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2011-12 Upper Level Course Descriptions

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

600 - Appellate Advocacy

Professor: Mary Beth Beazley
Semester: 2011 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.

601 - Advanced Legal Writing

Professor: Mary Beth Beazley
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
Means of Assessment: Class Participation and Written Projects

Students write a revise a variety of legal documents and complete a short project and presentation.

602 - Advanced Legal Research

Professor: Katherine Hall
Semester: 2011 Autumn
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: 2012 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 - Litigation and ADR Research

Professor: Stephanie Ziegler
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Litigation and ADR Research provides students with an introduction to litigation- and ADR-related materials and advanced training on the finding and utilization of these materials. Topics covered will include form books, court rules and jury instructions, arbitrator and mediator research, trial technique research, interdisciplinary resources, and other topics useful in litigation and ADR settings.

There is no assigned textbook. Required and optional readings may include reserve materials and internet publications. Grades will be based on classroom participation, several in-class assignments, and a final project.

602 - International Legal Research

Professor: Matt Cooper
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

A practical, hands-on course which surveys print and electronic information sources available in foreign and international law. This course focuses on developing efficient and cost effective research strategies, effectively searching Lexis, Westlaw and the Internet, and evaluating foreign and international legal resources. There is no required textbook. Readings will be assigned from freely available online sources and/or library reserve material.

603 - Evidence

Professor: Robert Martin Krivoshey
Semester: 2012 Winter
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: 2012 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: Ric Simmons
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course

This course surveys the Federal Rules of Evidence. Concepts include relevance, character evidence, witness impeachment, hearsay, expert testimony, and privileges. The course uses the Merritt and Simmons "uncasebook" on evidence, rather than the case method. Class sessions allow students to explore evidence through problems, simulations, and other interactive exercises.

604 - Civil Procedure II

Professor: Christopher M. Fairman
Semester: 2012 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.

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 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.

605 - Commercial Paper

Professor: Vincene Verdun
Semester: 2011 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: Donald B. Tobin
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: In-class open book
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: Rick Wood
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Gross income; deductions; credits; attribution; timing; sales and other dispositions of property; characterization of income and deductions.

607.01 - Business Associations

Professor: Vincene Verdun
Semester: 2012 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.

607.01 - Business Associations

Professor: Steven M. Davidoff
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: Second-Year Priority Course. Rising 3Ls are NOT permitted to register for this course until a date to be announced later.

Business Associations. Not open to students with credit for 607.02.

607.01 - Business Associations

Professor: Paul Rose
Semester: 2011 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.

609 - Sales

Professor: Larry T. Garvin
Semester: 2011 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: Creola Johnson
Semester: 2011 Autumn
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.

611 - Debtor and Creditor Law

Professor: Creola Johnson
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: In-class exam
Special Notes: no prerequisite necesary to take the course

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. The FINAL EXAM is usually an in-class 3-hour test. Your final grade is usually based on your in-calss participation and final exam score. NO PREREQUISITE is required to take this course.

613 - Employment Law

Professor: L. Camille Hébert
Semester: 2011 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: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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

618 - Insurance Law

Professor: Elizabeth L. Anstaett
Semester: 2011 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. These issues will be discussed in the context of liability, property and personal insurance.The grade is determined by the final exam. There are no papers or memoranda.

619 - International Law

Professor: John B. Quigley
Semester: 2011 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: Joseph B. Stulberg
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

Examination of fundamental questions structuring our legal system, including: how do we know what the law is? What are the proper sources and purposes of law? What is the relationship between law and justice? What is the source of one's duty to obey the law? The readings and discussions examine multiple perspectives of legal theory, including natural law, legal positivism, legal realism, feminist legal thought and critical legal studies as well as more fundamental ethical and moral theories including social contract theory and utilitarianism.

621 - Real Estate Finance

Professor: Robert Weiler
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Introductory study of 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: 2011 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: 2011 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: Guy A. Rub
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course will provide an in-depth view of U.S. copyright law, the legal regime governing rights in original works of authorship (books, music, movies, artworks, photographs, software, etc). Topics covered include: copyright's underlying policies and theoretical framework, the requirements for copyrightability under the Copyright Act, the bundle of rights that make up copyright, fair use and other exceptions and limitations to copyrights, contributory and vicarious liability, and the Digital Millennium Copyright Act.

