Washington University Law
A Washington University Law education introduces students to all facets of the law while also empowering them to personalize their curriculum and further investigate their areas of interest. Our program is designed to educate well-rounded, thoughtful attorneys. Students will be well prepared to make a difference for their clients, with a solid foundation in the history of the law and the skills needed to respond to new challenges.
In addition to offering a curriculum that leads to the JD degree, the School of Law offers multiple joint-degree programs with other graduate schools on campus as well as a variety of advanced post-JD degree programs. We also offer graduate law programs online.
Contact Information
Washington University School of Law
Anheuser-Busch Hall
One Brookings Drive
St. Louis, MO 63130
Contact Info
Phone: | 314-935-6400 |
Website: | http://law.wustl.edu |
Courses include the following:
- W74 LAW (Law School)
- W75 LAW (Law)
- W76 LAW (Law)
- W77 LAW (Law)
- W78 LAW (Law)
- W79 LAW (Law)
- W80 OLAW (Law Online)
Law School
Visit online course listings to view semester offerings for W74 LAW.
W74 LAW 500B Legal Practice I: Objective Analysis and Reasoning
This course teaches students the fundamental skills of legal writing and analysis - essential tools of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 2 units.
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W74 LAW 500C Legal Practice II: Advocacy
This course teaches students the fundamental skills of legal writing and analysis - essential tools of the lawyering profession. This course is part of the first year J.D. law curriculum. It is open only to law students in the J.D. program.
Credit 2 units.
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W74 LAW 500D Legal Research Methodologies I
This course teaches students the fundamental skills of legal research - an essential tool of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
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W74 LAW 500E Legal Research Methodologies II
This course teaches students the fundamental skills of legal research - an essential tool of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 1 unit.
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W74 LAW 500F Legal Practice I: Objective Analysis and Reasoning
This course teaches students the fundamental skills of legal writing and analysis - essential tools of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 2 units.
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W74 LAW 500L Legal Practice II: Advocacy
This course teaches students the fundamental skills of legal writing and analysis - essential tools of the lawyering profession. This course is part of the first year law curriculum. It is open only to law students in the J.D. program.
Credit 2 units.
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W74 LAW 501H Contracts
Legal enforcement of consensual agreements. This course is part of the first-year law curriculum.
Credit 4 units.
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W74 LAW 503C Introduction to Negotiation & Dispute Resolution
This January Intersession course is part of the J.D. first-year curriculum. (It is not open to non-first-year J.D. students.) Learning the skills of negotiation by simulations in which students will negotiate and watch their classmates negotiate.
Credit 1 unit.
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W74 LAW 506 Civil Procedure
Civil litigation, including pleading, discovery, pretrial motions, jurisdiction, parties, jugments. This course is part of the first-year law curriculum.
Credit 4 units.
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W74 LAW 507Z Property
Real and personal property, the estate concept, someof the problmes of landlord and tenant law, future interests, easements. This course is part of the first-year JD curriculum.
Credit 4 units.
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W74 LAW 510E Topics in Sports Law (Koller)
This course will use both case law and current events to introduce you to the legal foundations of each context in which athletes engage in sports: interscholastic, intercollegiate, Olympic, and professional. In doing so, this course will also examine sports structures through a critical lens by considering social justice issues-such as racial and gender equity, economic inequality, and participation rights for persons with disabilities-that are raised by our current sports structures. Grades will be based on a final paper.
Credit 1 unit.
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W74 LAW 510F Legal Issues in Sports
This course introduces the fundamentals of sports law. It teaches the basic tenets of a variety of legal disciplines through the lens of sport, and it focuses on legal issues that have a direct relationship to sport with an emphasis on current legal sports issues in the news. In the tort arena, we will explore the potential liability of athletes for reckless violent actions toward their competitors; of sports teams and leagues for failing to adequately protect the health of participants (e.g., concussion lawsuits); of coaches, trainers and medical personnel at all levels for failing to properly train, monitor and assess athletes; of product manufacturers for injuries caused by defective sports equipment; and of teams for injuries to spectators, among other potential liabilities.
Same as B63 MGT 570E
Credit 1.5 units.
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W74 LAW 515D Torts (Tamanaha)
Liability for intentional or accidental injuries to persons or property. This course is part of the first year JD curriculum.
Credit 4 units.
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W74 LAW 520C Constitutional Law
An examination of federalism issues under the Constitution, including judicial review, the commerce clause, separation of powers, intergovernmental immunity, and related topics. This course is part of the first-year law curriculum.
Credit 4 units.
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W74 LAW 521F UCC: Article 2
This course focuses primarily on sale of goods transactions under UCC Article 2. This is a problem-oriented course. After reading cases, text and Code provisions, students will complete problems at the end of each casebook assignment. Class time will be spent working through each of the problems. Attendance, participation and preparation will all be required. The final grade will be based on a single three-hour final exam. 3 units.
Credit 3 units.
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W74 LAW 522A National Security Law
This course will examine the distribution of war-related powers among the federal government's three branches; standards for the detention and treatment of U.S. citizens and others during wartime; restrictions on the ability of the government to conduct surveillance; and the control of national security-related information. Students are expected to participate in class discussions, and complete a take-home exam. 3 units.
Credit 3 units.
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W74 LAW 522B Contemporary Issues in National Security Law (Berman)
This eight-week, 1-credit course will focus each week on one area of national-security law that has been in recent headlines. Examples include surveillance, border security, presidential emergency powers, the use of cyber-force, and the domestic use of the military. We will discuss the questions that these issues raise at all levels of our legal framework-constitutional, statutory, and regulatory-as well as their policy implications. Grades will be based on class participation (10% of your grade) and one final exam (90% of your grade), which may consist of multiple choice, short answer, and essay questions. The exam will be limited open book-you may refer to your class notes, any assigned reading material, and any study guides or outlines that you participated in generating. Reading materials will be posted online. There is no required case book for this course.
Credit 1 unit.
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W74 LAW 522C National Security Law (Kaufman)
This course surveys the framework of domestic laws-constitutional, statutory, and regulatory-that variously authorizes and constrains the U.S. government's pursuit of national security policies, with an emphasis on developments in this area since September 11, 2001. This broad survey course in national security law analyzes the balance between liberty and security, examining both substantive questions (how and where to strike the balance?) and institutional questions (what are the roles and powers of the president, Congress, and courts in striking that balance?). National security contexts explored include (1) the use of force abroad (including targeted killing), (2) domestic security (including state restrictions on civil liberties), (3) secrecy, (4) surveillance, and (5) investigation, prosecution, detention, and interrogation of suspected perpetrators of terrorism and atrocity crimes. Assessment will be on the basis of class participation and a blindly-graded final exam. 3 Credits
Credit 3 units.
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W74 LAW 523B Advanced Legal Research (Berwick/Woodham)
Enrollment limit: 30. Advanced legal research is a two credit course covering all aspects of the legal research process. Areas to be covered include: legal publications that assist the practicing attorney, sources of foreign and international law, sources that assist the legal researcher in gathering scientific and social science data. Special emphasis will be given to online sources of information. Laptops are required. The grade will be based on a 24-hour take-home final exam. 2 units.
Credit 2 units.
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W74 LAW 523C Law and Economics (DHC)
Law and Economics examines the ways in which various economic theories influence legal policy making, and the equally important ways in which legal institutions and organizations influence economic activity. The course, which requires no previous economic training, focuses on the complex of relations between various bodies of legal doctrine - property, tort, contract, criminal, and regulatory law - and economic behavior in the marketplace.
Credit 2 units.
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W74 LAW 523D Advanced Legal Writing
Enrollment limit: 16. Drop deadline: Monday, Aug. 22, 2016. As described below, students will be required to draft a significant number of written assignments in a very short time frame during this advanced legal writing course. As a result, a strong foundation in written English is highly recommended for students taking this course. The purpose of this course is to provide students with exposure to and practice in various types of legal writing and legal drafting they will likely encounter in practice. Students will work with a wide a variety of legal documents in the practice areas of real estate law, estate planning and drafting, litigation, and business law. Class time will be spent developing skills pertinent to each area of writing and/or drafting being addressed and to participating in workshop activities that will prepare students for their writing assignments. Emphasis will be put on working with students through class time, individual conferences as requested, and feedback, all aimed at enabling students to further develop their skills in legal writing. Grades for this course will be based on weekly writing assignments. There will not be a final exam. Assignments in Litigation Section of Course: Based on a hypothetical fact pattern and relevant case law (you will not do any independent research), you will be required to prepare three written assignments (each one due one week apart): (1) letter to client; (2) memorandum of law in support of preliminary injunction; and (3) memorandum of law in opposition to motion to dismiss tortious interference claim. Assignments in Real Estate Section of Course: Evolving from commercial and residential sales contracts and leases discussed in class, assignments will include internal law firm memoranda and correspondence to opposing attorneys regarding negotiated issues. Assignment in Business Law Section of Course: Weekly contract drafting assignments are based on facts obtained by students during in-class interviews of the client (the professor), and after a presentation of background on the anticipated substantive issues involved with the contracts to be drafted. Examples of past assignments include: nondisclosure (confidentiality) agreements, letters of intent for acquisition of a business, term sheets for commercial loans, and key provisions in agreements for the manufacture of snack foods. Each drafting assignment will also include cover communications to accompany the contract (i.e. to the managing partner, client, or opposing attorney). Students will also be asked to record the time spent on the projects to submit a bill to the client as part of the last drafting assignment. Assignments in the Estate Planning Section of the Course: Students will be asked to generate core estate planning documents such as durable powers of attorney for finances, powers of attorney for health care, advance health care directives, wills or codicils, and trust amendments. Additionally, students will prepare client correspondence relating to various document production stages including cover letters for drafts, execution documents, and final estate planning documents. 2 units.
Credit 2 units.
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W74 LAW 523H Practical Legal Writing and Analysis for Litigators (Perry)
Enrollment limit: 16. This 2-unit course will teach techniques for producing clear, concise, and persuasive writing and will provide several opportunities for the students to practice those techniques. This skills course will build on the writing and analytical techniques learned in the first-year writing course by introducing additional techniques for efficiently producing persuasive legal arguments. The course will explore all aspects of writing from selection of legal authorities and organization to sentences and word choice. The course will also emphasize the importance of editing and provide opportunity to develop those skills as well. Because the class focuses on writing and analysis, students will not be performing legal research, but will be provided the legal authorities that they need for the assignments. Due to the small size of the class and the ongoing nature of some of the writing, some of the assignments may not be graded anonymously. Laptops will not be allowed in class. Grades will be based on the writing assignments and participation. There will be no exam. 2 units.
Credit 2 units.
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W74 LAW 523J Law and Economics
Law and Economics examines the ways in which various economic theories influence legal policy making, and the equally important ways in which legal institutions and organizations influence economic activity. The course, which requires no previous economic training, focuses on property, tort, contract, intellectual property, litigation, criminal, and regulatory law. We also discuss the scientific status and inherent limitations of economic analysis, and the effect of law on economic rents and inequality. Grading is based both on class participation and on a three-hour final examination. 3 units.
Credit 3 units.
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W74 LAW 523K Advanced Persuasive Writing (Finn)
This course will build on the skills developed in the first year Legal Practice course. Students will apply principles of classical and contemporary rhetoric to improve the effectiveness of their written arguments. The focus will be on writing, so no outside legal research will be required. Weekly class meetings will include in-class individual and group writing exercises and peer editing exercises. The students' grades will be based on in-class participation and on a final persuasive brief.
Credit 2 units.
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W74 LAW 523M Advanced Legal Research: Analytics for Lawyers, Social Science Research for Effective Advocacy (Hook
This course helps law students acquire technology competence and data literacy in the context of social science, quantitative, and empirical research. Ever since the advent of the Brandeis brief, social science, quantitative, and empirical research have been marshalled for effective judicial advocacy. This course surveys and contextualizes past uses of such research and equips students with the ability to locate the same for improved advocacy. Students will become familiar with a wide range of tools, datasets, and techniques, and will be able to use them to marshal evidence for a particular litigation scenario. Additionally, students will learn an analytical framework to identify the insight-needs required for a particular advocacy application. Tools and concepts include: Bloomberg Analytics; Westlaw Analytics; Lex Machina (Lexis); Context (Lexis); network visualization tools; Microsoft Excel; statistical and regression analysis; gerrymandering analytics; census data; geographic information systems; expert witness analytics; empirical analysis of courts; genetic genealogy; and corpus linguistics.
Credit 1 unit.
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W74 LAW 526D Families in Dissolution (Appleton)
This course uses case law and statutory material to explore key elements of the family lawyer's practice: divorce, child custody, and the economic consequences of family dissolution (specifically, division of property, spousal support, and child support), with some attention to related issues of premarital agreements and intimate partner violence. In addition, the course will situate all these topics within a larger framework that considers, for example, religion, gender, economic and other inequalities among families, the "retreat from marriage," and the role of the state in family life. Grades will be based on a two-hour final examination, with additional points available for class participation. Students who have taken Family Law cannot take this course, and students who take this course cannot take Family Law in subsequent semesters. 2 units.
Credit 2 units.
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W74 LAW 528H Media Law
This course will cover a wide range of legal issues relating to the contemporary news media, including the law of newsgathering, defamation and other speech-based torts, privacy rights, prior restraints, confidentiality of sources, constitutional and statutory rights of access to information, and anti-SLAPP laws. Students will consider emerging issues such as "fake news," politically-charged defamation cases, the use of social media to gather and report news, and proposed reforms to Section 230 of the Communications Decency Act. The course will also examine the theoretical justifications for freedom of speech and freedom of the press. Grades will be based on writing assignments and will also take into account class participation and attendance. 3 units.
Credit 3 units.
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W74 LAW 529D Election Law
This 2 unit course will examine constitutional, legislative, administrative, and judicial requirements that structure the political process. It will also explore the political theories that underlie these doctrinal principles. Topics to be considered will include such matters as campaign finance and disclosure rules, prohibitions of political corruption, redistricting, ballot propositions, and election administration. Regular attendance and preparation will be expected, and sanctions may be imposed on egregious offenders. The course grade will be based on a timed exam.
Credit 2 units.
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W74 LAW 529E The Roberts Court
Enrollment limit: 50. Drop Deadline: Sunday, Jan. 21, 2018, 9:00 pm. Co-taught by Professor Lee Epstein and Mr. Adam Liptak (Supreme Court correspondent of the New York Times), this course will examine the contemporary Supreme Court. Topics include the Court's membership; its procedures for selecting cases for review; the role of lawyers, law clerks, and journalists; and doctrinal developments in several areas of the law. There will be a take-home final exam, to be administered the following weekend - available via MyLaw. Students are expected to thoroughly read the course materials prior to the start of the class.
Credit 1 unit.
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W74 LAW 530A Administrative Law (Levin)
Administrative Law is the "Civil Procedure" of the regulatory process. The course deals with laws governing administrative agencies at both the federal and state levels. We examine the procedural mechanisms that agencies use as they draft regulations, disburse welfare benefits, grant licenses, and pursue violators of regulatory statutes. We also study the procedural rights agencies must afford to private parties, and the ways in which administrative officials are supervised by Congress, the White House, and especially the courts. Although the course does not examine in detail the substantive laws administered by the NLRB, EPA, HHS, FCC, etc., it provides the background needed to understand the operations of these and other agencies. Regular attendance and preparation are expected, and sanctions may be imposed upon egregious offenders. Course grade will be based on a timed exam. 3 units.
Credit 3 units.
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W74 LAW 530H Administrative Law
This course will introduce students to the administrative state, and especially to the law that governs (and is made by) federal executive agencies. Topics will include the statutory and constitutional framework that governs administrative rulemaking and adjudication; the proper role of agencies in interpreting statutes and regulations; and judicial review of agency decisions. The course grade will be based primarily on a final exam, but may take class participation and attendance into consideration. 3 units.
Credit 3 units.
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W74 LAW 535E Comparative Law (De Geest)
In a globalizing world, lawyers are increasingly confronted with foreign legal systems. This course offers an introduction to comparative law, and consists of three parts. The first part surveys the most striking differences in property law, tort law, family law, corporate law, criminal law and litigation law, discusses the historical and economic literature that tries to explain these differences, and explores more general themes such as the effects of regulatory competition (race to the bottom or to the top?), the importance and effectiveness of legal transplants, and the relationship between the quality of law and economic growth. The second part offers an overview of the history and typical features of the principal legal families (with particular emphasis on the civil law tradition). The third part focuses on contract law in particular, and compares American, English, French, and German law. Classroom instruction is by lecture and discussion. Laptops are not allowed in class. The grade will be based on a three-hour, closed-book examination. 3 units.
Credit 3 units.
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W74 LAW 535J Comparative Law (Garlicki)
In a globalizing world, lawyers are increasingly confronted with foreign legal systems. This course is based on the assumption that national legal systems may be organized into certain "legal families". Among them, the civil law and the common law systems (families) are the closest ones to our tradition. The general question here is to what extent the globalization resulted in a certain convergence of the traditional systems and what is the role of international and supranational legal systems in imposing such convergence. The first part offers a general discussion on the method of comparative law and on the principal characteristics of the civil law system, the common law system and some other types of legal systems. Furthermore, some problems of techniques of comparative law and comparisons of judicial styles will be considered. The second part of the course will be devoted to analyzing a few selected examples comparing how similar institutions and procedures are elaborated in different legal systems. We will focus on comparative problems of the judicial review (diffused v. concentrated systems) and of the modern constitutions (including the review of constitutionality of constitutional amendments). Furthermore, we will compare the concept of contract and tort in the law of obligations. Finally, one class will be devoted to discussion on the criminal procedure (including the problem of the "fruits of the poisonous tree" concept). Classroom instruction will combine lecture, students in-class presentations and discussion. Lap-tops and similar devices are allowed in class. The grade will be based on in-class participation and in-class presentations (30%) and on a take-home, unlimited in time exam (70%).
Credit 3 units.
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W74 LAW 535K Comparative Law (A. Katz)
An introduction to the comparative study of different legal systems. This course will focus primarily on the question of how law and order are maintained, and justice pursued, under two major "legal families," the civil law and the common law systems. Our overarching aim in this course will be to explore the extent to which differences in legal doctrine and practice reflect larger differences in social structure. The first part of the course introduces us to comparative law as a method, to the principal characteristics of the civil law and common law systems, and to basic structures elaborated under these systems and their functioning, among them courts and judicial review. Next we will explore how similar institutions and procedures are elaborated in different legal systems, among them civil and criminal procedure; contracts and torts; and property. We then turn to modern constitutions, and a brief selection of issues they contend with, including structural design (the presidentialism vs. parliamentarism debate); human dignity; freedom of speech; and the family. Finally, we consider the extent to which we may be witnessing a convergence of traditional systems under globalization (considering specifically the role of international and supranational legal systems) and the backlash thereto. Our goal is for students to come away with some knowledge of foreign law and with a heightened awareness of some of the ways in which foreign societies can differ from our own. Take-home examination or paper option.
Credit 3 units.
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W74 LAW 535M Comparative Constitutional Law
This course will cover a series of topics arising in the comparative study of constitutional systems, with a degree of focus upon constitutional design and political outcomes. Each week, we will cover a different element of the constitution, including: the nature of a constitution, the preconditions for constitutionalism, forms of government, the foundations of judicial power, the role and design of courts, constitutional "borrowing" across regimes, and the evolution of constitutionalism on a global scale. We will discuss judicial methods of interpretation, including proportionality and rights balancing. We will also explore comparative rights jurisprudence in areas including freedom of expression, equality and non-discrimination, religion, privacy and the family. Finally, we will discuss doctrines of constitutional maintenance and survival, including militant democracy and the "basic structure doctrine," and will consider why some constitutions endure while others fail. Ultimately, the aim of the course is to not only to expose students to different approaches to constitutionalism the world over, but also to help them better understand their own constitutional system. Grades will be based on attendance, class participation, and a final exam. 3 credits
Credit 3 units.
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W74 LAW 536 Conflict of Laws (Appleton)
Conflict of Laws considers the following three questions: What law applies to cases connected to more than one state or country (choice of law)? What courts have the authority to decide such cases (jurisdiction)? What is the effect elsewhere of a court's decision in such cases (recognition of judgments)? The cases examined span a range of subject matters, including torts, contracts, and property, just to name a few examples. Today, family law cases provide especially fertile ground for analysis in Conflict of Laws, given different states' and countries' varying positions and policies on topics such as same-sex marriage, adoption, abortion, and surrogacy arrangements. Other timely contexts include mass tort cases and controversies in "Cyberspace." Although the course emphasizes conflicts among the American states, selected international problems are included. The course covers material that is both theoretical and practical. In terms of theory, the course explores questions of power, authority, and the nature of law, in light of the courts' evolving understanding of such concepts. In terms of practice, the course confronts a reality of the modern world: the vast majority of legal problems today are not confined to a single state or even a single country. Because class discussion is a vital part of the course, regular class attendance and preparation are required, and students may not use laptops. Grades will be based on a closed-book final exam and additional points for class participation. 3 units.
Credit 3 units.
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W74 LAW 536B Conflict of Laws
This course examines legal problems that arise from occurrences transcending state or national boundaries: choice of applicable law, constitutional limitations thereon, jurisdiction of courts, and recognition of foreign judgments. Although the course will emphasize conflicts among the American states, selected international problems will be examined. Conflict of Laws provides an excellent review of a number of substantive courses as well as Civil Procedure because the cases examined in Conflict of Laws cover a variety of different topics including, for example, Torts, Contracts, Property, Insurance, and Family Law. Several contemporary controversies raise issues explored in this course: the effect elsewhere of same-sex marriages validly celebrated in Massachusetts or countries such as Canada, similar issues regarding civil unions and domestic partnerships, the applicability of abortion restrictions across state lines, mass tort actions, and the laws governing "Cyberspace" - to name just a few examples. Regular class attendance and participation are required. The exam will be an open-book, three-hour test. 3 Units.
Credit 3 units.
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W74 LAW 538A Corporations
This 3 unit course surveys the role of legal controls on the organizations through which business is conducted in the United States. These organizations include publicly held corporations, which are the focus of the course, as well as closely held corporations and partnerships. Topics include the formation and legal structure of business organizations, fiduciary duties, executive compensation and aspects of the law relevant to mergers, acquisitions, and takeovers. The course will emphasize the functional analysis of legal controls and introduce students to contemporary policy debates and basic financial and accounting concepts. There will be a final examination. This course is a prerequisite for Securities Regulation. 3 units.
Credit 3 units.
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W74 LAW 538K Corporations
This course considers various problems regarding the organization, control and management of modern corporations. At the outset, the course examines the basic purpose and structure of the corporate form, as well as the fundamental fiduciary duties owed by directors, officers and other corporate insiders. In addition to considering some special problems of close corporations, the course explores more sophisticated topics involving derivative suits, insider trading, short-swing profits, proxy solicitation, mergers & acquisitions, corporate takeovers and complex debt transactions.
Credit 3 units.
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W74 LAW 538L Corporations
This course covers the structure and characteristics of modern business associations including publicly held and closely held business corporations; the organization of business associations; the distribution of corporate power between management and shareholders with emphasis on the fiduciary duties of directors and officers; and the effects of federal securities law on business associations, particularly the securities fraud rules such as Rule 10b-5 and the proxy (or voting) rules. There will be a final exam.
Credit 3 units.
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W74 LAW 538M Corporations
This survey course examines the law governing the relations among individuals and entities affiliated with various business organizations. Specifically, the course considers the law of agency, partnership, corporations, and limited liability companies (LLCs). 4 units.
Credit 4 units.
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W74 LAW 538U Corporations (D'Onfro)
This 3-unit course surveys the role of legal controls on the organizations through which business is conducted in the United States. These organizations include publicly held corporations, which are the focus of the course, as well as closely held corporations, limited liability companies, and partnerships. Topics include the formation and legal structure of business organizations, fiduciary duties, executive compensation and aspects of the law relevant to mergers, acquisitions, and takeovers, and insider trading. The course will emphasize the functional analysis of legal controls and introduce students to contemporary policy debates and basic financial and accounting concepts. This class is interactive. Students should expect in-class projects and discussion in addition to lectures. To facilitate discussion, laptops are prohibited. There will be a final examination that does not permit the use of books or notes. This course is a prerequisite for Securities Regulation and various externship opportunities.
Credit 3 units.
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W74 LAW 538W Corporations
In many areas of legal practice, it is essential to have a general familiarity with the law of business organizations. This course provides much of that foundation by surveying the laws regulating modern business associations, with a focus on publicly traded corporations. Topics covered in this course include the formation and legal structure of business organizations; the distribution of power between management and shareholders (with a particular emphasis on the fiduciary duties of directors and officers and shareholder litigation); the rights of creditors; the legal implications of mergers, acquisitions, and takeovers; and insider trading law. To facilitate discussion, laptops are prohibited. There will be a final exam. This course is a prerequisite for various courses such as Mergers & Acquisitions and various externship opportunities. 3 units.
Credit 3 units.
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W74 LAW 540B Business Acquisitions
Enrollment limit: 50. This course constitutes an interdisciplinary approach to acquisitive business transactions. Emphasis will be placed on the role of the business attorney as a facilitator, who enhances the value of the transaction for the business client. The Course emphasizes the multiple skills and disciplines utilized by the attorney engaged in an acquisition transaction. In that regard, we will analyze the financial, business, tax and legal issues involved in the formation, negotiation, structuring and documentation of a business acquisition. The Course begins with an analysis of the motivations of the buyer and seller, with a brief explanation of the principles used in determining the value of the target business. The Course continues with an analysis of the various transaction structures used in business acquisitions, together with an in depth analysis of the negotiating process and particular legal issues involved in the acquisitive transaction. Finally, the Course analyzes the respective roles of the board of directors, shareholders and the courts with respect to the sale and purchase of a corporation whose stock is publicly traded. The Course is best suited for a student who has an interest in business transactions as a future vocation, whether as a lawyer, financier or investment banker. Students will be expected to be prepared for and participate in class, and there will be a final exam. Pre/co-requisites: Corporations. It would be helpful, but not necessary, to have taken or be taking Federal Income Taxation. Because there is usually a waiting list for this Course, students who wish to drop the Course must do so within the first two weeks of the beginning of the semester.
Credit 3 units.
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W74 LAW 542L Criminal Procedure: Investigation
This course provides a detailed introduction to the procedural rules constraining the investigation of crime by law-enforcement officers. The course will largely focus on federal constitutional law, particularly the Fourth, Fifth, and Sixth Amendments. Topics include the power to arrest and seize; the reasonableness of various kinds of searches; limits on electronic surveillance; the exclusionary rule for illegally obtained evidence; the Miranda doctrine; and the right to counsel's restrictions on police interrogation. Students may take both Criminal Procedure: Adjudication and this course. Grades will be based on a final examination and may take class participation, attendance, and professionalism into consideration. Electronic devices will not be permitted. 3 units.
