COURSE DESCRIPTIONS                                                          LAW 2003-2004


The purpose of this publication is to acquaint students with upper-level courses scheduled for the 2003-2004 academic year. Students with further questions concerning a particular course should consult the instructor teaching that course or other courses in the area of interest. Students are also encouraged to consult with Associate Dean Northern or Assistant Dean Kapur in the College Office. All courses in the second- and third-year curriculum assume all first-year courses as prerequisites. Students who have not completed the entire first-year curriculum should make specific inquires regarding necessary prerequisites.


All second-year students must take the 600 Appellate Advocacy course. All courses except 603 Evidence, 606 Federal Income Tax, 607 Business Associations, and 694 Civil Procedure II, have a third-year priority FOR ENROLLMENT, meaning that if the course is over-subscribed, third-year students will be admitted to the course before second-year students. In the case of the four courses mentioned above (603, 606, 607, and 694), the reverse is true. Third-year students will be closed out in favor of second-year students if the class is over-subscribed.


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



 

600 (02)                      APPELLATE ADVOCACY I - BEAZLEY

REQUIRED FOR ALL SECOND-YEAR STUDENTS

PREREQUISITE: 502

Procedural and substantive aspects of appellate practice; the student prepares a brief and presents an oral argument on the basis of assigned resource materials and original research. The course is offered in the third semester of the law program and is required for graduation.

PAPER AND CLASS PARTICIPATION

 

601 (03)                      ADVANCED LEGAL WRITING - BEAZLEY

PREREQUISITES: 502, 600

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

PAPERS AND CLASS PARTICIPATION

LIMITED ENROLLMENT

SATISFIES SECOND WRITING REQUIREMENT

 

603C (04)                   EVIDENCE - CARLSON

603S (04)                    EVIDENCE - SIMMONS

This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, including primarily 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 introduction of opinion evidence, foundation and authentication requirements, and the law of privileges. The class is taught by a combined case and problem method. Armed with rules under study, students acting “in role” as counsel will attempt to introduce various items into evidence, while peers struggle to keep the evidence out.

EXAM

SECOND-YEAR PRIORITY COURSE

  

605 (03)                      COMMERCIAL PAPER - VERDUN

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 topics covered in the year-long Commercial Law course (659). Students who take Commercial Paper cannot take Commercial Law, and vice-versa.

EXAM: ESSAY AND/OR SHORT ANSWER–OPEN BOOK

 

606S (04)                    FEDERAL INCOME TAX - JONES

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.

EXAM

SECOND-YEAR PRIORITY COURSE

 

606T (04)                   FEDERAL INCOME TAX - TOBIN

The course provides an introduction to the basic principles of Federal Income Tax. The principal subject areas include: (1) characteristics of income (what is included in income); (2) allowable deductions and exemptions; (3) timing issues; (4) income splitting; (5) preferential tax provisions including capital gains; and (6) brief examination of other methods of taxation including consumption tax and flat tax proposals. This course will provide a background that will allow student to recognize tax problems that may arise while practicing law. In addition, the course will emphasize those tax provisions and problems that often arise during the practice of law. The course will also prepare interested students for advanced tax and business courses.

EXAM: OPEN BOOK

SECOND-YEAR PRIORITY COURSE

 

607O (04)                   BUSINESS ASSOCIATIONS - OESTERLE

 This is an introductory course that covers the basic principles of agency, partnership, and corporate law. It considers issues relating to the selection of a business form (i.e., corporation, partnership, limited partnership or limited liability company) as well as the formation, financing, operation and control of business organizations. The class will cover Delaware General Corporate Law, the Revised Model Business Corporations Act, the Revised Uniform Partnership Act, the Revised Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act. Principal focus will be on conducting business in the corporate form. Topics discussed will include the fiduciary duties of officers and directors, as well as shareholders’ rights (including the right to pursue derivative actions). Time permitting, the course will also consider issues relating to the registration and distribution of securities.

EXAM

SECOND-YEAR PRIORITY COURSE

 

607S (06)                    BUSINESS ASSOCIATIONS - SHIPMAN

3 HOURS FIRST SEMESTER, CONTINUED FOR 3 HOURS SECOND SEMESTER

This course--which is beneficial for any lawyer--begins by covering agency and partnerships in some depth, for agency and partnership principles pervade the law and our society. Most of the work of the world is done by agents (e.g., employees) working for principals (e.g., employers). Agents have the capacity to change their principal’s legal relations with third parties (e.g., respondent superior liability), an awesome power. Partnerships are simply mutual agencies. One who sues will usually carefully consider whether to sue the agent, the principal, or both; the answer usually depends on agency law. And corporations can, of course, act only through human agents--the corporation’s officers and employees. As a final example of the sweep of agency law, note that franchising law is, in considerable part, built upon agency law. Moreover, agency law superbly illustrates the “connectedness” of life and the law, as one analyzes the triangle of agent/principal/third party and adds to that other parties such as insurers. Limited liability companies and Registered Partnerships are covered in an introductory way, for these new forms of business associations will have great importance in the future. About two-thirds of the course is devoted to the business corporation--formation, operation, and fiduciary duties. The course is designed to give a student sound introduction to most office practice and planning issues, as well as most litigation considerations. A substantial part of the course is devoted to the extensive federal law in the area, but most of the course covers state law, which predominates in the business associations area. Most coverage of state law is devoted to Ohio law, though considerable Delaware law is also surveyed. Among the statutes that are a part of the course materials are prints of Chapters 1701 and 1707 of the Ohio Revised Code. The course assumes NO prior knowledge of economics, business, finance, or accounting. We build from the ground up; and we study finance, economics, etc., only as they interest a judge, legislator, regulator, administrator, or practicing lawyer. 

The December exam (25% of your grade) will cover work in the first semester. The final exam (75% of your grade) will cover the whole course. There are no papers or memoranda. We will use a standard casebook and book of statutes and offset materials. The course is quite operational, planning-oriented, tactical, pragmatic, and transactional, although we also cover traditional legal doctrine, analytical, and policy matters. This reflects the real world.

This course involves a great deal of reading, and students will have to integrate various doctrines and practical considerations--a reflection of what a lawyer actually does. Moreover, statutes and regulations--as well as caselaw--are common in this course, as is true in life. On the other hand, the course is not nuclear physics. The course requires only considerable constancy of effort in preparation--and in integration and review.

EXAMS: AT END OF EACH SEMESTER AND CLASS PARTICIPATION

SECOND-YEAR PRIORITY COURSE 

 

607V (04)                   BUSINESS ASSOCIATIONS - VERDUN

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.

