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2012-13 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.
7003 - Appellate Advocacy
Professor: Mary Beth Beazley
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: LAW I and II
Special Notes: Prereq: LAW I and II
Procedural and substantive aspects of appellate practice; the student conducts original research and prepares a brief (in multiple drafts) and presents an oral argument.
7006 - Advanced Legal Writing
Professor: Mary Beth Beazley
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
Means of Assessment: Class Participation and Written Projects
Special Notes: Prereq: LAW I and II
Students write a revise a variety of legal documents and complete a short project and presentation.
7009 - Advanced Legal Research: Ohio
Professor: Katherine Hall
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: LAW I and II
Means of Assessment: Papers and Participation
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.
7009 - Advanced Legal Research: Litigation and ADR
Professor: Stephanie Ziegler
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Law I and II
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.
7009 - Advanced Legal Research: Ohio
Professor: Katherine Hall
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Law I and II
Means of Assessment: Exam, Exercises, Class Participation
Ohio Legal Research provides students with an introduction to Ohio legal materials and advanced training on the use of these materials for legal research purposes.
7009 - Business and Tax Legal Rsch
Professor: Susan Azyndar
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Law I and II
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.
7009 - Advanced Legal Research: Ohio
Professor: Katherine Hall
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: LAW I and II
Means of Assessment: Papers and Participation
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.
7106 - Legal Negotiations and Settlements
Professor: Joseph B. Stulberg
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Professional Responsibility recommended
Means of Assessment: Paper(s) and Simulated Negotiations
Special Notes: Limited enrollment
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 integration 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 integrates theoretical analysis with performance skill-building exercises. Targeted simulations occur during scheduled class time.
7106 - Legal Negotiations and Settlements
Professor: Katrina Lee
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Professional Responsibility recommended
Means of Assessment: Papers, Class Participation, Simulated Negotiations. There will be no final exam in this course.
This course explores the theory, law, and practice of legal negotiations. The course integrates theoretical analysis with skill-building exercises. Students will engage in simulated negotiations. Students will also participate in an email negotiation exercise with students from another law school. Participation in the Lawrence Negotiation Competition will be required as part of the course. Topics will include bargaining dynamics; basic stages of a negotiation; negotiation skills such as listening, communication, and persuasion; multi-party dynamics; negotiation power; representing clients in a facilitated negotiation; the role of culture, gender and race in negotiation; and ethical dilemmas.
7109 - Intl Business Arbitration
Professor: Ellen E. Deason
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-home exam and class participation
The course examines the theory and practice of international business arbitration. Students will become familiar with the procedures used in international arbitration, with reference to how they compare to domestic U.S. practice. They will examine the intersecting roles of private contracts, international treaties, national legislation and court decisions, and public and private international institutions. In addition to normal classroom discussion, students will participate in two negotiation exercises that will involve them in strategic choices and planning for dispute resolution. First, students will negotiate the selection of arbitrators for an arbitral panel. Second, students will negotiate and draft an arbitration clause for an international commercial relationship.
Topics covered include: Problems in international litigation that create motivation to arbitrate; the authority of arbitration tribunals; duties and selection of arbitrators; international arbitration procedures and the influence of national litigation systems; enforcement of arbitral awards by national courts; challenges to arbitral awards; and drafting arbitration agreements.
This course is appropriate for students with interests in business transactions as well as in litigation.
7112 - Dispute Resolution Processes: Theory & Practice
Professor: Sarah Rudolph Cole
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: Take- Home Exam, Simulation Drafting, and Class Participation
Dispute Resolution Processes: Theory and Practice surveys the basic processes and variations with an emphasis on the lawyer as an advocate for clients. Skill building is practiced through simulation exercises. The course is especially appropriate for a student who wants to take only a single dispute resolution course. Other students use it as an introduction to the field.
7124 - Intl Dispute Resolution
Professor: Amy J. Cohen
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Not open to students with credit for 7118 or 761L.
Examines procedures for resolving international disputes (negotiation, mediation, arbitration, judicial settlement), how they operate in contemporary disputes, and how law governs their use.
7127 - Dispute System Design Workshop
Professor: Nancy Hardin Rogers
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Prerequisite: another course in dispute resolution, taken prior to this class or during the same semester that you take this class
Means of Assessment: Projects, Written Assignments
This is a course to prepare you to design new processes 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 process 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.
7192 - Public Interest Externship
Professor: April Opper Davis
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: paper
This course will provide academic credit to students who conduct substantive legal work at government and non-profit placements, attend a class designed for externs, and fulfill specified academic requirements. The goals of this program are twofold: to provide students with practical experience and to provide assistance to governmental entities and non-profit organizations which further the public good.
This externship program will accept 40 students per semester and will be offered to students during the summer, fall, and winter semesters. Students and representatives from potential placements will complete applications and students will be matched to approved placements by Student Services and Career Services staff. Placement approval is contingent upon the review of this application and a site visit by Moritz staff, if one has not been conducted as a part of the former Federal Work-Study Program.
7192 - Public Interest Externship
Professor: April Opper Davis
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: Public Interest Externship
This course will provide academic credit to students who conduct substantive legal work at government and non-profit placements, attend a class designed for externs, and fulfill specified academic requirements. The goals of this program are twofold: to provide students with practical experience and to provide assistance to governmental entities and non-profit organizations which further the public good.
This externship program will accept 40 students per semester and will be offered to students during the summer, fall, and winter semesters. Students and representatives from potential placements will complete applications and students will be matched to approved placements by Student Services and Career Services staff. Placement approval is contingent upon the review of this application and a site visit by Moritz staff, if one has not been conducted as a part of the former Federal Work-Study Program.
7194 - Contracts 2
Professor: Stephanie Hoffer
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: exam, class participation, drafting and negotiation exercises
Contracts II continues and complements Contracts I. The topics covered include pre-contractual obligation (including preliminary agreements), contract interpretation, gap-filling terms, duress, modification, performance and breach, conditions, mistake, impossibility, impracticability, frustration, the public policy defense, third-party beneficiaries, assignment, and delegation. Emphasis is on the common law, but the Uniform Commercial Code and, to a lesser degree, international and comparative contract law will also be studied.
Although Contracts II uses, among other things, a standard casebook, the course has a strong transactional emphasis. A continuing area for discussion is how to use various aspects of doctrine when negotiating and writing contracts. To that end, the course includes a number of drafting and transactional exercises. We will also use case studies from time to time to present the material in a more realistic setting.
This course would be particularly important for students who anticipate a career involving business law, whether as commercial litigators or as transactional attorneys. Others who want some exposure to contract law from a transactional perspective or who want to cover the entire subject-matter of contracts may wish to consider the course as well.
Evaluation will be on the basis of a final examination, class participation, and performance on drafting and transactional exercises.
7200 - Business Associations
Professor: Dale A. Oesterle
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course
This course provides an introduction to the laws governing business entities. We will examine the structure and characteristics of modern business organizations, particularly publicly traded and closely held business corporations. Significant emphasis is placed upon the nature of the corporate governance system and the fiduciary obligations of directors and officers. A broad range of topics will be addressed including: agency, partnership, the formation and financing of corporations, the proxy system, stockholder derivative suits, change of control transactions, stock trading by corporate insiders, and corporate social responsibility.
