COURSE DESCRIPTIONS                                                          LAW 2004-2005

 

The purpose of this publication is to acquaint students with upper-level courses scheduled for the 2004-2005 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

 

603K (03)                   EVIDENCE - KRIVOSHEY

603X (04)                   EVIDENCE - SIMMONS

This course surveys the law of evidence. Students develop a facility with major evidentiary rules and concepts, based on a study of the Federal Rules of Evidence. Concepts covered include relevance, the use of character and scientific evidence, the definition and use of hearsay, the use of real and demonstrative evidence, the proper method of impeaching witnesses, foundation and authentication requirements, and the law of privileges. The class is taught primarily through the problem method. Armed with rules under study, students acting “in role” as counsel will attempt to introduce various items into evidence, while peers struggle to keep the evidence out.

EXAM

SECOND-YEAR PRIORITY COURSE

 

605Z (03)                   COMMERCIAL PAPER - FERRIELL

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.

EXAM: ESSAY AND/OR SHORT ESSAY

 

605X (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 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.

EXAM: ESSAY AND/OR SHORT ANSWER–OPEN BOOK

 

606 (04)                      FEDERAL INCOME TAX - SAMANSKY, AU/WI

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

 

606 (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

 

607X (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

 

607Y (04)                   BUSINESS ASSOCIATIONS - JENKINS

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.

EXAM

SECOND-YEAR PRIORITY COURSE 

 

607 (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

 

609X (03)                   SALES - GARVIN, AU

609T (02)                   SALES - TRAVALIO, WI

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 three topics covered in the year-long Commercial Law course, when that course is offered (659). Students who take Sales cannot take Commercial Law, and vice-versa.

EXAM

 

610 (03)                      SECURED TRANSACTIONS - FERRIELL

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 three topics typically covered in the 6-hour Commercial Law course when it is offered (659). Students who take Secured Transactions cannot take Commercial Law (659) and vice-versa.

EXAM: ESSAY AND/OR SHORT ESSAY

 

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. This course is covered on the Ohio bar exam.

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

EXAM AND CLASS PARTICIPATION

 

611 (03)                     DEBTOR/CREDITOR - C. JOHNSON

This course is about the rights and obligations of debtors and creditors when a debtor cannot or will not pay an obligation owed to the creditor. You 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, you will learn about exemption laws, which delineate what assets a debtor can keep beyond the reach of creditors. You will discover how the lack of uniformity of state exemption laws allowed Ken Lay, former CEO of Enron, to keep his $7.1 million-dollar condo in Texas but forced an unemployed, wheelchair-bound individual to give up his $5,000 minivan in Ohio. You may be shocked to learn that, under the law of avoidable transfers, a creditor who forced the sale of a company’s equipment may have to hand over to that company the money made from the sale if the company later files bankruptcy. This course is worth taking even if you do not intend to practice debtor-creditor law. We are all debtors at some point in our lives, and this course will give you a solid understanding of your rights and duties.

EXAM AND CLASS PARTICIPATION

 

613 (03)                      EMPLOYMENT LAW - HÉBERT

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.

EXAM AND CLASS PARTICIPATION

 

614 (03)                      LABOR LAW - BRUDNEY

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 (03)                      ACCOUNTING FOR LAWYERS - SHIPMAN

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 - LLOYD

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 survey course, we will consider various aspects of the law of “the family,” including state efforts and authority to regulate its creation, maintenance, and dissolution. Topics will thus include marriage (and its contested boundaries), marital obligations, annulment, dissolution, divorce, reproduction, privacy, and inequality. A considerable portion of this course will be dedicated to the “constitutionalization” of family law, and its attendant policy considerations.

EXAM AND CLASS PARTICIPATION

 

639 (03)                      CRIMINAL PROCEDURE: INVESTIGATION - DRESSLER

Criminal Procedure: Investigation is one of two criminal procedure courses offered by the College of Law. 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.

EXAM AND CLASS PARTICIPATION

 

 

641 (03)                      CRIMINAL PROCEDURE: ADJUDICATION - MICHAELS

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: Evidence Gathering and from Criminal Punishment and Sentencing, and can be taken with or without those courses.

EXAM

 

652 (03)                      BANKING LAW - ANSTAETT

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.

EXAM

 

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

An introductory course in family property law. Among the topics are: (1) the policy basis of inheritance and the changing character of intergenerational wealth transfer; (2) intestate succession; (3) the requirements for executing and revoking wills; (4) the rise of will substitutes, including joint accounts, joint tenancies, life insurance, pension accounts, and revocable trusts; (5) spousal protection; (6) the creation and termination of trusts; and (7) the duties of trustees, executors, and other fiduciaries.

EXAM AND CLASS PARTICIPATION.

