• Accounting for Lawyers
  

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

• Administrative Law
  

  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.

• Banking Law
  

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

• Bankruptcy Law
  

  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.

• Business Associations
  

  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.

• Business and Tax Legal Research
  

  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.

• Commercial Leasing
  

  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.

• Commercial Paper
  

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

• Contract Drafting
  

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

• Contracts
  

  Remedies for breach; offer and acceptance; consideration; third-party beneficiaries; assignment of rights and delegation of duties; conditions; impossibility and frustration; statute of frauds. This course is graded over the course of fall and winter semester, with a midterm exam in November.

• Corporate Finance
  

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

• Federal Antitrust Law
  

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

• Federal Income Taxation
  

  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.

• International Business Transactions
  

  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.

• Insurance Law
  

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

• International Tax
  

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

• International Trade
  

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

• Mergers & Acquisitions
  

  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.

• Nonprofit Organizations
  

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

• Real Estate Finance
  

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

• Sales
  

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

• Secured Transactions
  

  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.

• Securities Regulation
  

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

• Small Business and Entrepreneurial Finance
  

  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.

• Taxation of Business Enterprises
  

  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). Prerequisite: Federal Income Taxation.

• Courses taught by Distinguished Practitioners in Residence (see 2010-11 offerings)

• Criminal Law
  

  Justifications for regulating behavior through criminal sanctions, how laws are crafted to reach the intended behavior, and issues of culpability, mens rea, and excuses.

• Criminal Law Defenses Seminar
  

  This seminar explores the moral underpinnings of, and controversies regarding, criminal law defenses. During the first half of the semester, through substantial assigned reading materials (all articles, no cases), the focus is on the nature of criminal law defenses generally, and the theoretical but all-important concepts of "justification" and "excuse" more specifically. There will also be readings on the provocation defense (why do we have the defense?; should it be abolished?; and discussion, pro and con, of permitting the defense in cases of nonviolent homosexual advances), as well as battered women who kill their abusers. Each student will also write a substantial research paper on some aspect of criminal law defenses. Students will select a paper topic from a long list of possible areas of research provided at the first class session. The topics relate to proposed new defenses (e.g., euthanasia; cultural defense; "rotten social background" defense); existing defenses; and concepts of justification and excuse. During the second half of the semester, students will report to the class on their chosen topic. The completed paper will be due at the final class session of the semester (before the examination period). Attendance at first class session is critical.

• Criminal Procedure: Adjudication
  

  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.

• Criminal Procedure: Investigation
  

  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.

• Criminal Sentencing
  

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

• Evidence
  

  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.

• International Criminal Law
  

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

• Sexual Violence and the Law Seminar
  

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

• White Collar Crime
  

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

• Copyright
  

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

• Copyright in the 21st Century
  

  This seminar will examine some of the major controversies and issues in copyright law, including (i) updating the Copyright Act for the digital world, (ii) the growth of user-generated content and remix culture, (iii) the role of intermediaries such as YouTube and Google, as in the Google Book Search settlement, (iv) how music file-sharing should be handled, and (v) whether fair use needs to be changed or clarified in some way so that the public can know in advance what constitutes a fair use. Requirement: to enroll in this seminar, students must be currently enrolled in the basic copyright course or have already taken the copyright course. Students who do not meet this requirement can enroll if permission is received from the professor.

• International Intellectual Property
  

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

• Introduction to Intellectual Property
  

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

• Patent Law
  

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

• Patent Prosecution
  

  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.

• Privacy & Cyberspace
  

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

• Property
  

  Acquisition, incidents, and transfer of ownership; possessory, concurrent, marital, and future interests, and contractual modification of these results.

• Trademark
  

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

• Comparative Dispute Resolution
  

  The course examines the primary methods for resolving legal disputes other than a trial: negotiation, mediation, arbitration and their hybrid combinations. Students will analyze the strengths and weaknesses of using these processes to resolve domestic and international disputes involving employment, family, commercial and public policy issues; examine how different cultural settings influence process design; and compare professional codes of conduct that govern participant behavior.

• Foreign Relations Law
  

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

• Immigration Law
  

  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.