EXAM, CLASS PARTICIPATION, AND DISCUSSION

SECOND-YEAR PRIORITY COURSE

 

609 (03)                      SALES - GARVIN

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. NOTE: Sales is one of the topics covered in the year-long Commercial Law course (659). Students who take Sales cannot take Commercial Law, and vice-versa.

EXAM

 

610 (03)                      SECURED TRANSACTIONS - C. JOHNSON

This course is concerned with credit that is secured by security interests in personal property. It is focused on Article 9 of the Uniform Commercial Code, but also considers a number of other statutes, including significant parts of the Federal Bankruptcy Code. One who buys a car on credit commonly secures his or her promise to repay the amount of the credit plus a finance charge by granting the creditor (the selling dealer, or a bank or finance company) a security interest in the car being purchased. The course explores such security interests in consumer goods, as well as security interests in business equipment, farm products, shares of stock, merchant inventory and accounts receivable, and other personal property. Among the topics considered are, filing to give constructive notice of security interests, repossession and foreclosure, and a secured party’s right as against various third parties, including purchasers from the debtor, other creditors of the debtor, governmental units to which the debtor owes taxes, and the debtor’s trustee in bankruptcy.

 NOTE: Secured Transactions is one of the topics covered in the 6-hour Commercial Law course (659). Students who take Secured Transactions cannot take Commercial Law (659) and vice-versa.

EXAM

 

611 (03)                     DEBTOR/CREDITOR - WHALEY

A study of state and federal law regulating the collection of debts, with a primary focus on the Bankruptcy Act of 1978 and related statues.

EXAM

 

613 (04)                      EMPLOYMENT LAW - BRUDNEY

State and federal regulation of the employment relationship, examined in common law, statutory, and constitutional settings. Subjects covered include negligent hiring and retention; invasion of privacy (searches, drug-testing, polygraphs, freedom of association away from work); legal protection for employees against wrongful discharge; covenants not to compete; job loss through plant closings or mass layoffs; unemployment insurance; some introductory ERISA issues; the employer’s duty to provide a safe workplace (Occupational Safety and Health Act); and compensation for employees injured on the job (workers’ compensation). The course does not cover union-management relations or employment discrimination law.

EXAM AND CLASS PARTICIPATION

 

614 (04)                      LABOR LAW - WILSON

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. 

EXAM

 

619 (03)                      INTERNATIONAL LAW - QUIGLEY

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.

EXAM: PART ESSAY, PART OBJECTIVE

 

621 (04)                      REAL ESTATE FINANCE - BRAUNSTEIN

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.

EXAM 

 

623 (04)                      FEDERAL ANTITRUST - MEEKS

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.

EXAM AND CLASS PARTICIPATION

PROBABLY TAKE-HOME EXAM--OPEN BOOK

 

625 (03)                      COPYRIGHT - HALPERN

TEACHING METHOD: mixture of lecture and Socratic method.

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.

EXAM

 

628 (02)                      ACCOUNTING FOR LAWYERS - SAMANSKY

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

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

EXAM

 

634 (03)                      CHILDREN AND THE LAW - FEDERLE

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

EXAM, SHORT PAPER, SIMULATION, CLASS PARTICIPATION, AND ATTENDANCE

 

635 (03)                      FAMILY LAW - SPINDELMAN

In this introductory course, we will consider aspects of the law of “the family,” including state efforts and authority to regulate its creation, maintenance, and dissolution. Topics may include: marriage, annulment, dissolution, divorce, reproduction, property, privacy, and inequality.

EXAM AND CLASS PARTICIPATION

 

636 (04)                      DISABILITY DISCRIMINATION - COLKER

This course will cover the Americans with Disabilities Act, including Title I (employment), Title II (public entities), and the Title III (public accommodations). We will spend two hours per week studying these three basic titles of the ADA. We will use the additional two hours to develop practical skills that are useful in the practice of disability discrimination law.

Students will be able to participate in one of two practical assignments during the course. Some students will perform an accessibility audit at Ohio State University. These students will also be given an opportunity to act as advocates during mediation. Other students will engage in volunteer work on behalf of children with disabilities who qualify for assistance under the Individuals with Disabilities Education Act. These students will conduct this work with the Ohio Department of Education. After students have registered for the course, they will be contacted to indicate whether they prefer the accessibility or education practical assignments.

Grades will be determined based on a self-directed take-home exam and the students’ practical work. The course is open both to second and third year law students. This course meets the second, non-seminar upperclass course writing requirement because of its skills orientation.

 

640 (03)                      CRIMINAL PROCEDURE: EVIDENCE GATHERING - BERMAN

Criminal Procedure-Evidence Gathering is one of two criminal procedure courses offered by the College of Law. The Evidence Gathering Criminal Procedure 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.

EXAM AND CLASS PARTICIPATION




 

641 (03)                      CRIMINAL PROCEDURE: ADJUDICATION - DRESSLER

This course studies the process of the criminal justice system from after the time of arrest through trial, verdict, sentencing, and appeal. 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: Evidence Gathering and from Criminal Punishment and Sentencing, and can be taken with or without those courses.

EXAM - OPEN BOOK

 

648 (03)                      LAND USE PLANNING - MURPHY

Land use has always been subject to legal restrictions to greater or lesser degree. This course will deal with restrictions imposed by public authorities–federal, state, and local–on what may, must, or cannot be done with land or some interest closely related to land. It will also deal with long-term, private restrictions on land of the kind often called private legislation and which are occasionally publicly enforceable.

EXAM

 

656J (03)                    WILLS, TRUSTS & ESTATES I - B. JOHNSON

656S (03)                    WILLS, TRUSTS & ESTATES I - JONES

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; (6) the creation and termination of trusts; (7) the particular rules applicable to charitable trusts; and (8) the duties of trustees, executors, and other fiduciaries.

EXAM AND CLASS PARTICIPATION.

 

657 (03)                      CONSUMER LAW - WHALEY

This course surveys modern case law and statutes that protect consumers from unfair and deceptive practices, with some emphasis on Ohio consumer protection law. Topics will include common law tort and contract remedies; examples of specific consumer statutes such as automobile lemon laws; certain financial services laws such as the Truth in Lending Act; and theories imposing liability on financing entities and related companies. There are no prerequisites. A final examination is required for all students..

              

659 (06)               COMMERCIAL LAW-WHALEY

3 HOURS FIRST SEMESTER, CONTINUED FOR 3 HOURS SECOND SEMESTER

The course covers the Uniform Commercial Code in depth as well as related statutes and treaties. It duplicates the subject matters of the course in Sales, Commercial Paper, and Secured Transactions, and is not open to anyone who has taken one or more of those courses.