 

656 (03)                      WILLS, TRUSTS & ESTATES I - SAMANSKY

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. This course provides the background in probate and nonprobate transfers that all attorneys should have. In addition, it will give students sufficient knowledge so that they will be able to prepare wills for clients in uncomplicated situations.

EXAM AND CLASS PARTICIPATION.

 

658 (03)                      FOURTEENTH AMENDMENT - TOKAJI

The Fourteenth Amendment conferred the right of citizenship upon people who had never before enjoyed it, promised equal protection to all, and fundamentally altered the relationship between the federal and state governments. This advanced course in constitutional law will examine current topics of interest under the Fourteenth Amendment. The course will start with the Supreme Court’s foundational racial equality decisions, and then move to more recent debates over such contested issues as affirmative action and racial disparities in the criminal justice system. It will next focus on cases concerning inequalities based on sex, disability, sexual orientation, and other characteristics. We will also consider the Fourteenth Amendment’s protection for fundamental rights, including the right to privacy and the right to vote. Finally, the course will examine the Supreme Court’s recent jurisprudence limiting Congress’ power to enforce the Fourteenth Amendment under section 5. Throughout the course, we will pay special attention to how to give meaning to such grand yet open-ended terms as “equal protection,” “due process,” and “the privileges or immunities of citizens of the United States,” and how the promise of the Fourteenth Amendment might thereby be realized.

 

694K (01)                   DISPUTE RESOLUTION, NEGOTIATION & GENDER - McKIM

Prerequisite: 703 Legal Negotiation

This course will build upon the basic negotiation skills learned in Legal Negotiation 703 while specifically focusing on the issue of gender in the negotiation process. Through readings, class discussions, and exercises, students will learn about the intersection of gender with communication, negotiation styles, and contextual elements of the negotiation process.

 

694L (03)                   LANDLORD/TENANT LAW - CHOE

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

 

 

694P (02)                    LAW AND SOCIAL SCIENCE - POTEET

This course introduces the use of social science as a tool for legal analysis. The course will touch on aspects of many typical law school courses – criminal law, constitutional law, criminal procedure, and tort law – which social science research has examined. We start with the developments in American jurisprudence that legitimized the use of social science in the law. Then, we will examine the basic elements of legal methods and social science research methodology. You do not need a background in scientific methods or statistics; we will study methodology for the purpose of understanding the cases. For most of the semester, we will look at the substantive uses of social science in adjudication; how it is used: to resolve factual disputes; to make or change law, both constitutional and common law; as a general context or framework for deciding specific cases; and in planning the litigation of a case.

 

694I (02) FUNDAMENTAL ANALYSIS OF FINANCIAL INSTRUMENTS - SAMUEL

The goal of this course is to introduce law students to basic concepts in finance. It focuses on analysis of “derivative” instruments, how to use them in different economic situations, and the benefits/consequences of helping clients set up contracts employing them when investing or conducting business, both locally and globally. The instruments are analyzed from two separate point of view: speculative and hedging. Tools and basic models that help in understanding the appropriate usage of different derivatives in different situations will also be introduced and examined. Through the course analysis, students will develop a thorough understanding of the models that influence and eventually determine the relationships among different derivative instruments. Cases are used to analyze actual situations and explore different possible solutions using derivatives, determining the best choice for the particular risk exposure in the case. The course will be taught on the assumption that the students have no prior knowledge of these financial instruments.

 

 

694Z (03)                   CIVIL PROCEDURE II - GREENBAUM

694X (03)                   CIVIL PROCEDURE II - WILSON

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

 

700.01 (02)                 INTERPROFESSIONAL CARE - KOLMAN

THIS COURSE IS ON THE QUARTER SCHEDULE AND BEGINS WEEK OF JANUARY 3, 2005

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

 

700.01 (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; representing clients in a facilitated negotiation; and ethical dilemmas for negotiators. Targeted simulations will occur during the scheduled class time.

PAPER AND SIMULATED NEGOTIATIONS

 

703 (03)                      LEGAL NEGOTIATIONS & SETTLEMENT - WILSON

PREREQUISITE: PROFESSIONAL RESPONSIBILITY

METHOD OF EVALUATION: The results of negotiation simulations will be the primary basis for grades. In addition, the quality of your paper, classroom participation, weekly journal entries, and written assignments will also be considered in determining grades.

REQUIREMENTS: Timely class attendance will be mandatory, unless excused for a reason that a judge would find cause to miss a scheduled court date. Students will be bound by the Code and Rules of Professional Responsibility. Negotiation simulations will occur outside the scheduled class time, so students must have sufficient time and flexibility in their schedule to enable them to devote substantial time to out-of-class negotiation simulations. Practicum and work obligations will not be an excuse for having insufficient flexibility and time to schedule out-of-class negotiation simulations.

              Pursuant to Faculty Rule 9.22.B, no student may withdraw from this course after the start of classes on the first day of the Winter 2005 semester.