Credit 3 units.
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W74 LAW 542M Criminal Procedure: Investigation
This course is a study of the constitutional constraints on criminal investigation. Under what circumstances are police permitted to stop you on the street, fish in your pockets, or open your wallet and remove its contents? What legal rules govern jailhouse interrogations? At what point in a criminal investigation does the right to confer with counsel attach? In surveying the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution and their interpretation in Supreme Court jurisprudence, we will consider answers to each of these questions. Upon completion of the course, students will understand how the Constitution and related case law govern the opening stages of the criminal process. 3 units.
Credit 3 units.
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W74 LAW 544E Biosciences, Causation, and Tort Law (Green)
This course builds on tort law and involves its application in a specialized area that focuses on the harm suffered. Rather than traumatic injuries, toxic torts are about diseases suffered as a result of the wrongful conduct of another. Of course, automobiles, baseball bats, and widgets don't cause disease. Instead, diseases (for our purposes) are caused by drugs, chemicals, minerals (asbestos is, after all, a type of mineral), radiation, cigarette smoke, and similar substances. Those substances, the diseases they cause, and the lawsuits they spawn frame this course. Among the many special problems that exist in this area of tort law is causation, and that will be the focus of the course: addressing the theory of factual causation and then understanding the different types of scientific evidence brought to bear on the issue of causation, which include primarily epidemiology, as well as toxicology, and genetics. Caution: This course has a heavy science component and a little bit of standard statistical methods of the sort taught in an undergraduate liberal arts course. If you came to law school to avoid any further contact with science or basic math, this course is not for you. Final grade will be determined based on the final examination, group project and presentation, and class participation. 2 Credits
Credit 2 units.
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W74 LAW 547K Evidence
We will study the principles and rules that regulate the presentation of evidence at trial using the Federal Rules of Evidence, involving both lecture and problem solving. Topics covered include relevancy and its limits, various policy and efficiency-based limitations on the receipt of evidence, the rule against hearsay and the more important hearsay exceptions, rules governing the impeachment of witnesses, privilege and expert testimony. Class participation and consistent attendance are required. While not taught as a traditional law school class in that the class does not emphasize case analysis, participation includes both answering questions provided in lecture notes and group (law firm) exercises, which require out of class work. The group (law firm) exercises include a Practice Problem in most lectures which will require a few of the law firms to take assigned roles (Plaintiff, Defendant and Judge) to make an objection to evidence and present testimony and legal arguments about an issue raised from the class materials. There will be a mid-term practice exam made up of 20 multiple-choice questions from a prior final exam which will not count as part of a student's grade and instead is a self-evaluation of a student's understanding of the material studied up to that time. There will be an unscheduled, modified open book final exam which includes both an essay question with multiple prompts and 40 multiple choice questions. ABA Standard 310 requires "not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time" for each credit hour awarded. This course is designed to meet this requirement, and each student is expected to spend on average no less than two hours of out-of-class time for each one-hour of in-class time, per credit hour. 3 units.
Credit 3 units.
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W74 LAW 548 Family Law (Appleton)
This course examines the state's role in family and other intimate and caregiving relationships, with primary emphasis on the formation, recognition, protection, and dissolution of adult relationships. Specific topics include laws governing reproductive rights, sexuality, marriage, marital property regimes, nontraditional families, divorce, and divorce's consequences (including financial consequences and child custody), as well as broad doctrinal and theoretical issues such as family privacy; constitutional protection of the family; contrasting concepts of "family"; and the role of gender, race, and class in shaping family laws and norms. The assignments include multidisciplinary readings, local statutes, and materials illustrating the ways in which Family Law affects the lives of families, their members, and intimacy more generally. Because class discussion is a vital part of the course, regular class attendance and preparation are required, and students may not use laptops. Grades will be based on a three-hour closed-book final exam and additional points for class participation. 4 units.
Credit 4 units.
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W74 LAW 548E Family Law (Crain)
This course examines the state's role in regulating family and other intimate relationships, with an emphasis on adult relationships. Topics include the law of marriage and divorce, nonmarital cohabitation, property division and alimony/spousal support at divorce, child custody, and child support. Grades will be based on performance on a timed open book final exam. 3 units.
Credit 3 units.
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W74 LAW 549G Federal Income Taxation (Wiedenbeck)
This course is a survey of the federal income taxation of individuals, with consideration of the nature of income, when and to whom income is taxable, exclusions from the tax base, deductions, credits and the tax consequences of property ownership and disposition. The instructor emphasizes tax policy and statutory interpretation. The course will be taught from a casebook and a statutory pamphlet, by a combination of the case and problem methods. Students will work extensively with the Internal Revenue Code. Attendance and preparation are required and sanctions will be imposed in cases of serious noncompliance. The course grade will be based predominately on a four-hour in-school final examination. At least half of the exam will consist of essay questions; the remainder (if any) may be either multiple choice or short-answer questions. The final will be a closed book exam, except that students will be permitted to use an unannotated copy of the statutory pamphlet and one standard-sized sheet of paper bearing any information the student wishes. 4 units.
Credit 4 units.
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W74 LAW 549K Federal Income Taxation
This course will introduce students to federal income taxation. Topics will include the concept of income, the tax base, exclusions, deductions, credits, and capital income. We will also discuss introductory concepts of tax policy and planning. The course will be taught from a casebook, but students will be expected to familiarize themselves with various provisions of the Internal Revenue Code. The course grade will be based primarily on a final exam, but may take class participation and attendance into consideration. 4 units.
Credit 4 units.
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W74 LAW 550B Law and Psychology
This class will explore issues at the intersection of law and psychology. We will consider both the ways in which psychology contributes to our understanding of law and legal procedure and ways in which psychology is used within the law and legal system. We will explore psychological research on dispute resolution, decision-making, and procedural justice, as well as the role of psychology within particular types and stages of litigation. There will be a 3 hour in-class exam. [Non-law graduate students and upper-level undergraduate students are welcome to take this class.] 3 units.
Credit 3 units.
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W74 LAW 550C Law and Society (Tamanaha)
This two credit course will explore various aspects of the relationship between law and society. The early part of the course will take up classic views of law and society, including the views of Montesquieu, Maine, Durkheim, and Weber, along with the views of a few contemporary theorists, to explore how theorists and social scientists have characterized the relationship between law and society. The remainder of the course will explore a range of issues that bear on the law-society relationship, including the nature or function of law, sources of law, social influences on law, customary law, law and colonization, the transplantation of law, legal pluralism, law and development, legal change, the legal profession, globalization, and more. The objective of the course is to develop a sophisticated theoretical and empirical understanding of the complex and multifarious connections between law and society. The course material is a compilation of excerpts from articles and books. The exam is a take home essay exam that poses a series of questions about the law-society relationship. Students will be graded on their demonstrated mastery of the material and on the depth and thoughtfulness of their responses to the questions.
Credit 2 units.
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W74 LAW 553B International Law
This course introduces students to both the substance and process of international law. It is an essential prerequisite to upper-level courses in international law and legal process and is required for members of Washington University's Jessup International Moot Court team. It provides a foundation for the student wishing to specialize in international or transnational law and serves as a wonderful introduction to international legal reasoning and materials for the non-specialist. The course serves as an introduction to the basic principles of public international law including treaty law, customary international law and U.S. foreign relations law, as well as the resolution of international disputes through international courts and tribunals including international arbitration and litigation. It covers the legal frameworks applicable to international issues, as well as taking up the question of international institutional design. It is also a fun, interesting, and very relevant course, covering international law issues that arise during the course of the semester, including inter-state disputes about the participation of particular Olympic athletes, the onset of war, or exploding space objects. Many years students participate in a simulation during the semester in which they will represent a UN member state and debate an international legal problem in the UN General Assembly. The final will be a three hour in-class open book exam. From time to time, but not more than twice in a semester, pass/fail, short, reaction papers will be assigned in relation either to films or presentations by guest speakers. The use of laptops and other electronic devices is not allowed in class without special permission from the instructor. Attendance and participation are required. 3 units.
Credit 3 units.
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W74 LAW 553C International Law (Waters)
[Students who have taken International Legal Process are not eligible to take this course.] This course explores basic principles of public international law, and applies international law frameworks and legal norms to a variety of problems facing the international community. The course begins with an introduction to the sources of international law (treaties and customary international law). It then critically examines a variety of international legal frameworks for creating and enforcing international law, and for resolving disputes under international law. The course will also explore application of international law norms to certain substantive law areas, such as international human rights, environmental law, the laws of war, and international criminal law. Note that this course is a survey of public international law principles, and does NOT address in depth issues pertaining to the foreign relations law of the United States (including the role of international law in the U.S. legal system). The final will be an in-class three-hour exam. Attendance and participation in class are required.
Credit 3 units.
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W74 LAW 556B Select Topics in Juvenile Justice
This course will explore select topics in the law and administration of juvenile justice, including why we have a separate legal system for children accused of committing crimes, how children convicted of crimes are punished in the criminal and juvenile justice systems, how the law of police investigation applies to children, the school-to-prison pipeline, and race, class, and sex disparities within the juvenile justice system. This class will start on January 21, and meet every other week. Students will write 2-3 short papers. There will be no final exam.
Credit 1 unit.
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W74 LAW 557D Labor Law
This course focuses on the National Labor Relations Act, which governs union organizing, collective bargaining, and the use of economic weapons (strikes, lockouts, pickets, and boycotts) in workplace disputes over wealth distribution, power and voice. The course has an explicit focus on class conflict and the law's role in regulating worker protest: it concerns itself with abuses of employer power, the formation of a social movement (labor unionism) as a response to those abuses, and the law's efforts to protect, channel and constrain collective activities by workers. Attendance and preparation are required. Grades will be based on performance on a timed final exam. 3 units.
Credit 3 units.
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W74 LAW 558A Land Use and Racial Justice (Rosenbloom)
This course presents an opportunity to learn about the role race and ethnicity have played in the development of land use laws and the physical manifestation of those laws. In this course, we will explore the law's role in creating, exacerbating, alleviating, and remedying exclusionary and discriminatory tactics through the regulation of land. We will examine ways in which land use laws have helped create structural inequalities based on race and ethnicity. The course is centered on i) exploring ways land use laws have been used to segregate and discriminate and ii) analyzing facially-neutral land use laws that have a disproportionate impact based on race and ethnicity. Students who successfully complete this course will be able to: 1) Explain how the American common, statutory, and constitutional law governing land is affected by, and in turn affects, structural racism; 2) Identify the social impacts associated with objective or facially-neutral legal land use doctrines; 3) Describe structural racism as embedded in land use laws; and 4) Critically analyze laws and determine whether they are addressing structural racism, exacerbating it, or something else. Grades will be based on several short writing assignments and class participation. There will be a presentation scheduled for January 13 during class. 1 unit.
Credit 1 unit.
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W74 LAW 562C Ethics and Professionalism in the Practice of Law
This course satisfies the J.D. ethics requirement. It is considered a survey ethics course. Students can take only one survey ethics course. Other recently offered survey courses offered include: Lawyer Ethics and Legal Profession. This 2 unit course will provide students with the practical skills necessary to identify ethics issues, both routine and complex, and help them identify the resources available to properly resolve those issues. In addition, the course will focus on professionalism in the practice of law and its importance in improving the public perception of lawyers. Students will benefit from an understanding of the importance of ethics and professionalism to their individual legal careers. While they may ultimately practice law in any number of different work settings and specialize in various substantive practice areas, ethics and professionalism will be a daily part of their practices. The course will therefore begin with an analysis of the legal profession and the interplay between (i) defining minimum standards below which behavior may not fall, (ii) establishing standards of ideal behavior toward which attorneys should aim but cannot realistically expect to reach, and (iii) giving "practical advice" that conforms to the lawyer's ethical responsibility. This analysis will also examine the lawyer's dual and somewhat contradictory role in society (i.e., citizens want lawyers to be understanding and socially responsible, but the same people freely admit that, when they have a problem, they want a lawyer who will play "hardball"). The course will examine, inter alia, specific ethical and professional issues relating to the attorney-client relationship, the duty of loyalty to the client, ethical issues in litigation, conflicts of interest, and advertising and the marketing of legal services. Hypotheticals and problems based on real situations will be used. Grades will be based on class attendance, class participation and a final exam. 2 units.
Credit 2 units.
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W74 LAW 563U Legal Profession
[This course is part of the ethics curriculum; it is considered a "survey" course. Students may not take more than one survey course for credit toward their degree. Other survey courses offered recently and/or this academic year are: Lawyers and Ethics in Film & Law (formerly Legal Ethics in Film), Litigation Ethics, Lawyers & Justice, and Practical Ethics for Civil Litigation.] The overarching goal of this course is to help prepare you for the ethical dilemmas you will face as a practicing lawyer. How one responds to these crises determines whether or not a lawyer may be sued for malpractice, disciplined professionally, or possibly violate the lawyer's sense of what is "right" or "wrong." We will explore the nature and types of client-attorney relationships, confidentiality rules, client-attorney privilege, conflicts of interest, ethical issues in representing entity clients such as corporations and partnerships, fees, professional self-regulation, access to legal services, public interest representation, and the role of lawyers for the government. We will study the Model Rules of Professional Conduct and ethical duties under common law and other sources of authority. Most of the classes will focus on the skill of problem solving as you learn to recognize and resolve ethical dilemmas you will face in practice. Other skills you will use and develop include: legal analysis and reasoning, legal research, communication skills, and client counseling. This course also will focus on the professional values of providing competent legal representation, improving the legal profession, and examining the legal profession's role in promoting justice, fairness, and morality. Students are expected to participate in class discussions and simulations, complete several in-class quizzes, and take a final exam that is in two parts: a take-home exam consisting of essay questions that will be given prior to the exam period and a short final exam at the law school during the exam period consisting of multiple choice and short answer questions.
Credit 3 units.
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W74 LAW 563V Legal Profession (Kuehn)
[This course is considered a survey ethics course and satisfies the J.D. ethics requirement. Students can take only one survey ethics course.] The goal of this course is to prepare students for the ethical dilemmas they will face as practicing lawyers. The course will examine the nature and types of lawyer regulation, client-attorney relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. The course will primarily address the ABA Model Rules of Professional Conduct but will also consider ethical duties under common law and other sources of authority. Through a combination of lecture, class discussion, and video/film clips, the classes will focus on the skills of identifying and resolving the ethical issues lawyers face in practice and on the professional values of providing competent legal representation and promoting justice and fairness. Regular class attendance and participation are required. Grades will be based on a limited open-book, in-class final exam (students may only use their copy of the ABA Model Rules of Professional Conduct). 3 units
Credit 3 units.
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W74 LAW 563X Legal Profession
The goal of this course is to prepare students for the ethical dilemmas they will face as practicing lawyers. The course will examine the nature and types of lawyer regulation, attorney-client relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. Classes will focus on the skills of identifying and resolving the ethical issues lawyers face in practice and on the professional values of providing competent legal representation and promoting justice and fairness. The course will primarily address the ABA Model Rules of Professional Conduct but also consider ethical duties under common law and other sources of authority. Students are expected to participate in class discussions and simulations, take an un-graded midterm exam consisting of multiple choice questions, and take a final exam consisting of one or more essay questions and multiple choice questions.
Credit 3 units.
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W74 LAW 563Y Legal Profession
This course examines the law governing lawyers, including the allocation of authority between lawyers and clients, responsibilities of supervisory and subordinate lawyers, the confidentiality obligation and its exceptions, the attorney-client privilege, and conflicts of interest. The course places particular emphasis on the ABA Model Rules of Professional Conduct, but also addresses other sources of authority, such as common law and statutes. Students are required to prepare for, attend, and participate in class and to take a final exam consisting of one or more essay questions. 3 units.
Credit 3 units.
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W74 LAW 566D Investment Banking and Private Equity
Prerequisite: corporations law. (Securities Regulation is recommended but not required). The financial services industry in the United States has transformed since the financial crisis of 2007-09. This transformation has been marked by the demise of the major investment banks and the related rise of a set of powerful players known as private equity firms. This course will consider these developments, examining the history, structure, and regulation of investment banks and private equity firms and the industries in which they operate. Students will be introduced to ongoing debates in which investment banks and private equity firms feature, including those concerning investor protection, capital formation, corporate governance, and financial stability. The course will also examine these firms' roles in core corporate and securities transactions, including initial public offerings (and IPO-equivalent transactions), mergers and acquisitions, and going-private transactions. Attention will also be paid to evaluating proposals for regulatory reform. Grades will be based on a final exam plus participation and attendance.
Credit 3 units.
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W74 LAW 566F Private Equity - Methods
This course will provide the student with an understanding of the basic terminology, due diligence and analytical methodologies critical to evaluating Private Equity investments. The course will also cover the history of Private Equity and the different roles of Private Equity - growth capital, LBO/MBO, Roll-Up, etc. in the evolution of the firm. Private Equity funds in the context of the overall market (strategic vs. financial acquirers) will be discussed as will be the role of leveraged lending and bank financing of financial sponsors. Private Equity as an investment and its role in portfolio construction will be analyzed. Finally, the legal structure of Private Equity funds in the context of firm control and governance will be reviewed.
Same as B62 FIN 500Y
Credit 1.5 units.
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W74 LAW 567L Remedies (Levin)
After liability is established in civil litigation, a court will proceed to consider what relief to prescribe. This advanced procedure course examines doctrines and principles that courts apply when they make these choices. The general goal is to provide effective redress for plaintiffs without overly burdening defendants. The course will focus on remedies that are typically available in public law litigation, especially injunctions and declaratory judgments. Remedies that are more characteristic of private-law litigation, including damages and restitution, will receive less attention. Regular attendance and preparation will be expected, and sanctions may be imposed upon egregious offenders. The course grade will be based on a timed exam. 2 units.
Credit 2 units.
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W74 LAW 568C Securities Law Litigation and Arbitration (Kempf)
Pre/Co-requisite: Securities Regulation or Corporations. This two unit course will be both academic and practical. It is designed for the student who wishes to gain a working knowledge about securities litigation and arbitration.It will require students to analyze the elements of and policies underlying the most common securities fraud claims, including Rule 10b-5 and its case law, related statutes and typical arbitration claims, and to apply that analysis to pleading cases in both court and arbitration. We will compare the often highly technical pleading requirements in court under the Federal Rules, the Private Securities Litigation Reform Act, the Securities Litigation Uniform Standards Act, and the cases thereunder, with the more relaxed pleading and hearing practices under the rules of the securities dispute resolution organizations, primarily the Financial Industry Regulatory Authority. There will be three drafting exercises.We will study the shift of most securities industry disputes to arbitration, what claims are typically found in arbitration and the procedures for their resolution. We will also analyze the role of the courts in shaping the structure of the arbitration process. Regular attendance and participation will be required and will constitute 20% of the grade. The remainder of the grade will be based on the assignments. 2 units.
Credit 2 units.
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W74 LAW 569A Securities Regulation (Tuch)
Pre-requisite: Corporations. This 3 unit course surveys the federal statutes and regulations governing the offering, distribution and trading of securities, including the liabilities and remedies that may arise under these sources of law. Topics include the nature of the U.S. securities industry and its major participants; the organization and functions of the Securities and Exchange Commission; securities registration and disclosure requirements; and anti-fraud litigation. The course will emphasize the application of these statutes and regulations and related judicial interpretations to fundamental business transactions. The course will also consider the rationales underlying these transactions. Students are prohibited from using laptops during this class. There will be a final examination. 3 units.
Credit 3 units.
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W74 LAW 569C Securities Regulation
Pre or Co-requisite: Corporations. This course will focus primarily on capital formation under the Securities Act of 1933 and the antifraud and voting rights provisions of the 1934 Act. The course both will emphasize case decisions and SEC rules which are the primary vehicle to interpret the relevant statutes and the basis of exemptions from both the 1933 and 1934 acts. There will be a final exam.
Credit 3 units.
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W74 LAW 569J Secured Transactions (Pardo)
This course will cover the creation, perfection, and enforcement of security interests in personal property pursuant to Article 9 of the Uniform Commercial Code (the "UCC"), which has been adopted by every state, the District of Columbia, and the Commonwealth of Puerto Rico. The majority of class time will be devoted to working through problems that require application of UCC provisions to particular fact situations. Attendance and preparation will be required. Grades will be based on a three-hour, closed-book final examination. 3 units. [A student who takes this course may not take the three-credit Commercial Law survey course, and a student who has taken the survey course may not take this course. While the survey course covers the subjects of payment systems and secured transactions, this course covers secured transactions in greater depth.] 3 units.
Credit 3 units.
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W74 LAW 570H International Environmental Law
Enrollment limit: 30. Drop Deadline: Monday, Sept. 28 at 5 pm. This course meets Friday, Oct. 9 through Sunday, Oct. 11. This 1 unit intensive weekend course will examine the role of international law and institutions in addressing transnational environmental challenges. Students will analyze legal frameworks designed to manage the impact of global development on human health, state security, economic prosperity, and community resilience. The course will provide a framework for understanding international legal institutions and conventions, and focus in depth on three critical international challenges: 1) Transboundary Water Resources, 2) Biological Diversity, and 3) Global Climate Change. In each case, students will explore scientific and practical concerns driving a global response as well as practical impediments to progress. The class will then examine international institutions, both formal and informal, that have evolved to meet the concerns. Particular attention will be paid to the role of non-state actors as participants in international lawmaking and to the manner in which international environmental governance has challenged traditional ideas of state sovereignty in international law. Grades will be based on a concise reflection (1200 words maximum) that will be due one week after the conclusion of the course. Grading will be under the modified pass/fail system (HP-3.94, P, LP-2.98, F-2.50). 1 unit. Students will receive instructions from the Registrar's Office regarding uploading the essay via MyLaw.
Credit 1 unit.
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W74 LAW 572A Nonprofit Organizations Planning and Drafting
Enrollment limit: 24. This applied skills course will address the various types of nonprofit organizations and cover the necessary planning and drafting required in the formation, governance, and operation of a nonprofit organization. Students will create a fictional (or actual, if the student so desires) nonprofit organization including developing an effective business plan, creating a resonating mission statement, establishing the legal entity, obtaining tax-exempt status, creating effective governance policies, managing volunteers and staff, and generally ensuring ongoing success and sustainability of the organization. Many of these tools are applicable to for-profit entities as well as newly recognized hybrid entities. There will be three (3) written exercises during the semester and a take-home exercise the last week of classes in lieu of a final exam. Each exercise will be 20% of the grade and the take-home exercise will be 40%. 2 units.
Credit 1 unit.
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W74 LAW 574F Transnational Litigation (Waters)
This course provides an introduction to the foundational concepts and issues that arise in the legal resolution of disputes with an international dimension. The course focuses primarily on transnational litigation in U.S. courts, with some comparative discussion of the approaches followed by other jurisdictions. Topics include jurisdiction, sovereign immunity, service of process on foreign parties, forum non conveniens and other issues of parallel litigation, discovery of evidence abroad, choice of governing law, and enforcement of foreign judgments. Attendance and participation in class are required. Laptops will not be allowed in class. The final will be an in-class three-hour exam. 3 units.
Credit 3 units.
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W74 LAW 574G Transnational Litigation and Arbitration
In today's globalized world, with many commercial and personal relationships stretching across national borders, lawyers are often called upon to resolve transnational disputes. Transnational disputes involve foreign citizens, activities, or harms. Proficiency in transnational legal dispute resolution is essential for lawyers engaged in international practice areas such as international business or human rights. It's equally valuable for lawyers without an international focus, as transnational legal challenges often surface across various domains of domestic law. These include family law, environmental law, product liability, intellectual property, civil rights, criminal law, corporate law, and many others. The course surveys the body of law, dispute resolution fora, and enforcement mechanisms relevant to transnational practice. It has no prerequisite and it serves as a solid foundation or companion course to other international legal courses such as international business transactions. Grades will be based on an exam and may also take into account class participation and attendance. 3 units.
Credit 3 units.
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W74 LAW 575H Trusts and Estates
This course will examine the basic legal doctrines and rules applicable to transfer of property by gift, intestate succession, will, and trust. It will focus on the following topics: State Control of Inheritance; Intestate Succession; Will Execution, Attestation, Revocation, and Construction; Restrictions on Testation: Family Protection; Trusts: Varieties (emphasizing private express and charitable trusts), Creation, Modification, and Termination; and Fiduciary Administration. The course will focus on the Uniform Probate Code as well as state and federal transfer taxes and the income taxation of trusts and estates . Regular attendance and preparation will be required. Grades will be based on a five-hour open book final examination. There are no prerequisites. 3 units
Credit 3 units.
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W74 LAW 578A Mediation Theory & Practice
Enrollment limit: 24. Prerequisite: Negotiation. This course introduces students to mediation theory and practice. The course explores mediation within the larger context of dispute resolution processes, and includes attention to the negotiation underpinnings of mediation. The course focuses on the development of the analytical and interpersonal skills necessary to be successful in mediations, whether as advocates or mediators. The course develops analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course develops mediation skills through role play exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in mediation. The readings and the role play exercises draw from a wide variety of mediation contexts, such as civil litigation, family, victim-offender, commercial, and employment disputes, and provide concepts and tools that apply to all types of dispute resolution. Student grades are based on weekly written assignments throughout the semester, preparation for and participation in class role play exercises, and a take-home final exam. The weekly assignments are not graded anonymously, as they are used as a method of providing ongoing feedback to students. The final exam is graded anonymously. Students are graded according to the standard grading scale. 3 units.
Credit 3 units.
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W74 LAW 578E Advanced Negotiation Theory and Practice (Hollander-Blumoff)
Enrollment limit: 24. Prerequisite: Negotiation. As a lawyer, whatever field of specialization you choose, you will spend a large part of your time negotiating. Many people negotiate without consciously focusing on the process of negotiation, but there is much to be gained from looking at negotiation in an analytical, systematic manner, and from developing a variety of tools and approaches to use in a negotiation context. In this class, we will develop an understanding of various theories and aspects of negotiation by studying the academic literature on negotiation and by practicing and improving negotiation skills through in-class exercises and simulations. Class participation in discussion and exercises/simulations will account for 1/3 of the course grade. You will also write several short papers that will account for 1/3 of the course grade. (These two portions of the grade will not be evaluated anonymously.) Finally, a 2 hour exam will account for the remaining 1/3 of the course grade. 2 units.