626 - Trademark

Professor: Reid Wilson
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

627 - American Legal History

Professor: David Stebenne
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course explores the history of American law from 1607 to the present. Among the most important topics examined in depth are: the reception of English common law in the original thirteen colonies; constitutionalism and the American revolution; the Federalist era; the law’s role during the antebellum period in promoting industrialization and slavery; the political and constitutional crisis of the Civil War period; Reconstruction and the creation of a new constitutional system; conflict between legislatures and the judiciary over the creation of the modern regulatory state; legal protections for dissenters during wartime and semi-wartime; efforts to achieve equality in law for blacks and women; the Sixties’ “revolution” in criminal law and procedure, legislative reapportionment, church-state relations and the new privacy; renewed interest in a more market oriented legal system, federalism, and originalism in constitutional interpretation.

630 - U.S. Legal System and Legal Traditions

Professor: Peter P. Swire
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Open to LL.M. students only.
Means of Assessment: Midterm, Exam

This course is intended for students in the L.L.M. program whose first degree was not in the United States. The course provides an introduction to the American case method, with particular focus on the evolution of common law tort doctrines concerning products liability. The course also studies areas of U.S. law that are most distinctive, especially constitutional law.

633 - Sentencing

Professor: Douglas A. Berman
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-Home Exam and/or Final Paper

634 - Children & the Law

Professor: Katherine Hunt Federle
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, Simulation, Class Participation, and Attendance
Special Notes: This course is required for students who seek the Certificate in Children Studies.

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

635 - Family Law

Professor: Marc Spindelman
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

638 - Adoption Law

Professor: Katherine Hunt Federle
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class participation, out-of-class exercises and simulations, exam
Special Notes: This course satisfies part of the requirement for the Certificate in Children Studies.

This seminar explores the public and private law issues that arise during the adoption process. We will explore the substantive legal issues surrounding the adoption process, including issues related to voluntary relinquishment of parental rights, involuntary termination of parental rights, cultural and religious issues surrounding adoption, legal and statutory requirements for a valid adoption, federal regulations, and the different types of adoption.

639 - White Collar Crime

Professor: Doug Squires
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 533 Criminal Law
Means of Assessment: Exam

White-collar crimes are non-violent, often complex criminal offenses involving lying, cheating and stealing. This course focuses on the investigation, prosecution and defense of white-collar crimes. Sophisticated criminal offenses often use power, influence or trust for the purpose of illegal gain or advantage. Offenses covered in this class include; fraud, corruption, money laundering, tax, obstruction of justice and other crimes commonly litigated in federal courts. Students will be exposed to the latest laws and legal techniques unique to white-collar crime. Cutting-edge issues specific to white-collar crime concerning criminal law and evidence are discussed. The prerequisite is 533 Criminal Law. Grading is by exam

640 - Criminal Procedure: Investigations

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

641 - Criminal Procedure: Adjudication

Professor: Alan C. Michaels
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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

642 - Law & Religion

Professor: David A. Goldberger
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

This course will examine the relation of government and religion in light of the Free Exercise and Establishment Clauses of the United States Constitution. It will explore Supreme Court and lower court cases, as well as applicable statutes, constitutional policies, and judicial philosophies that have given rise to these cases. The course will be presented in a fashion that encourages an understanding of all perspectives that have emerged in the course of America's increasing heated debate over the proper role of government with respect to religious belief and exercise. The grade will be determined by an examination given at the end of the course.

645 - Real Estate Development

Professor: Richard C. Daley
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

652 - Banking Law

Professor: Elizabeth L. Anstaett
Semester: 2012 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 the implications of the Dodd Frank Act, lending discrimination, and the convergence of banking with the securities, insurance, and other financial services industries. The course will examine “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: Edward M. Segelken
Semester: 2011 Autumn
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.