COURSE DESCRIPTION: Readings, exercises, and class discussion will focus on theory, law, and practice of transactional and dispute-resolution negotiations. Topics will include application of negotiation theory to practice, ethical responsibilities of the lawyer-negotiator, distributive versus integrative bargaining, adversarial versus problem-solving bargaining, pareto optimality, relationship of bargaining concepts to democratic theory, and the comparison between two-party and multi-party negotiations. Negotiation exercises will provide practice in a variety of legal contexts including lawsuit settlement, labor relations, contracts, and purchase transactions. Most negotiation will occur OUTSIDE the scheduled class time. The focus will be the universal aspects of the negotiation process so that the student will become a better negotiator regardless of career path selected. The theme this year will be the ethical responsibilities and dilemmas confronting the lawyer-negotiator. The final paper will be a crucial component of the course.

LIMITED ENROLLMENT

 

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

 

705 (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.

 

706 (03)                      CONFLICT OF LAWS - CAUST-ELLENBOGEN

Many legally relevant events cut across jurisdictional boundaries. From suits between citizens of different states or countries to disputes that have effects in more than one state or country, questions arise over the power of a state or country to apply its law to conduct that has an impact on the jurisdiction. These questions go to the essence of sovereignty and, at the same time, raise serious issues of interstate relations. The problems are even more complicated in the United States, presenting an overlay of interstate, state-federal, and international relationships. Topics to be covered in the course include: choice of law, constitutional constraints on choice of law and interstate/international recognition of judgments. Special attention will be given to the distinctive problems raised by conflict of laws in the areas of domestic relations and international law.

EXAM

 

708 (03)                      SECURITIES REGULATION - OESTERLE

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. 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 .

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 (03)                      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 (03)                      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 (04)                      FIRST AMENDMENT - FOLEY

This course focuses on freedom of speech and of the press, as well as freedom of association. It also covers the Establishment and Free Exercise Clauses, which concern the relationship of religion and government in our society. The course examines the judicial decisions, primarily from the U.S. Supreme Court, that interpret the First Amendment. A major goal of the course is to examine these precedents from both jurisprudential and practical perspectives.

Exam: take-home

 

 

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 AND SUBSTANCE ABUSE REQUIREMENTS

 

737X (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

 

737Z (02)                   PATENT LITIGATION - PRIOR

PREREQUISITES: PATENT LAW (737)

Patent Litigation focuses on litigation involving issued patents, concentrating on those areas unique to patent law. The course will cover choice of law for procedural matters, claim construction, literal infringement and infringement under the doctrine of equivalents, defenses to a charge of infringement, and damages and other relief. Evaluation will be based on written and oral assignments throughout the course.

 

 

 

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 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/LLOYD

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

 

738.20P (04)               CRIMINAL PROSECUTION PRACTICUM - SIMMONS/ KRIVOSHEY

PREREQUISITES: EVIDENCE AND QUALIFICATION FOR LEGAL INTERN CERTIFICATE

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

LIMITED ENROLLMENT

 

738.20X (04)              MEDIATION SEMINAR PRACTICUM - S. COLE/HINCHCLIFF

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 a 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 2004, the dates for mediation training are August 28-29.

SATISFIES SEMINAR REQUIREMENT

LIMITED ENROLLMENT

 

738.20R (04)              MEDIATION SEMINAR PRACTICUM - ROGERS/COHEN

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 a 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 second weekend the spring semester begins available for mediation training. In 2005, the dates for mediation training are January 22-23.

SATISFIES SEMINAR REQUIREMENT

LIMITED ENROLLMENT

 

738.20Z (04)              CIVIL LAW PRACTICUM - GOLDBERGER/COOKE

738.20Z (04)              CIVIL LAW PRACTICUM - TRAVALIO/COOKE 

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

 

738.20L (04)              LEGISLATION CLINIC - BRUDNEY/ENNS

738.20L (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 Office of the Governor, and cabinet-level agencies of state government.

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

 

738.20T (04)              MULTIPARTY MEDIATION PRACTICUM - STULBERG/COHEN

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 have at least one afternoon free (excluding Friday) for clinic activity and must participate in the mandatory training program on September 11 and 12 (Saturday and 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 (03)                      EMPLOYMENT DISCRIMINATION - CHAMALLAS

This course provides an in-depth examination of Title VII of the Civil Rights Act which prohibits discrimination on the basis of race, color, sex, national origin and religion. Primary emphasis will be on the substantive meanings of discrimination under the Act, including methods of proof in disparate treatment, disparate impact and harassment cases. There will be some discussion of the ADEA (Age Discrimination in Employment Act), but no coverage of the ADA (Americans with Disabilities Act). The grade will be based on an in-class final examination.

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.