Credit 2 units.
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W74 LAW 578K Introduction to Negotiation & Dispute Resolution (Tokarz/Shields)
Enrollment limit: 50 [Drop deadline: XXXXXX.] Registration: Students will be registered for this course by the Law School Registrar's Office, with priority given to JDs and Negotiation/Dispute Resolution LLMs, who are required to take this course. Note: Students who took any of the following courses prior to Spring 2014 are not eligible to take this course: Mediation Theory & Practice, Negotiation Theory & Practice, or Business Negotiation Theory & Practice. Students who took Negotiation during the January Intersession or at any other time are not eligible to take this course. This course is currently a pre-requisite for: Arbitration Theory and Practice; Business Negotiation Theory and Practice; Negotiation Theory and Practice; Mediation Theory and Practice; Multi-Party/Public Policy Dispute Resolution Theory and Practice; Family Mediation Theory and Practice; and Employment/Civil Rights Mediation Theory and Practice] This one unit pass/fail course will be offered in an intensive weekend format on Sat, XXXXX (9:30a-5:30p), and Sun, XXXXX (12:00p-5:00p). The course will emphasize learning the skills of negotiation through simulations in which students will negotiate and observe their classmates negotiate. Class members will conduct three negotiations during the weekend - a simple sales contract, a retainer agreement between an attorney and a client, and a complex multi-party dispute. The first negotiation will commence immediately at the start of class, so prompt attendance is vital to credit in the course. Some negotiations will be videotaped for review in class. The reading for the course consists of Roger Fisher and William Ury, Getting to Yes: Negotiating Agreement Without Giving In (Harvard/Belknap Paperback). Other readings on lying in negotiation (approximately 30 pages) will be made available approximately two weeks before the class occurs. In addition to the simulations and discussion of the readings, there will be brief instruction on drafting agreements and advice about further steps to improve negotiation skills. Students who attend all class sessions, participate in good faith in the simulations, and do the readings will receive credit for the course (passing grade posted on transcript will be 'CR'). Attendance will be taken each day. This class starts promptly at the time indicated (not at 8 minutes after the hour.) Any enrolled student who arrives late to the class (barring a true emergency) risks earning a failing grade of F-2.50, which counts toward his/her GPA - barring a true emergency.
Credit 1 unit.
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W74 LAW 578L Business Negotiation Theory and Practice
Enrollment limit: 24. Prerequisite: Negotiation. Students are not eligible to take both this course and any other section of Business Negotiation Theory & Practice. The difference between a good attorney and a great one is often a matter of negotiation skills. Whether working in a law office practice, a public institution, or a business enterprise, an attorney's job inevitably involves negotiation. Many of the negotiation skills learned in this class are also applicable to individuals working in non-traditional legal positions (for example, business executives, leaders of non-profit organizations or politicians), as these and other careers frequently require reaching agreements with other parties. Negotiation skills are needed in any situation where the terms of an agreement or contract must be determined (mergers, joint ventures, litigation settlements, partnership agreements, and so forth), and also in the day-to-day work of dealing with clients, partners, employees, judges, legislators, and colleagues. Because negotiation is so integral to what lawyers do, negotiation skills play critical role in determining how successful lawyers are in their work. The premise of this course is that, while attorneys need analytical skills to discover solutions to negotiation problems, bargaining skills are needed for solutions to be accepted by others and implemented. The purpose of this course is to help you become a more skillful negotiator. The course is relevant to a broad range of business and negotiation problems faced by lawyers. A solid grounding in negotiation theory is necessary for the development of negotiation skills. Toward this end, students will study a variety of situations where negotiating skills are important and will develop a set of bargaining tools that will enable them to convert conceptual knowledge into effective action. These tools consist of preparation and at-the-table guidelines that, when practiced regularly, develop into fluid negotiation skills. Because practice is essential for negotiation skills to develop, practice opportunities are offered continually throughout the course. Indeed, at least one practice opportunity will be provided in almost every class, in the form of a negotiation or dispute resolution case that simulates a real world situation. Laptops are not allowed to be used during class. This course includes a lab/case fee. There are no exams in this course. Rather, you will be graded on the basis of written assignments (including a paper due the last week of class), class participation, performance in negotiations and group projects (if assigned). 3 units.
Credit 3 units.
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W74 LAW 578M Comparative Business Negotiation
Prerequisite: None. Students cannot earn credit in both Comparative Business Negotiation and Business Negotiation Theory and Practice. Both J.D. and LL.M. students are welcome to enroll. Negotiation is the most commonly used form of legal dispute resolution and deal making around the world. This course introduces students to the theory and practice of business negotiation in the U.S. and cross-cultural considerations in negotiations through readings, simulations, videos, and group projects/presentations, and provides J.D. and LL. M. students the opportunity to negotiate and learn from students from around the world. The course focuses on understanding negotiation theories and developing negotiation skills necessary to be successful as negotiators and advocates in a variety of domestic and international business settings, including deal making, and internal corporate and employment dispute resolution. Students will study a variety of business situations where negotiating theory and skills are important and will develop a set of bargaining tools that will enable them to convert conceptual knowledge into effective action. These tools consist of preparation and at-the-table guidelines that, when practiced regularly, develop into fluid and intentional negotiation skills, informed by cutting-edge negotiation theories. Because practice is essential for business negotiation skills to develop, practice opportunities are offered continually throughout the course. At least one practice opportunity will be provided in almost every class, in the form of a negotiation or dispute resolution case that simulates a real-world business situation. Students will be graded on multiple short written assignment (reflective journals), class participation, performance in negotiations, and group projects and a final take-home paper, graded anonymously. 3 units.
Credit 3 units.
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W74 LAW 580N Criminal Procedure: Adjudication
This course covers the rules governing the adjudicative phase of the criminal process. It examines prosecutorial charging decisions and how the judicial system handles criminal cases once formal charges are brought, including the pre-trial, trial, and post-trial stages. Topics include prosecutorial discretion, bail, grand juries and preliminary hearings, the right to counsel, discovery, plea bargaining, the right to a jury trial, jury selection, and sentencing. Throughout the course, we will focus on the doctrines that govern criminal adjudication, while considering policy proposals designed to address structural flaws in the system. Students may take both Criminal Procedure: Investigation and this course. Grades will be based on a final examination and may take class participation, professionalism, and attendance into consideration.
Credit 3 units.
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W74 LAW 580T Criminal Procedure: Adjudication
This course (informally known as "Bail to Jail") provides a detailed introduction to the procedural rules governing the adjudicative phase of the criminal process. It examines prosecutorial charging decisions and how the judicial system handles criminal cases once charges are brought, including the pre-trial, trial, and post-trial stages. The course will largely focus on federal constitutional rules. Topics include prosecutorial discretion, pretrial release, grand juries and preliminary hearings, the right to counsel, discovery, plea bargaining, double jeopardy, the right to confront witnesses, jury trials, appellate review, sentencing, and habeas corpus. Students may take both Criminal Procedure: Investigation and this course. Grades will be based on a final examination and may take class participation, professionalism, and attendance into consideration. To facilitate an engaged discussion, electronic devices will not be permitted.
Credit 3 units.
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W74 LAW 582B Introduction to Chinese Law
This class will offer an introduction to the legal system of the People's Republic of China. Topics addressed will include the historical, philosophical, and ideological foundations of modern Chinese law; Chinese legal institutions and personnel; evolving administrative, civil, constitutional, criminal, and property law norms; and citizen efforts to use the legal system. No prior knowledge of Chinese history, law, or politics is required. Non-law graduate students and upper-level undergraduate students are welcome to take this class. Regular class attendance and participation is required. There will be a final exam.
Credit 3 units.
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W74 LAW 583G Business Planning and Transaction Practice (Ludwig/Patton)
Enrollment limit: 20. Pre/Co-requisite: Corporations. This 2 unit course will offer students an introduction to the structure and negotiation of business mergers and acquisitions. Students who are considering entering into private practice with an emphasis on mergers and acquisitions as well as students who are considering practicing in areas of law that are often implicated in merger and acquisitions deals (e.g., real estate, environmental, employee benefits, labor, tax, etc.) should consider taking this course. The course will follow the trajectory of a typical business acquisition transaction, beginning with a letter of intent, confidentiality agreement and due diligence, and progressing to the negotiation and drafting of a definitive purchase agreement. Note special schedule: this course meets on Mondays from 5:08p-7:00p, from Jan 25-March 21 (with the exceptions of March 14 for spring break); and on the following Fridays from 4:08p-6:00p: Jan 22, Jan 29, and Feb. 5. Students will be graded based on weekly written assignments and class participation. Because class participation is such a large component of the course, attendance is extremely important. Written assignments will be graded anonymously; the class participation component will not be graded anonymously. 2 units.
Credit 2 units.
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W74 LAW 583K Mergers and Acquisitions
Pre-requisite: Corporations. This course provides an overview of important legal, financial, transactional, and regulatory issues related to changes in corporate control. Topics covered in this course include the corporate and securities law relevant to mergers and acquisitions; forms of private ordering such as poison pills, lockups, earnouts, and the allocation of risks by the acquisition agreement; and regulatory issues such as merger control. To facilitate discussion, laptops are prohibited. 3 credits.
Credit 3 units.
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W74 LAW 589B Consumer Law
This course surveys the law related to consumer transactions. We discuss topics such as solicitations, advertising, consumer privacy, credit reporting, credit discrimination, unfair and deceptive acts and practices, warranties, usury, home purchases, credit cards, automobile transactions, payday loans, credit remedies, debtor rights, and public and private enforcement. Grading is based on both class participation and a three-hour final examination. 3 units
Credit 3 units.
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W74 LAW 590B Employment Discrimination (Crain)
This course will offer a general introduction to the theory and practice of antidiscrimination law through an examination of the federal statutory provisions that address discrimination in employment. The course will focus primarily on enforcement and interpretation of Title VII of the Civil Rights Act of 1964, and will also include coverage of the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Civil Rights Act of 1991. Consideration will be given to questions of law and policy, as well as to questions of enforcement and proof. Attendance and preparation are required. Grades will be based on performance on a timed final exam. Credit will also be awarded for consistent, meritorious class participation.
Credit 3 units.
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W74 LAW 590D Employment Discrimination (P. Smith)
This course will examine the law governing employment discrimination and will focus on federal employment discrimination statutes, especially Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Primary attention will be paid to issues of race, sex, national origin, age, and disability. The course will consider the goals of employment discrimination law, the basic legal frameworks for proving discrimination, as well as specific situations that may or may not fit into those frameworks including stereotyping and harassment, discrimination based on gender identity and sexual orientation, pregnancy in the workplace, and reasonable accommodation of individuals with disabilities. Attendance and preparation are required. Grades will be based on a timed final exam, and may be affected by class participation and attendance.
Credit 3 units.
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W74 LAW 590F Employment Discrimination
This class will explore the law prohibiting discrimination in the workplace, with particular emphasis on discrimination on the basis of race, sex and disability. Readings will include statutory and case law, and secondary materials on the law of employment discrimination. The class will consider the nature of discrimination, as well as critical assessments of the law's attempt to respond. Topics will include the doctrinal frameworks established for proving discrimination, and specific situations that may or may not fit into those frameworks, including the intersection between race and sex, pregnancy and family responsibilities, harassment, and reasonable accommodation of individuals with disabilities. Attendance and preparation are required. Grades will be based primarily on performance on a final exam. 3 units
Credit 3 units.
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W74 LAW 597Q Trial Practice and Procedure
Pre-requisite: Evidence. (Pretrial is not a prerequisite for Trial.) This course focuses on the trial phase of litigation from the perspective of a practicing attorney. The first part of the course will be devoted to learning about and performing various aspects of the trial of a lawsuit, including the development of a theory and theme, jury selection, opening statement, direct and cross-examination of lay witnesses and experts, the use and introduction of real and demonstrative evidence, and closing argument. Toward the end of the semester, students will prepare for and conduct a complete trial. Required work for the course will include both reading and written assignments. Students also will be required to prepare extensively for simulations. The lawyering skills you will use and develop include: problem solving, legal analysis and reasoning, legal research, communication skills, litigation skills, and recognizing and resolving ethical dilemmas. This course also will focus on the professional values of providing competent legal representation, and examining the legal profession's role in promoting justice, fairness, and morality. The class will meet once a week as a group for one and one-half hours most weeks and a second time for at least two (and sometimes up to two and one half) hours in small groups with the adjunct professors. Regular attendance is required. Laptops or other electronic devices cannot be used in class. The large class meetings will often involve demonstrations about various aspects of trial practice and simulations that may involve everyone in the class and it is essential to be engaged in the class and not distracted. In the small break-out sessions on Thursdays, students will be constantly in role as lawyers and witnesses. WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Trial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, May 9, 2016, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). Grade will be determined by the student's performance on written and simulation assignments and participation in class discussion.
Credit 3 units.
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W74 LAW 598B ERISA Fiduciary Law (T. Clark)
Enrollment limit: 30. Drop deadline: Mon, Feb 8, 2016. This is a 1 unit intensive weekend course that is also part of the Graduate LL.M. Tax curriculum. See professor's profile at http://law.wustl.edu/Adjunct/index.aspx?ID=6705. The course will provide a substantive overview of ERISA fiduciary law that governs qualified retirement and welfare plans. The sources of fiduciary law such as the ERISA statute, regulations, and Department of Labor guidance will be explained. Emphasis will be placed on the proper identification of fiduciaries, the fiduciary duties of prudence and loyalty, prohibited transactions and major exemptions, personal liability under the law, and the recent regulations regarding disclosure of fees and expenses. Special focus will be given to recent Supreme Court and Circuit Court cases that have significantly changed the ERISA fiduciary landscape. Finally, a brief overview will be provided of typical ERISA litigation that a student is likely to see in their future practices. The course will be relevant for any student interested in employee benefits, employment law, labor law, business law, or securities law as they will leave the course with the proper understanding of how to advise clients in avoiding the major compliance pitfalls of being an ERISA fiduciary. Students are expected to thoroughly read any course materials and be well prepared prior to the start of the class. All reading materials will be provided prior to class on MyLaw and nothing will need to be purchased. Class attendance is mandatory. Laptop computers in class are strongly discouraged, although they will not be strictly prohibited. The class will be graded on a modified pass/fail basis (HP-3.94, P, LP-2.98, F-2.50). There will be a 3 day take-home final exam available via MyLaw approximately one week after the course is over.
Credit 1 unit.
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W74 LAW 599C Employee Benefits: ERISA & Tax
This course explores the treatment of employer-sponsored fringe benefits-including retirement savings arrangements, health care benefits, life and disability insurance programs-under both federal labor law and the federal income tax. The structure, scope, and objectives of labor law regulation of employee benefit plans, both pension and welfare, under the Employee Retirement Income Security Act of 1974 (ERISA) will be studied in depth. The tax treatment of contributions to, earnings of, and distributions from qualified (i.e., tax-subsidized) and non-qualified deferred compensation arrangements will be compared. The rules governing the terms and operation of qualified deferred compensation plans, such as 401(k) plans, will be examined, including workforce coverage, allocation of contributions and benefits, funding, fiduciary responsibility, vesting, and the timing, forms, and taxation of distributions. In addition to fiduciary oversight, ERISA's disclosure regime and civil enforcement mechanism will be introduced. Students will work extensively with ERISA, related provisions of the Internal Revenue Code, and corresponding regulations. Federal Income Taxation is not a prerequisite for this course; students who have not taken Federal Income Taxation would not face a disadvantage. Attendance and preparation are required and sanctions will be imposed in cases of serious noncompliance. The course grade will be based predominately on an in-school open-book final examination that will be either three or four hours long (to be determined). The exam will largely consist of essay questions, but it might include a short-answer question component as well. 3 units.
Credit 3 units.
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W74 LAW 600R Teaching Assistant
Students chosen as Teaching Assistants receive one unit of academic credit per semester for this year-long Teaching Assistantship. These students assist the Legal Practice professors throughout the year by helping prepare potential research assignments, drafting bench memoranda regarding potential research assignments and being accessible to first-year students as the students research and draft their assignments. Students chosen for this position will engage in significant research and writing during the course of the year. Students applying for this position can be rising second-year or third-year students who have demonstrated their legal research and writing skills on one of the publications, moot court programs, in summer employment and/or in their Legal Practice and Legal Research Methodologies classes. Interested students should submit (in April, to apply for the following year) a cover letter and resume regarding their interest in the position, including the nature of their legal research and writing experience. Students should indicate in their cover letter whether or not they have taken Advanced Legal Research or plan to enroll in that course during their second or third-year of law school. Applicants should send their cover letter and resume to the Legal Practice Professor whom they would prefer to assist. 1 unit.
Credit 1 unit.
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W74 LAW 601 Legislation (Levin)
In most law school courses, judge-made law is the center of attention. In real-world settings, however, lawyers frequently find themselves spending more time working with statutes than with case law. In order to equip students to survive in our so-called "age of statutes," this course attempts to shed light on legislation and the processes that give rise to it. The first half of the course will examine legal rules that govern the legislature, including such topics as lobbying regulation, bribery statutes, ethics rules, open meetings laws, the line-item veto, the filibuster, and judicial review of legislative decision making procedure. The second half of the semester will be a more straightforward doctrinal unit, examining the ways in which legislation is implemented in the courts. The primary focus will be on principles of statutory construction. Students will acquire a working knowledge of the uses and abuses of canons of construction, legislative history materials, and other tools that lawyers and judges employ as they try to make sense of legislation. Regular attendance and preparation will be expected, and sanctions may be imposed on egregious offenders. The course grade will be based on a timed exam. 3 units.
Credit 3 units.
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W74 LAW 601A Legislation
Prerequisite: Constitutional Law. Most law school courses focus on judge-made law, but many important practice areas - from bankruptcy and tax to environmental law and civil rights - are dominated by statutes. This three-unit course examines how legislatures create statutory law and how judges interpret statutes. The first part of the course focuses on the legislative process. How do members of Congress draft, debate, and enact legislation? How do voters and interest groups influence the content of federal laws? What rules constrain federal and state legislative processes? The course then explores different theories of what statutes are and how they fit into the fabric of the law. The final part of the course examines how courts can and should interpret statutes. What are the theoretical bases for statutory interpretation? What sources of authority should determine the meaning of statutes? Only the text? Legislative history materials? Related statutes or administrative provisions? Students' grades will depend primarily on a 24-hour take-home examination. 3 units.
Credit 3 units.
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W74 LAW 602D Sexuality and the Law: Theory and Practice
Enrollment limit: 20. This course will introduce students to existing and emerging jurisprudence in areas of sexuality and the law with an emphasis on practical litigation perspectives. The course will examine caselaw in the context of current legal debates related to gender, sexual orientation and gender identity in the areas of privacy, equal protection, employment, free speech, education, relationship recognition, parenting, violence and military service, helping students understand how to devise litigation strategy to expand or restrict existing precedent, and assess the impact of emerging litigation and test cases. The course is directed to students interested in learning about substantive law related to sexuality, gender identity and sexual orientation and to students interested in developing an understanding of public interest and impact lawyering in emerging civil rights arenas. Students will analyze emerging cases and be asked to assess their impact potential, the application of existing precedent, and strategic and ethical issues that the cases raise. Class time will include periodic visits by lawyers practicing in topic areas who will help frame the issues and offer practical insight to the practice. class attendance and participation, a final case memorandum (in lieu of final exam) and oral presentation. 3 units.
Credit 3 units.
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W74 LAW 602F Feminist Legal Theory (Davis)
This course will attempt to discern and theorize what counts as "feminist" in the twenty-first century and how these definitions interact with and shape legal outcomes. It will start by introducing foundational analytic frameworks, self-described as feminist, and how these have evolved. The majority of the course will apply these frameworks to contemporary legal conflicts and policy debates, including whether: cheerleading satisfies Title IX requirements; prostitution should be decriminalized; polygamy should be permitted; Native American tribes should be able to take gender into account in defining membership; same-sex marriage should be construed as gender or sexual orientation discrimination; and Sarah Palin is a feminist. Attendance and participation are required. Grades will be based on three written assignments, a memo, a brief, and a book review, each approximately ten pages in length. In addition, high quality class participation may enhance one's final grade. Please note that the use of laptop computers in class will not be permitted. There will be no final examination.
Credit 3 units.
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W74 LAW 602J Sexual Violence in Armed Conflict (Seelinger)
Sexual violence has been a part of war since time immemorial. In this class, we will first examine the manifestation and impacts of conflict-related sexual violence, as well as the myths and misconceptions surrounding it. We will then explore the key aspects of international humanitarian law and international criminal law before examining attempts to prosecute wartime sexual violence from the 1940s through the present. We will also review recent UN Security Council resolutions addressing the issue, exploring how sexual violence in armed conflict is related to security issues such as terrorism, force displacement, and extraction of natural resources. Finally, we will discuss matters of practice and policy relevance. This will include issues such as evidentiary challenges, victims' participation in court, access to reparations, and the special needs of affected children. Readings will include historical and social science literature, international legal instruments, court decisions and trial testimony, investigation and prosecution protocols, NGO reports, news articles, and documentary film. Guest speakers will add historical and practical insight. Students will submit 3 short reflection papers on the reading and a final 8-10 page paper on a topic of their own choosing. Students will also participate in informal debates on law and policy during the semester. Students will be assessed based on the reflection papers, participation in the class debates, and the final paper. Note: Students are advised that some readings for this course will contain heavy material such as trial testimony about rape and sexual torture. Interested students with specific questions or concerns are encouraged to contact Professor Seelinger prior to enrollment.
Credit 3 units.
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W74 LAW 604C First Amendment Clinic
Open to 2L and 3L J.D. students. Students in the First Amendment Clinic represent clients in matters implicating the freedoms of speech, press, and assembly and the right to petition the government. Students will have the opportunity to use and develop legal skills including interviewing and counseling clients; conducting fact investigations and third party interviews; completing legal research on complex issues relating to First Amendment and/or Section 1983 case law; drafting court filings, such as complaints, motions, or other briefs; drafting and responding to discovery requests; planning case strategy; and engaging in written and/or oral advocacy. Students must spend a minimum of 255 total hours on clinic-related matters for 6 credits (about 20 hours/week on average), or, with permission of the instructor, may enroll for 7 credits (298 total hours) or 8 credits (340 total hours). Students must also attend a weekly seminar on Wednesday from 1:00 pm - 2:52 pm. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024.] The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 6 units (8 with permission of instructor).
Credit 6 units.
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W74 LAW 604D Adoption and Assisted Reproduction
Who is a child's parent? When do adults and minors constitute a family? What consequences follow? This course examines the political or policy choices that shape the answers to these questions. Understanding these choices, in turn, requires consulting constitutional doctrine, state family law, bioethical and religious considerations, social norms, economic and other inequalities, notions of reproductive justice, and assumptions about dependency - all sites of continuing flux. In addressing these matters, the course compares and contrasts three distinct contexts: parentage by sexual conception, parentage by adoption, and parentage by assisted reproductive technologies, with attention to historical context as well as to contemporary controversies. For example, coverage of adoption entails a review of its history as a child-welfare measure, a study of the adoption process, and consideration of the legal consequences of adoption (including variations such as equitable adoption, stepparent adoption, and second-parent adoption). Important and timely policy debates, such as proposals to abolish the "family policing" system, access to adoption by LGBTQ individuals and couples, transracial adoption, confidentiality versus disclosure of adoption records, and open adoption, all receive attention. Juxtaposed with adoption are its modern "alternatives"-various forms of assisted reproduction (donor insemination, in vitro fertilization, egg donation, traditional and gestational surrogacy, and embryo adoption), methods of family creation used traditionally by infertile different-sex couples and, increasingly, by single individuals and LGBTQ couples. Again, contested policy issues receive attention (such as parentage rules for children born from collaborative reproduction; the effect of private agreements; the role of race, class, sexual orientation, and gender in assisted reproduction; and reproductive tourism). Throughout the course, references to selected works of literature, film, and popular culture help bring to life the course's topics and themes, which touch deep emotions by raising issues of identity, ancestral roots, and family secrets. Taking Family Law is neither a prerequisite for nor a disqualification from taking this course, which can serve as an introduction to that larger field or a more narrowly focused sequel to the general survey course. Because class discussion is a vital part of this course, regular class attendance and preparation are required, and students may not use laptops in class unless special accommodations apply. Final grades will be based on a short examination (no more than 2 hours), some additional brief writing assignments, and class participation. 3 units.
Credit 3 units.
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W74 LAW 608F Race & the Law (Davis)
This course explores the intersection of race relations and legal institutions in the United States. It focuses on the transhistorical continuity of some racial meanings and dynamics, and on the evolution of others. In the first half of the course, we consider the theoretical and doctrinal principles that underlie historical issues such as Indian Nation sovereignty and genocide, slavery and Reconstruction, and "the long civil rights era." In addition, we will consider early "legal" definitions of race in American law, and explore the role of race in citizenship, naturalization, and immigration law and policy. For the remainder of the course, we explore competing conceptual models of the American racial legal order, and examine current jurisprudence on racial issues that arise within the context of employment, education, intimate association, the distribution of electoral power, and/or the administration of criminal justice. The course will be graded based on writing an amicus brief, a document analysis, and an exam. 3 units.
Credit 3 units.
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W74 LAW 609M Speech, Press, & the Constitution
Prerequisite: Constitutional Law. This three-unit course introduces students to the major theoretical and practical issues in the constitutional law of free expression. The course begins with a brief look at theoretical questions. Why does the First Amendment protect expressive freedom? How should we define "the freedom of speech," and how should courts define the limits of the First Amendment's scope? How do different sorts of interactions between government actors and private speakers affect our understanding of the First Amendment's function? With these questions in mind, the course surveys significant problems in First Amendment doctrine. Beginning with the Supreme Court's foundational decisions on advocacy of unlawful action, this survey encompasses such issues as pornography, hate speech, censorship of student expression, campaign finance regulation, and speech on government property. The final portion of the course examines First Amendment rights that may be analytically distinct from the core freedom of speech, including the freedom of the press, freedom of expressive association, and freedom from compelled expression. Students' grades will depend primarily on a 24-hour take-home examination. 3 units
Credit 3 units.
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W74 LAW 609N Individual Rights & the Constitution (Richards)
This course addresses judicial interpretation and enforcement of the Civil War Amendments, with special attention paid to the 14th Amendment. At the doctrinal level, topics will include substantive and procedural due process, equal protection, incorporation of the Bill of Rights and "state action." In examining these bodies of law, we will discuss (among others) constitutional issues of race, gender, andequality, and implied fundamental rights of privacy, abortion, voting, and gay rights. Substantial class attention throughout these doctrinal areas will be spent on theoretical issues including the relationship between political ideology and constitutional interpretation, the potential and limits of judicial review, and the complex relationship between the constitutional values of liberty and equality. Attendance and participation are essential. Please note that laptop computers are not permitted in class. There will be a timed modified open-book final exam.