656 - Wills, Trusts, Estates

Professor: Gerry W. Beyer
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

659 - Commercial Law

Professor: Douglas J. Whaley
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This six hour course will cover the entire Uniform Commercial Code and related statutes, and give students a comprehensive appreciation of how the many areas covered fit together. Before I retired in 2004 from the Moritz faculty this course was usually offered over two semesters, but on two occasions was taught in one. Going to class for six hours a week is brutal on the students (and even the teacher), but an immersion experience like this also has its benefits. The law of commerce comes into immediate focus in an organized fashion, and having just devoured it months before taking a bar exam (where it is heavily tested in most states, including Ohio) is a great help to third-year students. More importantly, in a troubled economy where finding a job is difficult, a law student who thoroughly knows commercial law has an advantage in securing a position with firms, many of whom practice in this field. Immodestly, I might add that my name is well known in Ohio and even elsewhere, and many former students of mine can tell you that this course was very useful in finding employment. That said, let me repeat the word "brutal"?preparation each week for six hours of class (taught in two hour increments) is not to be undertaken lightly. In this course there is a lot of material to cover, and I am well known for covering it all. On the bright side, I have a good time interacting with my students in the classroom, and I'm pleased that a good many of them went from being fearful of commercial law to making it the main focus of their practice. Knowledge is power after all, and I can promise students signing up for this course access to such knowledge.

700.01 - Care of Patient/Client

Professor: Marya C. Kolman
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

700.03 - Ethical Issues

Professor: Stanley K. Laughlin Jr.
Semester: 2011 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. 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

702 - Issues in Arbitration

Professor: Sarah Rudolph Cole
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

703 - Legal Negotiation and Settlement

Professor: Joseph B. Stulberg
Semester: 2011 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 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
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 Edmund A. Sargus Jr.
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence
Special Notes: Limited Enrollment; Third-Year Priority

704 - Trial Practice

Professor: The Honorable Algenon L. Marbley
Semester: 2011 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: 2012 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: Sandra J. Anderson
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: 603 Evidence

707 - The Employment Problem

Professor: James E. Davidson
Semester: 2012 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 Hospital Problem

Professor: Kimberly Shumate
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Alliance State Hospital System is seeking to acquire a private practice network (Alliance Private Practice Network—APPN) of physicians to bring them onto their hospital staff. Physicians are currently affiliated with the Hospital but the majority of their compensation comes through the private practice. The proposed combination of APPN with the Hospital system requires consideration and negotiation of a number of elements: physician compensation, public records and accountability, regulation (STARK law), inclusion of academic experience in provision of clinical services and the impact on patients, and tort liability/immunity. The parties are now exploring the deal in earnest as the time seems to be right for the proposed combination to take shape.

APPN is an umbrella network composed of four private physician practices: orthopedic doctors, anesthesiologists, family practice and gynecology and obstetrics. There is also an executive group that leads the umbrella organization that is responsible for managing the affairs of the combined practice groups. APPN is a non-union organization but the Alliance State Hospital System is heavily unionized and each of the areas of practice will contain unionized staff from nurses to administrative clerks and assistants.

There will be four segments to the course: advice to the corporations on the business deal of a combination; advice to the hospital and the private practice regarding unionization and labor issues; executive employment agreements for the practice plan leaders who will transition to the Hospital and a final analysis of any issues not previously addressed as well as an assessment of the key strategies, techniques and qualities required for an attorney to ethically and successfully advise a client.

This course will be taught by Kimberly Shumate, Associate General Counsel for The Ohio State University. It will meet on seven Thursdays during winter semester from 6 – 7:50 P.M

707.01 - The China Problem

Professor: Robert J. Miller
Semester: 2011 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.

707.02 - Jury Instructions

Professors: Hon. Gregory L. Frost / Shawn Judge
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

708 - Regulation of Security Distributions

Professor: Paul Rose
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: 3-hour essay exam
Special Notes: Any Business Association course or waiver by professor

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

710 - Federal Courts

Professor: Sanford N. Caust-Ellenbogen
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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

711 - Health Law

Professor: Todd G. Guttman
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

Selected issues in healthcare and clinical research; professional relationships in healthcare, medical malpractice, ethical issues, the structure and regulation of the health care industry, and the regulation of clinical research.