 

752 (03)                      ELECTION LAW - FOLEY

This course addresses the laws and judicial decisions that relate to political campaigns and elections. Particular topics include apportionment and gerrymandering, voting rights litigation, and regulation of the ballot. Close attention will be paid to issues of campaign finance, especially those relating to the new McCain-Feingold law upheld in McConnell v. FEC, including recent developments in the context of the current presidential election. The class will also discuss the implications of Bush vs Gore for the future of election law in America. An overarching theme of the course concerns the relationship of the courts to legislative and administrative bodies in setting the ground-rules for democratic government.

EXAM: TAKE-HOME

 

781 (03)          COMPARATIVE EMPLOYMENT DISCRIMINATION LAW - HÉBERT

This course explores selected topics of employment discrimination from a comparative perspective, examining the approaches taken by the United States, Canada, England, and other countries. Topics to be covered will include: gender discrimination, including pregnancy discrimination and sexual harassment; sexual orientation discrimination; race discrimination; and disability discrimination.

EXAMINATION AND CLASS PARTICIPATION

 

782 (03)                      PRODUCTS LIABILITY - NORTHERN

Advanced Torts/Products Liability provides an in-depth look at three categories of personal injury litigation: environmental/toxic torts and products liability.

TAKE-HOME EXAM

 

794H (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.

 

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)                    ADVANCED ISSUES IN DISPUTE RESOLUTION - DEASON

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. Classes will concentrate on major functions and ethical obligations of lawyers in dispute resolution: the lawyer as neutral, the lawyer as designer of systems to resolve disputes, the lawyer as advocate, and the lawyer as counselor. The course is required for students who seek the Certificate in Dispute Resolution.

PAPER AND CLASS PARTICIPATION

SATISFIES SEMINAR REQUIREMENT

LIMITED ENROLLMENT

 

794J (02)                    ADMIRALTY AND MARITIME LAW - CAUST-ELLENBOGEN

The course in Admiralty and Maritime Law is oriented around the adjudication of claims that relate to navigable waterways brought in federal court. Although many of these claims take place on the high seas, the scope of Admiralty and Maritime Law covers all navigable waterways. Thus, Admiralty and Maritime Law also covers claims involving major bodies of water, such as the Great Lakes, major waterways, such as the Ohio River, and quite minor waterways, such as the Olentangy River.

 

The federal courts enjoy subject matter jurisdiction to entertain Admiralty and Maritime claims, often preempting the state courts. Procedurally, Admiralty and Maritime Law presents a rich and confusing set of issues: different terminology, special rules, and interesting separation of powers and federalism problems. We will devote roughly half of the course to these issues. Admiralty and Maritime Law entails virtually all claims that relate to navigable waterways, covering a wide range of substantive issues including property law (salvage), tort law (personal injury, collision, pollution), contract law (chartering, ocean bills of lading, maritime services and products) and insurance law. It also is an intriguing mixture of judge-made law, statutes and treaties. We will not be able to cover all of these areas in a two-hour course. Specific topics will be selected based upon the importance of the area and student interest.

EXAM

 

794J (04)                    INTERNATIONAL INTELLECTUAL PROPERTY - CHOW

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.

    

EXAM AND CLASS PARTICIPATION

 

794K (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

 

794K (03)                   CRIMINAL PUNISHMENT AND SENTENCING - BERMAN

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.

 

794L (03)                   IMMIGRATION LAW - BLOOMFIELD

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.

 

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.

 

794P (03)                    NONPROFIT ORGANIZATIONS - JENKINS

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.

 

794Q (04)                   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

 

794Q (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 public (government-to-government) disputes. Among the new areas for consideration are the dispute settlement mechanisms of the World Trade Organization; the growing number of international tribunals to resolve disputes, such as the International Criminal Court; and the increasing use of international arbitration. The course serves as an introduction to international law, as well as a detailed look at the procedures of international law.

The course has no pre-requisites.

EXAM: TAKE HOME

 

794R (01)                   APPELLATE ADVOCACY III - SUTTON

794Y (01)                   APPELLATE ADVOCACY III - SUTTON

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.)

 

794R (02)                   EMINENT DOMAIN- BRAUNSTEIN

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

EXAM

 

794T (03)                   TRADEMARK - HALPERN

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

EXAM

 

794T (02)                   WHITE COLLAR CRIME - MICHAELS/SUTTON

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.

PREREQUISITE: CRIMINAL LAW (533)

EXAM

 

794U (03)                   LAWYERING IN 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 TAKE-HOME EXAM

 

794U (01)       FOREIGN, INTERNATIONAL & COMPARATIVE LAW LEGAL RESEARCH - HINCHCLIFF/KAHLER

A practical, hands-on course which surveys print and electronic information sources available in foreign and international law. This course focuses on developing efficient and cost effective research strategies, effectively searching Lexis, Westlaw and the Internet, and evaluating foreign and international legal resources.