7200 - Business Associations
Professor: Paul Rose
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course
This course provides an introduction to the laws governing business entities. We will examine the structure and characteristics of modern business organizations, particularly publicly traded and closely held business corporations. Significant emphasis is placed upon the nature of the corporate governance system and the fiduciary obligations of directors and officers. A broad range of topics will be addressed including: agency, partnership, the formation and financing of corporations, the proxy system, stockholder derivative suits, change of control transactions, stock trading by corporate insiders, and corporate social responsibility.
7200 - Business Associations
Professor: Vincene Verdun
Semester: 2013 Spring
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
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.
7206 - Insurance Law
Professor: Elizabeth L. Anstaett
Semester: 2012 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.
7212 - Banking Law
Professor: Elizabeth L. Anstaett
Semester: 2013 Spring
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.
7213 - Drafting Business Contracts
Professor: Richard C. Daley
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Written assignments and class participation
Special Notes: Drafting Business Contracts
This course will focus on the skils, techniques, and strategies that transactional business lawyers need to employ when drafting business contracts such as employment agreements, purchase and sale documents and joint venture contracts. The course will emphasize the practical over the theoretical and will give the students ample opportunity to hone their drafting skills through a series of written assignments and in-class exercises.
7215 - Securities Regulation
Professor: Steven M. Davidoff
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Any Business Association course or waiver from professor
The course covers the regulation of distributions of securities by issuers and their affiliates under the Federal Securities Act of 1933 and the regulation of the securities trading markets by the Securities & Exchange Act of 1934.
7218 - Small Business Finance
Professor: Larry T. Garvin
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: PREREQUISITE OR CO-REQUISITE: Bus Assoc.
Means of Assessment: Take-home exam and class participation
Legal and financial issues arising from small and start-up businesses, from formation to initial public offering. Topics to be discussed include basic accounting and valuation techniques; transaction cost economics, relational contract, and entrepreneurial psychology; choice of entity; founder finance, including tax and bankruptcy issues; insider finance, including shareholder oppression and restraints on alienability; non-bank finance, including trade credit, leasing, factoring, and purchase money lending; bank credit; angel investing; venture capital, including control and cash flow rights, fiduciary duties, and exit strategies; and franchising. The class will be taught using a combination of traditional lecture and discussion with problem-solving, contract drafting, and role-playing. Grading will be by take-home examination, class participation, and in-class and take-home exercises.
7221 - Corporate Finance
Professor: Paul Rose
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: 3-hour multiple choice + short essay exam
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.
7224 - Mergers & Acquisitions
Professor: Dale A. Oesterle
Semester: 2013 Spring
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.
7230 - Intl Business Transactions
Professor: Daniel C.K. Chow
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
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.
7233 - Business Bankruptcy
Professor: The Honorable John E. Hoffman Jr.
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: exam
Special Notes: Business Bankruptcy
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.
7300 - Commercial Paper
Professor: Vincene Verdun
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: Exam - Essay and/or Short Essay
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.
7306 - Sales
Professor: Larry T. Garvin
Semester: 2013 Spring
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.
7309 - Secured Transactions
Professor: Creola Johnson
Semester: 2013 Spring
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.
7312 - Debtor & Creditor
Professor: Creola Johnson
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: In-class exam
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.
7321 - Consumer Law
Professor: Creola Johnson
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Not open to students with credit for 657L
In-depth study of consumer rights and remedies as provided by the common law and federal and state statutes, with particular emphasis on the Federal Truth In Lending Act.
7403 - White Collar Crime
Professor: Doug Squires
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: 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 Criminal Law. Grading is by exam.
7406 - Criminal Procedure: Investigation
Professor: Joshua Dressler
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: Exam and Class Participation
This course focuses on the legality of police investigative conduct under the Fourth, Fifth and Sixth Amendments to the United States Constitution. The course explores in-depth the Fourth Amendment’s prohibition against unreasonable searches and seizures. Students study a wide variety of situations in which the police look for and collect physical evidence of criminal activity and make arrests, and the constitutional limits placed on 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.
7409 - Criminal Procedure: Adjudication
Professor: Alan C. Michaels
Semester: 2013 Spring
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.
7503 - Advanced Constitutional Law: The First Amendment
Professor: Daniel P. Tokaji
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-Home Exam
This course explores American constitutional law regarding freedom of speech, freedom of association, and freedom of the press. It focuses on the leading First Amendment cases that give expression the most extensive protection found anywhere in the world. We will also consider the arguments of some critics that our Supreme Court has gone too far, for example, in protecting false speech with little social value or corporate political expenditures. The course will consider not only the reasons for protecting speech and association, but also countervailing interests -- such as public safety, protection against racial animus, and promotion of political equality -- that lead some to argue for limitations on speech and related activities. Throughout the course, we will compare the approach taken in the U.S. to that of other countries.
7509 - Spec Ed Advocacy
Professor: Ruth Colker
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Weekly written assignments
The purpose of this course is to prepare students to be an advocate on behalf of children with disabilities. It is a highly practical course in which students are expected to be highly prepared for each class session and be actively involved in the simulations and other class work. Topics include: Initiating a Special Education Case, Child Find, Educational Evaluations and Assessments, the Individualized Educational Program, Early Intervention Services, School Discipline, The Due Process Complaint, and Remedies.
This class will be scheduled to meet once a week for three hours. The third hour will be used for a practical, field component. Each student will be required to attend a diagnostic session at the OSU Speech and Language Clinic or the Nisonger Center where they will observe a child with a suspected disability being tested. They will then have the opportunity to attend the session with the parents of the child to discuss the medical results and possible eligibility for special education services. These sessions will be discussed in class (on a confidential basis) to help students better understand how special education programs are proposed for children with disabilities through the use of experts in the field. The third hour of class will be used to train students how to attend such meetings and to debrief about their observations after attending such meetings.
The third-hour, practical element of this class will be limited to 8 students. If the class is oversubscribed, additional students may be given the option of taking the class for two hours but not have a practical, field placement. A student on the waitlist may consult with the professor if interested in taking a two-credit version of the course.
7600 - Children & the Law
Professor: Katherine Hunt Federle
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, 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. Please note that class will meet on THURSDAYS FROM 1:30 to 2:45 EXCEPT on those days when faculty meetings are scheduled. Since those meetings are held once a month (with an occasional special meeting called), it makes little sense to require that the class be held at a different time every Thursday.
7603 - Family Law
Professor: Katherine Hunt Federle
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, Class Participation, and Attendance
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), privacy, marital obligations, annulment, dissolution, divorce, child custody, and spousal and child support. A considerable portion of this course will be dedicated to the "constitutionalization" of family law, and its attendant policy considerations.