EXAM AT THE END OF EACH SEMESTER; FINAL GRADE AT END OF SECOND SEMESTER

 

694C (03)                   CIVIL PROCEDURE II - CAUST-ELLENBOGEN, AU

694G(03)                    CIVIL PROCEDURE II - GREENBAUM, WI

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.

SECOND YEAR PRIORITY COURSE

EXAM


 


694P (02)                    LAW AND SOCIAL SCIENCE - POTEET

The primary purpose of this course is to introduce students to basic social science methods so that they can evaluate critically the increasing number of law-related studies using those methods. The course does not attempt to train students to conduct their own empirical studies, but rather to become critical consumers of studies prepared by others. During the second half of the semester, the course also examines the use of social science in several legal contexts. Students need no background in social science research or statistics to take this course; the course starts with the basic concepts. On the other hand, students with some training in social science or statistics are also welcome to take the course; the course materials build upon that previous training by integrating law and social science.

 

700.01 (02)                 INTERPROFESSIONAL CARE - KOLMAN

THIS COURSE IS ON THE QUARTER SCHEDULE AND BEGINS WEEK OF JANUARY 7, 2004  

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

PAPER

SATISFIES SECOND WRITING REQUIREMENT

 

700.03 (02)                 INTERPROFESSIONAL ETHICAL ISSUES - LAUGHLIN

THIS COURSE IS ON THE QUARTER SCHEDULE AND BEGINS WEEK OF - SEPTEMBER 24, 2003

This course brings together students and faculty from several professional schools and colleges--Allied Medicine, Education, Law, Medicine, Social Work, and Theology--to discuss ethical issues that concern all of the involved professions. A case study method is used. Areas of recent study: (a) privacy and confidentiality, including privileged communication between professionals and their patients or clients; and (b) legal, medical, and ethical issues generated by alternative forms of procreation, such as surrogate parenting, in vitro fertilization, genetic engineering, cloning, etc. We consider such questions, as when, if ever, a professional is justified in breaking the confidence of a client or patient.

THIS COURSE IS GRADED S/U

SATISFIES SECOND WRITING REQUIREMENT

(The course can be taken for SEMINAR credit with the selection of any appropriate topic and the permission of the instructor. Seminar students must write a research paper as well as meet other course requirements. Students taking the course for seminar credit will receive a grade.)

 

703 (03)                      LEGAL NEGOTIATIONS - STULBERG

Study of the theory, law, and practice of transactional and settlement negotiations. Selected topics include: relationship of bargaining concepts to democratic theory; adversarial versus problem-solving negotiating frameworks; distributive versus integrative negotiating issues; comparison of bargaining dynamics and advocate strategies deployed in 2-party negotiations and multi-party negotiations; and ethical dilemmas for negotiators. Targeted simulations will occur during the scheduled class time.

PAPER AND SIMULATED NEGOTIATIONS

 

704 (04)                      TRIAL PRACTICE (GENERAL DESCRIPTION ALL SECTIONS)

PREREQUISITE: EVIDENCE

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.

CLASS PERFORMANCE - LIMITED ENROLLMENT

THIRD-YEAR PRIORITY


 


708 (03)                      REGULATION OF SECURITIES - SHIPMAN

PREREQUISITES: ANY BUSINESS ASSOCIATION COURSE OR WAIVED BY PROFESSOR

This three-hour course is open to any student who has completed a Business Associations course prior to the beginning of this course. (For very good reason shown, the prerequisite may be waived, in writing, in the absolute discretion of the instructor.) The most recent edition of the Jennings and Marsh Casebook, the most recent edition of the paperback Jennings and March statutory supplement, and offset materials will be used. There are no papers or memoranda. The sole exam--the final--will determine your grade. The course covers in considerable detail the regulation of distributions of securities by issuers and their affiliates under the Federal Securities Act of 1933 and the Ohio Securities Act. Great attention is paid to exemptions and the restrictions upon transfer imposed when those exemptions are used. In this course we only touch upon tender offers, leveraged buyouts, and going private. This course is valuable for anyone interested in general legal practice, in business, in general business law, or in corporate, financial, banking, investment, international business, real estate, tax, ERISA, or bankruptcy law. Though office practice is emphasized, the course has a heavy litigation component.

EXAM AND CLASS PARTICIPATION

 

710 (03)                      FEDERAL COURTS - CAUST-ELLENBOGEN

The Federal Courts course explores two structural constitutional questions:

              1.           What is the proper relationship between the judiciary and the other two branches of the federal government–“separation of powers”; and

              2.           What is the proper relation between the federal government and the state governments–“federalism.”

The answers to these questions have had profound effects on practice in the federal courts as well as on the development of our nation. The corse will address these questions in the context of an in-depth study of the federal courts. Topics include: the jurisdiction of the federal courts, party access to the federal courts, the power of the federal courts over the actions of state governments and state officials, federal judicial power to review state criminal convictions, and the relationship between the state and federal courts.

EXAM

 

728 (04)                      INTERNATIONAL BUSINESS TRANSACTIONS - CHOW

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.

EXAM AND CLASS PARTICIPATION

 

729 (04)                      ADMINISTRATIVE LAW - SHANE

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 investigatory, legislative, and adjudicatory power; and the control of agency action by the executive, legislative, and the judicial branches. Relevance to Career Planning: Given the pervasive nature of government in our society, lawyers in virtually

every type of practice deal with administrative agencies at the local, state, or federal level. Administrative law provides a framework to understand the basic administrative process and its control by the three branches of government.

 

732 (03)                      ENVIRONMENTAL LAW - MURPHY

This course will focus on federal environmental legislation, regulation, and court interpretation. The Clean Air Act, the Clean Water Act, and RCRA/CERCLA will be the focus of the course. The course, however, will open with a consideration of the National Environmental Policy Act (NAPA) and its development through judicial action. Brief mention will be made of the Safe Drinking Water Act, FIFRA, TSCA, and some other federal environmental statutes. If references are made to state action, Ohio will be the most frequent state of reference.

EXAM: OPEN BOOK AND ESSAY


 


733 (03)                      FIRST AMENDMENT - GOLDBERGER

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

EXAM

 

736.01 (02)                 LEGAL PROFESSION - KETTLEWELL

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.

EXAM AND CLASS ATTENDANCE

SATISFIES LEGAL PROFESSION/SUBSTANCE ABUSE REQUIREMENT

 

736.02 (02)                 PROFESSIONAL RESPONSIBILITY - FAIRMAN

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 application of the ABA’s Model Rules of Professional Conduct and where the Model Rules conflict with the Model Code of Professional Responsibility and the newly promulgated Restatement of the Law Governing Lawyers.