ASSIGNMENTS, CLASS PARTICIPATION & PRACTICAL EXAM

LIMITED ENROLLMENT

 

794X (03)                   TELECOMMUNICATIONS LAW - SHANE

This course focuses on federal administrative regulation (including deregulation and re-regulation) of electronic audio, video and data signals. We will begin by examining generally the powers, structure and decision making processes of the Federal Communications Commission, and the legal and political constraints within which it operates. The course will then sample the rich array of issues requiring FCC resolution with regard to broadcast radio and television, telephones, and cable systems (with brief attention to satellite). Among the topics to be covered are policies for managing the electromagnetic spectrum; administrative hearings, lotteries, and auctions as alternative methods for assigning broadcast licenses; the fairness doctrine and its demise; children’s TV programming; the regulation of broadcast network relations with producers and affiliated stations; the transition to digital television; the break-up of AT&T; the implementation of competition in the telephone and cable industries; compelled access and “must-carry” rules for cable systems and satellite operators; the control of indecent speech in different communications media, and the regulation of “advanced services,” with its policy implications for the Internet. Evaluation will be based on a final exam, which will be half-essay, half objective questions. Though not a prerequisite, Administrative Law is helpful preparation for this course.                 

 

794X (04)                   TAXATION OF BUSINESS ENTERPRISES - TOBIN

PREREQUISITE: 606 FEDERAL INCOME TAXATION

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

EXAM AND CLASS PARTICIPATION

 

794Z (01)                   ESTATE AND GIFT TAXATION - ROSE

This course deals with the impact of federal taxation on donative transfers. At the heart of the course are the estate, gift, and generation-skipping tax regimes and how they affect estate-planning techniques.

EXAM AND CLASS PARTICIPATION

 

794Z (01)                   WORKERS’ COMPENSATION - SENTZ

COURSE WILL BE OFFERED AUTUMN BREAK, OCTOBER 4-8, 2004

This one-hour “mini-course” will be on Ohio Workers’ Compensation Law and will meet from 8:30 a.m. to 11:30 a.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.

 

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. 

 

797 (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 exercise the unique power of “judicial review.” Some time will also be spent on constitutional theory, principally involving the legitimacy and scope of judicial authority in constitutional cases. Focus will then shift to the “nuts and bolts” of constitutional litigation--how cases are initiated, how the Supreme Court functions in screening and deciding cases, the essentials of effective appellate advocacy in constitutional cases, and the role and impact of leading justices. A “bench memorandum” on a currently pending Supreme Court case and a biographical essay about a sitting Justice are required. There is no exam.

PAPER

 

796.20 (02)                     HISTORY OF AMERICAN LAW AND SOCIETY

                                    SINCE THE CIVIL WAR - STEBENNE

The history of American law and legal institutions, and their relationship to society, from the Reconstruction era through the recent past. Major topics explored in depth include the adoption of a “new” (post-Civil War) Constitution, the emergence of the modern U.S. legal profession, the rise and decline of laissez-faire constitutionalism, the legal system and the advent of the modern welfare state, the moderate constitutionalism of the New Deal era, and the expanding role of law and legal institutions in American society since the early 1960's.

SATISFIES WRITING REQUIREMENT

PAPER

 

796.20H (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.

 

796.20H (02)              SEXUAL ORIENTATION, GENDER, AND THE LAW - COLKER

This course will explore the legal response to the political regulation of sex and sexuality. The subject areas explored will include family law, constitutional law, federal employment discrimination law, and state anti-discrimination law. Topics of particular focus will include the same-sex marriage debate, the effect of voter initiatives on gay rights efforts, and the regulation of abortion. Students will be expected to lead a class discussion related to their research topic and write a draft and final version of a research paper. The final grade will include a class participation component.

 

796.20I (02)                   CHAPTER 11 BANKRUPTCY - BODOH

 

This class will examine the Ch. 11 reorganization process from both theoretical and practical perspectives. The various parties in interest and their respective roles in the process will be identified and reviewed. We will trace a major Ch. 11 case from the pre-filing planning stage through plan confirmation using a petition, schedules, motions and other papers from actual cases. A paper or other writing may be substituted for a final examination.

The course requires prior completion of a bankruptcy or debtor / creditor course. Class attendance is required.

 

796.20J (02)               ISSUES IN ARBITRATION - S. COLE

This course will explore in great depth the important legal issues that have emerged as the use of court-annexed arbitration and pre-dispute arbitration agreements has increased. Topics covered will include the propriety of utilizing pre-dispute arbitration agreements in employment discrimination cases, revamping the Federal Arbitration Act to allow for increased judicial review of arbitral decisions in light of the changed nature of issues in arbitration, the constitutionality of the arbitral process, revisions to the arbitral process itself in order to accommodate the new kinds of disputes entering arbitration, the ability of parties to agree to judicial review of arbitral decisions and many more. Each student will be expected to write and present a 20-25 page research paper during the course of the semester. The course grade will be based on class participation, the paper and the presentation of the paper. SATISFIES THE SEMINAR REQUIREMENT.