Credit 3 units.
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W74 LAW 609T The Law of the Fourteenth Amendment
This course begins with an examination of the drafting and ratification of the Reconstruction Amendments. We then investigate the contemporary scope and meaning of race equality, sex equality, substantive due process, and state action under the Fourteenth Amendment. We will pay particular attention to the development of the Fourteenth Amendment's liberty and equality guarantees and to current controversies including affirmative action, the right to vote, disparate-impact liability, abortion, and LGBT rights. Throughout the course we will interrogate the appropriate role of text, history, structure, precedent, prudence, and ethos in constitutional interpretation. In discussing these topics, we will examine how socio-political change has influenced the resolution of constitutional disputes and how courts and non-judicial actors have constructed constitutional meanings. Grades will be based on class participation and a final exam. 3 units.
Credit 3 units.
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W74 LAW 611C Antitrust
Antitrust teaches the legal principles that are used in an attempt to make the market system work better. The course will focus on monopoly and competition, the role that competition plays in society and the ways in which courts and agencies have applied the antitrust laws to further competitive goals. To put antitrust in perspective, the course will emphasize historical development, economic theories and enforcement trends. The substantive law taught in the course will cover horizontal restraints among competitors, vertical restraints between manufacturers and dealers, monopolization and mergers. Economic principles will be examined in the course under the assumption that the students have not studied economics prior to taking the course. Attendance and preparation are expected. Computers and other electronic devices may not be used in class. There will be a three-hour, closed-book, in-classroom essay examination. 3 units.
Credit 3 units.
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W74 LAW 612D Investor-State Arbitration (Khan)
Enrollment limit: 30. Drop Deadline: ___________. This course meets Friday, ________ through Sunday, ________ (note that the class will meet from 9:00 a.m. - 4:00 p.m. on Sunday). This course will explore two core topics in investor-State arbitration, primarily under the International Centre for Settlement of Investment Disputes (ICSID) system: (1) parties' consent to arbitral jurisdiction and admissibility of claims; and (2) standards of protection provided by bilateral and multilateral investment treaties, such as the fair and equitable standard, national treatment, expropriation, etc. In addressing these topics, this course will also examine the role of public international law in the context of international law on foreign investments by referencing the law on treaties and customary international law. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). Students are expected to thoroughly read the course materials prior to the start of the class. Class attendance is mandatory. The final will be a 4 day take-home exam, to be administered the following weekend - available via MyLaw.
Credit 1 unit.
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W74 LAW 612E International Commercial Arbitration (Khan)
Drop Deadline: XXXXXX. This 1 unit weekend course deals with the dispute resolution component of the globalisation of commerce and finance. In this context we must first ask why domestic courts are no longer preferred, but also what the powers of international arbitrators are, what their status and standing truly is, what practical advantages may be realistically expected and what the downside is. Also, who supervises these arbitrators and is there sufficient transparency and accountability for this facility to remain credible and efficient. Subsequently we have to consider how these tribunals operate in practice, reach their awards and and how they can be enforced internationally.
Credit 1 unit.
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W74 LAW 612F Arbitration Law Theory and Practice
Enrollment limit: 24. Prerequisite: Negotiation. Drop Deadline: Monday, August 21, 2017. This course introduces students to the law, theory, and practice of Arbitration. The course will address the interplay between the jurisdiction of the courts and the authority of the arbitrator, examining common law, the Uniform Arbitration Act used by most states, and the Federal Arbitration Act. The course develops legal and theoretical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course also focuses on the analytical and interpersonal skills necessary for attorneys to be successful in arbitration, whether as an advocate or as an arbitrator. The course mixes the case-study approach with simulations in multiple contexts, including consumer, commercial, financial, and employment disputes, which allow the student to work through an arbitration from the initial arbitration agreement to details of the actual arbitration hearing. Students undertake several written assignments, including drafting an arbitration agreement, Arbitration Claim, Motion to Compel Arbitration, Motion to Confirm Award, and Motion to Vacate Award, as well as solving ethical problems. Students present oral arguments on the motions and participate in two mock arbitrations. Student grades are based on written and oral assignments throughout the semester, preparation for and participation in class discussions and simulations, and a take-home final paper. Students are graded according to the standard numeric grading scale. Due to the ongoing writing assignments which are reviewed in class discussions after each assignment is turned in, and due to the small size of the class in which writing styles become very apparent, this course will not be graded anonymously. 3 units.
Credit 3 units.
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W74 LAW 613B Employment Law (Kim)
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? What are the advantages and disadvantages of conceptualizing rights at work as individual as opposed to collective rights? The class explores these questions in regards to a series of concrete interests, such as job security, job mobility, privacy and other dignitary interests, employee speech, employee compensation and benefits and health and safety concerns. Attendance and preparation are required. Grades will primarily be based on performance on a timed final exam. Class participation and completion of in-class written assignments will also be taken into account.
Credit 3 units.
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W74 LAW 613C Employment Law
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? What are the advantages and disadvantages of conceptualizing rights at work as individual as opposed to collective rights? The class explores these questions in regards to a series of concrete interests, such as job security, job mobility, privacy and other dignitary interests, employee speech, wages and benefits and health and safety concerns. Attendance and preparation are required. Grades will be based on performance on a timed final exam. 3 units.
Credit 3 units.
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W74 LAW 613D Employment Law (P. Smith)
This course examines the law governing the workplace, asking throughout what forms of regulation are most appropriate. Should the terms of employment be left to the market and private contracting? Should government intervene and specify minimum standards of employment? The course explores these questions in regards to a series of concrete interests, such as job security, discrimination, privacy and other dignitary interests, employee speech, wages and benefits, covenants not to compete, and health and safety concerns. Attendance and preparation are required. Grades will be based on a timed final exam, and may be affected by class participation and attendance. 3 units
Credit 3 units.
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W74 LAW 614C Environmental Law
Since its creation in the 1970s, modern environmental law has established a complex regulatory structure to reduce pollution and protect public health and the environment. Today, environmental law is in the crosshairs of efforts to reshape government regulation. This course will provide an overview of the key federal environmental laws, including the Clean Water Act, the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (a/k/a Superfund). It will also explore efforts to use these laws to address the complex challenges of climate change, as well as efforts to blunt their effectiveness. Regular attendance and preparation are expected. Grading will be based on a final exam, and on in-class presentations throughout the semester. 3 units
Credit 3 units.
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W74 LAW 617A Local Government Law (Smith)
Local governments (including cities, counties, and special districts) exert profound power over the lives of residents, impacting the way individuals and communities experience housing, the environment, public health, utilities, education, race, and socioeconomics. These impacts are apparent in public debates over local policy, but they are also felt privately when an individual pays personal property taxes on an automobile or receives water at their kitchen sink. This course examines the source of this local government power. It also explores the extent of this power, questioning how local governments are limited by both law and political/economic realities. The course interrogates local government power along three axes. First, what is the role of local governments within the federal system? (From where do local governments derive their power? How does local government power relate to the power of state and the federal governments?) Second, how do various local governments relate to one another? (How do cities relate to their suburbs? How do suburbs within a metropolitan area compete with one another? How do neighborhood associations impact their cities?) Third, how do local governments relate to their residents? (How and why do local governments tax? What obligations does a local government have to provide basic services to residents? How do local governments control the use of private property? How can residents impact local policy through voting, community meetings, and other forms of political action?) Within this framework, the course will explore topics such as housing segregation, affordable housing, local economic development, environmental justice, public transit, wealth distribution, and educational equity. Students will be graded on class participation and a one-day take home exam.
Credit 3 units.
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W74 LAW 619B International Courts and Tribunals
Enrollment limit: 12. This 2 unit course focuses upon the practice and procedure before international courts and tribunals that emphasize international civil dispute resolution. The primary focus will be on the International Court of Justice ("ICJ"). Students will examine the ICJ's history, organization, competence and role as a permanent international institution and mechanism for the pacific settlement of disputes between States. With respect to the practice component of the course, students will be exposed to the rules of procedure and style of practice before the ICJ through the use of a hypothetical contentious case between two States. Students will learn how a case is brought before the ICJ and how various procedural and preliminary matters such as jurisdiction, standing and admissibility are addressed before the Court. Particular attention will be paid to the jurisprudence of the ICJ with respect to such issues. Students will also learn how to make substantive legal arguments on the merits before the ICJ. In doing so, students will gain exposure to substantive international law in the form of international human rights law represented by various human rights instruments and customary international law. Students will gain experience in researching and using various international legal materials and sources necessary for making oral and written submissions before the ICJ. Students will also gain practical experience in drafting written memorials and pleadings for submission to the ICJ, as well as making oral arguments based on such written submissions. Although not required, it would be helpful to have taken or be taking International Law. (Students who are selected for the international moot court team (Jessup) are required to take this course; therefore, students planning to try-out should register for this class. Waitlisted students will be added if they make the team - so they are encouraged to attend classes.) During the course of the semester, students will draft one short and one longer writing assignment. The short assignment will be approximately 2-4 pages in length in the form of preliminary objections and/or responses to the ICJ each arguing a single, discrete procedural and/or jurisdictional issue arising out of the hypothetical contentious case. Students will also prepare and deliver a brief oral argument (approximately 10 minutes in length) based on that writing assignments. At the end of the semester, each student will prepare a final substantive writing assignment (approximately 8-10 pages in length) consisting of a memorial to the ICJ on the merits of the hypothetical case and present a final oral argument (approximately 15 minutes in length) based on the written memorial. Students will work individually and rotate roles as applicant and respondent for their written and oral assignments. This course will not be graded anonymously because of the nature of the work. International Law is helpful, but not required. 2 units.
Credit 2 units.
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W74 LAW 619C International Human Rights Law
This course is an introduction to the international structure for the protection of selected human rights: laws, procedures, institutions, and policies. Particular emphasis will be placed on the role of the United Nations and various regional associations. We will cover many topics: U.S. slavery and the slave trade; freedom of the press; cases involving the right to wear the hijab; indigenous rights; genocide; torture; and enforced disappearances. The readings will contain not only legal documents (treaties, executive orders, cases, etc.), but also nontraditional materials such as human rights reports, newspaper articles, and political science essays. Students will do a pass/fail presentation on a human rights problem of their choice. There are no prerequisites or corequisites. The final will be a three-hour open book exam. The use of laptops and other electronic devices is not allowed in class without special permission from the instructor. Attendance and participation are required. 3 units.
Credit 3 units.
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W74 LAW 619G International Human Rights Law (Garlicki)
This course will examine the concept and system of human rights law. In the 21st Century, human rights law developed into an autonomous branch of law, an amalgam of constitutional and international law institutions. Globalization of the human rights law makes international and supranational system of protection relevant also for cases and controversies adjudicated before the national courts and tribunals. The first part of the course will be focused on theoretical issues which are, to a great extent, common for all three levels of the human right law: global, regional, and national. The topics to be covered include the development and content of international human rights, their sources and categories, the nature of (positive and negative) obligations generated by human rights and, finally, the personal and territorial scope of rights. The second part will cover institutional and procedural arrangements of enforcement and protection of human rights on the global level (i.e., the major United Nations human rights treaties, the structure of the United Nations treaty bodies and the mechanisms of human rights adjudication) and on the regional level, particularly in Europe (within both the Council of Europe and the European Union) and in the Inter-American system. The final sessions will examine the basic values (human dignity, equality, and liberty) and techniques (proportionality, subsidiarity, margin of appreciation) applicable to human rights adjudication. Classroom instruction will combine lecture, students in-class presentations and discussion. Lap-tops and similar devices are allowed in class. The course will also be available via ZOOM communication, according to the general policy adopted by the School. The grade will be based on a take-home, untimed exam. In-class participation and in-class presentations will also be taken into account.
Credit 2 units.
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W74 LAW 620B Admiralty Law (Davies)
Shipowners may petition an admiralty court to limit the total amount of their liability in the event of a maritime casualty, a right given to no other type of defendant. The owners of the Titanic did so, as did the owners of the Deepwater Horizon (to name only two maritime disasters, both of which have been the subject of movies). This course will deal with the reasons why the right exists, why it would be difficult to repeal despite its sometimes distasteful consequences, how it is litigated in the United States, and how it works in the rest of the world, where most countries are party to an international treaty that confers the right on shipowners. Limitation suits are routinely commenced as a means of forum selection after a maritime casualty: a shipowner, the potential liability defendant, may choose the forum in which claims must be brought by filing a limitation suit. The course will also deal with how that forum selection is effective domestically, forcing claimants into federal court, and internationally, forcing claimants to bring their claims in the country of the shipowner's choice. Grades will be based on a take-home exam.
Credit 1 unit.
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W74 LAW 621E Financial Accounting for Lawyers
Enrollment Limit: 30. [JD/MBA students are not eligible to take this course, as it is duplicative of the accounting course taken in the MBA program.]The course will introduce the students to the basic concepts and accounting methods underlying financial statements as well as providing the necessary training for the students to analyze and interpret financial statements. One class will be devoted to the basic principles of Finance. It is planned to have an attorney in private practice review the interaction corporate attorneys can expect to have with a client's external auditor. Upon completion of this course, Students will: - Understand the basic concepts of financial statements - Develop an understanding of financial terms and definitions - Apply financial concepts to the execution of legal duties Attendance and class participation will be required. Student grades will be based upon a final exam (80%) and class participation (20%).The final exam will be graded anonymously. 2 units.
Credit 2 units.
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W74 LAW 623 Patent Law (Collins)
This course provides an introduction to the basic concepts of patent law-the branch of intellectual property law that provides incentives for technological innovation. It focuses on the law that governs both inventors' efforts to obtain patent rights and patent owners' efforts to enforce patent rights. It also highlights the policy concerns that justify and shape this law. This course is a gateway course for the upper-level patent-law electives, but it is intentionally designed to be accessible to all students. A technical background is NOT a requirement or even a significant advantage for the course. The basic knowledge of patent law conveyed in this course is valuable for all students who plan to practice general litigation or business law. The final exam will be a three-hour, in-class, open-book exam.
Credit 3 units.
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W74 LAW 623F Trademark Practice (Chicoine/Solomon)
Enrollment limit: 24. This course will offer practical skills training and techniques for the four phases of trademark practice - acquisition of rights, enforcement of rights, and exploitation and transfer of rights. The course will employ in-class problems and analysis of litigated disputes to replicate the various aspects of trademark law which students would encounter in a trademark position within a law firm or company, including an initial client interview, selecting appropriate forms of protection and clearance, filing the application (including foreign filing options and strategies), responding to common rejections, opposition and cancellation proceedings, dealing with infringement, including claims, defenses, evidence, remedies, and resolution in both litigation and non-litigation contexts, administrative protection of trademarks, trademarks in mergers and acquisitions, due diligence, and licensing. Students enrolling in the course are strongly encouraged to be enrolled in or to have already completed Trademarks & Unfair Competition, though this course is not a pre-requisite. Grades will be based primarily on a final exam and to a lesser extent class participation. 3 units.
Credit 3 units.
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W74 LAW 623G Patent Drafting (Wheelock)
Enrollment limit: 20. Students will draft patent claims and prepare and prosecute patent applications. Activities will include studying the results of conducting patent searches and preparing patentability opinions; drafting patent applications; preparing responses to official office actions; and confronting intellectual property issues related to strategic commercial transactions involving the inventions contained in the patent applications. The course work includes weekly claim drafting assignments, the preparation of a patent application and a response to an Office Action, all of which are graded anonymously. The course work also includes a brief law-firm style memo and corresponding oral presentation which, because of the nature of the assignments, are not graded anonymously. A background in engineering or science is highly recommended, although the assignments are selected to be technology neutral. 3 units.
Credit 3 units.
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W74 LAW 623K Advanced Patent Law
Pre-requisite: Patent Law. Contemporary patent practice requires mastery of a large and specialized body of legal doctrines, conceptual structures, and policy arguments. Designed to prepare students for a career in patent law--whether as a prosecutor, litigator, or a transactional attorney--Advanced Patent Law aims to help students obtain that mastery by both reinforcing and building on the knowledge conveyed in a basic patent course. It examines some topics introduced in the basic patent course in greater depth, and it introduces a range of new topics as well. It addresses different topics in different years, in part tracking "hot topics" and recent shifts in the law. Advanced Patent Law is designed as a complement to the Patent Drafting course, so it does not address the art of drafting claims or the procedures required to obtain patents from the PTO. The final exam is an in-class, open-book exam. 3 units.
Credit 3 units.
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W74 LAW 623L Patent Law
This course offers an introduction to patent law--the branch of intellectual property law that provides incentives for technological innovation. It focuses on both inventors' efforts to obtain patent rights and patent owners efforts' to enforce patent rights. It also highlights the policy concerns that justify and shape patent law. This course is a gateway course for the upper-level patent-law electives, but it is intentionally designed to be accessible to all students. A technical background is NOT a requirement for the course. The final exam is a three-hour, in-class, open-book exam. 3 units
Credit 3 units.
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W74 LAW 623P Patent Research & Strategy
This practical course introduces students to methods on conducting and evaluating patent research involving a variety of technical areas, and analyzing the results from a legal and market competition perspective. Students will be exposed to advanced patent research techniques and trained on several leading patent research platforms in order to evaluate and critically analyze the quality of patent research results. Students will be tasked to understand and perform exercises such as patentability assessment, freedom to operate analysis, and invalidity examinations. Other topics will include patent landscape analysis, portfolio assessment, patent valuation and competitive intelligence insights from patent data. The course will also include Guest Lecturers to provide perspectives on the strategy use of patent information. Assessments will include assignments and two examinations: midterm and final. There is no prerequisite for this class and is open to JD / LLM and other qualified students University wide.
Credit 3 units.
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W74 LAW 624C Products Liability (KJN)
Prerequisite: Torts. This 2 unit course will look at the various tort, contract and statutory remedies available to people seeking compensation for injuries sustained from allegedly defective products. We will examine a host of issues involving liability for defective products, including food products, tobacco, prescription drugs/medical devices and more. We will look at the government's role as protector of the public, whether compliance with government requirements and regulations should be a defense in product suits, and the growing viability of statutory defective merchandise/advertising theories of recovery. The course will primarily cover tort theories of recovery, i.e., negligence and strict tort liability, and will focus on both section 402A of the Restatement (2nd) of Torts as well as sections 1-21 of the Restatement (3rd) of Torts, Products Liability. The course will occasionally involve lectures from practicing lawyers and possible "field trips" to attend portions of products liability trials. Class rules are easy: Points may also be added, per professor discretion, for your class participation; attendance is required; classes cannot be video or audio taped without the professor's prior approval; and laptops are not allowed. The final exam will take the form of a research based paper due a week after the last day of class. The paper will be a maximum of 20 pages and contain footnotes conforming to the Uniform System of Citations. The paper topics will fall into a limited number of optional categories to be shared with you as we get closer to the first day of the semester. 2 units.
Credit 2 units.
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W74 LAW 624E Products Liability
An in-depth study of the law of products liability. The development of the three major theories of liability--negligence, breach of contract, and strict products liability will be covered along with the three types of defects that emerged after section 402A of the Second Restatement of Torts swept the country. Contemporary issues such as whether Amazon is a seller of third-party products it offers on its website will be addressed. Coordination with workers' compensation and the effect of partial settlements are also subjects for discussion. Finally, problems of proof and other advanced tort problems find their way onto the course syllabus.
Credit 2 units.
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W74 LAW 625B International Business Transactions (Waters)
This course provides an overview of the legal issues -- domestic, foreign, and international -- that arise when U.S. companies do business abroad. Transactions and problems discussed may include export sales, agency agreements, licensing, mergers and acquisitions, joint ventures, privatization agreements, project finance, and foreign government debt. The course also covers U.S., foreign, and international regulation in such areas as antitrust, intellectual property, trade, and foreign corrupt practices. 3 units.
Credit 3 units.
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W74 LAW 625C International Business Transactions (Rosenzweig)
Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or performed without due consideration of implications that may arise in such an international environment. Accordingly, understanding of the legal aspects of private transactions carried out across national borders can be indispensable to the modern legal practice. This two unit course will provide a survey of such issues, including transnational sales, cross-border operations (including branch offices and subsidiaries), international business combinations (including mergers and joint ventures), and the role of international law (including treaties and international organizations such as the WTO and IMF). A series of problems will be used to explore the dynamics of planning, negotiating, creating and executing cross-border transactions. The course grade will be based on an in-classroom final examination, which will consist primarily of short essay questions, and class participation. The final will be open book. Although not required, it would be helpful to have taken or be taking International Law. 2 units.
Credit 2 units.
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W74 LAW 625F International Business Transactions (Rosenzweig)
Enrollment limit: 50. Drop Deadline, Sunday, Sept. 11, 9:00 pm. This 2 unit weekend course will meet on two weekends: Friday, __________, through Sunday, ________, 2016. Although not required, it would be helpful to have taken or be taking International Law. Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or performed without due consideration of implications that may arise in such an international environment. Accordingly, understanding of the legal aspects of private transactions carried out across national borders can be indispensable to the modern legal practice. This two unit course will provide a survey of such issues, including transnational sales, cross-border operations (including branch offices and subsidiaries), international business combinations (including mergers and joint ventures), and the role of international law (including treaties and international organizations such as the WTO and IMF). A series of problems will be used to explore the dynamics of planning, negotiating, creating and executing cross-border transactions. Class attendance is mandatory. The class will be graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). A take-home written examination the following weekend will be administered via MyLaw. 2 units.
Credit 2 units.
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W74 LAW 625K International Business Transactions (Durkee)
Cross-border business transactions are the mainstay of the modern global economy, and very few transactions can be negotiated or completed without considering potential international implications. An understanding of the unique legal issues that arise in transactions which cross borders can be indispensable to the modern legal practice. This course provides a survey of these issues in a transactional context, such as transnational sales, cross-border operations (including branch offices and subsidiaries), and international business combinations (including mergers and joint ventures). A series of problems will be used to explore planning, negotiating, and implementing cross-border transactions, with a focus on navigating the regulations, statutes, or international agreements that apply in each instance. The course grade will be based primarily on an exam made up of a mix of objective and essay questions. It may also take into account class participation and engagement with a negotiation and drafting exercise. There are no prerequisites. 3 units.
Credit 3 units.
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W74 LAW 629F Estate and Gift Taxation (Wiedenbeck)
This course is a study of the federal wealth transfer tax system, including the estate tax, the gift tax, and (to a lesser extent) the generation-skipping transfer tax. The relationship between these three donative transfer taxes, and between the transfer taxes and the federal income tax, will be emphasized. The policy underpinnings of wealth transfer taxation, and the reasons for the recent erosion in its political support, will be explored. Fundamental principles and some common techniques of estate planning will be introduced. Students will work extensively with Subtitle B of the Internal Revenue Code and the regulations thereunder. The course will be taught from a casebook and a statutory pamphlet, predominately by the case method. Neither Trusts & Estates nor Federal Income Taxation is a prerequisite for this course, but while those courses are not essential, both provide helpful background information. Attendance and participation are required and sanctions will be imposed in cases of serious noncompliance. The course grade will be based predominately on a three-hour in-school open-book final examination which will consist predominately of essay questions, but there may be a short-answer question component as well. 3 units.
Credit 3 units.
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W74 LAW 630E Immigration Law (Meyer)
This course covers the legal, historical, social, philosophical, and policy foundations of immigration control; the substantive criteria and procedures that govern the admission of non-U.S. citizens to the United States for both permanent residence and temporary visits; deportation criteria and processes; the national security and civil liberties implications of immigration policy; refugees and asylum; undocumented migrants; the modern debate over immigration; and the acquisition, loss, and significance of United States citizenship. The focus will be on the law of the United States, but both comparative law and international law perspectives will also be introduced. In addition to carefully reasoned legal analysis, these subjects will require consideration of the moral, political, and foreign affairs consequences of immigration control. Students will analyze a wide variety of fact problems requiring strategic decision-making and interpretation of complex statutory provisions. Students also will participate in at least one in-class asylum simulation exercise. There are no prerequisites or co-requisites. Regular attendance and rigorous preparation will be required. Laptop use in class will be permitted, for note-taking, unless participation is inadequate. Grades will be based on a timed, open book final examination and class participation. 3 units.
Credit 3 units.
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W74 LAW 630F Immigration Law & Policy
This course is an introduction to the rules, policies, and justifications governing non-U.S. citizens entering, staying, and exiting the United States. The complex system of statutes, regulations, case law that make up immigration law, as well as the history behind them, tell a uniquely American story about our multi-cultural society, all within the context of the international community. This course provides a wide survey of immigration law and policy, which includes topics such as the constitutional basis for regulating immigration into the Unites States; citizenship and naturalization; legal immigration and procedures for obtaining visas; grounds for admission and removal, including inadmissibility and grounds for deportation; defenses to removal; the intersection of criminal, family, employment, and immigration law; and refugee and asylum law. In addition to legal analysis, the course will also use international relations, philosophical, and social methodologies to analyze immigration law and policy. There are no prerequisites or co-requisites for this course, although students will be expected to rely heavily on their knowledge of U.S. constitutional law. Laptop use in class will be permitted, for note-taking only, unless participation is inadequate. Grades will be based on a timed, open book final examination and class participation. 3 units
Credit 3 units.
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W74 LAW 634D Federal Courts
Federal Courts is one of the capstone courses in a law school's curriculum. It is not merely a course about the use of the federal courts. Rather, it is a course that deals with fundamental issues of governance in a federal system where power is limited by co-equal branches of the government. These fundamental issues will be examined in the context of the relationship between the federal courts and both Congress and the President and the relationship between federal and state courts. We will study a variety of specific legal doctrines relating to the federal courts, such as congressional control over federal court jurisdiction; the federal courts' control over their own dockets through such doctrines as standing, ripeness, mootness and political question; limitations on district court jurisdiction for federalism purposes, such as the Anti-Injunction Act and the abstention doctrines; federal issues in state court; the eleventh amendment and sovereign immunity; and habeas corpus. The textbook, Hart and Wechsler's The Federal Courts and the Federal System, which is on reserve in the law library, is the classic book for this course. The reading assignments will average about 20-25 pages per class. Attendance and preparation are required. The grade will be based on a three-hour closed-book essay exam. 3 units.
Credit 3 units.