713 - Appellate Advocacy II/Moot Court

Professors: The Honorable Jeffrey S. Sutton / Monte Smith
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course meets autumn and winter semesters. One credit awarded during autumn for entire academic year.

715 - Taxation of Business Enterprises

Professor: Stephanie Hoffer
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 606 Federal Income Taxation
Means of Assessment: Exam & 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: 2012 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.

719 - Corporate Finance

Corporate Finance is designed to be an advanced course in capital formation and financial transactions, following a course in Business Associations and (optimally, but not necessarily) 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 of stock and bonds, and will also cover more complex and exotic financial instruments, including options, futures, pass-through certificates, and OTC derivatives.

721 - Mergers and Acquisitions

Professor: Dale A. Oesterle
Semester: 2012 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.

722 - Dispute Resolution: Theory and Practice

Professor: Ellen E. Deason
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take Home Exam, Negotiation Exercise, and Class Participation

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

722 - Dispute Resolution: Theory and Practice

Professor: Nancy Hardin Rogers
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, Negotiation Exercise, and Class Participation

724 - Comparative Dispute Resolution

This course will examine methods of dispute resolution used in other countries and compare them to those employed in the United States. We will explore how differences in culture, religion, history, and legal institutions affect the way people resolve conflicts with readings, video, and simulation exercises. Readings will include materials on cultural differences in conflict resolution and case studies on practices and developments in other countries and regions. By studying other approaches to dispute resolution, students will discover a fresh perspective on its practice and role in the United States and on the challenges of cross-border applications of dispute resolution.

728 - International Business Transactions

Professor: Daniel C.K. Chow
Semester: 2011 Autumn
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: 2011 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: Cinnamon Carlarne
Semester: 2012 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: Kenneth M. Murchison
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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

736.01 - Legal Profession

Professor: Jonathan Coughlan
Semester: 2011 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 Ohio Rules of Professional Conduct, th Ohio Code of Judicial Conduct, and procedures governing attorney discipline in Ohio. It covers important differences in jurisdictions other than Ohio. This will be accomplished by studying hypotheticals, case law, the Rules and 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: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: Exam and Class Attendance
Special Notes: Extra minutes are built into the schedule in case the professor -- an active attorney -- has to cancel classes for court appearances.

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

Satisfies Legal Profession/Substance Abuse Requirement

736.02 - Legal Profession

Professor: Arthur F. Greenbaum
Semester: 2012 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: Douglas Cole
Semester: 2012 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: Deborah Jones Merritt / Robert Martin Krivoshey
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; 603 Evidence
Means of Assessment: Class Participation and Client Representation
Special Notes: Limited Enrollment, Evidence is a Prerequisite

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: 2011 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: 2012 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

Professors: Ric Simmons / Robert Martin Krivoshey
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; 603 Evidence
Special Notes: Limited Enrollment

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

738.04 - Justice for Children Practicum

Professor: Kimberly Jordan
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate

Study of the intricacies of the juvenile intake process, difficulties of dealing with a total family situation involving child neglect or juvenile delinquency, and substantive legal problems of the juvenile area.

738.04 - Justice for Children Practicum

Professor: Kimberly Jordan
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate

738.06 - Legislation Clinic

Professors: Douglas A. Berman / Terri L. Enns
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Field Work Assignments including Written Product, and Overall Diligence
Special Notes: Limited Enrollment

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

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

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

738.06 - Legislation Clinic

Professors: Steven F. Huefner / Terri L. Enns
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Field Work Assignments including Written Product, and Overall Diligence
Special Notes: Limited Enrollment

738.09 - Mediation Practicum

Professor: Nancy Hardin Rogers
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper, Mediations, Class Participation
Special Notes: Limited Enrollment; Students

This seminar/practicum combines critical study of the legal, ethical, and policy issues related to mediation with the opportunity for students to develop skills as a mediator. Each student will mediate disputes at the Franklin County Municipal Court or elsewhere for about 3 hours per week, for seven weeks, under Professor Rogers’ supervision. 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, January 21 and Sunday, January 22.