7610 - Sexual Orientation & The Law
Professor: Ruth Colker
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-Home Exam
Special Notes: enrollment limited to 40 students
This course will survey the various legal issues facing gay men, lesbians and bisexuals. The topics include: regulation of sexuality and gender; liberty-equality debate; theories of sexuality, gender and the law; the workplace; families; parenting; education; and the military. Students will be expected to contribute actively to the class discussion. Twenty percent of the grade will be based on class attendance and active participation. The remainder of the grade will be based on a take-home exam. Students will have the entire exam period to complete the take-home exam. This is a general survey course. No outside research is expected for class discussion or the take-home exam.
7700 - Human Rights
Professor: John B. Quigley
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: International Law or International Dispute Resolution
Means of Assessment: exam
International protection of rights, including the scope of rights protected and the mechanisms provided in the international order to seek proper implementation of obligations they assume by treaty or under customary international law.
7712 - International Law
Professor: John B. Quigley
Semester: 2012 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.
7800 - Copyright Law
Professor: Guy A. Rub
Semester: 2013 Spring
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.
Technical or scientific knowledge is not required.
7803 - Trademark
Professor: Reid Wilson
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Creation, enforcement, and limitation of trademark rights; and related unfair competition issues.
7804 - Sem: Law of Cyberspace
Professor: Peter P. Swire
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: seminar -- paper and course participation
The Internet changes everything. Or does it? Courts, legislatures, and regulators have all had to face this question in dealing with cyberspace. Determining how existing legal concepts should apply, if at all, to cyberspace is a problem that recurs in numerous areas of law. This seminar will explore this problem in several different areas, including, contracts, torts, criminal law, privacy law, the First Amendment, property and intellectual property. There are no formal prerequisites, and no technical background is required.
7809 - Patent Law
Professor: Douglas L. Rogers
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
This course will cover the basic elements of patent law, including patentable subject matter, utility, novelty, non-obviousness, claims, disclosure and enforcement of patents -- all in light of the recently enacted America Invents Act. There is no expectation that students in the class will have the technical knowledge to prosecute patents. If you have any questions in advance about the course, feel free to e-mail me at douglaslrogers@gmail.com.
7812 - Patent Prosecution
Professor: Richard M. Mescher
Semester: 2012 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.
7816 - Investment Management Law
Professor: Paul Rose
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Business Associations
Means of Assessment: Exam
Special Notes: Suggested concurrent or prior courses: Securities Regulation; Corporate Finance
This course examines the law of broker/dealers, investment companies, investment advisers, mutual funds, pension funds, hedge funds, private equity funds, and other institutional investors. In 1950, individual investors owned approximately 90%, and institutional investors 10%, of most large, publicly traded companies. Now, institutional investors own two-thirds or more of these same types of companies. As the securities markets become more and more intermediated, with institutional investors managing a growing share of America's wealth, regulation of institutional investors is expanding and becoming increasingly complex. As a result, lawyers are increasingly being called on to help these institutions navigate these regulations. This course will study these regulations, including the Securities Exchange Act (1934), the Investment Advisors Act (1940), the Investment Company Act (1940), or the Employee Retirement Income Security Act (1974). Business Associations is a prerequisite for the course (except with instructor approval).
8000 - Trial Practice
Professor: The Honorable Algenon L. Marbley
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Evidence
Means of Assessment: Class Performance
Special Notes: Limited Enrollment; Third-Year Priority
This course teaches basic trial practice necessary for presentation of elementary jury trials. Teaching combines student simulations of various aspects of a jury trial with lectures and videotapes. Each student will participate in presenting at least one complete trial during the course. The sections have limited enrollment and therefore usually are open to third-year students only.
8000 - Trial Practice
Professor: The Honorable Jennifer Sargus
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Evidence
Means of Assessment: Class Participation
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.
8000 - Trial Practice
Professor: The Honorable Edmund A. Sargus Jr.
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Evidence
Means of Assessment: Class Participation
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.
8000 - Trial Practice
Professor: The Honorable Norah McCann King
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Evidence
Means of Assessment: Class Participation
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.
8000 - Trial Practice
Professors: Sandra J. Anderson / Kimberly Weber Herlihy
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Evidence
Means of Assessment: Class Participation
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.
8000 - Trial Practice
Professor: The Honorable Algenon L. Marbley
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Evidence
Means of Assessment: Class Participation
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.
8008 - Appellate Pract
Professors: The Honorable Jeffrey S. Sutton / Monte Smith
Semester: 2012 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.
8100 - Employment Law
Professor: L. Camille Hébert
Semester: 2013 Spring
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.
8103 - Labor Law
Professor: Charles E. Wilson
Semester: 2013 Spring
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.
8106 - Employee Benefits
Professor: L. Camille Hébert
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-home examination and class participation
This course will focus on the legal issues surrounding the mandated or voluntary provision of benefits to employees by employers, including health and pension benefits. Issues that will be addressed include the scope of the Employee Retirement Income Security Act, as well as issues on non-discrimination, fiduciary obligations, and preemption of state laws relating to the provision of benefits.
8109 - Employment Discrimination Law
Professor: Martha Chamallas
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: Exam
This course addresses developments in civil rights law in the context of the workplace. We will look at the growing body of law designed to protect against discrimination based on race, gender, national origin, religion, age, disability and sexual orientation. The main focus of the course will be on Title VII of the Civil Rights Act of 1964, as amended. Throughout the course, we will examine the ongoing debate in the Supreme Court, Congress, and the nation as to the appropriate meaning of the anti-discrimination norm, a debate that involves questions as to intent as compared to impact theories and individual as compared to group theories of discrimination.
8189.01 - Criminal Defense Clinic
Professors: Deborah Jones Merritt / Robert Martin Krivoshey
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; Evidence
Special Notes: Evidence is a prerequisite; students may not work in any prosecution capacity while enrolled in this clinic
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.
8189.02 - Civil Law Clinic
Professors: Elizabeth Ilgen Cooke / Amna Akbar
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; Evidence
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.
8189.02 - Civil Law Clinic
Professors: Elizabeth Ilgen Cooke / Amna Akbar
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; Evidence
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.
8189.03 - Criminal Prosecution Clinic
Professors: Deborah Jones Merritt / Robert Martin Krivoshey
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate; Evidence
Special Notes: Evidence is a prerequisite; students may not work in any defense capacity while enrolled in this course
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.
8189.04 - Justice for Children Clinic
Professor: Kimberly Jordan
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Ohio Legal Intern Certificate
The course examines the substantive and procedural rights of children in a variety of legal contexts. As legal interns certified by the Ohio Supreme Court, students will each represent juvenile clients. Cases may involve juvenile delinquency, abuse, neglect or dependency, appeals, immigration, or special education. Special attention is given to the constitutional, jurisprudential, and statutory foundations of children’s rights and to the practical value of such rights in improving the lives of children.
Students are responsible for all aspects of client representation, including client meetings, pretrial hearings, motions and motion hearings, trial and any appellate work. Class time is utilized to hone lawyering skills within a substantive context while developing an approach to the thoughtful and ethical practice of law.
8189.04 - Justice for Children Clinic
Professor: Kimberly Jordan
Semester: 2012 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.