EXAM

SATISFIES LEGAL PROFESSIONS REQUIREMENT

 

737 (03)                      PATENT LAW - PRIOR

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. TAKE-HOME EXAM

 

737P (02)                    PATENT PROSECUTION - PRIOR

PREREQUISITES: PATENT LAW (737)

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. TAKE-HOME EXAM AND DRAFTING EXERCISES

SATISFIES SECOND WRITING REQUIREMENT





CLINICAL COURSES IN GENERAL

The civil, criminal, and juvenile clinical courses involve advanced study and training in the provision of legal representation to clients in pending cases under supervision of clinical faculty and staff attorney. The Practica are 4 credit hours and are limited to THIRD-YEAR STUDENTS unless otherwise indicated. A LEGAL INTERN CERTIFICATE is required for most of the practica, which means at least 2/3 of the student’s legal education must be completed. The restriction to third-year students and requirement of a Legal Intern Certificate DO NOT apply to the two Mediation Practica or to the Legislation Clinic. The clinical courses have limited enrollment, and are designated with a 738 course number.

 

738.01 (04)                 CRIMINAL PROSECUTION PRACTICUM - SIMMONS/ KRIVOSHEY

PREREQUISITES: EVIDENCE AND QUALIFICATION FOR LEGAL INTERN CERTIFICATE

Students will represent the City of Delaware (approximately 40 minutes drive) and the State of Ohio in misdemeanor prosecutions. The classroom component, using lecture and discussion, 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. Students should anticipate several trips and two or more courtroom appearances during the semester, plea bargaining, witness preparation, and research and drafting of short memoranda and appellate briefs. To a large extent grading will be subjective. The happenstance of whether a case goes to trial or involves significantly more lawyering than a routine plea bargain often controls the opportunity for students to demonstrate diligence or proficiency. Some students are able to adjust their schedules to assist in trial preparation of another student’s case during off-class hours and become almost “second chair” counsel, and their efforts are recognized. Class participation, especially contribution of knowledge and insight during discussion of another student’s case, is also considered.

LIMITED ENROLLMENT

 

738.01 (04)                 CRIMINAL DEFENSE PRACTICUM - SNYDER/KRIVOSHEY

PREREQUISITES: EVIDENCE AND QUALIFIED FOR LEGAL INTERN CERTIFICATE

Development of the basic knowledge and skills of criminal defense practice. Emphasis on professional responsibility, trial practice skills, and application of legal principles. Students will represent accused persons in the Franklin County Municipal Court under the supervision of the staff attorney.

CLASS PARTICIPATION

LIMITED ENROLLMENT

 

738.04 (04)                 JUSTICE FOR CHILDREN PRACTICUM - FEDERLE/DIPASQUALE

TEACHING METHOD: CLIENT REPRESENTATION, SIMULATION & DISCUSSION

Third-year students certified as legal interns by the Ohio Supreme Court represent clients under faculty supervision in a variety of proceedings implicating the rights of children. These may include abuse and neglect, custody, delinquency, status offense, judicial bypass and termination of parental rights cases. Students work with clients at all stages of the representation and participate in pretrial hearings and at trial. The classroom component of the course provides students with an opportunity to learn a number of lawyering skills within a substantive context while developing an approach to the thoughtful and ethical practice of law. Students also discuss their pending cases in class, which creates additional opportunities for exploring strategic and ethical issues. This course is required for students who seek the certificate in Children Studies.

METHOD OF EVALUATION: PERFORMANCE ON SIMULATIONS, ON CLASS ASSIGNMENTS, IN CLASS DISCUSSIONS, AND IN ROLE AS LEGAL INTERN.

LIMITED ENROLLMENT


 


738C20 (04)               MEDIATION SEMINAR PRACTICUM - S. COLE

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 for about 3 hours per week, for seven weeks, under the supervision of the staff attorney. STUDENTS WHO TAKE THIS COURSE MUST HAVE AT LEAST ONE AFTERNOON (EXCLUDING MONDAY AND FRIDAY) FREE FOR CLINIC ACTIVITY. Each student will write and present a substantial research paper (preceded by an outline and rough draft). Class will meet for 2 hours per week during the weeks when students are mediating and for 4 hours per week during the other weeks. Students who have taken another College of Law course in mediation may not take this course. Students taking this course must keep the first weekend after school begins available for mediation training. In 2003, the dates for mediation training are August 23-24.

SATISFIES SEMINAR REQUIREMENT

LIMITED ENROLLMENT

 

738G20 (04)               CIVIL LAW PRACTICUM - GOLDBERGER/COOKE, AU

738G20 (04)               CIVIL LAW PRACTICUM - TRAVALIO/COOK, WI/SP  

TEACHING METHOD: CLIENT REPRESENTATION AND SIMULATION OF TRIAL TECHNIQUES

Students represent clients in pending civil cases in state and federal courts under faculty supervision. Students are assigned to cases from a wide variety of subject-matter areas including: civil rights, consumer law, landlord-tenant, personal injury, domestic relations, and bankruptcy. The classroom component of the course provides training in basic pre-trial practice skills. It also includes discussion and analysis of the pending cases for the purpose of developing sound litigation strategies and for addressing ethical problems that arise during the course of litigation. In addition, students participate in the representation of clients at trial and in hearings. They also take and defend depositions.

METHOD OF EVALUATION: PERFORMANCE IN COURT, ON SIMULATIONS, AND IN CLASS ASSIGNMENTS

LIMITED ENROLLMENT

 

738L20 (04)              LEGISLATION CLINIC -  HUEFNER/ENNS

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 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 Ohio Elections Commission, 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 are expected to spend a substantial amount of time each week in their clinical placement. The majority of the Ohio General Assembly’s legislative work occurs on Tuesdays and Wednesdays, and occasional Thursdays. Students in the Clinic should try to arrange their schedules so that they regularly can do field work during some portion of this crucial midweek period, although rewarding placements may be possible for students who are unable to make such arrangements.

GRADE WILL BE BASED ON CLASS PARTICIPATION, FIELD WORK ASSIGNMENTS INCLUDING WRITTEN PRODUCT, AND OVERALL DILIGENCE

LIMITED ENROLLMENT


 


738S20 (04)                MULTIPARTY MEDIATION PRACTICUM - STULBERG 

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 submit a written critique of an observed mediation in which he or she applies concepts and strategies examined in the readings and class discussion, and write an analytical paper that examines an important policy issue or critiques a significant work of scholarship in the field. Students who have taken a course in mediation offered b y the College of Law may not take this course. Students who take this course MUST ensure that their schedules permit them to spend one afternoon per week, Tuesday through Thursday, mediating cases. Additionally, students must attend the intensive skill-building training sessions that take place on January 24-25, 2004 (Saturday/Sunday).