738.09 - Mediation Practicum

Professor: Sarah Rudolph Cole
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Special Notes: Limited Enrollment

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

This Practicum has a mandatory training weekend on January 21 and 22.

738.09 - Mediation Practicum

Professor: Amy J. Cohen
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Course description not available.

738.20 - Entrepreneurial Business Practicum

Professor: TBA
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

Course description not available.

739 - Pretrial Litigation

Professor: Michael Carpenter
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
Means of Assessment: Grade based on quality of case file which is composed of the accumulated assignments
Special Notes: Limited enrollment

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

739 - Pretrial Litigation

Professor: TBA
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law

Depositions and client interviews; drafting of interrogatories; case strategies.

744 - Employment Discrimination Law

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

747 - Civil Rights

Professor: john a. powell
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This course will be a survey course that will look the foundation of civil rights with a focus on how issues of public and private has shaped the understanding and jurisprudence of civil rights. We will examine how the public privates issues are more appropriately described as public, private, non-public/non-private, and corporate. The later part of the course will look at how these divisions both interact and how the courts and society understand these issues. This will also entail us looking at contemporary issues including the role of government and the market but through a history and jurisprudential lens. The debate of race and slavery have played an important and under theorized role in this development and continues to have important implications for how we address. These issues today have implications for important issues like campaign finance, immigration and the role of the court.

752 - Election Law

Professor: Daniel P. Tokaji
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 510 Constitutional Law
Means of Assessment: Paper or Take-Home Exam

The Supreme Court has long declared that the right to vote is fundamental because it is preservative of all other rights. Yet this right has proven elusive for many Americans throughout our nation’s history. This course will examine the right to vote in theory and practice, focusing especially on its relationship to racial and economic justice. It will consider what has been done - and what can still be done - to move us closer to the ideal of political equality, as well as the proper role of unelected judges in a constitutional democracy. Among the subjects we will address are the "one person, one vote" principle, how votes are cast and counted, the rights of racial and ethnic minorities, gerrymandering, and campaign finance regulation. We will discuss current and recent election controversies, in addition to materials in the casebook (Lowenstein, Hasen & Tokaji, Election Law, 4^th ed. 2008) and 2011 supplement.

Students will have the option of writing a paper or taking a take-home final examination.

753 - Education Law

Professor: Charles E. Wilson
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

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

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

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

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

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

755 - Law and Social Science

Professor: Tanya J. Poteet
Semester: 2012 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: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Simulations and responses to hypotheticals.

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 responses to assigned hypotheticals on a weekly basis.

Because of the frequent simulations in this class, attendance is mandatory unless a student has obtained prior approval from the professor.

758 - Sports Law

Professor: Kirstein
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

764 - Commercial Leasing

Professor: Richard C. Daley
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None

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

766 - Nonprofit Organizations

Professor: Garry W. Jenkins
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

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

771 - Lawyers and the Media

Professor: Mark R. Weaver
Semester: 2012 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 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: One other Dispute Resolution class (can be taken concurrently)
Means of Assessment: Projects, Written Assignments

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.

780 - Law and Economics

Professor: Guy A. Rub
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first year law curriculum

Why and when should property be privately owned? How can a legal system minimize the social costs of accidents? Should the state regulate pollution? If so, how? Why do we even need the law of contract? What are the purposes of default rules?

This course examines these and similar questions by introducing the students to one of today’s most powerful schools of legal thought, Law and Economics. Law and Economics applies the basic tools of economic reasoning to legal doctrines and provides a set of tools for analyzing laws. The course will begin by looking into a few general questions such as what does it mean that a law is efficient? Then, the course will explore how the Law and Economics approach sheds light on some of the most basic questions and implicit assumptions that are at the heart of every legal system.

The course neither presumes nor requires a background in economics.

794 - Lawyers as Leaders

Professor: Garry W. Jenkins
Semester: 2012 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.