8189.05 - Legislation Clinic
Professors: Terri L. Enns / Steven F. Huefner
Semester: 2013 Spring
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.
8189.05 - Legislation Clinic
Professors: Douglas A. Berman / Terri L. Enns
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Field Work Assignments including Written Product, and Overall Diligence
Special Notes: Limited Enrollment
In recent years, state legislatures have found themselves confronting many of our most complex public policy issues, in part because of efforts to downsize national government and revitalize principles of federalism. Law students can help Ohio legislators to analyze potential legislative issues, examine how other states have sought to address them, and develop statutory (or other) responses that are appropriate for our state.
Up to 12 second and third year law students per semester may enroll in the Legislation Clinic. The Clinic’s twice-weekly classroom component focuses on aspects of Ohio legislative process. For their clinical experience, some students are placed with one of the four Leadership Caucuses in the Ohio General Assembly (majority and minority in House and Senate), or with individual members of key committees, such as Judiciary and Finance. Other students serve with the Legislative Service Commission, working with LSC professional staff on bill analyses, special studies, or research reports. Additional placement opportunities include the Joint Committee on Agency Rule Review, the Office of the Governor, and cabinet-level agencies of state government.
The Clinic helps law students to appreciate the importance of legislative lawyering as they develop their own skills in this arena. By observing and participating with others working in areas such as policy analysis, information-sharing in a partisan context, and negotiation among multiple parties, law students better understand why these skills matter. To obtain these benefits, participants should expect to spend a substantial amount of time each week in their clinical placement. In addition, the majority of the Ohio General Assembly’s legislative work occurs on Tuesdays and Wednesdays, and occasional Thursdays. Accordingly, students in the Clinic should try to arrange their schedules so that each week they have significant blocks of time available for field work during this crucial midweek period, although rewarding placements may be possible for students who are unable to make such arrangements.
8189.06 - Multiparty Mediation Clinic
Professors: Joseph B. Stulberg / Erin Archerd
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper, Class Presentation, and Class Participation
Special Notes: Limited enrollment
This course examines the legal, ethical, and policy issues that arise when using the mediation process to resolve multi-party controversies. Students work with the professor and clinical attorney as neutral interveners in the development of party engagement protocols, problem definition, and mediated negotiations for multi-party disputes. In addition to the applied work, each student must mediate a simulated case that is recorded and reviewed by Professor Stulberg; analyzes and critiques the simulated mediation work of a professional mediator; and writes a targeted analytical paper that examines an important policy issue in the field. Students who have taken the Mediation Practicum/Seminar may not take this course. Students who take this course MUST have at least one weekday afternoon (1:00-4:00 p.m.) and one weekday evening (5:30-8:30 p.m.) (excluding Friday) free for clinic activity. In addition, each student must participate in the mandatory performance skill training program that will take place at the law school on Friday, January 11, 2012 from 4:00-7:30 p.m., and Saturday, January 12, 2013 and Sunday, January 13 2013 from 9:00 a.m. – 5:00 p.m.
8189.07 - Mediation Clinic
Professors: Amy J. Cohen / Erin Archerd
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
The Mediation Practicums provide opportunities to develop skills as a mediator, along with basic study of mediation law and policy issues. The course is offered in two formats. The Mediation Practicum is a combination of a seminar and a mediation clinic involving practical experience mediating cases in Small Claims Court and other forums. The Multiparty Mediation Practicum is a mediation clinic involving practical experience mediating multi-party, complex cases. Students planning to take either practicum must ensure that their schedules permit them to spend one afternoon per week, Monday through Thursday, mediating cases. There is a mandatory weekend mediation training program, usually held on one of the first weekends of the semester.
8189.08 - Entrepreneurial Business Clinic
Professor: Charles Lee Thomason
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: Entreprenurial Business Law Clinic
The EBLC offers a mix of clinical work with start-up businesses and early-stage entrepreneurs, and an academic component about transactional and business law topics. Students practice preparedness to form a legal entity after interviewing the client, reviewing their business model, and in-class collaboration; then, preparedness to address the primary legal needs of new businesses, issues pertinent to web-based commerce, intellectual property ownership and licensing, operating agreements and governance, capitalization and finance, and related transactional work. Risk assessments, appropriately communicating recommendations to clients, and professionalism are also emphasized.
At each phase of the new business lifecycle, time is devoted to the ethical considerations of joint representation, dealing with unrepresented persons, alternative fee arrangements, conflicts, and other concerns that can arise when the client first are founders, then a newly-formed, then a growing business with investors. Clients for the clinic are those who call in seeking assistance, others are referred by attorney, or come from business incubators, business plan competitions, or who have pending patent applications. Grading is based on self-assessment and improvement, work product and effort, as well as written work judged against professional norms.
8189.08 - Entrepreneurial Business Clinic
Professor: Charles Lee Thomason
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
The EBLC offers a mix of clinical work with start-up businesses and early-stage entrepreneurs, and an academic component about transactional and business law topics. Students practice preparedness to form a legal entity after interviewing the client, reviewing their business model, and in-class collaboration; then, preparedness to address the primary legal needs of new businesses, issues pertinent to web-based commerce, intellectual property ownership and licensing, operating agreements and governance, capitalization and finance, and related transactional work. Risk assessments, appropriately communicating recommendations to clients, and professionalism are also emphasized.
At each phase of the new business lifecycle, time is devoted to the ethical considerations of joint representation, dealing with unrepresented persons, alternative fee arrangements, conflicts, and other concerns that can arise when the client first are founders, then a newly-formed, then a growing business with investors. Clients for the clinic are those who call in seeking assistance, others are referred by attorney, or come from business incubators, business plan competitions, or who have pending patent applications. Grading is based on self-assessment and improvement, work product and effort, as well as written work judged against professional norms.
8189.20 - Judicial Externship
Professor: April Opper Davis
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Judicial externships provide excellent educational opportunities, including observation of the workings of courts from the inside, interaction with distinguished judges, and engagement in supervised research and writing.
8189.20 - Judicial Externship
Professor: April Opper Davis
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Judicial externships provide excellent educational opportunities, including observation of the workings of courts from the inside, interaction with distinguished judges, and engagement in supervised research and writing.
8200 - Evidence
Professor: Ric Simmons
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority Course
This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, based on a study of the Federal Rules of Evidence. Concepts covered include relevance, the use of character and scientific evidence, the definition and use of hearsay, the use of real and demonstrative evidence, the proper method of impeaching witnesses, foundation and authentication requirements, and the law of privileges. The class is taught primarily through the problem method.
8200 - Evidence
Professor: Robert Martin Krivoshey
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: exam
Special Notes: Second-Year Priority Course
This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, based on a study of the Federal Rules of Evidence. Concepts covered include relevance, the use of character and scientific evidence, the definition and use of hearsay, the use of real and demonstrative evidence, the proper method of impeaching witnesses, foundation and authentication requirements, and the law of privileges. The class is taught primarily through the problem method.
8200 - Evidence
Professor: Deborah Jones Merritt
Semester: 2012 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 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 using the Merritt & Simmons "uncasebook" on evidence.