 

796.20J (02)              ENVIRONMENTAL JUSTICE - NORTHERN

This course will explore the issues raised by the current debate on environmental justice. In the first part of the course, we will delve into environmental justice issues by looking at the stories, statistical evidence, and explanations of environmental discrimination in minority and poor communities. In particular, we will focus on studies regarding the siting of toxic waste dumps and the debate about the validity and potential causes and explanations for the results of these studies. The second part of the course will cover proposed remedial approaches and the legal and practical obstacles to solving environmental justice problems. We will initially review legal remedies and government responses to environmental justice claims, including applicable federal, state and local law.

In its approach, the course focuses upon an intellectual inquiry into the theoretical and practical issues raised in debates about discrimination and disparate impacts on racial minorities and the poor. At the same time, the course readings intentionally include many personal accounts of environmental discrimination so as to avoid some of the traps and detachment that abstract discussions of legal issues can present with regard to the real day-to-day problems faced by those who have to live with the consequences of environmental decision-making. The goal for this class is to enable you to participate in the environmental justice debate in an informed, sensitive, and knowledgeable fashion.

PAPER AND CLASS PARTICIPATION

SATISFIES SEMINAR REQUIREMENT

 

796.20K (02)              CIVIL LIBERTIES - POWELL

This course will look at the importance of civil liberties in a constitutional democracy and the development of civil liberties protections in the United States. The course will review some of the early cases and controversies and the role of Roger Baldwin and the ACLU. We will then look at some of the current issues including the more recent docket in the Supreme Court and the challenges after 9/11. The course will conclude with trying to anticipate some of the future challenges to civil liberties and some of the ways we might best understand and protect civil liberties.

 

796.20L (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.

 

796.20P (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

 

 

796.20Q (02)              LAW AND RELIGION - LAUGHLIN

This course will examine First Amendment issues raised by both the Free Exercise and the Establishment Clause. In addition, it will explore other intersections of law and religion, including the effect of religion on law and of law on religion. The approach will be interdisciplinary, and there will be guest lectures by anthropologists and theologians, among others.

A RESEARCH PAPER WILL BE REQUIRED

NO EXAM

 

796.20Q (02)              ETHNIC CONFLICTS - QUIGLEY

This is an international law seminar that explores ethnic conflicts from the perspective of how they can best be addressed by international law and by international institutions. Students will be asked to write a single research paper that focuses either on a particular ethnic conflict, or on an issue general to ethnic conflicts, for example, jurisdiction of international institutions with respect to ethnic conflicts, or appropriate methods of resolving ethnic conflicts.

 

796.20L (02)              PROFESSIONAL RESPONSIBILITY - GREENBAUM

796.20R (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. One class session is devoted to issues of substance abuse and will fulfill the Ohio Bar requirement on substance abuse education.

SATISFIES BOTH SEMINAR AND PROFESSIONAL RESPONSIBILITY REQUIREMENTS

 

796.20R (02)              JURISPRUDENCE - HUEFNER

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

SATISFIES SEMINAR REQUIREMENT

 

796.20T (02)              TAX POLICY - TOBIN 

This course provides an introduction to the basic concepts underlying federal tax policy, including principles of fairness, progressivity, neutrality and administrability. Participants will also examine current issues in taxation, including recently proposed and enacted tax legislation with these concepts in mind. Student will be required to complete writing assignments, make presentations, and participate in class discussion.

PREREQUISITE: FEDERAL INCOME TAX (600)

PAPER, PRESENTATION AND CLASS PARTICIPATION

SATISFIES SEMINAR REQUIREMENT

 

796.20T (02)              ETHICS & ADR - FAIRMAN

This course offers both a survey in professional responsibility and in-depth application of the law governing lawyers to alternative dispute resolution (ADR). Grading is based on a pass/fail exam over the basic provisions of the Model Rules of Professional Conduct and a substantial research paper involving a legal ethical issue as applied to the ADR context.

SATISFIES SEMINAR, LEGAL PROFESSIONS (PROFESSIONAL RESPONSIBILITY), AND SUBSTANCE ABUSE REQUIREMENTS

 

796.20U (02)              ADVANCED SENTENCING SEMINAR - BERMAN

 

On June 24, 2004, the dyanmic story of sentencing reform was forever changed when an earthquake in the form of the Supreme Court’s decision in Blakely v. Washington struck the sentencing landscape. Beginning with a brief review of the traditional theoretical justifications for sentencing and the history of sentencing reform, this course will examine in depth the impact of the Blakely decision on society’s evolving legal approach to sentencing. This seminar will particularly explore the impact of Blakely on modern guideline sentencing laws and will track the Supreme Court's efforts “constitutionalize” sentencing procedures.