794 - Business Bankruptcy

Professors: The Honorable Ransey Guy Cole Jr. / The Honorable John E. Hoffman Jr.
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

The course will focus on the business bankruptcy process, principally Chapter 11 reorganizations. Topics to be addressed include the basics of federal bankruptcy law, including the automatic stay, avoidance of fraudulent and preferential transfers, treatment of executory contracts, operation of a company during bankruptcy, sale of assets in Chapter 11 and formulation and confirmation of a plan of reorganization. The course will focus on both the overarching goals of Chapter 11 as well as the impact of current economic conditions on business reorganizations. The class will be a blend of lecture and in-class discussion, with emphasis on a problem-solving method of instruction. Classroom discussion will focus primarily on preassigned problems that students will be expected to analyze by applying principles derived from their review of the Bankruptcy Code and readings in the textbook. No prior experience with bankruptcy or Article 9 of the UCC is required.

794 - International Trade (2 credits)

Professor: Robert J. Miller
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course will provide background on the dynamics and the legal framework governing and impacting international trade. We will examine key trading treaties and the backgrounds leading up to these arrangements and resolving disputes under them. We will take a deeper dive into the alphabet soup known as WTO, TRIPS and GATS/TRIMS. We will examine the impact of trade barriers and concessions impacting business, including the carve outs impacting free trade such as environment impact, labor matters, foods and the related political impact. The class will study customs and tariffs and their impact.

794 - Introduction to Intellectual Property

Professor: Doug Rogers
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None

This course is an introduction to various forms of "intellectual property," with particular focus on (1) copyrights, (2) patents and (3) trademarks/service marks/trade dress and the basic range of issues in each these areas of law. The course also discusses trade secret protection.

794 - International Environmental Law

Professor: Cinnamon Carlarne
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper or Take-Home Exam

This course provides a general introduction to international environmental law and policy. We will begin by analyzing the history and development of international environmental law and exploring the key economic, political and legal concepts that have helped shaped the evolution of the field. We will then delve more deeply into a series of international regimes that deal with questions including transboundary air pollution, marine pollution, hazardous waste, cultural heritage, climate change and biological diversity. We will also examine the intersections between trade and the environment, law of the sea and the environment, and human rights and the environment. The course will examine the development and evolution of key treaties as well as exploring the changing role of state and non-state actors and transnational networks within the field of international environmental law and policy. Although the course will focus on international law, we will also consider the relationship between international and domestic environmental law as well as discussing the increasingly important role of regional environmental law.

794 - Patent Prosecution

Professor: Richard M. Mescher
Semester: 2011 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 - Privacy

Professor: Peter P. Swire
Semester: 2011 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam

In recent years there has been an explosion in laws relating to data privacy, driven by the growth of the Internet and public concerns about how sensitive data will be handled. This course will examine the legal, technological, and political developments that have occurred in the data privacy area. Topics will include: theories of privacy; traditional privacy torts; medical privacy; financial privacy; on-line privacy and the private sector (web sites, cookies, etc.); on-line privacy and the public sector (wiretaps, surveillance, etc.); and international developments (the European Data Protection Directive and other developments in transborder data flows).

794 - Dispute Resolution in Employment

Professor: James K.L. Lawrence
Semester: 2012 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Final introspective, self-evaluative journal, and class participation during the interactive exercises and debriefing
Special Notes: Only offered Spring Break week March 19-22

This course offers skills and strategies for effective negotiation and mediation of employment disputes in non-union work environments. A summary of negotiation and mediation principles and best practices will be provided. Prior to negotiating and mediating settlements through interactive exercises involving employment discrimination, wrongful discharge and other workplace disputes, Statutory or common law background knowledge will be discussed which may be needed to resolve the conflicts short of litigation. Skills in drafting agreements to mediate, corporate policies and agreements for resolving disputes through various ADR options short of litigation, and settlement agreements which may include provisions for global waivers and releases of all claims will be covered.

796.03 - Seminar Supreme Court Litigation

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

796.03 - Seminar State Constitutional Law

Professor: The Honorable Jeffrey S. Sutton
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

796.03 - Advanced Constitutional Law

Professor: Marc Spindelman
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

This is a seminar in U.S. Constitutional theory. What is the “Constitution”? What institution or institutions – or non-institutional actors – are (or should be) charged with its authoritative interpretation? How should they go about the task? Who should have the final say? A range of scholarship on these and related topics will be considered. Particular (and critical) attention will be paid to current notions of – and justifications for – judicial review and supremacy.