8203 - Civil Procedure 2
Professor: Arthur F. Greenbaum
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: exam
Special Notes: Second-Year Priority Course
Civil Procedure II focuses on litigation from the perspective of the litigator. It addresses the litigation process from filing the initial complaint through appeal, with the exception of the actual conduct of trial itself. Using the federal courts as a model, this course critically examines how the Federal Rules of Civil Procedure attempt to secure the just, speedy, and inexpensive determination of civil actions, as well as movements for their reform. Topics include: pleading, joinder of claims and parties, class actions, discovery and disclosure, case management, adjudication without trial, jury selection, post-trial motions, and appellate review.
8203 - Civil Procedure 2
Professor: Christopher M. Fairman
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: exam
Special Notes: Second-Year Priority Course
Civil Procedure II focuses on litigation from the perspective of the litigator. It addresses the litigation process from filing the initial complaint through appeal, with the exception of the actual conduct of trial itself. Using the federal courts as a model, this course critically examines how the Federal Rules of Civil Procedure attempt to secure the just, speedy, and inexpensive determination of civil actions, as well as movements for their reform. Topics include: pleading, joinder of claims and parties, class actions, discovery and disclosure, case management, adjudication without trial, jury selection, post-trial motions, and appellate review.
8206 - Conflict Of Laws
Professor: Sanford N. Caust-Ellenbogen
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Courts are often required to adjudicate cases that involve multi-state elements. For example, a contract may be made between an entity from New York and one from California to be performed in Ohio. A tort might occur involving citizens from different states, possibly in a third state. The course in conflict of laws explores how courts handle such cases in a variety of contexts. Topics include choice of law (which state’s laws are to be applied to an issue in a case); constitutional constraints on choice of law; and recognition of judgments rendered in other states. Although the course will focus on inter-state conflicts, it will also include some consideration of conflicts in the international setting, particularly the applicability of United States law to cases involving international elements.
8209 - Federal Courts
Professor: Daniel P. Tokaji
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: Exam
What role should the federal judiciary play in our democracy? Federal courts have often served as a refuge for those seeking vindication of their civil and political rights. Yet the scope of the federal courts’ power to decide cases and to “say what the law is” remains the subject of fervent disagreement. This course examines the scope of and limitations upon the federal judicial power under Article III of the Constitution. It is organized around three themes: (1) Separation of Powers, (2) Federalism, and (3) Enforcement of Federal Rights. Specific topics covered include standing and justiciability, jurisdiction-stripping, the confirmation process, sovereign immunity, abstention, Supreme Court review of state court decisions, Section 1983, implied rights of action, suits under customary international law, and habeas corpus. Underlying all of these topics is the core issue of access to justice. The cases we discuss have a major impact on the real-life practice of law. This course is therefore of great practical importance to those who wish to litigate -- especially those interested in impact litigation -- as well as anyone who would like to clerk for a federal judge or to be a federal judge someday.
8210 - Constitutional Litigation
Professor: Christopher J. Walker
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: This course complements Federal Courts and Administrative Law. Students who plan to work in government will benefit from taking both those courses -- though neither is a prerequisite for this course.
Means of Assessment: exam
Constitutional Litigation is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are litigated: in lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. § 1983. We will consider topics such as what it means to act “under color of state law”; absolute and qualified immunities; government liability for the acts of individual officials; remedies for constitutional violations, including monetary and injunctive relief; structural reform litigation; and the remedial issue nearest and dearest to many lawyers' hearts: attorney's fees awards. The course will also connect the substantive law to the practical and strategic choices a civil rights litigator makes before and during litigation.
This course is particularly useful for students who plan to work in government or in government-related public interest organizations as well as those who plan to clerk in federal courts. Due to its focus on litigation strategy in addition to substantive law, it is also a terrific course for students interested generally in a career in civil litigation.
8212 - Pretrial Litigation
Professor: Anne E. Ralph
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
This course will cover strategy and practical skills related to pre-trial litigation procedure, from the point of view of the practicing lawyer. The course will cover the life cycle of pre-trial litigation, including initial client contact related to a dispute, undertanding your client's objectives, developing legal strategy to vindicate your client's interests, creating a case theme and plan, understanding the purpose and goals of available pre-trial procedures and how they relate to trial and/or settlement strategy, drafting pleadings, effective written discovery and deposition practice, motion practice, interactions with opposing counsel and the court, client management, and continual case evaluation. Students will have the opportunity to participate in interactive exercises focused on strategy, technique, and substantive content. The class will be divided into several law firms to conduct pre-trial exercises. Students will be evaluated on participation, professionalism, and the quality of the body of work created during the course of the semester.
8212 - Pretrial Litigation
Professor: Sherri Lazear
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: Completion of first-year law
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.
8218 - Products Liability
Professor: Kathy Seward Northern
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam, In-class exercises,Skills Exercise
In the modern world, people accomplish both individual and collective objectives through the products of technology. Our modes of transportation, narrowly tailored medical treatment, manufacturing, entertainment, nourishment, and the control and maintenance of our individual and collective surroundings all involve the use of products that have the potential for great benefit and, on occasion, great harm. “Products liability law addresses the consequences of modern science and technology gone awry – when products, or the interactions between people and their products, fail.” David Owens.
In this course we will examine the historical development of modern products liability law, the impact that product liability law has had with regard to consumer safety, patterns of litigation, and the call for tort reform. The course will focus upon the four primary theories of recovery in products liability law: informational defect, marketing defect, manufacturing defect, and design defect. In so doing, we will consider the basic doctrines of intent, negligence, and strict liability, and contracts based doctrines of express and implied warranty.
8300 - Federal Antitrust Law
Professor: James A. Wilson
Semester: 2012 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.
8303 - Immigration Law
Professor: David S. Bloomfield
Semester: 2012 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.
8306 - Administrative Law
Professor: Peter M. Shane
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
A study of the administrative law process, concentrating upon the functions and procedures of federal administrative agencies and judicial review of agency actions. Specific topics will include the creation of agencies; their investigative, legislative, and adjudicatory power; and the control of agency action by the executive, legislative, and the judicial branches. Given the pervasive nature of government in our society, lawyers in virtually every type of practice deal with administrative agencies at the local, state, or federal level. Administrative law provides a framework to understand the basic administrative process and its control by the three branches of government.
8309 - Environmental Law
Professor: Cinnamon Carlarne
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
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.
8310 - Energy Law
Professor: Cinnamon Carlarne
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
One of the most critical challenges facing the United States and the global community is how to ensure access to safe, reliable and clean sources of energy. This class provides students with an introduction to energy law, regulation and policy in the United States. The course offers students a broad overview of the historical development of energy law and the regulation of energy markets and energy infrastructure development as well as more focused discussions of specific sources of energy and the implications of recent developments in energy law in response to increasing calls for cleaner and more diversified sources of energy as a result of concerns about climate change and over-reliance on foreign sources of energy.