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W74 LAW 634G Federal Courts (Hollander-Blumoff)
[This course was formerly titled, "Federal Jurisdiction." Students who have taken that course are not eligible to take this course.] This course considers the scope and nature of federal jurisdiction in the United States. We will consider the proper Constitutional role of the federal courts - a topic about which there is tremendous disagreement - in the context of the relationships among the federal courts, Congress, the President, and the state courts. We delve into the nuance and complexity that surround this disagreement, focusing on issues of federalism, separation of powers, and enforcement of federal rights. We examine specific doctrines including but not limited to standing and justiciability, sovereign immunity, abstention, the Supreme Court's power to review state court rulings, and federal civil rights law. The grade will be based on a four hour exam, as well as attendance and preparation.
Credit 4 units.
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W74 LAW 635D American Indian Law (Gunn)
This course will explore the central aspects of federal and international law affecting American Indians. The course will begin by considering the status of Indian nations as sovereign political entities within the United States and examining the legal and political relationships these nations have with the U.S. and the several states. The course will then explore the development of federal Indian law over the past two centuries. Particular attention will be given to the doctrines of tribal sovereignty, self-government, and self-determination; treaty-based rights to land, water, wildlife, and other natural resources; the preservation of Indian languages, cultures, and religions; issues of economic development, including the right of Indian nations to operate gaming enterprises on their reservations; and jurisdictional conflicts between and among the U.S., Indian nations, and the states over authority to regulate the activities of Indians and non-Indians in Indian country. Special consideration will also be given to the evolution and modern status of Indian governments, their laws, and legal systems. The course will conclude with a survey of various international laws and the laws of other nations, including Canada and Australia, as they relate to indigenous peoples. No prerequisites. 3 units.
Credit 3 units.
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W74 LAW 635E American Indian Societies, Cultures, and Values (Gunn)
Surveys several major themes in the history and modern evolution of American Indian societies, cultures, values, and laws. Examines indigenous societies and cultures before the arrival of Europeans. Explores the history of American Indians and Indian nations in the US and their treatment by the US. Examines modern Indian governments, and legal systems, and the status of Indian nations as sovereign political entities within the US. Prerequisite: S15-5012.
Same as S20 SWHS 5751
Credit 3 units.
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W74 LAW 636A Information Privacy Law
This course serves as an introduction to the emerging field of "information privacy law." The goal of the course is to equip students with the vocabulary, legal toolkit, and contextual knowledge to enter the practice of law in this rapidly-expanding practice area. The course will trace the development and meanings of privacy in American law from the famous 1890 Harvard Law Review article "The Right to Privacy" by Samuel Warren and Louis Brandeis to the modern problems of privacy in the information age. Particular emphasis will be placed upon modern policy problems involving privacy, including privacy and the media, Fourth Amendment law, national security and government surveillance, health privacy, Internet privacy, FTC regulation, emerging technologies and the problems caused by government and private-sector databases. Attendance and participation are essential. Please note that laptop computers are not permitted in class. There will be a timed modified open-book final exam. 2 units.
Credit 3 units.
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W74 LAW 636C Advanced Privacy Law and Theory
This advanced course in Privacy Law offers a more detailed examination of privacy law and privacy theory. It builds on the conceptual, analytical, comparative, and doctrinal skills developed in Information Privacy Law to enable more sustained and expert engagement with the American and European regimes of privacy and data protection law. The course offers a deeper and more specialized examination of both scholarly and practical issues in privacy law, from academic theories of privacy and data protection, to deeper examinations of the EU data protection regime and the GDPR, national security law, American privacy reform at the state and federal levels, the Cambridge Analytica scandal, and other issues of privacy law of the moment. It is intended for students who took Information Privacy Law and who wish to pursue careers in privacy or technology law as well as for those interested in academic theories of privacy-or both, since the emerging global practice of privacy law is one in which lawyers and academics are frequently-and necessarily-in close and fruitful conversation with each other. Attendance and participation are essential. Please note that laptop computers are not permitted in class. Assessment will be on the basis of class participation and a blindly-graded take-home final exam. 3 Credits
Credit 3 units.
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W74 LAW 637A Judicial Decisionmaking (P. Kim)
How do judges decide cases and why do they decide as they do? The answers to these questions have implications for the evolution of law over time, the desirability of judicial review, the processes of judicial selection and the functioning of appellate review, among other topics. The purpose of this course is to explore theories of how and why judges do what they do. Unlike the typical law school course, the focus of this class will be on the social scientific literature regarding how judges make decisions, with much less time spent on traditional legal materials such as cases and statutes. Topics will include: theories of decisionmaking; judicial selection; constraints under which judges operate; the agenda-setting and litigation process; collegial courts; inter-court relations; inter-branch relations; and the role of public opinion. Preparation and attendance are required. Grades will be based primarily on an in-class final examination. Class participation and performance on several brief written assignments during the semester will also be taken into account.
Credit 3 units.
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W74 LAW 641N Mediation Theory and Practice
Enrollment limit: 24. Prerequisite: Negotiation. This course introduces students to mediation theory and practice. The course explores mediation within the larger context of dispute resolution processes, and includes attention to the negotiation underpinnings of mediation. The course focuses on the development of the analytical and interpersonal skills necessary to be successful in mediations, whether as advocates or mediators. The course develops analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course develops mediation skills through role play exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in mediation. The readings and the role play exercises draw from a wide variety of mediation contexts, such as civil litigation, family, victim-offender, commercial, and employment disputes, and provide concepts and tools that apply to all types of dispute resolution. Student grades are based on weekly written assignments throughout the semester, preparation for and participation in class role play exercises, and a take-home final exam. The weekly assignments are not graded anonymously, as they are used as a method of providing ongoing feedback to students. The final exam is graded anonymously. Students are graded according to the standard grading scale. 3 units.
Credit 3 units.
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W74 LAW 642C International Money Laundering, Corruption, and Terrorism (Fagan/Delworth)
Enrollment limit: 25. Meets every Wednesday and every other Thursday. This course focuses on the interrelationships among money laundering, corruption, and terrorism, their threat to global peace and prosperity, and the convergence of international law efforts to confront them. Because the detection of concealed assets is essential to deterring these crimes, students will learn the fundamentals of financial investigation and cooperation between countries through a mid-course interactive simulated case exercise designed to take students, via walking through the steps of a hypothetical financial investigation in an automated environment, from the basics of money laundering, corruption/terrorism violations, and Mutual Legal Assistance (MLA) to an advanced level of understanding and capability. Students will bring their laptops to each class and use them to follow a money trail involving documentary evidence and summarized bank records. Thirty-five percent (35%) of the course grade will be based on a paper which organizes the evidence from the Simulated Case Exercise in a format useful for attorneys in preparation for trial. The remaining 65% of the course grade will be based upon an essay-type take-home final examination at the conclusion of the course. 3 units.
Credit 3 units.
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W74 LAW 642D Corporate and White Collar Crime
Enrollment limit: 30. This 2 unit course will be taught by experienced practitioners in the area of white collar criminal defense, all of whom formerly served as Federal prosecutors. There will be focus on the major federal statutes and tactics employed by the U.S. Government in fighting white collar crime, as well as the strategies and defenses used by the defense bar in response. Significant emphasis will be placed on the practical aspects and applications of the prosecution and defense of white collar crime. Guest lecturers may include Federal prosecutors, judges and defense attorneys. Regular class attendance and preparation are required and grades for the course will be based on a final exam. 2 units.
Credit 2 units.
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W74 LAW 643C Copyright & Related Rights (Collins)
This course focuses on federal copyright law and related bodies of state law governing the protection of authors' literary and artistic works, including technical works such as computer software, architectural works, and databases, as well as more traditional literary and artistic works. The final exam is a three-hour, in-class, open-book exam. 3 units.
Credit 3 units.
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W74 LAW 644A Intellectual Property Protection of Computer Software
Intellectual property (IP) protection for computer software continues to evolve, with recent case law impacting how software may be protected with copyrights, patents and trade secrets. While software has taken a central role in our information and automation-driven lives, the legal mechanisms that can be used to protect software innovation have not always kept up with this fast-moving technology. Some have argued that certain types of IP, such as patents, are not well-suited to software inventions, while others argue that only the process of granting and enforcing patents needs to be improved. There are many sides to the debate, but in the meantime IP lawyers routinely use existing IP laws to protect their clients' software innovation, while the U.S. Patent and Trademark Office (USPTO) continues to grant software patents, and the courts regularly render decisions on infringement and validity of IP rights for software. The present course will provide an overview and background regarding the legal mechanisms that may be used to protect software, including copyrights, patents and trade secrets. A review of real-world commercialization and disputes involving software patents, copyrights and trade secrets will be presented and discussed, and the students will have an opportunity to analyze and debate practical problems involving IP protection for software. Class attendance is mandatory. The class will be graded on the curve. Students are expected to thoroughly read the course materials prior to the start of the class. There will be a take-home final exam, to be administered the following weekend--via Exam4.
Credit 1 unit.
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W74 LAW 645A Bankruptcy (Keating)
After a brief overview of state debtor-creditor law, this course will cover federal bankruptcy law. The majority of class time will be spent working through casebook problems that require an application of Bankruptcy Code provisions to particular fact situations. The course will begin with coverage of individual bankruptcies and then move on to the special issues associated with business bankruptcies. Attendance, participation and preparation will all be required. Laptops will not be allowed in class. There will be a three hour examination. 3 units.
Credit 3 units.
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W74 LAW 645J Bankruptcy
This course will cover federal bankruptcy law. After a brief overview of state debtor-creditor law, the course will examine individual bankruptcies and then proceed to consider the special issues associated with business bankruptcies. The majority of class time will be devoted to working through problems that require application of Bankruptcy Code provisions to particular fact situations. Attendance and preparation will be required. Grades will be based on a three-hour, closed-book final examination. 3 units.
Credit 3 units.
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W74 LAW 645S Business Reorganizations (Keating/Farrell/Going)
This course will focus on business reorganizations both inside and outside of bankruptcy. The primary focus of the course will be Chapter 11 reorganizations under the Bankruptcy Code. It is somewhat helpful but definitely not necessary for students wishing to enroll in this course to have taken the basic Bankruptcy class. This course does not assume that the student has any prior knowledge about bankruptcy law. Topics include: out-of-court restructuring; fraudulent transfers; corporate governance in bankruptcy; first-day orders and post-petition financing; use and sale of estate property; executory contracts and unexpired leases; claims allowance; plan voting and confirmation; prepackaged plans; cramdown plans; the absolute priority rule; claims trading; and post-confirmation issues. This is a problem-oriented course. After reading cases, text and Code provisions, students will complete problems at the end of each casebook assignment. Class time will be spent working through and discussing each of the problems. Attendance, participation and preparation will all be required. The final grade will be based on a single two-hour final exam. Laptops will not be allowed in class. 2 units.
Credit 2 units.
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W74 LAW 647K Survey of Intellectual Property (Collins)
Intellectual property is becoming an increasingly important component of many different types of legal practices, so familiarity with the doctrine and policy of intellectual property is becoming increasingly important for all lawyers. This course provides an overview of the policy and doctrine of intellectual property. It focuses principally on three federal statutory regimes: patents, copyrights and trademarks. In addition, it addresses state-law doctrines, including trade secrecy, contractual restrictions on the use of intellectual property, misappropriation, and the right of publicity. This course does not assume any technical or artistic background, only an interest in understanding how intangible assets are propertized and controlled. It is not recommended for students who have already taken or who plan to take the three introductory courses in specific IP fields, namely Patent Law, Copyright & Related Rights, and Trademarks & Unfair Competition. The grade for this course will be based on a timed final exam, which will include short-answer questions, an issue-spotter question, and an essay question. Student participation in class discussion is required. Repeated failure to be prepared for class will result in a lower grade. 3 units.
Credit 3 units.
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W74 LAW 647P Survey of Intellectual Property (Chiang)
Intellectual property is becoming an increasingly important component of many different types of legal practices, so familiarity with the doctrine and policy of intellectual property is becoming increasingly important for all lawyers. This course provides an overview of the policy and doctrine of intellectual property. It focuses principally on three federal statutory regimes: patents, copyrights and trademarks. In addition, it addresses state-law doctrines, including trade secrecy, contractual restrictions on the use of intellectual property, misappropriation, and the right of publicity. This course does not assume any technical or artistic background, only an interest in understanding how intangible assets are propertized and controlled. It is not recommended for students who have already taken or who plan to take the three introductory courses in specific IP fields, namely Patent Law, Copyright & Related Rights, and Trademarks & Unfair Competition. The grade for this course will be based on a timed final exam. 3 units.
Credit 3 units.
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W74 LAW 647R Trade Dress & Design Law (Baker)
This course will focus on issues at the intersection of trade dress, design patent, and copyright. In recent years, firms have increasingly been using trade dress to protect the design of items like purses, watches, and even websites. Relatedly, design patents have become a much more popular mode of protection (see, for example, Apple v. Samsung, 580 US __ (2016)). Finally, in Star Athletica, LLC v. Varsity Brands, 580 US __ (2017), the Supreme Court opened up the possibility of much broader protection for useful articles and fashion products in general. Due to time constraints, the basic trademark class focuses on the obtainment and protection of word marks with product design and product packaging taking a less prominent role. Likewise, the basic patent class cannot cover much about design patents, especially with respect to damages - one of the most interesting current issues. Finally, the copyright class cannot focus intensely on the useful article doctrine. This class will examine all these topics in great detail. In addition, the rules governing counterfeit goods will be considered. This course does not have any prerequisites. That said, I would encourage students to view the course as a capstone - one they take after they have completed the basic courses in copyright, patent, and trademark.
Credit 3 units.
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W74 LAW 647T Foundations of Intellectual Property
This course explores the foundations of intellectual property in America from philosophical and historical perspectives. The first module of the course examines a largely philosophical framework for justifying intellectual property by comparing philosophers in terms of their theories on property and identifying legal principles that serve to link the philosophical theories together. The second module of the course examines the history of intellectual property law in America during the early American republic, focusing on Article I, Section 8, Clause 8 of the United States Constitution in terms of: the laws of England and of the American colonies/states that precipitated the clause; the considerations of the framers when drafting the clause; the post-ratification debates that ensued in the courts regarding how to interpret the clause; the early questions about the nature of rights under the clause; and the challenges that initially arose when defining the interaction of the clause with other clauses of the Constitution. The third module of the course examines some intellectual property concepts of today, with the philosophical and historical perspectives of the course's prior modules in mind. There are no prerequisites for this course. This course is designed for the student who has not previously taken an intellectual property course, as well as the student who has already taken numerous intellectual property courses. This course is not a survey of today's legal doctrine in the various regimes of intellectual property law, and the course is not a deep dive into today's legal doctrine in any particular regime of intellectual property law. Rather, the course is a journey to explore the foundations upon which America's conception of intellectual property is built. Grades are primarily based on a take-home, open-book exam. 3 units.
Credit 3 units.
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W74 LAW 647V Survey of Intellectual Property (Lee)
This course surveys laws relating to the protection of intellectual property and introduces students to the main features of modern intellectual property law. It focuses principally on three federal statutory regimes: copyrights, patents and trademarks along with trade secrets and other forms of state protection. It considers doctrinal foundations and policy implications in different bodies of intellectual property law. There are no prerequisites, and a scientific background is not required. It is not recommended for students who have already taken or who plan to take the three introductory courses in specific IP fields, namely Patent Law, Copyright & Related Rights, and Trademarks & Unfair Competition. The grade for this course will be based on a final exam, and may also take into consideration participation. 3 units.
Credit 3 units.
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W74 LAW 647W Trademarks & Unfair Competition
This course provides an introduction to trademark law--the branch of intellectual property law that provides traders with exclusive rights to symbols in order to reduce consumer confusion and help producers benefit from the good that they have developed in consumers' minds. Although there are parallel federal and state trademark regimes, this course focuses on the federal Lanham Act. The course will also cover related issues of unfair competition. There will be a final exam. 2 units.
Credit 2 units.
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W74 LAW 648E Corporate Taxation
This course involves an intensive study of the statutory, regulatory and case law material governing corporate taxation. Topics covered include the tax consequences of corporate organization and capitalization, distributions to shareholders, redemptions of stock, corporate liquidations and taxable dispositions of a corporate business (both stock sales and asset sales). Basic principles governing tax-free corporate acquisitions and divisions will be introduced as time permits. The classical corporate tax regime will be compared with the tax treatment of sole proprietorships, partnerships, and small business corporations (S corporations), and important issues in business tax policy will be examined. Students will work extensively with Subchapter C of the Internal Revenue Code and regulations thereunder. The course will be taught from a casebook and statutory pamphlet, predominately by the problem method. In addition to in-person class sessions there may be a few asynchronous presentations, consisting or prerecorded lectures introducing or summarizing important concepts. Federal Income Taxation is not a formal prerequisite for this course, but students who have not taken the introductory tax course are strongly advised to speak with the professor before the semester begins. International students pursuing an LLM degree should not take this course until they have successfully completed at least seven credits of substantive law coursework from a U.S. law school. Attendance and participation are required, and sanctions will be imposed in cases of serious noncompliance. The course grade will be based on an in-school timed three-hour final examination, with adjustment for attendance and participation in exceptional cases. The format of the exam will be "Closed Software and Open Book". Closed software means that students will not have access to the internet or files on their computers. Open book means that during the exam students will be permitted to consult the casebook, statutory supplement, outline, notes, or other print sources. 3 units.
Credit 3 units.
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W74 LAW 651B Complex Civil Litigation (R. Jackson)
Enrollment limit: 20. This course is designed to give you an overview of class actions and other forms of aggregate litigation of civil claims, from inception through final judgment. It will focus primarily on consumer fraud, product liability, mass tort, and employment discrimination claims. Securities class actions will not be a primary focus of this course. Topics covered will include: the prerequisites for certification of damages classes and equitable and declaratory relief classes; the availability of stand-alone "issues" classes; class discovery and case management; class notice, opt-out rights, and communications with class members; personal jurisdiction, res judicata, and collateral attacks on class judgments; multi-jurisdictional and competing class actions; the Class Action Fairness Act; choice of law issues pertaining to class claims; cross-jurisdictional tolling of statutes of limitations; non-class forms of aggregation, including Multidistrict Litigation (MDLs); class action trials and proof problems; class action settlements and ethical obligations on negotiating them; cy pres recovery; anti-suit injunctions in aid of settlement; fees for class counsel; and intersections between class actions and alternative dispute resolution. Students will be evaluated based on a combination of class participation, homework assignments, and a final exam, with the final comprising the vast majority of the course grade. Credit for class participation will be given considering students who volunteer for discussions and bring current class action topics for group discussion. Students will receive a small number of short homework assignments designed to put the theories discussed in class to practical use. For example, students may be asked to draft discovery directed at Rule 23(b)(3)'s predominance and superiority factors, or to draft a 3-page petition for why a case should be subject to multidistrict transfer. The homework will serve as a basis for class discussion. The final will be a standard, in-class, open-book, issue-spotting examination. 3 units.
Credit 2 units.
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W74 LAW 654D Judicial Clerkship Externship
Enrollment limit: 14. NOTE: This externship requires a cumulative GPA of at least 3.40. Pre-/co-requisite: A course from the ethics curriculum. The supervising judges prefer students with strong GPAs and demonstrated legal research and writing ability. Students are prohibited from taking more than one clinic/externship in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. This externship offers students structured, hands-on exposure to civil and criminal litigation from the judicial perspective. Students work as part-time law clerks under the supervision of state or federal trial or appellate judges. Students observe hearings, trials and other court proceedings; perform extensive legal research; and draft a series of legal memoranda or orders relevant to cases under submission to the judge. The course provides an opportunity for students to develop advanced legal research and writing skills. To receive 3 credits, students must work in their placements a minimum of 156 hours (12 hours/week for 13 weeks) and produce a minimum of 30 pages of research and writing. To receive 4 credits, students will be required to work in their placements a minimum of 208 hours and produce a minimum of 40 pages of research and writing. In addition to a statement of interest and resume, students must submit a copy of their unofficial transcript when they pre-register. Students are not required to have Rule 13 student attorney certification. There is no scheduled class but students must attend an orientation and regularly scheduled individual meetings with the course instructor. Students are required to submit weekly time logs, an outline of their work assignments, and final drafts of each legal memorandum/order. There is no final exam. This course is graded on a Credit/No Credit basis.
Credit variable, maximum 4 units.
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W74 LAW 654E Judicial Clerkship Externship
Open to 2L and 3L JD students. NOTE: This externship requires a cumulative GPA of at least 3.40. This externship offers students structured, hands-on exposure to civil and criminal litigation from the judicial perspective. Students work part-time under the supervision of state or federal trial judges. Students perform extensive legal research; draft a series of legal memoranda or orders relevant to cases under submission to the judge, and observe hearings, trials and other court proceedings. The course provides an opportunity for students to develop advanced legal research and writing skills. To receive 3 credits, students must work a minimum of 128 hours and produce a minimum of 30 pages of research and writing. To receive 4 credits, students will be required to work a minimum of 170 hours and produce a minimum of 40 pages of research and writing. There is no scheduled class but students must attend an orientation and regularly scheduled individual meetings with the course instructors and must submit weekly time logs. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024.] This course is graded on a credit/no credit basis. 3-4 units.
Credit variable, maximum 4 units.
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W74 LAW 656B Advanced Clinic: Interdisciplinary Environmental Clinic (Hubertz/Kuehn/Lipeles)
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656D Advanced Clinic: Civil Rights, Community Justice & Mediation Clinic (Tokarz)
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656E Advanced Clinic: Low Income Taxpayer Clinic
Enrollment limited and by professor invitation only.
Credit 3 units.
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W74 LAW 656F Advanced Clinic: Appellate Clinic
Enrollment limited and by professor invitation only.
Credit 3 units.
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W74 LAW 656G Advanced Clinic: Prosecution Clinic
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656H Advanced Clinic: Children's Rights Clinic
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656J Advanced Post-Conviction Relief Clinical Practicum
TBD
Credit variable, maximum 3 units.
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W74 LAW 656K Advanced Clinic: Urban Revitalization Clinical Practicum
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656L Advanced Clinic: First Amendment
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656M Advanced Clinic: Wrongful Conviction
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 656N Advanced Clinic: Entrepreneurial and Intellectual Property Clinic
Enrollment limited and by professor invitation only.
Credit variable, maximum 3 units.
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W74 LAW 658Y Pretrial Practice and Settlement
Enrollment limit: 12 students per section. Drop deadline: Monday, August 19, 2024 at 5:00 p.m. Prerequisite: Civil Procedure. Course work in Ethics, Evidence, Employment Law, and Employment Discrimination may be helpful if taken before or simultaneously with this course, but are not prerequisites. Pretrial Practice and Settlement will focus on developing the skills necessary for effective client representation at the pretrial stage of litigation, from the initial client interview through settlement negotiations. Several sections of this course are offered, each of which meets at a different time with a different instructor. In this course, students will litigate two civil cases. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills and the ability to analyze factual situations under the appropriate substantive laws. Students must complete legal research throughout the semester in order to learn and correctly apply the governing rules. There will be weekly reading assignments and regular written assignments, including pleadings, discovery requests, motions, and settlement documents. Students will also participate in simulations of the lawyering process in class each week. Attendance and preparation are required. A STUDENT WHO MISSES MORE THAN TWO CLASSES OR WHO MISSES ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR IS SUBJECT TO REQUIRED WITHDRAWAL FROM THE COURSE - this includes partial absences and absences for school activities (e.g., moot court, mock trial, etc.). WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER 5 p.m. MONDAY, AUG. 19, 2024, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. Any student enrolled in Pretrial Practice and Settlement as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis (HP-3.94, P, LP-2.98, F-2.50). Grades will be based on performance on written assignments and in-class simulations, as well as participation in class discussion. When determining grades, a premium is placed on strong written and oral communication. Because written assignments and in-class performance depend upon the particular roles assigned each student, this course will not be graded anonymously. [Note: Students cannot take both Pretrial Practice and Settlement (W74-658Y) and Pretrial Practice: Criminal (W74-658Z).] 3 units.
Credit 3 units.
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W74 LAW 658Z Pretrial Practice: Criminal
Enrollment limit: 12 students. Drop deadline: Monday, January 8, 2018 at 5:00 p.m. Prerequisite: Criminal Law. Course work in Criminal Justice Administration, Ethics, and Evidence may be helpful if taken before or simultaneously with this course, but are not prerequisites. This course will focus on developing the skills necessary for effective prosecution and defense of criminal charges before trial, from the initial victim, witness, and defendant interviews through plea bargain negotiations. In this course, students will litigate two criminal cases. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills and the ability to analyze factual situations under the appropriate substantive laws. Students must complete legal research throughout the semester in order to learn and correctly apply governing rules and statutes. There will be weekly reading assignments and regular individual written assignments, including pleadings, discovery requests, and motions. Students will also participate in simulations of the lawyering process in class each week. Attendance and preparation are required. A STUDENT WHO MISSES MORE THAN TWO CLASSES OR WHO MISSES ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR IS SUBJECT TO REQUIRED WITHDRAWAL FROM THE COURSE. This includes partial absences and absences for school activities (e.g., moot court, mock trial, etc.). WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that, in the past, has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER MONDAY, JANUARY 8, 2018, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in Pretrial Practice: Criminal as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis (HP-3.94, P, LP-2.98, F-2.50). Grades will be based on performance on written assignments and in-class simulations, as well as participation in class discussion. Because written assignments and in-class performance depend upon the particular roles assigned each student, this course will not be graded anonymously. [Note: students cannot take both 'Pretrial: Practice: Criminal' (W74-658Z) and 'Pretrial Practice and Settlement' (W74-658Y).] 3 units
Credit 3 units.
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W74 LAW 660B Appellate Advocacy
Enrollment limit: 24. This course is designed to provide students with the practical skills and substantive knowledge necessary to successful appellate advocacy. Students are trained to identify and analyze legal issues unique to appellate proceedings, such as harmless error, error preservation, and standards of review, while at the same time learning practical skills in written and oral advocacy. Classes combine lecture, group discussion, and demonstration with simulated oral arguments in which the students assume the role of counsel on appeal. Students are also required to observe oral arguments before the Eighth Circuit Court of Appeals. Grades are based upon written assignments, class participation, and a final oral argument. Grading is not anonymous. There is no final examination. No prerequisites. Regular attendance and participation required. 3 units.
Credit 3 units.