PAPER AND CLASS PARTICIPATION

SATISFIES SECOND WRITING REQUIREMENT

LIMITED ENROLLMENT

 

739 (03)                      PRETRIAL LITIGATION - CHESTER

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.

GRADE BASED ON QUALITY OF CASE FILE WHICH IS COMPOSED OF THE ACCUMULATED ASSIGNMENTS - LIMITED ENROLLMENT

SATISFIES SECOND WRITING REQUIREMENT

 

744 (04)                      EMPLOYMENT DISCRIMINATION - HÉBERT

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 and to a lesser degree, the Equal Pay Act and the Rehabilitation Act of 1973. 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.

EXAM AND CLASS PARTICIPATION

 

747 (02)                      CIVIL RIGHTS - powell

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 right 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, colorblindness, and anti-subordination to see if these doctrines satisfy the evolving aspiration of belonging.

 

794A (01)                   APPELLATE ADVOCACY III - FOLEY

Lawyering skills course for members of moot court teams over two semesters. Progress grade at the end of the first semester, and letter grad upon completion of the course. (One credit hour given each semester.)

 

794B (02)                   COMPLEX LITIGATION - BODOH

This course in Complex Litigation focuses upon problems arising in multi-party, multi-district litigation. Topics to be addressed included the use of class action, multi-district litigation, and other aggregative procedural mechanisms to address multi-party claims; choice-of-law problems arising in multi-state litigation; and use of alternative dispute resolution techniques.

 

794C (03)                   LAWYERING WITHIN DISPUTE RESOLUTION - DEASON

This course surveys the various dispute resolution processes, including interviewing, counseling, negotiation, arbitration, mediation, mini-trials, and summary jury trials from the advocate’s perspective. The objectives of this course are to provide students familiarity with these processes, skills in using them, and some experience in how to assist a client in selecting the most appropriate dispute resolution process. The classes will include lectures, demonstrations, discussions, and simulations.

GRADING BASED ON: IN-CLASS PARTICIPATION, PARTICIPATION IN ROLE-PLAYS, AND EXAM

 

794D (02)                   LAWYERS AND THE MEDIA - WEAVER

The course will address the legal and ethical issues involved in dealing with the media and making public statements about litigation and legal issues, including the first amendment, public records law, and professional responsibility implications of media contacts. Other issues that will be addressed are journalistic techniques, the practice of media relations, and interviewing techniques. Among the in-class and written exercises will be moot court arguments on use of cameras in the courtroom, a mock news conference and television interview, news releases, op-ed pieces, and crisis management scenarios.

PAPER AND CLASS PARTICIPATION

SATISFIES SECOND WRITING REQUIREMENT

 

794E (01)                   ADVANCED ELECTRONIC LEGAL RESEARCH - HALL

PREREQUISITES: LEGAL RESEARCH 511

Building on the research techniques covered in Introduction to Legal Research 511, Advanced Electronic Legal Research will provide an intensive introduction to efficiently finding high quality legal resources on the Internet and advanced training on LEXIS and WESTLAW. Internet topics covered include terminology, search engines, and legal web sites. Classes will meet in the Library’s Computer Training room because most classes include a hands-on component. Readings may be assigned from a selection of materials including Reserve materials, research guides and internet publications.

There is no assigned text. Students are responsible for checking the syllabus, their email accounts and the TWEN course page for updated reading assignments.

REQUIREMENTS: All students must have an email account and regularly check the class TWEN page for general announcements and additional reading assignments.

ATTENDANCE: Attendance is mandatory for all scheduled classes.

GRADING: A series of graded assignments and/or a short paper or research guide make up 75% of the final grade. 25% of the grade is based on class participation, which may include giving an in-class presentation. The instructor reserves the right to raise or lower the final grade based on class preparation, class participation and un-excused absences from classes.

 

794G (03)                   SMALL BUSINESS & ENTREPRENEURIAL FINANCE - GARVIN

PREREQUISITE OR CO-REQUISITE: CORPORATIONS (meaning Business Associations)

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 roleplaying. Grading will be by take-home examination, class participation, and in-class and take-home exercises.

 

794H (03)                   DEFAMATION & PRIVACY - HALPERN

Legal rights and remedies and constitutional inhibitions, developed and developing, related to defamation (libel and slander), the rights of privacy and publicity, artistic integrity, and “moral right.”

EXAM

 

794I (03)                    INTERNATIONAL DISPUTE RESOLUTION - O’CONNELL

The course examines the primary means for resolving disputes with an international dimension. Students are introduced to both the non-binding mechanisms: negotiation, mediation, fact-finding, and conciliation, and the binding mechanisms: arbitration and adjudication (domestic and international). The course emphasizes the many new developments in this area of law, particularly with regard to both private international law 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 international tribunals to resolve disputes, such as the International Criminal Court; the increasing use of international arbitration; and the increasing use of national courts to settle international disputes–including those of a public character, as the Pinochet case demonstrates.

 The course is presented through a combination of lectures and simulations. The course has no pre-requisites.

EXAM: TAKE HOME

 

794J (03)                    BUSINESS BANKRUPTCY REORGANIZATIONS - C. JOHNSON

PREREQUISITE: A PREVIOUS COURSE SUCH AS COMMERCIAL LAW, SECURED TRANSACTIONS, DEBTOR-CREDITOR LAW, OR BANKRUPTCY LAW IS RECOMMENDED BUT NOT REQUIRED FOR THOSE ENROLLING IN BUSINESS BANKRUPTCY REORGANIZATIONS.

This course studies the law that affords financially-distressed business entities relief. Most people assume a bankruptcy filing means a liquidation of all a debtor’s assets and a distribution of sale proceeds to creditors. However, federal bankruptcy law permits reorganization of business debtors. Chapter 11 of the United States Bankruptcy Code allows business debtors, such as Enron and Kmart, to enter into an agreement with creditors under which all or a part of the business continues. The debts of the business are restructured so as to allow the debtor to sale unnecessary assets and continue business operations in hopes of successful rehabilitation. This course focuses primarily on the reorganization process under Chapter 11. However, students will study other topics as well. For example, the advantages and disadvantages of creditors and debtors arranging out-of-court workouts, and the practice of small business filings under Chapter 12 for family farmers and under Chapter 13 for sole proprietorships. This course will cover typical Chapter 11

 topics, including: commencing Chapter 11 cases; preparing pre-packaged bankruptcy petitions, participation by creditor committees and trustees in the Chapter 11 process; conducting business operations in Chapter 11; structuring a Chapter 11 plan of reorganization; negotiating confirmation of a Chapter 11 plan, and understanding the effects of confirmation. Very little attention will be given to consumer bankruptcy issues.