8312 - Election Law
Professor: Edward B. Foley
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Constitutional Law
Means of Assessment: Take-Home Exam
We cover four major areas: (1) legislative districting; (2) nominating candidates; (2) campaign practices, including campaign financing; and (4) the casting and counting of ballots. Taking these topics in this order permits us to follow the "life cycle" of a campaign, and we use real-world examples to illustrate issues. This year (2012) we will pay close attention to the presidential election, as well as other competitive races--including those for Congress or state supreme court. We will examine the role that attorneys play in advising candidates, political parties, and others interested in the operation of the electoral process, and we will also consider the extent to which the current system needs reform (and, if so, what sorts of reforms might be advisable). Some students who have taken this class in past years have, after graduation, entered elective politics themselves and/or provided legal advice in the context of other elections.
8315 - Education Law
Professor: Charles E. Wilson
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam & Class Participation
8400 - Patient Client Care
Professor: Marya C. Kolman
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Special Notes: Class will only meet for 10 weeks
Treatment of the whole person through the analysis of the interrelated problems of actual patients/clients.
8403 - Ethical Issues
Professor: Stanley K. Laughlin Jr.
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
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
8406 - Professional Responsibility
Professor: Jonathan Coughlan
Semester: 2013 Spring
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
8406 - Professional Responsibility
Professor: Jonathan Coughlan
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: Exam and Class Attendance
Special Notes: Extra minutes are built into the schedule in case the professor -- an active attorney -- has to cancel classes for court appearances.
The student will acquire working familiarity with the Code of Professional Responsibility, Code of Judicial Conduct, and procedures governing disciplinary procedures. It covers important differences in jurisdictions other than Ohio. This will be accomplished by studying hypotheticals, case law, the Codes, and selected readings. Emphasis will be placed on the use of hypotheticals and classroom discussions for the student to recognize and resolve dilemmas stemming from legal, professional, and personal dilemmas that are likely to occur during the practice of law.
- Satisfies Legal Profession/Substance Abuse Requirement
8409 - Professional Responsibility
Professor: Arthur F. Greenbaum
Semester: 2013 Spring
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
8600 - Real Estate Finance
Professor: Robert Weiler
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
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.
8603 - Real Estate Development
Professor: Richard C. Daley
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: none
Means of Assessment: No final exam
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.
8609 - Commercial Leasing
Professor: Richard C. Daley
Semester: 2013 Spring
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.
8700 - Federal Income Tax
Professor: Donald B. Tobin
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: In-class open book
Special Notes: Second-Year Priority course
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.
8700 - Federal Income Tax
Professor: Myron C. Grauer
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
Special Notes: Second-Year Priority course
Subject areas include gross income; business and personal deductions; 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.
8706 - State and Local Tax
Professor: Barton A. Hubbard
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Course will be taught by adjunct Prof. Hubbard.
According to the Wall Street Journal, "it has become evident in recent years that the serious business of governing the United States is largely being done in the States." Yet to meet the rising demand for public services, state and local governments must raise revenue through taxes (over $1.3 trillion annually). This course is designed to introduce students to the legal and policy issues relating to state and local taxation.
In addition to covering the basic principles of state income, property, and retail sales and use taxation, the course focuses on the economic, administrative, political, and constitutional constraints on state and local taxation. The course work includes analysis of specific state and local taxes, but does not concentrate on the laws of any particular state, nor is other prior course work in taxation required.
8709 - Wills Trusts & Estates
Professor: Edward M. Segelken
Semester: 2012 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.
8709 - Wills Trusts & Estates
Professor: TBA
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
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; (6) the creation and termination of trusts ; and (7) fiduciary duties . This course provides the background in probate and nonprobate transfers that all attorneys should have.
This section of Wills Trusts Estate will be taught by Karen Moore.
8712 - Taxation of Business Enterprises
Professor: Stephanie Hoffer
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Federal Income Tax
Means of Assessment: Exam & Class Participation
We will study the basics of taxation of corporations, partnerships, and LLCs. Among other goals, this course will prepare a student to advise persons who are starting new businesses whether they should operate the business in either a corporation or flow-through entity (such as a partnership or limited liability company).
8803 - Law and Religion
Professor: David A. Goldberger
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Exam
This course examines the relation of government and religion in light of the Free Exercise and Establishment Clauses of the United States Constitution. It explores 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 is 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.
8806 - Advanced Constitutional Law: Theories & Interpretations
Professor: Edward B. Foley
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-Home Exam
This course will address the major fundamental issues concerning the role of the Constitution in our system of law and government, as well as the role of the Supreme Court as the primary institution responsible for interpreting and enforcing the provisions of the Constitution. We will examine the leading theories of constitutional interpretation, including various forms of originalism, constructivism, and "representation-reinforcing" proceduralism. We will also consider theories of stare decisis in the context of constitutional adjudication: when is it appropriate for the Supreme Court to consider itself bound by its own prior interpretations of the Constitution, even if the Court now believes the prior interpretation is incorrect? We will address the role of judicial nominations in the transformation of constitutional law and the possibility of constitutional amendments by means other than the procedure set forth in the Constitution itself (Article V). The relationship between flexibility in constitutional law and predictability as a "rule of law" value will also be explored. Our readings will be primarily law journal articles and excerpts from books, although occasionally we will refer to specific cases to illustrate the application of theoretical principles. The course is designed to give students greater insight into the deep jurisprudential issues underlying U.S. constitutional law and thus goes beyond what can be covered in a first-year course on this topic. Depending in part on student interest, readings may also include contemporaries theories of justice and their relationship to constitutional law, including feminism, libertarianism, egalitarianism, and communitarianism.
8810 - Public Health Law
Professor: Todd G. Guttman
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-Home Exam
Selected issues in healthcare and clinical research; professional relationships in healthcare, the obligation to provide care, medical malpractice, healthcare privacy, end-of-life and other ethical issues, the business structure and regulation of the health care industry, healthcare fraud, abuse and antitrust, and the regulation of clinical research.
8815 - Law and Social Science
Professor: Tanya J. Poteet
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: papers and presentation
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.
This course provides 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.
8818 - Sports Law
Professor: Greg Kirstein
Semester: 2013 Spring
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.
8827 - Law and Economics
Professor: Guy A. Rub
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: A final open book exam and class participation
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? What is the socially appropriate punishment for a crime? Why do we even need the law of contract? What are the purposes of default rules?
8896.02 - Sem: Supreme Court Litigation
Professor: The Honorable Jeffrey S. Sutton
Semester: 2012 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.
8896.03 - Law & Genetics
Professor: Ellen E. Deason
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Take-home exam OR paper
Special Notes: Note that this class is NOT a seminar.
This class provides an opportunity to examine the process by which law responds to rapid changes in scientific knowledge and technology and also the ways in which law affects the course of scientific development. In addition to gaining a perspective on this interaction between the development of law and science, the course aims to give students an understanding of the wide range of legal and policy issues involving genetics. These include topics in criminal law and procedure, employment and insurance discrimination, privacy, health and medicine, reproductive technologies, intellectual property, and environmental and food safety, and torts. In addition to traditional in-class discussion of the reading materials, we will watch and discuss the film GATTACA, which depicts a future world of genetically-engineered enhanced humans.