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W74 LAW 661A Employment/Civil Rights Mediation and Dispute Resolution Theory and Practice (Tokarz)
Enrollment limit: 20. Drop deadline: one day after the first day the class meets. This course explores employment and civil rights mediation and dispute resolution processes in the private and public sectors, and includes attention to the negotiation underpinnings of mediation and dispute resolution. The course provides concepts and tools that apply to a wide variety of employment and civil rights disputes, including discrimination, harassment, failure to hire or promote, wrongful termination, severance, health and safety violations, unfair wages, and workers compensation under state and federal, employment and civil rights statutes. The course focuses on the development of the theoretical, analytical, and interpersonal skills necessary to be successful as both negotiator/advocates and mediator/dispute resolution experts in multiple employment and civil rights mediation and dispute resolution processes, including Equal Employment Opportunity Commission conciliation and mediation, court-ordered dispute resolution, ombuds programs, and internal corporate dispute resolution. The course develops theoretical and analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course develops mediation skills through simulation exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in negotiation and mediation. Student grades are based on weekly written assignments throughout the semester, preparation for and participation in class role play exercises, and a final paper. The weekly assignments are not graded anonymously, as they are used as a method of providing ongoing feedback to students; the final paper also is not graded anonymously, as there will be ongoing dialogue with and feedback from the instructor. Students are graded according to the standard numeric grading scale. There are no prerequisites for this course. Students who have taken Negotiation or Negotiation Theory & Practice are eligible to take this course.
Credit 3 units.
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W74 LAW 661B Multi-Party and Public Policy Dispute Resolution Theory and Practice
Prerequisite: Negotiation. This course explores the theory and practice of multi-party dialogue and public policy dispute resolution processes. The course focuses on the development of the theoretical, analytical, and interpersonal skills necessary to be successful as dialogue facilitators, negotiators, and dispute resolution experts in multi-party and public policy conflicts. The course provides concepts and tools that apply to all types of multi-party and public policy dispute resolution, including environmental, land use, collective bargaining, organizational, community, and legal disputes. The course is designed to teach students how to manage multi-party conflicts and public policy dispute resolution processes, including diagnostic and process design skills, and negotiation techniques and strategies to resolve disputes in a multi-lateral, multi-issue world. The course develops theoretical and analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners, theorists, and public policy experts. The course develops facilitation and dispute resolution skills through simulation exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in multi-party dialogue and public policy dispute resolution. Student grades are based on preparation for and participation in class role play exercises, and a final take-home paper. Students are graded according to the standard numeric grading scale. 3 units.
Credit 3 units.
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W74 LAW 662G Supervised Practicum
Interested students should read the information provided on the Clinical Education Program website at http://law.wustl.edu/clinicaled/pages.aspx?id=8204. Note that units taken in a Supervised Practicum do not constitute Law Classroom Units.
Credit variable, maximum 3 units.
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W74 LAW 667A International Justice and Conflict Resolution Externship
Enrollment limited. This course provides students opportunities to learn international criminal and civil law practice, conflict resolution, legal advocacy, and professional responsibility while externing with international judges; lawyers practicing before international courts and tribunals; and lawyers in government offices, NGO's, legal services providers, or international arbitration and conflict resolution offices such as the UN. Students engage in extensive legal research and fact investigation; draft legal memoranda relevant to cases under submission by the courts and policy reports for government offices; interview clients, witnesses, and relevant constituencies; and participate in negotiations, mediations, hearings, trials, and other proceedings. The course enhances students learning in international and comparative criminal and civil law and practice, conflict resolution theory and practice, client representation and advocacy, and professional responsibility. Students must apply and secure their placements before being accepted. Prior to the beginning of each externship, the supervising faculty member, student, and externship supervisor will negotiate an agreement (learning contract) as to the specific nature of the tasks the student will perform in her/his placement, the number of weeks, and the number of hours to be worked each week. In addition to the individualized learning agreements, the course includes required reading specifically geared to the work of the placement; a required pre-trip orientation; reflective journals submitted weekly by students that are reviewed by the faculty supervisor, who provides feedback to the students; regular contact between the faculty member and field supervisors during the semester; and a ten page paper at the conclusion of the course, in which the student addresses an issue of law, policy, or practice relevant to the placement, in light of the reading material and the student's experiences. Placement offices include international organizations, government offices, and NGO's to which students have applied and been accepted, or placements which our students or faculty have worked before or with supervisors with whom the instructors have professional contacts. Depending on the placement, preference will be given to students who have taken relevant courses (or comparable experience), eg, International Criminal Law, War Crimes Seminar, International Human Rights Law, International Law, and Negotiation and Dispute Resolution courses. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in this course. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] 8 units remote; 12 units on-site.
Credit variable, maximum 12 units.
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W74 LAW 668J New York Regulatory and Business Externship
Enrollment limited. Open to 3L and 2L J.D. students. Student and instructor collaborate during the semester preceding the student's placement in making office selection and applying to individual offices for a position. In this externship, students work with legal offices in New York City learning first-hand about the practice of business associations and regulation in the nation's largest city. The externship allows students to work under the direction of attorneys in a variety of nonprofit, government, and in-house counsel offices having an emphasis on business associations and regulation. Examples of potential placements include positions with the Financial Industry Regulatory Authority (FINRA), New York Attorney General's Office, and in-house counsel office for large businesses. These externships expose students to nonprofit and business associations, as well as regulatory environments, and help students gain a level of experiential training and learning that will allow a more rapid transition to practice. Pre-requisite: successful completion of all first year courses. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in this externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission. This course is graded on a credit/no credit basis. 8 units remote; 12 units on-site.
Credit variable, maximum 12 units.
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W74 LAW 668K Semester In Practice Externship
Open to 3L and 2L J.D. students. This externship allows students to spend a semester working under the direction of an approved attorney-supervisor in a government, non-profit, or corporate in-house law office located outside the St. Louis area. This externship offers students a supervised professional experience in a different geographic area while also allowing them to focus on a field of practice that builds on classroom experiences. Through observation, participation, and reflection, students will improve their legal knowledge and professional skills, making possible a more rapid and successful transition to practice in their post-graduate careers. Students who are interested in this externship must complete an application, explaining how the placement fits into the student's overall educational program. Where a placement office has not been previously approved, proposing and obtaining approval of that office is part of the student's post-application obligation. Ultimately, the placement site also has to accept the student as an extern and agree to certain conditions. The School's approval process for a placement office includes a review of the nature of the work the student would perform and of the attorney who would be the student's field supervisor. The office must commit to the educational goals of the externship, to providing the student with relevant work assignments and on-going feedback, and to communicating throughout the placement with the faculty supervisor. In addition to the work commitment at the placement office, students are required to participate in meetings (usually via electronic means) with the faculty supervisor during the placement, to submit reflective journal entries, and to provide regular reports of their hours and activities. There is a mandatory pre-semester orientation. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in the externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] This course is graded on a credit/no credit basis. 8 units working remotely; 12 units on-site or hybrid on-site/remote.
Credit variable, maximum 12 units.
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W74 LAW 675C Entrepreneur Consulting Team: CeLect
The CELect program is a consultative experiential course that provides students the opportunity to work directly with start-up businesses. Early stage companies provide a unique environment for students to make a meaningful impact on the future trajectory of a growing organization. CELect is an experiential learning course that matches teams of Washington University students with start-up ventures across various locations (locations specified by sections) to perform defined management consulting projects. In addition to the required orientation session(s) and concluding sessions, students will work directly with the professor and with their client company on a consistent, but variable, schedule depending on the needs over the course of the shortened semester. Please Note: There is a required orientation and/or travel (depending on section) session that will be held prior to the start of the semester. The class time listed is required to be available each week. Prerequisite: APPLICATION REQUIRED for acceptance consideration: Click on the link below. Application must be completed by November 19th; http://olinbusiness.ut1.qualtrics.com/jfe/form/SV_9mDx0SxCS8MAoGG Enrollment is limited. All students should also add their name to the waitlist in WebSTAC (Law School course: W74 675C). Please direct questions to Amy Soell, CEL Program Manager (amysoell@wustl.edu). Law Students: Prerequisite/co-requisite: Corporations. As a law student enrolled in CELect, you may not give legal advice to anyone unless you are directly supervised by a licensed attorney who approves of the advice in advance. Additionally, you may not prepare any legal documents except under the direct supervision of a licensed attorney. Giving advice, preparing legal documents, or rendering any legal services would be the unauthorized practice of law unless such services are under the direction and with approval of a licensed attorney. This course is cross-listed with the Business School, B63 MGT 501C. Grading for Law Students is modified pass/fail: HP (3.94), P, LP (2.98), F (2.50). Dropping this course may have an adverse impact your ability to register for other CEL courses in the future.
Same as B63 MGT 501C
Credit 3 units.
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W74 LAW 675D Startup Law (Smith)
This course introduces students to the corporate, securities, and tax law issues that venture-backed startups face during their lifecycle (from incorporation through a liquidity event). Particular attention will be given to equity transactions, including restricted stock agreements, employee stock option grants, convertible promissory notes, and preferred stock financings. Students will explore how these transactions are structured with an eye towards both present concerns (raising capital and allocating corporate control) and future events (employee terminations, later equity issuances, acquisitions, IPOs, and liquidation of the company). Students will also learn about the dual role of venture capital firms as investors seeking to protect their own stake in the firm and board members with fiduciary duties to the corporation. Finally, the course will consider professional and ethical questions related to startup legal practice, including questions prompted by recent developments in legal technology. While there are no prerequisites for this course, students will benefit by having taken or by concurrently taking Corporations. The assessment in this course will include a take-home midterm and a final exam. 3 units.
Credit 3 units.
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W74 LAW 675P Immigration Law Clinic
Open to 2L and 3L JD students. The Immigration Law Clinic provides real-life lawyering experiences representing clients in immigration proceedings. Students work with clients on immigration matters such as family-reunification, applying for permanent residence, obtaining employment authorization, deportation defense, applications for asylum and other humanitarian relief, appeals, and naturalization. Students represent non-citizen clients before U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, the U.S. State Department, and at the Executive Office of Immigration Review, including possible appearances before the Immigration Court. The objective of this clinical course is to teach lawyering skills that are essential to the practice of immigration law and transferable to other areas of law. The lawyering skills students will use and develop include: problem solving; legal analysis and reasoning; legal research; factual investigation; client interviewing and counseling; oral and written communication; negotiation; litigation; organization and case management; cross-cultural lawyering; trauma-informed lawyering; and recognizing and resolving ethical dilemmas. A weekly seminar class held on Tuesdays from 1:00 pm - 2:52 pm, a weekly supervision meeting, and regular case-related meetings are required. There will also be a clinic orientation on the weekend prior to the start of classes. Immigration Law or U.S. Refugee & Asylum Law is a pre-/co-requisite for this clinic. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 10, 2024.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor, depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit variable, maximum 8 units.
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W74 LAW 691B Natural Resources Law
Enrollment limit: 30. The objective of this three-unit course is for students to develop a basic understanding of the legal structures governing natural resource use in the United States. The course will focus on the following areas of the law: water allocation, wildlife protection, public lands, energy and mineral development, natural resource damages, environmental mitigation and banking, climate change and carbon offsets, the public trust doctrine, and land conservation. The course will follow a typical model of casebook readings and in-class discussion, with occasional problem-solving exercises. Students will be evaluated on in-class participation and a final exam. 3 units.
Credit 3 units.
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W74 LAW 691E Introduction to Energy Law
Drop Deadline: Friday, Dec. 1, 2017 at 5:00 p.m.This 1 unit Intersession course will examine the energy industry and its legal practices, unique regulations and future. We will explore the history of energy law dating back to the discovery of oil in the United States, the property and contract laws that developed due the bifurcation of property interests, the types of energy production and the trend toward cleaner energy resources, import and export of energy, and the practice of energy law . Included are concepts as to the nature of a landowner's interest in oil and gas; the creation and duration of mineral leases; the oil and gas lease and rights and obligations created thereby; production payments and division orders; pooling and unitization; ethics; basic taxation; pollution liability; rights and duties between mineral and surface owners; protection of interests in oil and gas properties against trespassers and wrongful claimants; agreements among oil companies, including lease assignments, farmouts and joint operating agreements; and issues concerned with raising funds for oil and gas projects. Trending legal issues in traditional agreements, which were drafted in the context of vertical wells, in order to conform them to horizontal drilling and fracking operations. Environmental issues including those raised by fracking, fossil fuels and the struggles of implementation of clean energy in the United States. Various regulations of drilling and production will also be covered. Students are expected to thoroughly read any course materials and be well prepared prior to the start of the class. Class attendance is mandatory.
Credit 1 unit.
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W74 LAW 692J Government Lawyering Externship
Open to 2L and 3L J.D. students. Students in the externship will be assigned to work in either the U.S. Attorney's Office for the Eastern District of Missouri (EDMO) in downtown St. Louis or the U.S. Attorney's Office for the Southern District of Illinois (SDIL) in Fairview Heights. Subject to the availability of supervising attorneys, students may elect to work in the Criminal Division, the Civil Division, or a combination of both. Students are required to spend a minimum of 16- 24 hours per week over the 13-week semester working at their assigned office or on externship-related work. Students assigned to the USAO for the SDIL must commit to a minimum of 18 hours per week. For students in the Criminal Division, the course provides opportunities to gain exposure to all facets of criminal investigation and prosecution, including victim/witness interviews, agent meetings, the drafting of charges, discovery, motion practice, and trial and appellate work. Students in the Civil Division assist with a range of activities, including witness interviews, the drafting of pleadings and discovery requests, document analysis, motion practice and depositions, and do appellate work. Students enrolled in this externship will be required to submit to and pass an FBI security clearance, for which they will have to complete extensive paperwork months in advance of the beginning of the semester. Students who have taken Evidence, Criminal Procedure, Corporate & White-Collar Crime, and a course from the ethics curriculum may receive preference. Certification under student practice rules (Rule 13 in Missouri, Rule 711 in Illinois) is not required, but may be useful. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024.] This course is graded on a credit/no credit basis. 4-6 units
Credit variable, maximum 6 units.
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W74 LAW 695 Supervised Research
[To register, a Supervised Research Approval Form must be turned in to the Registrar's Office by the end of the second week of the semester. The approval form is available via the Registrar's Office forms website at http://law.wustl.edu/Registrar/index.asp?id=2131.] May only be taken for academic credit (1-3 credit hours) on a credit/no credit basis. The exact nature of the project shall be determined by the individual faculty member. A student may earn from one to three credits for Supervised Research depending upon the scope of the project, the precise number of credits to be determined by the supervising faculty member after completion of the project. The commitments expected from both the student and the faculty member in a three-credit Supervised Research project should be substantially equal in quality, scope, and time to the requirements of a course satisfying the upperclass seminar writing requirement; for a one- or two-credit project the expectations may be discounted commensurately. Students may receive credit only once for research and a paper on a single topic. Students cannot receive supervised research credit for work that substantially duplicates work previously performed for credit in a seminar paper, a note or comment for one of the publications, a memo prepared for the Judicial Clerkship Program, another supervised research project, or any other written research project for which credit was earned. A student may draw upon work done in a practice setting as the basis for a Supervised Research project, but only the writing component of that work may count towards Supervised Research credit. Supervised Research is not available for credit during the summer term (exception: students here on a foreign visa who enroll in order to use Curricular Practical Training or CPT status - see information at http://law.wustl.edu/registrar/forms/cpt-infohandout.pdf). Supervised research does not fulfill the research and writing requirement. No more than 2 Supervised Research experiences may be taken in total and no more than 1 may be taken in a semester. The work must be completed during the semester; incompletes are not permitted. There is no guarantee that a student will be able to do a Supervised Research; a student's ability to take this course will always be a function of finding a willing and able full-time faculty member who will agree to supervise the project. Therefore, one of the first steps that a student who is interested in this experience should undertake is to secure the participation of a faculty member. [Each faculty member has an assigned section number associated with Supervised Research which appears in WebSTAC; however, this does not mean that they are necessarily available to supervise students in a particular semester.] Faculty members are limited to supervising no more than 6 JD students per year in either Supervised Research, Supervised Practicum, or Supervised Moot Court. Once a student secures a faculty advisor and procures his/her signature on the Supervised Research approval form (along with the topic title), then the completed form, found on the Registrar's Office forms website, should be turned in to the tray on the counter in the Registrar's Office (AB Hall, Canavan Suite, Room 303), and then the Registrar's Office will register the student in WebSTAC. [Note: Credits from this course do not count toward the 67 Law Classroom Units required for the J.D. degree.] 1-3 units.
Credit variable, maximum 3 units.
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W74 LAW 696C International Criminal Law & Procedure (Sadat)
[This course is taught in the Netherlands at the Summer Institute for Global Justice - interested students can find information about the program at http://lawwww.cwru.edu/summer-institute.] This course examines procedural aspects of international law enforcement, including extraterritorial application of the U.S. Bill of Rights; obtaining custody of defendants through extradition, luring, and abduction; obtaining evidence from abroad; international application of the exclusionary rule; limits on the right to act as one's own lawyer before international tribunals; plea bargaining before international tribunals; and specialized defenses.
Credit 3 units.
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W74 LAW 697B Landlord-Tenant Law, Practice & Mediation
Enrollment limit: 24. Prerequisite: Negotiation. This course introduces students to the basics of landlord-tenant law and mediation theory and practice in the context of landlord-tenant disputes. The course focuses on the development of the analytical and interpersonal skills necessary to be successful in landlord-tenant practice, including negotiations and mediations as both advocates and mediators. The course combines the study of substantive law with practical application. The course develops analytical frameworks through case studies and articles, in which students examine and extrapolate lessons from practitioners and theorists. The course develops mediation skills through videos and role play exercises, in which students hone their powers of communication and persuasion, and experiment with tactics and strategies typically used in mediation. In this course, students will be asked to analyze and approach specific issues from the differing viewpoints of landlords and tenants. Preparation is required and substantive in-class participation in the discussions and simulations is expected from all students. The final grade will be based on the quality of the student's preparation and understanding of the material, as demonstrated by in-class participation, simulations, drafting assignments, and a short take-home paper. Given the nature of the course, the course is not graded anonymously. Students are graded according to the standard grading scale. 1 unit.
Credit 1 unit.
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W74 LAW 698C American Legal History (Osgood)
This course will, using almost entirely original materials, survey American legal history from the earliest European colonization to the 20th century with particular focus on the following episodes or themes: the legal origins of colonial law, the foundation of independent states and the federal republic, the law of slavery, the legal status of Native American people and tribes, the civil war and its aftermath, settlement of the prairie, early regulation of business, rise of the Supreme Court as a major national institution, development of the law affecting women, legal treatment of immigrants, and national security legal development and others. Three hours of class: discussion/lecture format. A short mid-semester paper/in class-presentation on individual topics selected by each student. A two hour open book final examination. 3 units.
Credit 3 units.
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W74 LAW 699D State Level Lobbying (Shabsin)
Offers an opportunity to investigate the practical application of such beliefs, explores how social workers can use community organizing, coalition building and lobbying to relate personal problems to public issues, link individual change to social change, and apply some of the problem-solving skills learned for working with individuals to addressing the larger political and community concerns of groups. Prerequisites: S15-5012 & S15-5039.
Same as S60 SWCD 5018
Credit 3 units.
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W74 LAW 700D Policy & Advocacy in the Three Branches of Government
This course focuses on the advocacy, development and implementation of policy knowledge and practice skills in all three branches of government, producing policy professionals who will be ready to create solid change. This is a hands-on course with direct applicability to policy practice. MSW Prerequisite: S15 5040. Grading for Law Students is modified pass/fail: HP (3.94), P, LP (2.98), F (2.50).
Same as S40 SWSP 5635
Credit 3 units.
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W74 LAW 702D Commercial Law (Keating)
This course is designed to familiarize students with some aspects of the law relating to payments and secured transactions. The majority of class time will be spent working through casebook problems that require an application of Uniform Commercial Code provisions to particular fact situations. Articles 3, 4, and 9 of the Uniform Commercial Code will be the principal focus of the course. The largest portion of the course will be devoted to Article 9, which covers secured transactions. The remainder of the course will cover Articles 3 and 4, which govern the checking system, and we will also cover the federal law that governs credit and debit card transactions. Attendance, participation and preparation will all be required. The final grade will be based on a single three-hour final exam. 3 units.
Credit 3 units.
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W74 LAW 704B Interdisciplinary Environmental Clinic
Open to 2L and 3L JD students. The Interdisciplinary Environmental Clinic (IEC) functions as a pro bono law practice working on environmental law, environmental justice, and community health cases, tackling some of the most challenging and important water, air, waste, climate change, and environmental racism problems in the region. Students will engage in complex, multi-party litigation and advocacy as part of an interdisciplinary team. Law students may be partnered with students from the engineering, arts & sciences, medical, public health, business, and/or social work schools. During the course of the semester, students will learn about public interest law while working on behalf of nonprofit organizations and under-represented communities. Previous experience or interest in environmental issues is not required and there are no pre- or co-requisites. Students will work on civil and administrative litigation; advocacy; legislative and regulatory work (through briefs, memoranda, and comment letters); and strategic planning. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024.] The clinic seminar will be held on Fridays from 10:00 am - 11:52 am. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 6 units (8 with permission of instructor).
Credit variable, maximum 8 units.
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W74 LAW 706F Energy Law and Regulation
Climate change is having a profound influence on how we generate and use energy-related resources. This course examines the complex dynamic between policy issues presented by efforts to address the effect of greenhouse gas emissions and the legal institutions and rules governing our electric energy systems. The course is designed to furnish students with an introduction to the field of energy law and regulation. We will explore what is energy law? What laws govern the development and distribution of fossil and renewable fuel resources? We will explore the historical evolution and policies animating the passage of the Federal Power Act, the Natural Gas Act, and the statutes and programs promoting renewable resources. As conversations throughout our society now focus on how best to achieve a carbon-free energy system-whether by 2035, 2040, or 2050, this course, consequently, explores the intricacies behind how our energy programs and policies will either inhibit or facilitate the push toward a carbon-free energy system.
Credit 1 unit.
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W74 LAW 706G Introduction to Climate Change Law & Policy (Outka)
This one-credit course provides an introduction to established and emerging climate change law and policy at the international, national, state, and local levels. Students who complete this course will have a basic working knowledge of international and domestic legal regimes designed to mitigate and adapt to climate change, and understand how these regimes have been shaped by scientific, environmental, technological, social, political, and moral contexts. Topics will include the United Nations Framework Convention on Climate Change (UNFCCC) and key implementing agreements; US legal reforms for greenhouse gas reduction in the energy and transportation sectors; climate and energy justice issues; climate change litigation; and more. The course will combine class discussion with credit/no credit assignments and a take-home final exam.
Credit 1 unit.
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W74 LAW 707S Health Law
This survey course is designed to provide students with a general introduction to the law and policy of the delivery and financing of health care in the United States. The course will cover a wide range of topics, including but not limited to the physician-patient relationship, the structure and regulation of health insurance (both public and private), access to health care, public health, health care fraud and abuse, and others. This course provides important background not only for students intending to represent health care providers or payers, serve as health care regulators or policymakers, or advocate for individuals, but also for students seeking to learn more about the legal rules governing one-sixth of the United States economy.
Credit 3 units.
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W74 LAW 710G Key Issues in Commercial Real Estate Transactions and Litigation
Taught by an experienced private practice real estate attorney, the course will focus on legal documents actually used in the practice. Key topics will include: Negotiating and Drafting Real Estate Contracts and Leases, Overseeing Due Diligence Disputes (Inspections,Title Insurance, Surveys), Closing Transactions,Tax -Incentivized Developments , Land Use /Zoning Hearings and Related Litigation. The course will be taught through lectures, classroom discussion and other opportunities for student input and exchanges. Mandatory attendance, preparation and participation are expected and may be taken into consideration in the final grade. There will be a take -home final essay exam.
Credit 1 unit.
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W74 LAW 710H Special Topics in Urban Real Estate Development (Rebbe)
This class meets from Thursday, Feb. 8 - Thursday, March 28. Drop deadline: 9:00 p.m. on the first day of class. This is a 1-unit course that combines practice and policy to provide students with a broad understanding of the issues and challenges surrounding modern urban real estate development. Students will learn 1) policy considerations for and against urban redevelopment and incentives ; 2) factors that inhibit development and growth without governmental assistance; 3) a working knowledge of tax increment financing and other incentive tools; 4) the role of private developers and the economic realities of real estate development; and 5) eminent domain process and issues. The course will examine these topics through the lens of an actual ongoing project in downtown St. Louis. Students will be required to research and write a client advocacy memo on a specific legal issue facing the City's attempts to revitalize downtown. Successful memos will be considered for possible submission to City officials/counsel. The final grade will be based primarily on the quality of student memos but will also take into consideration in-class participation and attendance.
Credit 1 unit.
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W74 LAW 711C Intellectual Property Clinic
Open to 2L and 3L JD students. The Intellectual Property Clinic offers students an experience in the practice of intellectual property law. By assisting the clinic in representing its clients, students in the clinic have the opportunity to continue developing their understanding of intellectual property law and applying that understanding in real-world situations. In addition to helping students increase their familiarity with each of the various regimes of intellectual property law, the clinic also helps students increase their familiarity with how the various regimes of intellectual property law relate to one another. Students enrolled in the clinic have the opportunity to assist the clinic's clients in a variety of intellectual property law matters. For example, some matters might include copyright matters, patent matters, right of publicity matters, trademark matters, and trade secret matters. There are no pre-requisites or co-requisites for enrolling in the clinic. Students are, however, encouraged to have taken or be concurrently taking courses relating to intellectual property. The clinic participates in the Law School Clinic Certification Program of the U.S. Patent and Trademark Office (USPTO). Clinic students may participate in this program and obtain limited recognition with the USPTO. To participate in the program, students must be eligible to sit for the patent bar exam. Note that students are not required to participate in this USPTO program and are not required to be eligible for the patent bar exam in order to be placed in the clinic. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 10, 2024.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor, depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The Clinic seminar will be held on Wednesdays from 10:00 am - 11:52 am. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit variable, maximum 8 units.
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W74 LAW 713A International Criminal Law (Sadat)
Can war be restrained by law? Should "war criminals" be prosecuted? Should heads of State accused of serious crimes like Slobodan Milosevic, Saddam Hussein and Omar al Bashir be tried, and by whom in what fora? How does one address the growing phenomenon of transnational criminality? The answers, in part, are provided by the study of international criminal law, a growing field at the intersection of international law and domestic criminal law. As a matter of substantive law, this year we will concentrate on war crimes, genocide and crimes against humanity. Procedural coverage will focus on the practical and legal problems in apprehending alleged international criminals and bringing them to trial through methods that range from formal extradition to kidnaping. There will be a mix of statutory, constitutional, treaty, customary international law, case law, and policy-oriented and philosophical materials. The final will be an open-book 3-hour in-class exam worth 75% of the grade. All students will also do a short paper and presentation as part of the class requirements, worth 25% of the grade. Laptops will not be allowed in class. Attendance and participation are required. 3 units.