 

794K (04)                   TAXATION OF BUSINESS ORGANIZATION - JONES

PREREQUISITE: 606 FEDERAL INCOME TAXATION

We will study the basics of taxation of both corporations and partnerships. 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). Professors Samansky and Tobin will co-teach the class.

EXAM AND CLASS PARTICIPATION

 

794L (03)                   INTRODUCTION TO INTELLECTUAL PROPERTY - LEE

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.

 

794M (03)                  LAW OF CYBERSPACE - LEE

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

EXAM

 

794N (03)                   COMPARATIVE DISPUTE RESOLUTION - DEASON

This course will examine methods of dispute resolution used domestically in other countries and compare them to those employed in the United States. We will explore how differences in culture, religion, history, and legal institutions affect the way people resolve conflicts. We will also consider how such factors are influencing the development of dispute resolution systems as alternatives to domestic court systems. Readings will include materials on cultural differences in conflict resolution and case studies on practices and developments in particular countries and regions. Just as one’s understanding of English deepens as a result of studying a foreign language, one goal for the course is that by studying other approaches to dispute resolution, students will discover a fresh perspective on its practice and role in the United States.

 

794O (03)                   LAW & VENTURE CAPITAL - OESTERLE

Study of unique legal problems faced by high tech entrepreneurs and their angel and venture capital investors. Issues include high tech firm formation issues (choice of entity, rights of the founders, term sheet agreements with early stage investors), operation issues (governance, key employee compensation and retention, intellectual property protection), follow-up financing rounds and exit or harvesting events (IPOs and acquisitions) and include venture capital fund structure and regulation. Prior or simultaneous class in Business Associations recommended, but not required.

 

794P (02)                    DATA PRIVACY AND CYBERSPACE - SWIRE

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

EXAM

 

794Q (03)                   INTERNATIONAL HUMAN RIGHTS - QUIGLEY

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.

EXAM: PART ESSAY, PART OBJECTIVE

PREREQUISITE: INTERNATIONAL LAW OR INTERNATIONAL DISPUTE RESOLUTION

 

794R (03)                   ADV. ISSUES IN DISPUTE RESOLUTION - ROGERS

PREREQUISITE: ONE OTHER DISPUTE RESOLUTION COURSE

This course involves advanced study in the area of dispute resolution, including the writing of a substantial research paper that deals in an original way with a problem in the field. The class sessions will focus on the design of systems to resolve disputes. The course is required for students who seek the Certificate in Dispute Resolution.

PAPER AND CLASS PARTICIPATION

SATISFIES SEMINAR REQUIREMENT

LIMITED ENROLLMENT

 

794S (03)                    SEPARATION OF POWERS - SHANE

This course focuses on the law surrounding the allocation of authority to the various branches of the national government- the so-called "separation of powers"- and the system of checks and balances that results. We will give particular emphasis to the interactions of the President with Congress, and of the President with the judiciary. Our dominant theme will be the question whether, as a matter of law or good government practice, the President should be deemed to possess policymaking powers that are largely immune to direct regulation by the other branches, or whether the Constitution does and should permit courts and Congress substantial leeway in regulating the exercise of executive power. Specific case studies will include the use of independent counsel, presidential oversight of the regulatory process, and war powers. Although there is no formal prerequisite, it will be beneficial to students to have taken Administrative Law.

 

794T (03)                   TRADEMARK - HALPERN

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

EXAM

 

794U (01)                   OHIO WORKERS’ COMPENSATION - SENTZ

COURSE WILL BE OFFERED AUTUMN BREAK, OCTOBER 6-10, 2003

This one-hour “mini-course” will be on Ohio Workers’ Compensation Law and will meet from 9:00 a.m. to 12:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday of Autumn break. The course will be offered from a petitioner’s view of the operation of the state agencies, the law, case studies, and practical approaches to the Ohio Workers’ Compensation system.

 

794W (03)                  LANDLORD/TENANT LAW - WISE

This course will provide a survey of residential landlord and tenant law, including federal law regarding fair housing and subsidized housing. The focus will be on Ohio law, with attention to other jurisdictions as well. Students will be graded on class participation in discussions and simulations, and on a practical written component.

SATISFIES SECOND WRITING REQUIREMENT


794 Z (1) FEDERAL GIFT & ESTATE TAXATION - ROSE

1 hour - Spring Break: March 22 - March 26, 2004

The course will cover the essentials of the federal gift tax (Chapter 12 of Internal Revenue Code) and estate tax (Chapter 13). For the gift tax, coverage will include the annual per donee exclusion and the exclusion for educational and medical expenses. For the estate tax, it will include the unified credit, life insurance and retirement benefits, and the material deduction. We will meet for four hours on Monday, Tuesday, Wednesday, and Thursday. You will be expected to prepare in advance for at least four hours for each of these days and to attend and participate. The exam will be given on Friday from 10:00 a.m. until 12:00 noon.


 

797B (02)                   BUSINESS CHANGE OF CONTROL TRANSACTIONS; INTER- PROFESSIONAL ISSUES - GARDINER/BENNETT

In this course, students will be exposed to the legal, financial and transactional issues involved in buying and selling both public and private companies, with an emphasis on practical considerations, financial analysis and actual business practice. Real life transactional scenarios will be utilized to develop problem solving skills with students taking roles as attorneys and investment bankers for various key parties to these transactions. An objective of the course is to develop an understanding of the issues facing both attorneys and investment bankers and the value of their collaborative representation of mutual clients.

The final exam will be take-home and submitted as a team of one to three students, with overall team performance having significant impact upon individual grades. The instructors believe that some exposure to corporate law and accounting will be helpful to students but not essential to understanding the subject matter. Enrollment is limited to 40 students.
This course will be co-taught by Donald B. Gardiner, formerly a partner at Squire, Sanders & Dempsey and Managing Director of the Bank One Capital Markets, Inc., and a 1965 graduate of Duke Law School; and by George H. Bennett, Jr., formerly Executive Vice President and General Counsel of Cardinal Health, Inc., currently in private practice, and a 1978 graduate of the Moritz College of Law. 

 

797O (03)                   MERGERS & ACQUISITIONS (OESTERLE)

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.



SEMINARS

 

796.03 (02)                 SUPREME COURT LITIGATION - SUTTON

PREREQUISITE: 510 CONSTITUTIONAL LAW

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 (lower federal and state courts) operate in exercising 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 two other short papers are required. There is no exam and readings are in printed materials available from the SBA Bookstore.

