam Bitton
Semester: 2011 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

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2010-11 Upper Level Course Descriptions

600 - Appellate Advocacy

600 - Appellate Advocacy

600 - Appellate Advocacy

600 - Appellate Advocacy

601 - Advanced Legal Writing

602 - Advanced Legal Research

602 - Business & Tax Legal Research

602 - Ohio Legal Research

603 - Evidence

603 - Evidence

603 - Evidence

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

620 - Jurisprudence

621 - Real Estate Finance

623 - Federal Antitrust Law

624 - Immigration Law

625 - Copyright Law

625 - Copyright Law

626 - Trademark

628 - Accounting for Lawyers

629 - Tax Ethics

630 - U.S. Legal System and Legal Traditions

634 - Children & the Law

635 - Family Law

636 - Disability Discrimination

639 - White Collar Crime

640 - Criminal Procedure: Investigations

641 - Criminal Procedure: Adjudication

642 - Law & Religion

643 - Human Rights

644 - Eminent Domain

644 - Eminent Domain

645 - Real Estate Development

652 - Banking Law

656 - Wills, Trusts, Estates

656 - Wills, Trusts, Estates

658 - Advanced Constitutional Law

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

704 - Trial Practice

706 - Conflict of Laws

707 - The Employment Problem

707.01 - The China Problem

708 - Regulation of Security Distributions

710 - Federal Courts

711 - Health Law

713 - Appellate Advocacy II/Moot Court