Credit 3 units.
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W74 LAW 713F International Criminal Justice and Human Rights Practice
The practice of international criminal justice and human rights has evolved dramatically over the past several decades, from exhumation of mass graves in Rwanda and Srebenica during the 1990s to conducting digital investigation of social media content depicting recent atrocities in Syria and Ukraine. This course aims to introduce students to both law and practice. To do this, the course takes a case study approach and uses a hybrid structure. First, it will provide substantive grounding on key aspects of international criminal law or international human rights law implicated in specific case studies, such as atrocities committed in Bosnia, Myanmar, Chad, Ukraine and Ethiopia. We will also cover relevant institutions and processes engaged in the implementation or enforcement of international law in these contexts. Second, the course offers a practical component through which student teams will first learn about documentation, accountability, and advocacy approaches relevant to the case studies, as well as ethical considerations that arise in the course of this work. Students will then be assigned to live projects with the Center for Human Rights, Gender and Migration (Institute for Public Health). Projects will include technical support to ongoing atrocity investigations; development of practical guidance for legal and humanitarian actors responding to conflict-related sexual violence; and multi-disciplinary research focused on international justice systems or atrocity survivors' needs and experiences. Global experts will provide historical and practical perspective throughout the semester. Students will be graded based on individual class participation, a mid-term evaluation, and project-based workproduct (eg, legal memos, country conditions research, qualitative analysis of open source and interview data, etc.). Prerequisites: International Human Rights or International Criminal Law strongly recommended, though not required. 3 credits.
Credit 3 units.
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W74 LAW 714C Entrepreneurship Clinic
This clinic is only offered in the fall 2024. Open to 3L and second-semester 2L J.D. students. The Entrepreneurship Clinic provides students with hands-on training in legal practice related to for-profit and nonprofit entrepreneurs, startups, and social enterprises. Typical Entrepreneurship Clinic activities include: forming for-profit business entities (limited liability companies, corporations, etc.); forming nonprofit corporations and assisting with applications for tax-exempt status; drafting, reviewing, and negotiating business agreements; advising companies on capital-raising strategies; and advising companies regarding corporate structure and corporate governance. Entrepreneurship Clinic students are encouraged to have taken or be concurrently taking courses relating to business organizations. Students must spend a minimum of 255 total hours on clinic-related matters for 6 credits (about 20 hours/week on average), or, with permission of the instructor, may enroll for 7 credits (298 total hours) or 8 credits (340 total hours). Students must also attend a weekly seminar on Wednesday from 10:00 am - 11:52 am. Students must be certified under Missouri Supreme Court Rule 13 (eligible after completing one-half of the credits required for graduation). [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students that are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024.] This course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50). 6 credits (up to 8 with permission of instructor). There is no final exam.
Credit variable, maximum 8 units.
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W74 LAW 717A Secrecy and Whistleblowing (K. Clark)
[This course satisfies the J.D. ethics requirement, but is not considered a "survey" ethics course; therefore, students who take this course are eligible to take other ethics courses.] A "whistleblower" is someone who discloses alleged wrongdoing or a danger to someone else in an effort to rectify or address the wrongdoing or danger. This course examines the role of whistleblowing in the private and public sectors, including its potential for correcting wrongdoing within organizations and the actual experiences of those who engage in whistleblowing. There are several different ways that legal systems encourage whistleblowing: requiring individuals to report certain types of wrongdoing or danger; prohibiting retaliation against whistleblowers and punishing those who retaliate; promising compensation to whistleblowers who suffer retaliation; requiring or encouraging institutions to create mechanisms (such as anonymous tip lines) to facilitate whistleblowing; and providing financial incentives to those who blow the whistle on certain types of misconduct.On the other hand, some legal standards, such as certain confidentiality obligations, limit the ability of individuals to engage in whistleblowing. This course will explore how the law both encourages and limits whistleblowing, and places particular emphasis on how the law of whistleblowing applies to lawyers. 3 units.
Credit 3 units.
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W74 LAW 718F Title IX: Sex Discrimination in Education (Buzuvis)
This course will use the example of Title IX-federal law that prohibits sex discrimination in education-to foster students' deeper understanding of the role that civil rights laws play in addressing problems of inequality and discrimination in the United States. In particular, the objectives of this course are to cultivate deeper understandings of: Theories of equality reflected in civil rights laws like Title IX The cultural significance of such discriminatory practices as sex-segregation, imposition of gender stereotypes, sexual violence, and sex-based inequities in sport. The evolution of cultural, scientific, and legal definitions of "sex" and "sex discrimination" Congress's power to address inequality in contexts like education Similarities and differences between constitutional and statutory civil rights The role that courts play in defining the scope and meaning of statutory provisions The regulatory process and its responsiveness to political influence The interplay of judicial and regulatory enforcement Students will demonstrate mastery of these objectives by the successful completion of writing assignments, by engagement with assigned reading, and by attending and participating in class.
Credit 1 unit.
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W74 LAW 718G Higher Education Law
Through examination of applicable statutes, regulations, cases, and interpretive guidance from administrative agencies, this course will explore issues relating to governance of public and private higher education institutions, including academic freedom and responsibility, admissions, equal educational opportunity, collegiate athletics, and employment.1 unit.
Credit 1 unit.
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W74 LAW 722A Ethics of Lawyering in Government (Clark)
[Meets in Wash. D.C.: Required for students enrolled in Congressional & Administrative Law Clinic.] [This course is a part of the ethics curriculum. It is not considered a "survey" ethics course, so students may take this course and other ethics courses.] This course is taught in Washington D.C. in conjunction with our Congressional and Administrative Law Clinic. It covers the law governing lawyers, the professional rules specific to government lawyers and lobbyists, and ethics standards that apply to government officials. Students are required to prepare for, attend and participate in class, and complete 8 short written assignments. While some of the written assignments are graded anonymously, others are not because students address issues specific to their internship or state of licensure.
Credit 3 units.
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W74 LAW 724F Religion and the Constitution
The First Amendment reflects a particular concern for "religion," but the meaning of religion, its legal treatment, and the limits of religious expression have been fiercely debated. This course explores these debates through the doctrinal, historical, and theoretical dimensions of the religion clauses of the First Amendment, paying particular attention to the case law that has developed around these clauses. The course grade will be based on class participation and an in-class final examination. Please note that laptop computers are not permitted in class.
Credit 3 units.
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W74 LAW 725B Foreign Relations Law of the United States
This course explores the conduct of foreign relations under U.S. law, and in particular the constitutional allocation of lawmaking power in the foreign affairs field. It focuses on the distribution of foreign affairs powers among the President, Congress, and the judiciary, and on the relationship between the federal and state governments in the foreign affairs arena. Specific subject matter areas covered include the war on terrorism, the role of international law in interpreting the U.S. Constitution and other domestic legal sources, the treatymaking power, and the interaction of international institutions (such as the World Court) and domestic lawmaking bodies. Attendance and participation in class are required. Laptops will not be allowed in class. The final will be an in-class three-hour exam. 3 units.
Credit 3 units.
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W74 LAW 725C Selected Issues in Foreign Relations Law
This course will examine some of the constitutional and statutory doctrines regulating the conduct of America's foreign relations. Relevant issues include the distribution of foreign relations power among the three branches of the federal government, the status of international law in U.S. courts, the nature of the treaty power, the validity of executive agreements, the role of states in foreign relations activities, and doctrines regulating judicial review of cases implicating foreign relations. Your grade will be based on class participation (10% of your grade) and a one-hour final exam (90% of your grade), which may consist of multiple choice, short answer, and essay questions. The exam will be open book-you may refer to your class notes, any assigned reading material, and any study guides or outlines that you participated in generating. 1 unit.
Credit 1 unit.
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W74 LAW 727C International Taxation
Pre/co-requisite: Federal Income Tax (although Prof. Rosenzweig will entertain requests for a waiver of this requirement from students who believe that special circumstances warrant an exception for them). This course provides an introduction to the United States system of taxation of income earned outside the United States by US citizens and residents (including US corporations) and income earned within the United States by nonresident individuals and foreign corporations. The course will cover issues including jurisdiction to tax, sourcing of income and deductions, net income tax on operating a US trade or business, gross income tax on US non-business income, the foreign income exemption for US corporations, and double tax relief methods for US individuals. The course will also consider certain reforms currently under negotiation at the OECD such as a global minimum corporate tax and taxation of global digital businesses. The course grade will be based predominately on a three-hour in-school final examination, which will consist primarily of short essay questions. The final will be open book.
Credit 3 units.
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W74 LAW 729 Low Income Tax Clinic
Open to 3L and 2L J.D. students. The Low Income Taxpayer Clinic (LITC) provides students with a client forward opportunity to develop real-life lawyering skills working as student attorneys under faculty supervision on tax-related legal issues. Students will represent low-income taxpayers in disputes with the Internal Revenue Service (IRS), including possible appearances before the Tax Court. A student's primary experience will be to perform the tasks of advising and advocating on behalf of low-income taxpayer clients. Students will also be exposed to the legal and ethical problems that attorneys face in practice. In this clinic, students can expect to engage in: problem solving; legal analysis and reasoning; legal research; factual investigation; client interviewing and counseling; oral and written communication; negotiation; litigation; organization and management of legal work; and recognizing and resolving ethical dilemmas. In addition to individual supervision meetings, students must attend a weekly seminar. Students are required to have either taken or be simultaneously taking Federal Income Tax. This is a clinic that involves extensive client interaction. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 10, 2024.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The clinic seminar will be held on Wednesdays from 10:00 am - 11:52 am. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50).
Credit variable, maximum 8 units.
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W74 LAW 731 Prosecution Clinic
Open to 3L and second-semester 2L J.D. students eligible for Missouri Supreme Court Rule 13 student practice certification. Prosecution Law Clinic students work part-time in the St. Louis County Prosecutor's Office or in the St. Louis City Circuit Attorney's Office (in the Carnahan Courthouse in downtown St. Louis). Students have the opportunity to handle, or assist experienced prosecutors in handling, the prosecution of state-level crimes in the County or City of St. Louis while also gaining exposure to the legal and ethical problems that prosecutors face in practice. The clinic operates out of the St. Louis County Prosecutors Office (co-directed by Tom Smith who leads the felony team and Brooke Hurst working with the sexual assault/child abuse team) or The City of St. Louis Circuit Attorney's Office (co-directed by Rob Huq the General Felonies Trial Unit Leader and Tanja Engelhardt the Violent Crimes Unit Leader). Students in this clinic can expect to engage in: problem solving; legal analysis and reasoning; legal research; factual investigation; witness interviewing and preparation; oral and written communication; litigation; organization and management of legal work; and recognizing and resolving ethical dilemmas and the prosecutor's special responsibilities. In addition to case work, students must attend a weekly seminar. Students are required to devote 3.5 hours per week, on average, for every credit hour earned. Students who have completed courses in evidence, pretrial, trial, professional responsibility, and criminal procedure may be given preference. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. Students may request a preference as to which office they are assigned, but there is no guarantee that the student will be assigned to their preferred office. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The weekly seminar will take place on Thursday from 4:00 pm - 5:52 pm in the City and Tuesday from 10:00 am - 11:52 am in the county. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F 2.50). 6 units (8 with permission of instructor).
Credit variable, maximum 8 units.
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W74 LAW 769E Civil Rights, Community Justice and Mediation Clinic
Open to 3L and 2L J.D. and MSW students. The Civil Rights, Community Justice & Mediation Clinic introduces students to civil rights and dispute resolution law, policy, and practice from a community-based perspective. The Clinic focuses on housing, health, and education discrimination; economic instability; and related civil rights and community issues. For decades, the Clinic has worked closely with Legal Services of Eastern Mo (Neighborhood Advocacy Program, Consumer Program, Education Justice Program, and Youth & Family Advocacy Program), a major St. Louis legal services provider that protects the civil rights of individuals in these client communities. The Clinic also collaborates with US Arbitration & Mediation, other legal services providers, and local government offices. Clinic students engage in individual representation, interviewing, counseling, and representing a minimum of five clients/community projects each during the semester. Clinic students also provide class representation on behalf of these client groups through multiple community lawyering strategies, including impact litigation, legislative drafting and advocacy, media advocacy, policy development, court reform, and community legal education ("street law"). Clinic students also assist with a minimum of five eviction mediations each in St. Louis County Pro-Se Housing Court and in the community, in conjunction with the St. Louis Mediation Project, coordinated by the Clinic for 15 years. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic/externship without good cause and the instructor's permission after May 10, 2024.] Students earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor. For 6 credits, students must work a minimum of 255 hours over the course of the semester. For 8 credits, students must work a minimum of 340 hours over the course of the semester. A course from the ethics curriculum is a pre- or co-requisite (unless waived by the instructor). The Civil Rights, Community Justice and Mediation Clinic Seminar is on Mondays from 3:00 pm - 4:52 pm. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50).
Credit variable, maximum 8 units.
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W74 LAW 784 Regulating Sex: Historical and Cultural Encounters
This course explores sexuality, law, and culture as discourses and as regulatory instruments. Using this lens and emphasizing changing norms over time, we will examine a range of specific topics, including, for example, America's historical slave economy and its impact on sexual values and practices; sexual violence, sex without consent, and efforts to reduce both (on campus, in the home, and elsewhere); the role of religion in regulating sex; different understandings of sexual pleasure and the suppression of pleasure for socially devalued groups (women, the elderly, and individuals with disabilities); the medicalization of sex, pregnancy, and childbirth; traditional marriage and various alternatives; sexual education and initiation; LGB, intersexual, asexual, and trans identities; sex-offender registries; and sex research. To support this course's explicitly transdisciplinary focus, we will study materials from law, social work, sexology, literature, and popular culture and contrast conventional legal analysis with feminist and other frameworks, including queer theory, social constructionism, intersectional approaches, and symbolic interactionism. Students will have three writing assignments throughout the semester and no final exam. Grades will be based on writing assignments and contributions to the class discussions. Please note: Students will not receive "trigger warnings" in this course. Although many of the readings and class conversations confront challenging issues and may evoke emotional reactions, developing competency to address sensitive topics is one of the learning objectives of this course. Students are welcome to discuss with the professor any particular difficulties or accommodations. 3 units
Credit 2 units.
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W74 LAW 787D Congressional and Administrative Law Externship
Open to 3L and 2L J.D. students. Students in this externship work during the semester for a Congressional office, administrative agency, or nongovernmental organization in Washington, D.C. Admission to the externship is by application only and occurs in February of the preceding academic year. Student and instructor collaborate during the semester preceding the student's placement in making office selection/obtaining a position. In Congressional placements, students will perform professional staff work, primarily research and writing on legislation, and observe Congressional hearings, mark-ups and floor debate. A course in legislation is recommended for Congressional placements. Those interested in the work of administrative agencies will be assisted in obtaining a federal administrative agency externship in a subject area that matches the student's interest. The student will perform hands-on professional staff work of the type commonly done in the agency office and observe administrators making decisions about rule making, advising the public, and handling court and administrative cases. The Administrative Law course is recommended for administrative agency placements. Students are also encouraged to take, as preparation, courses in the subject area of the agency in which they will be placed. Placements in nongovernmental organizations will also be available to interested students. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) the semester prior to taking this course and the semester of this course, are not eligible to participate in this externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission.] This course is graded on a credit/no credit basis. 8 units remote; 12 units on-site.
Credit 12 units.
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W74 LAW 790A Criminal Justice Clinic (Joy)
Open to 3L and second-semester 2L J.D. students eligible for Missouri Supreme Court Rule 13 student practice certification. This clinic provides real life lawyering experience with the criminal justice system at the state trial level, and will work under the supervision of the faculty member teaching this course. The student's primary experience will be to serve as a Rule 13 certified attorney with the St. Louis County office of the Missouri Public Defender, the second largest criminal defense office in the state. The goal is for each student to: (1) conduct at least two, and hopefully more, preliminary hearings in felony cases; (2) conduct bond reduction negotiations and, when necessary, hearings for persons awaiting trial; (3) participate in multiple aspects of pending felony cases, such as brainstorming the theory of defense; researching and writing motions, briefs, and/or jury instructions; interviewing possible defense experts; preparing deposition questions for prosecution witnesses; and, if possible, (4) take primary responsibility for preparing at least one misdemeanor case for trial. In addition, students may observe depositions and the entering of guilty pleas, participate in probation revocation hearings, and second-chair a felony trial (which essentially means that the student will assist with all aspects of preparation for trial and issues that arise during trial, and that the student will sit beside the defendant and lead counsel during the trial, but the student will not take a witness, conduct voir dire, or participate in opening statements or closing arguments during the felony trial). The lawyering skills students will use and develop include: problem solving, legal analysis and reasoning, legal research, factual investigation, client interviewing and counseling, communication skills, negotiation, litigation skills, organization and management of legal work, and recognizing and resolving ethical dilemmas. Because different types of hearings take place in the morning while other hearings take place in the afternoons, each student should have at least two mornings (8:45 - noon) and two afternoons (1:15 - 5:00) Mondays through Thursday free to be in the clinic. Students will also meet as a class at the Public Defender's office (and occasionally at the law school) from 3:30-5:50 p.m. on Wednesdays. Students who have completed Evidence, Pretrial, Trial, a course from the ethics curriculum, and Criminal Procedure may receive preference. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Student will not be allowed to drop any law clinic without good cause and the instructor's permission after May 8, 2023.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester; 7 credits (298 total hours) or 8 credits (340 total hours). The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit variable, maximum 8 units.
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W74 LAW 790F Criminal Justice Clinic - Credit (Joy)
This course number is used for the units that are graded "Credit/No Credit" when a student taking this clinic for more than 6 units earns a grade of HP (3.94) or LP (2.98). Per Faculty Rules, no student in an eligible clinic can receive more than 6 units of HP (or LP).
Credit variable, maximum 2 units.
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W74 LAW 798C Lawyering Practice Externship
Open to 2L and 3L J.D. students. This externship enables students to work part-time in the St. Louis metro area for course credit, developing substantive legal skills under the supervision of licensed attorneys in government, nonprofit, and corporate legal departments. Skills and areas of focus will vary by placement; externs will gain experience with the civil, criminal, transactional, or regulatory work of their supervising attorneys. Students must participate in the placement process, attend an orientation, complete reflective journal assignments, maintain time sheets, and meet regularly with their assigned course instructor. Students are financially responsible for their own transportation and parking, as needed. This externship is expected to be in person. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. Once students have accepted an externship placement, students may drop the externship course only with the instructor's permission. Students may enroll for 3-6 credits: 128 total hours for 3 credits (about 10 hours/week); 170 hours for 4 credits (about 13 hours/week); 213 for 5 credits (about 16 hours/week); and 255 for 6 credits (about 20 hours/week). This course is graded on a credit/no credit basis.
Credit variable, maximum 6 units.
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W74 LAW 800D Appellate Clinic
Open to 3L and 2L J.D. students. In the Appellate Clinic, students brief and argue cases in the United States Courts of Appeals. The Appellate Clinic primarily represents clients in pro bono, court-appointed cases involving civil rights or criminal appeals, but the Clinic can handle all manner of federal appeals. Students work on all aspects of the appeal. This includes regular client interaction, intensive analysis of the record, substantial legal research, and drafting, revising, and finalizing appellate briefs. In most cases, one student will also have an opportunity to present oral argument to the court. And in addition to the Clinic's primary casework, students may have an opportunity to draft an appellate amicus brief. The Appellate Clinic also involves a weekly classroom seminar in which students learn various aspects of appellate practice, including advanced writing techniques, best practices for case management, federal appellate procedure, judicial decision-making, and Supreme Court practice. Towards the end of the semester, all students will present moot oral arguments during the classroom seminar. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 10, 2024.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester; 7 credits (298 total hours) or 8 credits (340 total hours). The Appellate Clinic Seminar is on Wednesdays from 10:00 am - 11:52 am. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 6 units.
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W74 LAW 801E Post-Conviction Relief Clinical Practicum
Open to 2L and 3L J.D. students. This clinical practicum provides students with instruction in the laws and policies governing post-conviction relief in capital and life without parole cases coupled with lawyering experience in handling ongoing cases in Missouri and other capital jurisdictions. During class sessions (on days/times to be arranged during semester, some virtual and some in-person), the course will examine legal and policy issues involved in capital post-conviction litigation. The readings and class discussion will provide not just the doctrine in post-conviction cases, but also address the ways lawyers can use their skills to challenge convictions and sentences. Doctrinal and practical facets to be covered in the classroom portion are expected to include: death penalty constitutionality; overview of law and procedure in state courts; "evolving standards of decency" and exclusion of intellectually disabled and juveniles; the roles of juries; entitlement to the effective assistance of counsel; state post-conviction procedure; and federal habeas corpus relief. The majority of the student's course time will be spent working with the instructors, practicing attorneys in the field, on post-conviction cases. This hands-on legal work will provide students with the opportunity to develop lawyering skills such as interviewing, fact development and analysis, problem solving, legal research and writing, organization and management of legal work, and professionalism. In addition to the reading and classroom portion of the course, students are expected to work a minimum of 16 hours each week on their assigned cases for a total of about 20 hours per week. There are no pre-/co-requisites but Criminal Procedure is recommended. Students are financially responsible for their own transportation and parking, as needed. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 10, 2024.] For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50). 6 units.
Credit 6 units.
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W74 LAW 801K Wrongful Conviction Clinic (Crane/Bushnell)
This course is available in the spring 2024 semester only.Students in the Wrongful Conviction Clinic will provide students the opportunity to work in the representation of persons who have been convicted of crimes in Missouri, and occasionally in neighboring states, who have credible claims of innocence. Students will work in partnership with the clinic lawyers to investigate and litigate cases in state post-conviction and federal habeas proceedings. This work provides dynamic real-life lawyering experience and immersive training for diverse practical lawyering skills. The Clinic operates out of the MacArthur Justice Center office and is co-directed by Tricia Bushnell and Megan Crane.This clinic is offered in Spring 2024.[Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other Law School courses. A student will not be allowed to drop any law clinic or externship without good cause and the instructor's permission after May 8, 2023. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50). 6 units (8 with permission of instructor).
Credit variable, maximum 8 units.
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W74 LAW 801L Veterans Law Clinic
Open to 3L and 2L J.D. students. The Veterans Law Clinic assists veterans who cannot otherwise afford the services of an attorney in requesting upgrades of veterans' discharge characterization and correction of veterans' military records. Representation may include written and oral advocacy before discharge review boards and boards for correction of military records. Because this is a new clinic, the scope of representation and types of legal issues addressed for veteran clients may shift based upon the clients' needs. Students can expect to conduct legal research, analyze administrative regulations, interview clients and witnesses, collect evidence, build a client's case file, engage in oral and written advocacy, and draft pleadings. There are no prerequisites. In addition to individual supervision meetings, students must attend a weekly seminar. [Note: Students are prohibited from taking more than one clinic/externship/supervised practicum in the same semester. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in a clinic/externship. The clinics/externships have a different drop deadline than other law school courses. Students will not be allowed to drop any law clinic without good cause and the instructor's permission after May 10, 2024. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The weekly seminar will take place on Thursday from 10:00 am - 11:52 am.] Students will earn 6 credits for the clinic, although a student may earn up to 8 credits with permission of the professor depending on workload. For 6 credits, students must work a minimum of 255 hours over the course of the semester. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98) and F (2.50).
Credit variable, maximum 8 units.
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W74 LAW 802B Supervised Instruction: Law, Gender & Justice (Tokarz)
Each semester, a team of three or four selected law students teach under law faculty supervision a three-credit undergraduate course in Law, Gender & Justice, listed in the Department of Women, Gender, & Sexuality Studies in the College of Arts & Sciences. Responsibilities for each team and its members include selecting a book for the course, planning coverage for the semester, developing a syllabus, preparing for and teaching a three-hour class each week, constructing and grading a midterm and final exam, being accessible to the undergraduate students, working with the faculty supervisor (in meetings and class visits), and writing a final memorandum about the experience. Interested students apply during spring of the preceding academic year, and faculty members select the instructors from the many applicants. Taking this course does not preclude taking a clinic or externship during the same semester, but students should be sensitive to the time commitments that teaching entails. The law student instructors each receive three credits (graded Credit/No Credit) toward the J.D., but these credits do not count toward the 67 required Law Classroom Units.
Credit 3 units.
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W74 LAW 802C Supervised Instruction: Law, Gender and Justice
Each semester, a team of three or four selected law students teach under law faculty supervision a three-credit undergraduate course in Law, Gender & Justice, listed in the Department of Women, Gender, & Sexuality Studies in the College of Arts & Sciences. Responsibilities for each team and its members include selecting a book for the course, planning coverage for the semester, developing a syllabus, preparing for and teaching a three-hour class each week, constructing and grading a midterm and final exam, being accessible to the undergraduate students, working with the faculty supervisor (in meetings and class visits), and writing a final memorandum about the experience. Interested students apply during spring of the preceding academic year, and faculty members select the instructors from the many applicants. Taking this course does not preclude taking a clinic or externship during the same semester, but students should be sensitive to the time commitments that teaching entails. The law student instructors each receive three credits (graded Credit/No Credit) toward the J.D., but these credits do not count toward the 67 required Law Classroom Units.
Credit 3 units.
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W74 LAW 803A Supervised Instruction: Marshall Brennan Constitutional Literacy Project
Each semester, six law students selected as Marshall Brennan fellows teach, under faculty supervision, a high school course in constitutional law, with a particular emphasis on the First and Fourth Amendments. Fellows teach in teams of two at area public high schools in the St. Louis Public School System and the University City school district. Fellows' responsibilities include planning coverage for the semester, developing lesson plans and curricula, preparing for and teaching approximately three hours of class each week, constructing and grading exams, being accessible to the high school students, preparing for and attending weekly hour-long meetings with the faculty supervisor, logging hours spent on teaching and preparation, and writing regular reflections about the experience. Interested students apply during spring of the preceding academic year, and fellows are selected from the many applicants. Taking this course does not preclude taking a clinic or externship during the same semester, but students should be sensitive to the time commitments that teaching entails. Marshall Brennan fellows each receive 2-3 credits toward the J.D., but these credits do not count toward the 67 required Law Classroom Units. Students who are not in good standing (for either academic or disciplinary reasons) are not eligible to participate in this course. This course is graded on the modified pass/fail basis.