PAPER

 

796A20 (02)               ADVANCED TOPICS IN CRIMINAL LAW - DAVIES

This two-credit-hour seminar will explore a variety of areas of the criminal justice system that, despite their importance, necessarily receive little attention in the basic criminal law and procedure courses. Materials will be assigned for approximately the first four weeks of the semester and will examine such topics as: the problem of false confessions; racial and ethnic profiling; the Fourth Amendment implications of DNA databases (and other new technologies); and the Fourth and Fifth Amendment challenges presented by the war on terrorism. Student presentations on topics falling within the framework of the seminar (ideally chosen by the students themselves in consultation with Professor Davies) will fill the remaining weeks of the semester. At the close of the semester, students will be expected to submit a substantial research paper related to their presentation topic. Combined, the assigned materials and the student presentations will provide students with the opportunity to consider a panoply of cutting edge issues related to criminal justice, including such topics as: hate crimes; the crack/cocaine sentencing gap; the future of the Apprendi doctrine; three-strikes laws; Megan’s laws; prosecuting cyber-crime; the constitutional implications of “enemy combatants,” punishments that “shame,” and so forth.


 

796C20 (02)               FEMINIST LEGAL THEORY - CHAMALLAS

This seminar investigates a variety of feminist approaches to law and the study of legal culture, teaching such contemporary topics as the debate about the meaning of equality, the comparison of liberal, radical and cultural strands of feminist thought and the intersections between gender subordination and subordination based on race, ethnicity, and sexual orientation. Most of the readings will be drawn from books and law review articles, with less emphasis on cases and legal doctrine. The seminar is open to all students – men and women – who have an interest in legal theory or sexual equality, even if you have taken no other courses in women’s studies, jurisprudence or gender-bases discrimination.

GRADE BASED PRIMARILY ON PAPER, WITH CLASS PARTICIPATION TAKEN INTO ACCOUNT

 

796D20 (02)               LAW & GENETICS - DEASON

This course is designed to provide an opportunity to examine the process by which law and policy develop in conjunction with rapid changes in scientific knowledge and technology. We will discuss issues such as: genetic databases and privacy interests in one's genome, protection against employment discrimination based on genetic information, genetic information as evidence, genetic identification in the criminal justice system, property rights in genetic sequences, environmental issues related to genetic engineering, regulation of genetically modified food, and the ethical and policy issues raised by genetic manipulation in reproduction and medicine, including gene therapy, cloning, stem cell research and transgenic organisms.

Students will be responsible for leading a class discussion during the semester and will be expected to write a research paper on a topic related to the course. A biology or technical background is NOT necessary for this seminar.

 

796E20 (02)               ADVANCED EVIDENCE - CARLSON

Advanced work on evidence and litigation problems, including subjects like hearsay, final arguments and motions for a new trial. Coursework initially involves study and discussion of problem areas, after which students will research, write and defend a major paper addressed to a specific litigation problem. The paper will be of a length and depth to satisfy the seminar writing requirement.

 

796F20 (02)                FEDERALISM - COLKER

This seminar will focus on the “federalism revolution” that has taken place under Chief Justice Rehnquist’s leadership. We will first study the basic cases and materials on federalism and then focus specifically on the decisions under the Rehnquist Court. Professor Colker will lead class for the first half of the course and the students will be expected to lead class for the second half of the course, basing their presentation on their paper topic. Grades will be primarily determined on the basis of a seminar paper. Students from a variety of political perspectives are welcome (and desired) in this course.

 

796G20 (02)               PROFESSIONAL RESPONSIBILITY - GREENBAUM

This course will offer both an introduction to the Model Rules of Professional Conduct and an in-depth study of select ethical problems that arise in the practice of law. Grading will be based on written work (two papers), classroom performance, and successful completion of a pass/fail exam testing knowledge of the basic provisions of the Model Rules of Professional Conduct.

SATISFIES BOTH SEMINAR AND PROFESSIONAL RESPONSIBILITY REQUIREMENTS

 

796H20 (02)               SEXUAL HARASSMENT - HÉBERT

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

PAPER AND CLASS PARTICIPATION

 

796I20 (02)                FREEDOM & THE LAW - powell

This course will examine the history and complex nature of freedom. Despite freedom being one of the most important values in law and the larger society, there is little agreement on its meaning(s), the history of contestation or the implication of which concept of freedom is dominant. The genesis of freedom is closely associated with women and slavery. This course will review this history as well as the continued evolution of the complex concept(s) and the implication for law and social justice.

 

796J20 (02)                CONSUMER PROTECTION & NON-CONVENTIONAL LENDING

                                    - C. JOHNSON

PREREQUISITE: While your having taken the Consumer Law Course may be helpful, it is not required.

This seminar is for students who are interested in expanding their knowledge and analytic thinking about current issues facing consumers in credit transactions offered by “subprime” financial institutions. The “subprime market” is comprised of lending institutions and companies that provide credit products to consumers, who, according to traditional lending underwriting standards, do not qualify for conventional forms of credit. Credit products offered in the subprime market include: payday loans, check-cashing services, tax refund anticipation loans, pawnshops cash advances, car-title loans, rent-to-own products, and high-price mortgage loans.

In this seminar, we will briefly survey modern statutes that protect consumers from companies engaged in irresponsible subprime lending. You will be able to choose topics for your seminar paper that asks (1) whether subprime lenders offer credit products at prices that reasonably compensate them for risks associated with lending to high-risk consumers, or (2) whether subprime lenders create more problems for consumers and exploit laws and imperfect market conditions to take advantage of consumers. Your grade depends upon your: (1) class participation, (2) completion of a research paper of a minimum of 20 pages in length, and (3) presentation of your paper to the rest of the class.

 

796K20 (02)               LAW, HISTORY & PHILOSOPHY - FINK

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

 

796L20 (02)               ANTHROPOLOGY AND THE LAW - LAUGHLIN

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.

 

796M20 (02)              INTERNATIONAL LAW AND USE OF FORCE - O’CONNELL

International Law and the Use of Force is an advanced seminar on international law. It focuses on the challenging problem of regulating armed force, both the rules determining when force may be used and those governing how force may be used. In 1945, fifty-three states established in the United Nations Charter a revolutionary set of rules for regulating when force could be used. In 1949, states adopted the Geneva Conventions for regulating how armed force is used. In the intervening fifty years both sets of rules of have evolved. The course considers the rules on armed conflict as adopted, how they have developed and the on-going controversies over their further development and application.