As the list of topics suggests, the course is in some ways a survey, in that it ranges across many areas of law. Based on your interests, experience, and prior classes you may want to delve into an area more deeply than we can do in class. Therefore, you will have an option to satisfy your secondary writing requirement with a 12-15 page paper that examines a topic related to the course. Alternatively, you may choose to write a take-home exam. The format for the exam is designed to give you flexibility within the exam period. You will have about 10 days to complete it and the question(s) will have word limits.
8896.04 - Sem: Food & Drug Law
Professor: Todd G. Guttman
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class presentation and required paper
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.
8896.05 - Sem: Anthropology and the Law
Professor: Stanley K. Laughlin Jr.
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper, Presentation, Class Participation
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. Attention will also be paid to physical anthropology including forensic anthropology.
8896.06 - Sem: Ethics & ADR
Professor: Christopher M. Fairman
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? Yes
Prerequisites: None
Means of Assessment: final paper
This course offers both a survey in professional responsibility and in-depth application of the law governing lawyers to alternative dispute resolution (ADR). Grading is based on a pass/fail exam over the basic provisions of the Model Rules of Professional Conduct and a substantial research paper involving a legal ethical issue as applied to the ADR context.
- Satisfies Substance Abuse Requirements
8896.08 - Sem: Law, History, & Philosophy
Professor: Howard P. Fink
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
The history of American law and legal institutions, and their relationship to society, from the Reconstruction era through recent past.
8896.11 - Sem: Jurisprudence
Professor: Steven F. Huefner
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Paper
Special Notes: Course name is Sem: Jurisprudence
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.
8896.11 - Sem: Race and Crime
Professor: Sharon L. Davies
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
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.
8896.11 - Sem: Law of Disability Discrimination
Professor: Ruth Colker
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Students will complete a substantial written project on a topic covered by the Americans with Disabilities Act. Students can write a traditional seminar paper on a topic of their choice or work with Ohio State’s ADA Coordinator to conduct an accessibility study of a university building. The seminar will emphasize the acquisition of knowledge of the ADA through traditional statutory and case law analysis. The professor will work with each student individually to pick a seminar topic or site to conduct an accessibility study.
8896.12 - Sem: Sexual Violence and the Law
Professor: Marc Spindelman
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: Not open to students with credit for 796.21L.
This seminar examines various theories of sexuality—both cross-sex and same-sex—and how they relate to notions of “sexual violence,” “sexual injury,” and “sexual harm.” How should these injuries be defined, and what efforts should (or must) the State undertake to regulate or eliminate them? Should sex-based harms be regulated by the State at all? If not the State, are there other forms of social regulation of sex-based injuries that should (or must) be pursued? Or are these regulations outweighed by their costs? Are cost-benefit analyses even appropriate to this particular domain of law and legal regulation? What other approaches to sex-based harms might be embraced and pursued? This seminar should be of interest to anyone interested in gender and sexual equality, the law governing rape (including marital rape), sexual harassment, trafficking, child sex abuse, marriage, or domestic violence, or other forms of sex-based harm like “gay bashing” or bullying, as well as to anyone interested in ideas of sexual liberty, liberation, and freedom. The course will primarily focus on legally relevant, non-case materials. Though the seminar will draw heavily on theory, considerable time will be spent unpacking and understanding how to apply the ideas in the materials assigned. A background in feminism or feminist theory or LGBT studies or queer theory may be helpful, but certainly is not necessary. Please feel free to contact the instructor with any questions.
8896.14 - Sem: Tax Policy
Professor: Stephanie Hoffer
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: Federal Income Tax; Not open to students with credit for 796.41L.
This course draws upon philosophy, economic theory, and political science to explore fundamental questions about the distribution of wealth in society. Using these constructs, the class will compare existing and proposed systems of taxation from both the United States and abroad, and it will highlight the tension inherent in the underlying goals and the effects of these systems. We promise that you will never think of tax in the same way again. The class will be graded on the basis of participation and a series of short papers. A basic understanding of federal income tax is helpful but not required.
8896.17 - Sem: Consumer Law
Professor: Creola Johnson
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Consumer credit; statutory and judicial regulation, with particular emphasis on the problems of the poor consumer.
8896.18 - Sem: Disputed Elections
Professor: Edward B. Foley
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: Not open to students with credit for 796.58L
Means of Assessment: Seminar Paper
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 dud 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 past three years have already proved extremely valuable in this way.
8896.19 - Sem: Evidence in Trial Practice
Professor: The Honorable Edmund A. Sargus Jr.
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: Evidence
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 a prerequisite to the seminar and can not take it concurrently with this seminar.
8896.21 - Sem: Intnl Intellectual Property
Professor: Daniel C.K. Chow
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Exploration of current and emerging problems in the law of intellectual property.
8896.24 - Sem: State Constitutional Law
Professor: The Honorable Jeffrey S. Sutton
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: paper
In this seminar, students will be required to participate in class discussions and write two papers. Students will also be required to prepare a brief class presentation to be delivered in a format that is intended to be genial but adversary. The course is about “state constitutional law.” It will not specifically teach Ohio constitutional law, though some illustrations of the various principles may come from Ohio law. Instead, the subject is a general examination of state constitutional law and its proper role in the fabric of American law. Thus we will inquire into how state constitutional law may be interpreted and applied in the federal and state courts. We will consider its proper place in the hierarchy of federal and state laws that control specific situations, and its practical effects on cases. We will compare the constitutional structures of the state governments, both to one another and to the federal government, and consider how these differences affect issues of structural state constitutional law. We also will examine the rights protected in the Federal Constitution. This last issue has given rise to an especially fertile debate in the last decade. Different views have been expressed about the responsibilities of state courts interpreting state constitutional provisions whose language is identical or closely similar to their counterparts in the Federal Constitution, and about the weight that state courts should give in this regard to the United States Supreme Court’s interpretations of federal constitutional provisions.
8896.25 - Sem: Law of Africa
Professor: John B. Quigley
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: paper
Focuses on Africa, both the domestic law of the various countries of Africa, and international-legal issues relating to Africa. Paper may deal with legal issues in a particular country, legal issues relevant continent-wide or region-wide, international conflicts between African states or between African and non-African states, issues of continent-wide significance such as ecological, species protection, health, food security, economic security.
8896.26 - Sem: Critical Race Theory
Professor: Vincene Verdun
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Research Paper, Presentation to Class
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
8896.27 - Sem: Middle East Conflict
Professor: John B. Quigley
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: paper
Analysis of the Israeli-Palestinian conflict from the standpoint of legal issues involved, using this conflict as an example of interntional conflicts. Papers may deal with particular legal issues or with dispute resolution issues.
8896.29 - Sem: Computer Crime & Surveillance
Professor: Ric Simmons
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: No prerequisites, but Criminal Procedure: Investigations is recommended
Means of Assessment: The students' final grades will be based on their paper, a class presentation based on their paper, and overall class participation.