796.06 - Seminar Middle East Conflict

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

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

796.10 - Seminar Capital Market

Professor: Steven M. Davidoff
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

796.10 - Hot Money

Professor: Dale A. Oesterle
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Students study the legal regulation of financial speculators in a variety of financial markets, chosen by the students, that may include, among other things, sub-prime mortgages, short selling, information markets, hedge funds, private equity funds, venture capital funds, derivative markets (options, futures, and swaps, including credit swaps), real estate flipping, underwriting, blank check offerings, the pink sheets, and the currency markets. Students, in teams of two, select a topic, write a paper and present a class on a topic of their choice.

796.11 - Seminar Supreme Court

Professor: Gregory A. Caldeira
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

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

796.13 - FDA Seminar

Professor: Todd G. Guttman
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Final Paper and Class Participation

The seminar will focus on current issues concerning federal and state regulation of foods and drugs, including FDA structure and organization; the regulation of human drugs, medical devices, animal feed and drugs, nutraceuticals and alternative medical therapies; and state regulation of drugs, devices and food quality. Students will lead a discussion of a food, drug, cosmetic or medical device topic/issue of their choice and a final paper will be required.

796.14 - Anthropology and the Law

Professor: Stanley K. Laughlin Jr.
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper, Presentation, Class Participation
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 - Criminal Law Defenses

Professor: Joshua Dressler
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Grade based on paper and class participation

This seminar satisfies writing requirement

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

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

796.20 - Critical Race Theory

Professor: Vincene Verdun
Semester: 2011 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 - Estate Planning and Drafting

Professor: Allan J. Samansky
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

In this course, students will draft a number of wills, trusts, and other estate planning documents, as well as a few short memos. Often the students will be given some basic information and then in class the client (who will often bear a striking resemblance to me) will be interviewed. In many cases the documents or memos will be redrafted after we discuss them in class. The assigned book, Madoff, Practical Guide to Estate Planning, has forms on a CD that we will use. (Typically, the publisher allows the book to be purchased for course use at a reduced student rate.) There will be no final exam.

Wills and Trusts and Federal Income Taxation are recommended (but not required) prerequisites. In particular, students who have not taken and are not currently enrolled in Wills and Trusts will probably have to put in some extra time, but all necessary background will be discussed in the assigned reading or in class. We will cover some of the basics of federal estate and gift taxation, but I do not expect students to have any prior background in this topic.

796.20 - Law, History and Philosophy Seminar

Professor: Howard P. Fink
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

The seminar is largely made up of student presentations, assisted by me, on the topics they have chosen to write about. The topics include the legal and philosophical background of the American Revolution, Greek and Roman sources, the Bible in history and law, schools of jurisprudence, how judges approach their work, the intellectual history of the Civil War and its aftermath, the civil rights movement, law and literature, the impact of the New Deal, modern legal philosophies, feminism, the rise of the internet and other topics designed by the student. The students will write a paper on their topics they have chosen. This course satisfies the Writing Requirement.

796.20 - FOIA Seminar

Professor: Sanford N. Caust-Ellenbogen
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation and Paper
Special Notes: Satisfies Writing Requirement

Federal and state governments are required to provide information in their possession to interested members of the public. It was thought that this would improve transparency in government functioning. Althought this goal was often not achieved, practice under the Freedom Of Information Act (FOIA) has gotten more complicated and contentious in recent years. In particular, anti-terrorism programs have both heightened interest in government information-gathering programs and impelled the government to withhold access to information.

FOIA matters crop up in a wide variety of situations, affecting agency practice as well as private practice. Although often associated with journalism, FOIA has relevance to many areas of practice, including civil litigation and public interest litigation. Unfortunately, it is one of those areas of law that tends not to be covered elsewhere in the law school curriculum. This seminar provides an opportunity to explore this important and complicated subject. We will cover the major aspects of FOIA, paying particular attention to the various exceptions to disclosure. Each student will prepare and present a researched paper dealing with a relevant topic of her choice.