For each area of controversy the seminar will examine case studies in a simulation setting. Past seminar case studies have included, the Turkish invasion of Northern Iraq, the Bosnian and Croatian conflicts, the Gulf War, the Iran-Iraq War, the intervention in Somalia, the Afghan conflict, the Congo conflict, the dispute over Kashmir and others. Students will make presentations during the simulations and will be required to write a paper at the end of the course. Beyond knowledge of the rules governing the use of force, the seminar also aims to provide students with a deeper understanding of international law and practice in core lawyering skills.

A prior course in international law is recommended. Those who have not yet had an introductory international law course should see the professor prior to the course for suggested readings.

PAPER

SATISFIES SEMINAR OR SECOND WRITING REQUIREMENT


796N20 (02)               PROFESSIONAL MALPRACTICE - NORTHERN

The seminar will explore the duties arising in the course of attorney/client; physician/patient; and accountant/client fiduciary relationships and the liability arising from the breach of those duties. At the core of the fiduciary relationship is the fiduciary’s duty to act for the benefit of the client or patient, not for the fiduciary’s own interests. The nature and scope of these relationships; the special rules applying to duties of reasonable care, informed consent, and conflicts of interest; and the tension between private duties and public obligations are just some of the topics to be addressed. Students will be permitted to consider a wide range of research topics including: the role that health care organizations play in the physician/patient relationship; whether there is a need for tort reform arising out of the purported relationship between unrestricted jury awards and a crisis in the provision of health care; pr accountant liability in an era of corporate misfeasance.

 

796O20 (02)               INTERNATIONAL ART LAW - O’CONNELL

International art law is a well-recognized subfield in international law. Law schools around the world have taught the subject for decades as an advanced international law course. In this course, to be offered in the Winter/Spring semester 2004, we will learn the law through case studies of particular works of visual art now found in Eastern Europe.

Two-thirds of the semester will be devoted to an exposition of the problems that the law is addressing and the principles, rules and legal institutions developed to resolve the problems. The seminar as a whole will work on a case study together as we examine the international art world and the law that regulates it. We will consider the Case Concerning Certain Property (Liechtenstein v. Germany), currently before the International Court of Justice. After working together on the Certain Property Case, it will be the students’ turn to work on three more case studies involving disputed art in Eastern Europe. The Red Army took a vast amount of art and artifacts from Germany and other Central and East European countries, claiming it as reparations. The international legal world is just beginning to discuss these cases and whether the considerable jurisprudence developed to ensure the return of art stolen by the Nazis is applicable.

The seminar will provide substantive knowledge of an area of law; it will allow students to further develop their knowledge of international law, and it will provide an opportunity to practice oral argument, writing and decision-making skills. The seminar is open only to students who have had a course in international law or international dispute resolution.

(Please note: The University will not be providing funds for research travel to Eastern Europe. Other avenues are being developed to assist students in developing the facts for their assigned dispute.)

 

796P20 (02)                PUBLIC UTILITIES - PORTER

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.

PAPER AND CLASS PARTICIPATION

 

796Q20 (02)               LAW IN AFRICA - QUIGLEY

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. Papers may also focus on international law issues relevant to countries in Africa. Participants will also be asked to make an oral presentation of their research.

 

796R20 (02)               MIDDLE EAST CONFLICT - QUIGLEY

Seminar participants will be asked to write a single research paper on a topic relating to the Israeli-Palestinian territorial conflict, 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 involved in the conflict, or international institutions that play a role in seeking resolution.

NO PREREQUISITES

 

796S20                       STATE CONSTITUTIONAL LAW - CORDRAY/SUTTON

In this seminar, students will be required to participate in class discussions and write two fairly short papers. One of the papers, at the student’s choice, will be rewritten after comments are received from others. 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, thought 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 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. We will evaluate these views for ourselves.

PAPER

 

796V20 (02)               CRITICAL RACE THEORY - VERDUN

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.

1) CLASS PARTICIPATION AND ATTENDANCE, 2) PRESENTATION, 3) PAPER, EACH HAVING EQUAL WEIGHT

 

796X20 (02)               ADVANCED ISSUES IN LAW OF FOSTER CARE - LLOYD

This seminar explores the legal underpinnings, the judicial procedures, and the factual realities of the U.S. child welfare system. The course will help students to understand the forces that shape the lives of at-risk children who are removed from their homes. Using legal, economic and sociological tools of analysis, the course examines the history of the child welfare system, its current crisis and efforts by both legislators and independent organizations to reform it. Students will prepare a paper on a controversial issue involving the legal treatment of, or government policy towards, children in the dependency system.

The course will consist of a weekly discussion session based on the assigned readings and the ongoing production of legal scholarship, as described below, which will culminate in a seminar presentation and paper.

Grades will be based on the following three categories: in-class participation, which will be weighted 25%, the in-class exercise, the class presentation, which will be weighted 15%; and your paper, which will be weighted 60%. In determining class participation grades, I will consider students’ preparation, promptness, attendance, and the substance and quality of class participation./




NON GRADED COURSES OR CO-CURRICULAR ACTIVITIES


IF YOU RECEIVE CREDIT FOR ONE OR MORE OF THE FOLLOWING, PLEASE STOP BY THE REGISTRAR’S OFFICE TO BE SURE THEY HAVE BEEN ADDED TO YOUR SCHEDULE.

 

713 (1-5)                            APPELLATE ADVOCACY II/ MOOT COURT

Under this general number and with the approval of the faculty advisor, students can earn up to five credit hours for participation in the various moot court team competitions, the Herman Competition, Moot Court Governing Board, and Appellate Advocacy Council.

 

735 (1-5)                            LAW JOURNAL

Under this general number and with the approval of the faculty advisor, students may earn up to two credits for Law Journal and JDR participation prior to the beginning of the fifth semester, and may earn an additional two credits for the participation in the third year of academic residence. An additional hour is awarded to the senior editorial staff. Credit not to exceed five credit hours.

 

793 (1-4)                            INDEPENDENT STUDY

By special arrangement with a particular faculty member, and with approval of the Associate Dean for Academic Affairs, a student may undertake an individual project for credit. The work will be supervised by the faculty member concerned and will be graded on an S/U basis. The number of credits will vary according to the magnitude of the project. Ordinarily, individual projects should be undertaken only when the subject matter involved is otherwise unavailable in the curriculum.

 

793J (03)                           JUDICIAL EXTERN PROGRAM

The College of Law, in cooperation with a number of judges in the community, offers judicial externships for credit. Applicants must submit a resume, individual writing sample, and an indication of obligations outside law school. To seek further information, see Assistant Dean Sheila Kapur.