• International Business Arbitration
  

  International arbitration is the primary method of resolving disputes that arise out of international business transactions. The course examines the international arbitration process and the legal framework of private contract, national law, and international treaties in which it operates. The course is relevant to lawyers with either a transactional or a litigation practice in an increasingly globalized world. Through a negotiation and drafting exercise, students will explore the strategic choices involved in creating an arbitration agreement for an international business relationship. Other topics covered will include: problems in international litigation that motivate the use of arbitration; the authority of arbitration tribunals; duties and selection of arbitrators; international arbitration procedures and the influence of national litigation systems; and the confirmation, setting aside, and enforcement of arbitral awards by national courts.

• International Criminal Law
  

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

• International Business Transactions
  

  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.

• International Dispute Resolution
  

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

• International Human Rights
  

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

• International Intellectual Property Law
  

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

• International Law
  

  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.

• International Tax
  

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

• International Trade
  

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

• Law in Africa Seminar
  

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

• Middle East Conflict Seminar
  

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

• ADR in the Workplace
  

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

• Advanced Studies in Dispute Resolution
  

  In this course, you will learn about dispute system design and apply what you have learned to consult with government and non-profit entities that seek to design or revise dispute resolution systems. The course resembles a clinic in the sense that the work will depend on the needs of these clients but differs because we will not provide legal representation. Students will have in-class assignments as well as memos and other work products for these entities seeking our assistance. (See an example of a past class project done to assist the Supreme Court of Ohio Dispute Resolution Program). Past classes or individual students within a class designed a curriculum in cross-cultural negotiation for Air Force officers, proposed a model mediation program for Ohio administrative agencies, helped to design and drafted a proposal to fund a mediation program for a Common Pleas Court, and wrote a manual on mediation of issues related to children and families for Ohio courts. The course will meet the Advanced Studies requirement for the Dispute Resolution Certificate and the second writing requirement; it does not meet the seminar requirement unless special arrangements are made with the instructor to structure the work differently. The course is open to 3Ls who have taken at least one dispute resolution course and others by instructor permission. The course is scheduled over the year to accommodate the need to help a client over a longer period, although no class sessions are scheduled for spring semester. If there are special needs to earn all 3 credit hours during fall semester, please contact the instructor for permission to do so.

• Arbitration
  

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

• Comparative Dispute Resolution
  

  The course examines the primary methods for resolving legal disputes other than a trial: negotiation, mediation, arbitration and their hybrid combinations. Students will analyze the strengths and weaknesses of using these processes to resolve domestic and international disputes involving employment, family, commercial and public policy issues; examine how different cultural settings influence process design; and compare professional codes of conduct that govern participant behavior.

• Dispute Resolution: Theory & Practice
  

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

• Ethics & ADR
  

  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.

• Ethnic Conflicts Seminar
  

  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.

• International Dispute Resolution
  

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

• Issues in Arbitration
  

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

• Mediation Practicum
  

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

• Middle East Conflict Seminar
  

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

• Multiparty Mediation Practicum
  

  This course examines the legal, ethical, and policy issues that arise when using the mediation process to resolve multi-party controversies. Students work with the professor and staff attorney as neutral interveners in the development of party engagement protocols, problem definition, and mediated negotiations for multi-party disputes. In addition to the applied work, each student must write an analytical paper that examines an important policy issue or critiques a significant work of scholarship in the field and submit several smaller writing projects. Students who have taken the Mediation Practicum/Seminar may not take this course.

• Negotiation
  

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

• Administrative Law
  

  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.

• ADR in the Workplace
  

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

• Arbitration
  

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

• Employment Discrimination
  

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

• Employment Law
  

  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.

• Labor Law
  

  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.

• Law of Disability Discrimination
  

  This four credit course primarily covers the Americans with Disabilities Act ("ADA"). Students interested in learning about the law of special education should take the Special Education Practicum. This course covers employment discrimination, public entity discrimination, and public accommodation discrimination under the ADA. In addition, students will learn how to conduct an accessibility audit and mediate the results from such an audit. Students will be divided into teams and assigned buildings to audit at The Ohio State University. Students will then seek to attain a voluntary resolution of the problems they discover through live negotiation with the responsible officials at OSU. One day of each week for this course will be a two-hour segment in which students will learn skills related to conducting an accessibility audit and negotiation. The other two days of the course will be devoted to standard case law material. The course will count towards two credits of the Certificate in Alternative Dispute Resolution. The enrollment is limited to twenty students.

This option provides the student with an opportunity to create a customized concentration. The student will work with either the Assistant Dean or Faculty Director to design the concentration; the customized concentration must be approved by the Faculty Director.