796.20 - Public Utilities

Professor: Samuel H. Porter
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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

796.20 - Evidence in TP

Professor: The Honorable Edmund A. Sargus Jr.
Semester: 2012 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 - 14th Amendment Seminar

Professor: The Honorable Ransey Guy Cole Jr.
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

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: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None

Course description not available.

796.20 - The Business of Law

Professor: Deborah Jones Merritt
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper and Class Participation

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%).

796.20L - Race and the Criminal Law

Professor: Sharon L. Davies
Semester: 2012 Winter
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Presentation and Final Paper

This seminar will examine questions relating to the myriad ways in which race intersects with the law, and in particular, with the criminal justice system. The seminar is designed to give students an opportunity to consider issues of racial justice in depth. Through assigned materials and student-directed work, our discussions will cover a wide array of issues, including: implicit associations and enduring perceptions of black criminality, racial and ethnic profiling, race and traffic stops, policing at the border, racial and ethnic sentencing disparities, the use of excessive force, felon disenfranchisement, prisoner re-entry and public policy, and more.

796.55 - Consumer Credit

Professor: Creola Johnson
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: 605, 609, or 610

Consumer credit; statutory and judicial regulation, with particular emphasis on the problems of the poor consumer.

796.58 - Disputed Elections

Professor: Edward B. Foley
Semester: 2012 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 primary text for this seminar will be the manuscript of a book on disputed elections that Professor Foley has been writing.

The seminar will also consider the work of a new American Law Institute project, which is designed to develop model rules or principles for the resolution of future disputed elections.

Each student will write a paper that addresses either a specific aspect of past disputed elections or a specific aspect of improving the resoltuion of these disputes in the future. Professor Foley will distribute a list of suggested paper topics at the beginning of the semester, but students are free to develop their own particular topic (as long as Profesor Foley "green lights" it after consultation). One exciting feature of this seminar is that these student papers will have a significant impact on the book that Professor Foley is writing as well as the ALI project. Seminar papers from the last two years have already proved extremely valuable in this way.

796.64 - International Intellectual Property Seminar

Professor: Daniel C.K. Chow
Semester: 2011 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper and Class Participation

We will cover the general international legal framework on international intellectual property that applies to all of the major categories of IP: copyright, patents, trade marks and trade secrets. Our focus will be on the WTO Agreement on Trade Related Intellectual Property Rights (TRIPs) and other international treaties and their implementation into domestic law.

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2011-12 Upper Level Course Descriptions

600 - Appellate Advocacy

601 - Advanced Legal Writing

602 - Advanced Legal Research

602 - Business & Tax Legal Research

602 - Litigation and ADR Research

602 - International 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

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

626 - Trademark

627 - American Legal History

630 - U.S. Legal System and Legal Traditions

633 - Sentencing

634 - Children & the Law

635 - Family Law

638 - Adoption Law

639 - White Collar Crime

640 - Criminal Procedure: Investigations

641 - Criminal Procedure: Adjudication

642 - Law & Religion

645 - Real Estate Development

652 - Banking Law

656 - Wills, Trusts, Estates

656 - Wills, Trusts, Estates

659 - Commercial Law

700.01 - Care of Patient/Client

700.03 - Ethical Issues

702 - Issues in Arbitration

703 - Legal Negotiation and Settlement

704 - Trial Practice

704 - Trial Practice

704 - Trial Practice

704 - Trial Practice

704 - Trial Practice

707 - The Employment Problem

707.01 - The Hospital Problem

707.01 - The China Problem

707.02 - Jury Instructions

708 - Regulation of Security Distributions

710 - Federal Courts

711 - Health Law

713 - Appellate Advocacy II/Moot Court

715 - Taxation of Business Enterprises

716 - International Tax

719 - Corporate Finance

721 - Mergers and Acquisitions

722 - Dispute Resolution: Theory and Practice

722 - Dispute Resolution: Theory and Practice

724 - Comparative Dispute Resolution

728 - International Business Transactions