 

The course culminates with a substantial research paper on a topic of the student’ choosing relating to the Blakely decision and its impact.

.PAPER

 

796.20U (02)              STATE CONSTITUTIONAL LAW - CORDRAY/SUTTON

In this seminar, students will be required to participate in class discussions and write two papers. Students will also be required to prepare a brief class presentation to be delivered in a format that is intended to be genial but adversary. The course is about “state constitutional law.” It will not specifically teach Ohio constitutional law, though some illustrations of the various principles may come from Ohio law. Instead, the subject is a general examination of state constitutional law and its proper role in the fabric of American law. Thus we will inquire into how state constitutional law may be interpreted and applied in the federal and state courts. We will consider its proper place in the hierarchy of federal and state laws that control specific situations, and its practical effects on cases. We will compare the constitutional structures of the state governments, both to one another and to the federal government, and consider how these differences affect issues of structural state constitutional law. We also will examine the rights protected in the Federal Constitution. This last issue has given rise to an especially fertile debate in the last decade. Different views have been expressed about the responsibilities of state courts interpreting state constitutional provisions whose language is identical or closely similar to their counterparts in the Federal Constitution, and about the weight that state courts should give in this regard to the United States Supreme Court’s interpretations of federal constitutional provisions.

PAPER

 

 

796.20X (02)              BIOETHICS - SPINDELMAN

In this seminar, we will consider a range of issues in bioethics, some familiar and traditional, others less so. Topics may thus include: abortion; euthanasia; surrogate motherhood; cloning; cosmetic surgery; gender reassignment surgery; artificial reproduction for, and by, lesbian couples; sexuality-conversion therapy; medical participation in the administration of the death penalty; use of the homeless in pharmaceutical research; and “organ tourism” (First Worlders’ procurement of organs for transplantation from Third World “donors,” and physicians’ involvement in the trade). Throughout, we will critically evaluate the standard approaches to bioethics in an attempt to ascertain their moral sensitivity to the principles of justice they are said to avow. After initial discussions on assigned topics, students will lead the conversation by presenting the provisional results of their seminar paper research.

RESEARCH PAPER (ON AN AGREED-UPON TOPIC IN BIOETHICS ) AND CLASS PARTICIPATION

SATISFIES SEMINAR REQUIREMENT

 

796.20Y(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.

 

 

796.20Z (02)              TOPICS IN THE LAW OF CYBERSPACE - SWIRE 

This seminar will explore topics where the Internet has raised novel legal issues. Topics may include: personal jurisdiction, the First Amendment, E-commerce, privacy, computer security, and especially intellectual property. For each topic, two students will take opposing positions in order to develop arguments about how the law should develop in response to the unique properties of cyberspace.








 





 SUMMER COURSE DESCRIPTIONS

 

603 (4)                        EVIDENCE - SOLOMON

The law of evidence aims at an impossible target: the discovery of truth. By establishing rules for the adversary process, the drafters and judges strive for a reliable method in determining, in hindsight, what happened to whom, when, how, where, and why. The study of this process will focus on the rules and their underlying jurisprudential and empirical basis, as well as the practical way the rules are implemented.

TEACHING METHOD: PROBLEM ANALYSIS WITH MIXTURE OF LECTURE, DISCUSSION, AND SIMULATION

EXAM: OPEN BOOK; COMBINATION STANDARD ESSAY, OBJECTIVE

 

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 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.

EXAM: ESSAY AND/OR SHORT ANSWER–OPEN BOOK

 

607.02 (04)                 BUSINESS ASSOCIATIONS - SHIPMAN

This four-hour offering is open to any law student who has completed the first year. It covers, in a general way, corporations, partnerships, and LLC’s (limited liability companies) along with some agency law. [All of these are bar subjects.] Of course, I cover much less than my six-hour offering during the regular term; but I cover enough, so that you can comfortably go from here into advanced courses. In this offering, I use far less material, though statues and regulations are used extensively - Delaware and Ohio - (no duplicated materials).

 

I pay equal attention to litigation and to office practice. The course is not nuclear physics. It is quite doable for those who work hard. No background in economics, business, finance or accounting is presupposed. We build from the ground up. This course, aside from being a bar course, is useful for: 

1. Contemplating a general practice, for business is a core function of our society.

                            2. Anyone contemplating a career in business or government.

3. People thinking about a career in business or tax law or in corporate, securities, bankruptcy, international, real estate, intellectual property or family law.

 

There is one exam - the final exam, which will determine your grade (no papers or memoranda). Class participation, steady attendance, and good preparation are required.

 

This course is practical, while also tending to usual normative, doctrinal, analytic, and synthesizing functions. A good experience.