This course explores the legal and policy issues that judges, legislators, prosecutors and defense counsel confront in response to computer-related crime and computer-related surveillance. In particular, it considers how conduct in cyberspace challenges traditional approaches to the investigation, prosecution and defense of criminal conduct in physical space. Topics include: applying the Fourth Amendment in cyberspace, statutory laws regarding internet surveillance, computer hacking, computer viruses, worms and Trojan horses, defining what cyber conduct should be criminalized and identifying appropriate sanctions, online economic espionage, cyberterrorism, and civil liberties online. Students will be expected to write a paper on an approved topic and present their paper to the class.
8896.30 - Sem: Advanced Family Law
Professor: Marc Spindelman
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
This seminar provides students with an opportunity to explore the complexities and future of Family Law. What is the field of Family Law about, and where did it come from? What are Family Law’s boundaries as field of “law” and legal studies? What other academic and professional disciplines does Family Law intersect with? How do those adjacent fields see and understand “the family” in ways that are useful, even indispensable, to what Family Law is and should be doing? Within Family Law itself, what conventional subjects does it focus on and privilege, and what subjects does it de-emphasize or leave out, and with what effects? Along similar lines, what topics are considered topics of and in Family Law, with what sorts of consequences for studying Family Law as a field of regulation? After exploring these various features of Family Law, the Family Law canon will be reconsidered in a fresh light, with an eye toward future directions of the field.
8896.31 - Sem: Capital Markets
Professor: Steven M. Davidoff
Semester: 2012 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.
8896.32 - Sem: 14th Amendment
Professor: The Honorable Ransey Guy Cole Jr.
Semester: 2013 Spring
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.
8896.33 - Sem: Federal Death Penalty Habeas
Professor: The Honorable Ransey Guy Cole Jr.
Semester: 2012 Autumn
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
The seminar will address how federal courts address habeas claims as they arise in the context of capital cases. The course will be divided into three sections: first, we will discuss “the great writ” generally, including a review of pre-AEDPA jurisprudence, the passage of AEDPA, and how the writ has evolved over the last decade; second, we will discuss the procedural issues involved in addressing habeas claims post-AEDPA, including state exhaustion, statutes of limitation, and procedural default; and third, we will discuss some of the substantive issues raised in many of the capital cases heard in federal courts, such as ineffective assistance of counsel, prosecutorial misconduct, and Brady violations. The readings will consist mostly of Supreme Court cases, Sixth Circuit cases, statutory materials, and law review articles.
8896.34 - Sem: Doing Business in China
Professor: Daniel C.K. Chow
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
This seminar will examine how multinational companies (MNCs) do business on the ground in China. The course will examine how MNCs set up a wholly or partially owned subsidiary in China, such as a wholly foreign owned enterprise or a joint venture. We will also examine most of the major issues for MNCs that have set up operations in China: corporate reorganizations and mergers and acquisitions; labor and employment; technology transfer and intellectual property; real estate; and tax issues. The course will also look at recent political and economic issues in China and the effect of culture on doing business in China.
8896.36 - Sem: Public Utilities
Professor: Samuel H. Porter
Semester: 2013 Spring
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.
8896.40 - Sem: Hot Money
Professor: Dale A. Oesterle
Semester: 2013 Spring
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.
8896.41 - Sem: Civil Rights
Professor: Sharon L. Davies
Semester: 2013 Spring
Second Writing Requirement? Yes
Seminar? Yes
Professional Responsibility? No
Prerequisites: None
Means of Assessment: Class Participation, Student Presentations, Final Paper
Civil rights is largely about who belongs to the polity and part of the national community and what rights and benefits attach to such belonging. Who belongs and the rights accorded or denied associated with that membership is law of civil rights. Civil rights law however, does not just distribute rights but is also important in the constitution of the legal subject and in the making of public and private identities. This course will survey the history of civil rights laws and issues with a strong focus on race and ethnicity. It will also look at other categories such as gender and age. The development of civil rights law will be explored by studying a number of legal doctrines such as housing, public accommodation, education, employment, voting, and the criminal justice system. The course will look at development of constitutional doctrines such as anti-discrimination, color blindness, and anti-subordination to see if these doctrines satisfy the evolving aspiration of belonging.
8950 - DPIR: Corp Governance Law
Professors: Dan D. Sandman / James Johnson
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Prior completion of or concurrent enrollment in Business Associations required
Means of Assessment: paper
Special Notes: One credit; Course Dates TBA
This course examines the role of in-house counsel in a major U.S. corporation. Topics of study include corporate organization, litigation management strategies, legal compliance, attorney-client privilege, the role of the Corporate Secretary, annual reports and annual meetings, among others. Prof. Sandman will be joined by James Johnson ‘72, who served as chief legal officer for Procter & Gamble from 1991 until his retirement in 2008. Prior completion of or concurrent enrollment in Business Associations is required.
8953 - Capstone: The Employment Litigation Problem
Professor: James E. Davidson
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Third Year students only
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.
8953 - Capstone: The China Problem
Professor: Robert J. Miller
Semester: 2012 Autumn
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Third Year students only; Business Associations is a prerequisite
Special Notes: Business Associations is a prerequisite for this course
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.
8953 - Capstone: Lost in Translation: Can Your Client Hear You?
Professor: Patricia Hatler
Semester: 2013 Spring
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: Third Year students only
In legal practice, particularly legal practice in a large company in-house legal department, issues rarely present themselves in neat packages, one a time. Instead, events and decisions often arise quickly. They present themselves as a tangled whole - many issues, complex interrelationships, and conflicting implications. They usually involve multiple legal issues. Often, they must be responded to on a schedule not of the attorney’s making. An attorney’s ability to handle critical communications with multiple audiences is critical to determining the client’s reaction to an event or situation.
The course is based on a hypothetical case study of an insurance company reacting to events in a southern coastal state following Hurricane Katrina in 2006. The hypothetical company is named United States Insurance Company, Inc. (“USIC”), and the hypothetical state in the southern United States is named Southern State. The background facts and issues will be real issues faced by the insurance industry in the post-Hurricane Katrina time frame, but the specifics of the operations and issues for the company and the state will be hypothetical.
The class is structured as seven, 100-minute classes. The first class is an overview of the industry, operational issues, and legal issues necessary to complete the work for the other six sessions of the class. The rest of the classes cover communications with varied constituencies relating to the case study (ex: Board of Directors, senior corporate executives, regulators, Congress, and the media.) Four of the classes will involve written and oral communication opportunities for a portion of students. One class will involve real time reaction to unplanned media inquiries. The final class will be an informative post-script that moves out of the hypothetical case study to actual, post-Katrina legal, public policy, and media events. It will also include a substantial debrief on the communications topics explored in the other classes. Every class will include group discussion and feedback.
First class will meet Thursday, Jan. 10, 2013. The remaining meeting dates are Jan. 24, Feb. 14, Feb. 28, March 7, March 28, and April 4.
8964 - Lawyers as Leaders
Professor: Garry W. Jenkins
Semester: 2013 Spring
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.