 

697R                           COMPARATIVE SENTENCING AND PUNISHMENT (OXFORD) - HAWKINS

 

697T                           COMPARATIVE CIVIL PROCEDURE (OXFORD) - FAIRMAN

 

697X                           COMPARATIVE LEGAL PROFESSIONS (OXFORD) - WHELAN

 

697Y                           COMPARATIVE CORPORATE LAW (OXFORD) - OESTERLE

 

697Z                           EUROPEAN UNION LAW (OXFORD) - WHELAN

 

704 (4)                        TRIAL PRACTICE - KRIVOSHEY

PREREQUISITE 603 EVIDENCE                                                                                                           

This course teaches basic trial practice necessary for presentation of elementary jury trials. Teaching combines student simulations of the various aspects of a jury trial with lectures and videotapes. Each student will participate in presenting one complete trial during the course.

THIS COURSE IS GRADED ON CLASS PARTICIPATION

SECTION LIMITED TO 20 STUDENTS

              

ONE CREDIT COURSES

The following courses are each worth one credit hour and have limited enrollment.

 

794K (1)                     DEPOSITIONS - JUDGE TERENCE KEMP

We will cover the procedure and problems associated with taking a deposition. We will focus on how a deposition can most effectively be taken and how the information can be integrated with other discovery mechanisms. The goal is for each student to be able to handle the deposition process from the start of discovery to the end of the trial. Students will be graded based on IN-CLASS QUIZZES, A WRITTEN EXERCISE, AND CLASS PARTICIPATION.

 

794L (01)                   FOREIGN, INTERNATIONAL & COMPARATIVE LAW LEGAL RESEARCH - HINCHCLIFF/KAHLER

A practical, hands-on course which surveys print and electronic information sources available in foreign and international law. This course focuses on developing efficient and cost effective research strategies, effectively searching Lexis, Westlaw and the Internet, and evaluating foreign and international legal resources.

ASSIGNMENTS, CLASS PARTICIPATION & PRACTICAL EXAM

LIMITED ENROLLMENT

 

794R (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.

 

794X (1)                     JURY SELECTION: THEORY & PRACTICE - KRIVOSHEY

This course concentrates on techniques used by trial lawyers to secure the most favorable jury composition. It will combine simulations with lectures and readings by social scientists and jury consultants.

Method of evaluation: DAILY CLASS PERFORMANCE AND ONE HOUR EXAM

 

794Y (1)                     EXAMINATION OF WITNESSES - COOKE

This course will cover witness preparation, direct examination, cross-examination, and redirect, for both fact and expert witnesses. Each day, students will participate in simulation exercises to develop the skills necessary to examine witnesses.

Method of evaluation: CLASS PARTICIPATION AND PERFORMANCE OF FINAL MOCK EXAMINATION

 

794Z (1)                     INTERNATIONAL BUSINESS LITIGATION-CHOW

As the volume and complexity of international business has risen dramatically in the past several decades, so have the complexity of international business disputes. This course will focus on the resolution on disputes in international business transactions through litigation and arbitration. We will also examine the growing field of international social obligations on the part of multi-national corporations, the principal actors in international business today. Method of evaluation will be an in-class examination and classroom performance. Our text will be xeroxed materials, Chapters 8 & 9, D. Chow & T. Schoenbaum, International Business Transactions (2004), which will be available for purchase in the copy center in the law school.

 

 

796.20V ( 02)              CRITICAL RACE NARRATIVES - VERDUN/ V. LEE

This course will focus on the relationship between narrative and law by using critical race theory and feminist legal theory to examine how race in America is a narrative of property and power. By reading a number of essayists and several novelists, we will explore such questions as: Who owns the narrative of slavery? Who can tell whose story? How has the law served as a totalizing presence in the lives of people of color? How do contemporary African American scholars, and other Scholars of Color (Critical Race Theorists) challenge concepts such as “property,” “Witness,” “evidence,” “white innocence”? All of the novels that we will read will have as their genesis or focal point issues of law. All of our legal theorists assume that “wherever there is law, there is narrative.”

PREREQUISITE: NO FORMAL PREREQUISITE TO THIS COURSE

 

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. Students will register for 713 credit through the Moritz Registrar’s office, not on line.

 

735 (1-5)                     LAW JOURNALS

Under this general number and with the approval of the faculty advisor, students may earn credit on one of the College’s journals. Students will register for 735 credit through the Moritz Registrar’s office, not on-line.

 

 

793I (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. Students will register for 793 credit through the Moritz Registrar’s office, not on-line.

 

 

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. Students will register for 793 credit through the Moritz Registrar’s office, not on-line.

 

793L                           CAPITAL LAW COURSES

Students can register for any open course at Capital Law School not offered at Moritz. For more information, students should contact the Moritz Registrar.