Credit variable, maximum 3 units.
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W74 LAW 805B Introduction to European Union Law
This course offers an introduction to the law of European Union, in particular to the EU constitutional and institutional structure. This is an introductory course and is not addressed to those who already familiar with the concept of European integration. Although it will focus on general legal arrangements of the EU, the dynamism of the present crisis (as manifested by the U.K. decision to leave the Union) may require some last-minute updates. We all know that the EU is experiencing a difficult time now. But, we know less about what the EU is, how it works, and what its goals are. The aim of the course is to fill this gap, at least in part. The course is composed of four segments. It examines, first, historical and conceptual foundations of the European integration and, in particular, its gradual transformation from an economic integrational project into a pan-European structure of constitutional (quasi-federative) nature. The second part examines the legal foundations of the EU: the sources and structure of EU law, the structure of its governing bodies, the basic elements of its legal doctrine (direct effect, supremacy and fundamental rights) as elaborated by the EU Court of Justice. The third part deals with relations between the EU and its Member-States, in particular - with judicial reactions to the clash between national sovereignty and the extension of EU aims and policies. The last part will address two recent challenges for the EU system: the controversies resulting upon the ongoing debt crisis, and the question-marks surrounding the implementation of the Brexit decision. Prerequisites: none. Method of evaluation: class participation - 20%; take-home exam - 80% Credits: 3.0
Credit 3 units.
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W74 LAW 806E Business Lawyering: Listening, Writing and Negotiating
Enrollment limit: 24. Prerequisite: Negotiation. This course will focus on the role of the lawyer in the earliest stages of client relationships, disputes, and negotiations. The course is intended to develop listening, writing, and negotiating skills in rising attorneys in the context of business, including exchanges with both clients and opposing parties and counsel. As the course progresses, dynamics typical to real-world practice will be introduced, such as addressing the rise of unexpected factual developments. Often clients on both sides of a dispute will fail to disclose facts to their counsel that are adverse to their positions, and/or clients may be unaware of facts that are adverse to their position or that certain facts even could be adverse to their position. For this reason, early-stage communications are crucial but often overlooked tools of factual development for the lawyer. Well-crafted early-stage communications can help the lawyer build the proper foundation for favorable resolution. In turn, communications that are not carefully drafted or drafted without strategic thought and process can often restrict or undermine positive outcomes. Since many, if not most, real-world disputes are typically resolved at these early stages, how well the lawyer can perform in these early-state communications and negotiations will often determine the ultimate quality and value of the resolution for the client This course will provide students with both conceptual frameworks and practice experiences that will enhance their understanding and ability to participate successfully in early business lawyering in a combination of six core skills: 1) theoretical understanding and structural framework; 2) intrapersonal and interpersonal skills and awareness, including listening skills; 3) planning and strategy; 4) preliminary exchanges and correspondence; 5) discussion and negotiation; and 6) reflection and evaluation. Grades will be based on a combination of written assignments, class participation, performance in class simulations, and group projects. For this reason, grading will not be anonymous. The class will be graded on the mandatory mean curve.
Credit 3 units.
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W74 LAW 806F Supreme Court Simulation
This course provides students with the opportunity to analyze, discuss, and draft opinions with respect to current cases before the Supreme Court of the United States. Students will be divided into two "Courts" with each student playing the role of a "Justice" on one of those Courts. The cases chosen are intended to provide a mix of constitutional and statutory issues as well as criminal and civil cases. Each student's task while sitting on cases is to do his or her best to understand their assigned Justice, based on that Justice's prior opinions and judicial philosophy. In preparation for each week's session, all students will read the lower courts' decisions, the Supreme Court briefs and the major precedents implicated for the respective case. For each case a Court will hear arguments from two students assigned to argue the case before that Court, will meet in conference to debate and decide the case, and will assign the case to a Justice to draft the opinion. Students not assigned one of these roles will observe, comment, and critique these simulations. Students will be assessed based on a combination of the quality of their written work, performance during in-class simulations, and preparation for and participation in class sessions. This course is not graded anonymously because the instructor works with students on their writing projects and simulations throughout the course. Attendance at class sessions is required unless prior approval is given by the instructor. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).
Credit 2 units.
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W74 LAW 806K The Law and Policy of the Rails-to-Trails Conservancy Movement
This course traces the law and policy behind the rails-to-trails conservancy movement in the United States. The course focuses on both legislative and litigation aspects of rails-to-trails. Student will learn how the rails-to-trails movement started, policy considerations, and landowner rights and responsibilities. Students will be assessed based on relevant writing exercises primarily related to possible litigation issues, role plays, and class discussion. This course is not graded anonymously. Attendance at class sessions is required unless prior approval is given by the instructor. The course is graded on a modified pass/fail basis: HP (3.94), P, LP (2.98), F (2.50).There is no final exam. 1 unit.
Credit 1 unit.
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W74 LAW 806L Comparative Refugee Law
This course presents international refugee law with a comparative approach. We will first address key concepts of forced migration and refugee protection. We will then explore the development of the international refugee law regime and its institutions, stemming from post-World War II response efforts and the 1951 Convention Relating to the Status of Refugees and the creation of the UN High Commissioner for Refugees. After an overview of regional frameworks around the world, we will spend several weeks developing a general understanding of US refugee law, policy, and implementation. We will then explore refugee protection frameworks and crises in case study countries in Africa, Asia, Europe, and the Americas. In addition, we will examine cross-cutting themes (eg, climate refugees; specific protection needs of women, children, LGBTQI individuals, and adolescent males). Finally, we will reflect on current protection challenges arising in different areas of the world, where increasingly restrictive laws and policies are emerging in the context of an historic level of global migration. Guest experts will occasionally dial into class to provide insight and reflections on their policy and practice-level work around the world. Class will meet twice a week. As the semester unfolds, students will participate in policy debates and eligibility analyses based on different legal and political contexts studied. Active engagement is expected; participation will constitute a significant portion of the grade. There will also be a final exam (take-home).
Credit 3 units.
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W74 LAW 809A Cross-Cultural Dispute Resolution
Disputes and dispute resolution frequently involve cross-cultural conflict. Effective dispute resolution methods involve additional elements than those used in intra-culture adjudicatory and consensual dispute resolution processes. Through a harmonic integration of legal, sociological, psychological, and neurological concepts and findings, this course is designed to equip students with valuable tools that will allow them to choose suitable dispute resolution methods and strategies for resolving cross-cultural controversies, and managing legal conflicts involving individuals from diverse cultures and backgrounds, including but not limited to gender, religion, national origin, and race. The course is designed to enhance negotiation and dispute resolution skills by increasing cultural intelligence (CQ) for legal professionals who will be involved in diverse conflict resolution scenarios, whether as attorneys, negotiators, facilitators, or adjudicators. The course includes assigned readings, draftings, and simulations related to cross-cultural dispute resolution. 3 credits.
Credit 3 units.
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W74 LAW 812A Critical Race Theory
This course is an introduction to Critical Legal Studies, with a primary emphasis on Critical Race Theory. It uses Critical Race Theory as a lens to explore how law interacts with the distribution of different forms of power and privilege. The course will explore canonical academic readings in the legal literature on Critical Race Theory and contrast those with the state of the field, almost forty years later, focusing on key theoretical, doctrinal, and policy interventions. The course will devote some attention to contemporary debates over Critical Race Theory. Assignments will include a solo-authored legal brief; an opinion piece or Wikipedia entry; and a short "identity" paper (graded Pass/Fail). In addition, the class may incorporate in-class exercises involving non-graded writing. High quality class participation may enhance one's final grade. 2 units.
Credit 2 units.
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W74 LAW 813A Disability Law
The Americans with Disabilities Act was passed in 1990 as a key civil rights law to help persons with disabilities obtain access to employment, government facilities and programs at all levels, transportation and most public accommodations. The ADA was amended in 2008 to overrule several Supreme Court decisions that had restricted the Act's definition of disability. Through analysis of case law, topical articles and guest appearances his course will examine the ADA, as well as other legal protections for people with disabilities, and explore how our disability laws have succeeded or failed to fulfill their promise. The course will also address growing international developments in disability law and policy.
Credit 1 unit.
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W74 LAW 815A Social Media and Content Regulation
Social media has changed the way we communicate, empowering billions of people to connect freely across borders and time zones, sharing text, audio, and video in real time. While social media has paved the way for improved global response to natural disasters, increased visibility of human rights abuses, growth of small businesses, and the creation and funding of grassroots social movements like #metoo, it has also provided opportunities for abuse, including terrorist recruitment, child sexual exploitation, harassment, threats, and fraud. In this course, students will explore the landscape of online abuse and various efforts to address it, including social media companies' content policies and existing and emerging government regulations. Students will examine both substantive questions about speech moderation (Which speech should governments and companies endeavor to remove? Should companies proactively search for abusive content, even in private messages?) and the practical challenges inherent in implementing policies and regulations (How should a "no hate speech" policy be communicated to a large, global team of content reviewers? Can a company disregard a government censorship order that is inconsistent with human rights interests?). Class discussions will cover speech examples that some students may find upsetting or offensive. There will be no final exam in the course. Grades will be based upon several short writing assignments, which will not be graded anonymously, and class participation. (Some classes will be taught online.) 2 credits.
Credit 2 units.
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W74 LAW 816A Special Topics in Reproductive Justice: The Abortion Right
[This 1 unit course meets during the January Intersession, Jan. 9-13, 2023.] Drop Deadline: Monday, Jan. 2, 2023 at 5:00 pm. The Supreme Court decision in Dobbs v. Jackson Women's Health Organization rejected the idea of a constitutional right to abortion grounded in substantive due process. Scholars and advocates have long argued, however, for the fundamental right to abortion based on alternative legal frameworks. This course will cover the basic privacy framework as announced in Roe v. Wade and rejected in Dobbs, but then expand the frame to consider some of these alternative frameworks - including those based on other constitutional provisions as well as those based on state constitutions and common law principles.
Credit 1 unit.
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W74 LAW 817A Toxic Torts
This course examines the theories of liability and issues of proof surrounding toxic torts, which include drugs, industrial chemicals, and hazardous waste, as well as the remedial challenges they pose. The distinctive aspect of a toxic tort is that it causes disease rather than traumatic injury, which raises difficult issues about factual causation. Thus, a significant component of the class is coverage of the concept of factual causation and the sciences that provide evidence ofcausation: epidemiology, toxicology, and genetics, which are central to practice in this area. In addition, many toxic torts are mass torts, and the procedural issues raised by complex litigation such as these mass torts is also a component of the class.
Credit 3 units.
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W74 LAW 818A Veterans Affairs Law
This course will examine the statutes, regulations, and case law governing federal benefits for veterans of the U.S. military. Students will examine the requirements for qualification as a "veteran," general benefit eligibility, service connection and ratings for disability benefits, dependency and indemnity compensation, veteran pension benefits, total disability due to individual unemployability, special monthly compensation, the claim adjudication process, and the appeal process following denial of benefit claims. The course will also explore the evolution of veterans benefits throughout U.S. history and changes in how such benefits were administered by the Department of Veterans Affairs and its predecessor agencies. Students will review benefit decisions by the Board of Veterans' Appeals, Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit. Laptops and similar devices are permitted in class. There are no prerequisites. Grades will be based primarily (90%) on a three-hour open-book final examination which will be graded anonymously. Regular class attendance and participation are expected and will constitute a small portion (10%) of the grade. 3 units.
Credit 3 units.
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W74 LAW 819A Contract Drafting (Gallagher)
Enrollment limit: 15. This is a skills-intensive course that will teach the principles and techniques for drafting contemporary commercial contracts and will provide practical opportunities for students to learn and apply drafting skills with supervision and feedback by the instructor. The course will help you understand fundamental basics to effective drafting including the structure of agreements, how to translate a business deal into contract provisions, how to draft clearly and unambiguously, and how to negotiate contract terms effectively. Throughout the course, students will engage in a series of drafting exercises. While the course will address key concepts covered during first-year contracts, the primary emphasis is on developing skills that will allow you to convert these concepts into sophisticated commercial agreements. The course will meet seven times during the spring semester in two-hour sessions, the first two sessions will occur during intersession. Grades will be based on the drafting exercises and participation. Due to the small size of the course, and the ongoing feedback that will be provided on the exercises, grading will not be done anonymously. 1 credit.
Credit 1 unit.
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W74 LAW 821A Introduction to Blockchain and Cryptocurrencies
Blockchain is a revolutionary technology that incorporates aspects of data science, economics, computer science, and law. The course allows students to obtain basic understanding of the blockchain technology and its applications to cryptocurrencies, smart contracts, and decentralized finance.
Same as B62 FIN 557E
Credit 1.5 units.
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W74 LAW 822A Managed Care and Government-Sponsored Health Insurance
This course provides students with an introduction to the law, operations and policy of Government-Sponsored Health Insurance in the Managed Care Space including Medicare, Medicaid and Exchanges. The US Health System focuses on the access and delivery for all Americans, with a special focus on the uninsured, those living in poverty and located in rural areas. Managed Care is playing an ever-increasing role in in this space because populations historically taken care of by the public health system have a disproportionate burden of chronic disease and costly health conditions, managed care companies have taken innovative steps to control costs. Students must understand the basics of health insurance and the tools that payers use to manage and control costs including case management, utilization review, and formulary structure, and the legal requirements for health insurers and the legal rights of patients and providers. Additionally understanding technology infrastructure, coordinated primary care delivery models and value-based contracting is essential to understand this space. Students will be assessed with take home quizzes/ tests and a group project.
Credit 1 unit.
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W74 LAW 823A The Law of Fire & Flood: The Mississippi River Basin and Beyond
Wildfire season is burning longer and hotter, often in the western states, but sometimes in unexpected places. For example, the deadliest fires in modern U.S. history swept through tropical Maui, Hawaii, in fall 2023, destroying thousands of homes and entire communities. Missouri, too, suffers from periodic wildfires and smoke from fires in other states. At the same time, flooding has become a common event, even in desert places like Palm Springs, California, which received over half its annual rainfall during one storm in the fall of 2023. National flood policy was forged in the Mississippi River Basin, impacted by such disasters as the great floods of 1927 and 1993 (with events in Chesterfield, Missouri playing a pivotal role). What do these two phenomena-fire and flood-have in common? Can lessons from one context inform the other? In this course, we will explore the law, science, history, and policy of fire and floods in the United States. We will ask how a variety of actors-including the federal government, corporations, private insurers, and individual actors-have amplified the harm from "natural" disasters, and how we can best formulate law and policy going forward. We will also consider the role of climate change, as well as the importance of formulating resilience strategies that bridge the equity gap and protect low-income and other vulnerable communities. The course will be based on group discussion. Students will sign up for on-call panels to lead the conversation each week, supplemented by lectures by the instructor and possible guest speakers. The course grade will be based on several short papers and participation in discussions. 2 units.
Credit 2 units.
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Law
Visit online course listings to view semester offerings for W75 LAW.
W75 LAW 503A Advanced Trial Advocacy
Enrollment limit: 6 per section (minimum: 4 per section). [Drop deadline: Monday, Dec. 5, 2016, 5:00 pm. Prerequisites: Trial Practice & Procedure. Note that Evidence is a prerequisite for Trial Practice & Procedure. Students cannot be enrolled in more than one section of this course. They also cannot be enrolled in one section and waitlisted for the other. Students cannot take this course and Advanced Trial Advocacy: Civil, W75-503B.] This course is designed for students who intend to be litigators. It provides these students with an opportunity to further develop skills learned in the basic Trial Practice and Procedure course as well as to learn new trial skills, including the use of computers in the courtroom. The course focuses on techniques used in federal courts and uses actual case and investigative materials from federal criminal cases. Required work for the course will be similar to that done for the basic Trial Practice course, except that there will be less time spent on lecture and demonstration and more time on skills performance. Two full trials will end the semester. The final class will involve trying a criminal case to a jury, but in a more complete format than that of the Trial Practice class. This course will meet once a week for three hours. WITHDRAWAL POLICY: To ensure that slots in this limited enrollment course are not left unfilled, IF YOU ARE ENROLLED IN THIS COURSE AFTER Monday, Dec. 5, 2016, YOU WILL NOT BE PERMITTED TO DROP THE COURSE. In other words, any student enrolled in the course as of the above date will receive a grade for the course and risks receiving a failing grade. It will be graded on a modified pass/fail basis [HP-3.94, P, LP-2.98, F-2.50]. Grade will be determined by the student's performance on simulation assignments, other work assigned during the semester, and the final trial, as well as weekly class participation. 3 units.
Credit 3 units.
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W75 LAW 503C Intellectual Property Licensing (McManis)
Enrollment limit: 30. This course will provide a practical, hands-on introduction to the law and practice of intellectual property licensing, and will function as a companion course both to the introductory intellectual property courses (Patent Law, Copyrights & Related Rights, Trademarks & Unfair Competition) and to three other advanced, practical skills IP courses - Entertainment Law Planning & Drafting, IP Licensing: IP & E-Commerce Planning & Drafting, and Management & Evaluation of IP Assets. The course will be based on Port, Dratler, Hammersley, McElwee, McManis & Wrigley's Licensing Intellectual Property in the Information Age (Carolina Academic Press 2005), and will focus on a series of weekly problems on the following topics: The business factors that drive a License Agreement & an overview of IP law, IP audits, negotiating strategies, valuation, multimedia licenses, general contractual provisions and contract issues in licensing, antitrust issues, enforcement, international aspects, tax implications and bankruptcy issues in licensing. Regular attendance and class participation is expected, and the grade will be based on written weekly assignments, which will fulfill the seminar requirement for IP LLM students (though not for JD students). Students who have taken the course IP Licensing: IP & E-Commerce Planning & Drafting taught by Prof. Fendell are eligible to take this course, as these two courses are not duplicative.
Credit 3 units.
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W75 LAW 530A Intellectual Property Litigation (GU/WB)
Enrollment limited to 20. This applied skills course will offer practical experience in dealing with pretrial and trial litigation issues unique to patent, copyright, trademark, and trade secret litigation. Students enrolling in the course will find it helpful to have had or to be enrolled in Evidence, Intellectual Property Law, and Unfair Trade Practices.
Credit 3 units.
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W75 LAW 530B Intellectual Property Litigation and Dispute Resolution
Enrollment limit: 24. There are no pre/co-requisites, however, students enrolling in this course will find it helpful to have had or be enrolled in Civil Procedure, Evidence, Trademarks & Unfair Competition, Copyright & Related Rights and/or Patent Law. This applied skills course will offer practical experience in dealing with pretrial and trial litigation issues unique to patent, copyright, trademark, and trade secret litigation. The course covers intellectual property litigation from the initial cease-and-desist letter through appeal. Students draft pleadings and other litigation-related documents for a wide variety of state and federal intellectual property disputes, and inter parties proceedings in the U.S. Patent and Trademark Office. Grading is anonymous, based upon weekly graded assignments, and a final drafting project. 3 units.
Credit 3 units.
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W75 LAW 530D Intellectual Property Licensing & Drafting
This course will explore the issues and techniques involved in (1) planning for intellectual property licensing and technology transfer transactions, and (2) drafting supporting legal documents. You will develop an understanding of how to draft clear and comprehensive legal documents for these types of transactions through a series of drafting assignments. Drafting assignments may include trademark assignments and licenses, non-disclosure/confidentiality agreements, trade secret licenses, copyright transfers, patent licenses, client letters, software development agreements, and various on-line contracts. Regular attendance and class participation are required. There is no prerequisite. However, you may find it helpful to have had, or be enrolled in, one or more of the following: Trademarks & Unfair Competition; Copyright and Related Rights; Intellectual Property Litigation; Survey of IP, Patent Law; and Trademark Practice. 2 units.
Credit 2 units.
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W75 LAW 530E Advanced Intellectual Property Litigation (GU)
Enrollment limit: 24. [* This is an advanced IP course - see below for details on eligibility of non-IP LLMs to take this course.] An in-depth study of selected topics in intellectual property litigation. Some knowledge of intellectual property law and federal civil procedure is presumed. The focus of the course will be on topics that are of current interest and importance in intellectual property litigation. For example, previous classes have examined Hatch-Waxman provisions relating to biotech patents; jurisdiciton based upon Internet contacts; circumvention of technological measures under the Digital Millenium Copyright Act; and exclusion of expert witnesses in patent cases under Daubert. Students will be expected to prepare four or five papers of twelve to twenty pages in length. Each topic addressed will involve a detailed examination of the relevant law, an investigation of any evidentiary issues, and a consideration of the relevant procedural steps. Most topics will be addressed for two or three weeks. *[This course is open to intellectual property LLM students in the School of Law. If space is available, the adjunct professors or Prof. McManis, at mcmanis@wustl.edu, may grant admission to this class on an individual basis to 3L students in the School of Law who have completed one or more classes on patents, trademarks, or high-tech licensing. J.D. students will be given letter grades (A, B, etc) because there is no mandatory mean for this course. Interested graduate level students from non-law W.U. departments may seek permission to take this course - see instructions on the form found at http://law.wustl.edu/Registrar/Forms/nonlawrequestfrm.html; Graduate Business School students are encouraged to apply.]
Credit 3 units.
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W75 LAW 530F Advanced Intellectual Property Topics (Upchurch)
Enrollment limit: 24. [** This is an advanced IP course - see below for details on eligibility of non-IP LLMs to take this course. Students cannot register themselves online for this course. IP LLMs should register by emailing erker@wustl.edu.] An in-depth study of selected intellectual property topics. Some knowledge of intellectual property law and federal civil procedure is presumed. The focus of the course will be on topics that are of current interest and importance in intellectual property litigation. For example, previous classes have examined Hatch-Waxman provisions relating to biotech patents; jurisdiction based upon Internet contacts; circumvention of technological measures under the Digital Millenium Copyright Act; and exclusion of expert witnesses in patent cases under Daubert. Students will be expected to prepare four or five papers of twelve pages in length. Each topic addressed will involve a detailed examination of the topic as applied to a real-world factual situations. Most topics will be addressed for two or three weeks. **[This course is open to intellectual property LLM students. If space is available, Prof. Upchurch (greg.upchurch@husch.com) or Prof. McManis, Director of the Law School IP program (mcmanis@wustl.edu), may grant admission to this class on an individual basis to 3L or other non-IP LLM students who have completed one or more classes on patents, trademarks, or high-tech licensing. J.D. students will be given letter grades (A, B, etc), because there is no mandatory mean for this course. Therefore, the grade for this course will not be calculated into the GPA of any JD in the course. JD students: to register you must turn in the approval form (found by the student mailboxes or at http://law.wustl.edu/Registrar/Forms/permission_take_advanced_ip.html) to the box on the counter in Rm 303. In lieu of Prof. Upchurch's or Prof. McManis' signature on the form, you may attach to the form an email indicating their permission. Interested graduate level students from non-law W.U. departments may seek permission to take this course - see instructions on the form found at http://law.wustl.edu/Registrar/Forms/nonlawrequestfrm.html; Graduate Business School students are encouraged to apply.]
Credit 3 units.
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W75 LAW 604S Moot Court (Wiley Rutledge Moot Court Competition)
Enrollment limit: 96 Early Drop Deadline: Friday, Aug. 30 at 5:00 p.m. The Wiley Rutledge Moot Court Competition simulates appellate practice in the form of an intramural competition among enrolled WashULaw students. Every student who meets the minimum attendance and participation requirements will receive one pass/fail credit. These requirements include researching and drafting, with a partner, an appellate brief (due on Oct. 4) plus delivering at least two oral arguments. Arguments will take place during the day on Saturday, Oct. 26 and on the evenings of Monday, Oct. 28; Wednesday, Oct. 30; and Thursday, Oct. 31. Students having an irreconcilable conflict on any of these dates will be required to drop the course (except for religious conflicts with the Saturday round, which can be accommodated with a round on Sunday, Oct. 27, if needed.) Enrolled students are also required to attend a final round that will take place on a date to be announced. The course does not have regular class meetings, but will hold three seminars on Aug. 26, Sept. 6, and Oct. 11. [Notes: (1) Students must register online via WebSTAC for this competition, which is open on a first-come, first-served basis (i.e., there is no application or audition process for Wiley Rutledge). (2) Participating students are required to be in residence in St. Louis; therefore, students who are enrolled in an externship or studying abroad are not eligible to enroll. (3) Students are permitted a maximum of 4 total credits from competitions, they are permitted to enroll in only one for-credit competition per semester, and this credit does not count as one of the 67 Law Classroom Units required for the J.D. degree.]
Credit 1 unit.
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W75 LAW 606M Intellectual Property Moot Court Team - Patents and Copyrights
Enrollment limit: 4. [Students do not register online for this course.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Giles Sutherland Rich Memorial Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal pre-requisites or co-requisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in patent- or copyright-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 2 units (posted to spring semester)
Credit 2 units.
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W75 LAW 606N Intellectual Property Moot Court Team - Trademarks and Unfair Competition
Enrollment Limit: 6. [Students do not register online for this course.] Second-year and third-year JDs will be selected for this moot court competition by tryouts in the fall semester. Those selected will prepare briefs and participate in the Saul Lefkowitz Moot Court Competition, held in Chicago during the spring semester. Team members will receive two hours of academic credit, graded on a credit/no-credit basis, to be posted in the spring semester. While there are no formal pre-requisites or co-requisites for this moot court competition, preference will be given to students who have taken and/or are enrolled in trademark-related courses. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] 2 units, posted to spring semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 2 units (posted to spring semester)
Credit 2 units.
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W75 LAW 610S International Moot Court
Students must prepare an appellate brief or memorial and participate in a minimum of two oral arguments. The course is graded on a credit/ no credit basis.
Credit 1 unit.
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W75 LAW 612S International Moot Court Team (Peil/Sadat/Sison)
[Students do not register online for this course. Students will be selected for one of Washington University's award-winning International Moot Court Teams by fall tryouts open to 2Ls, 3Ls, and international LL.M. students. Information about tryouts will be distributed to students at the beginning of the school year. Questions can be directed to Dorothy Campbell at djcampbell@wulaw.wustl.edu.] The team will work together under the guidance of faculty coaches to prepare an appellate brief or memorial and will participate in the Philip C. Jessup International Law Moot Court Competition, or the Niagara International Law Moot Court Competition, or another international moot court competition designated by the faculty. The teams' weekly meetings, writing deadlines and practice schedule are mandatory. The course grade is credit/no credit; one credit hour posted in the fall semester, and the other credit hour posted in the spring semester. The teams also function as a board and run the competition tryouts for the following year. Pre/corequisites (subject to waiver or substitution, in rare cases, by special permission of instructor): International Law and International Courts & Tribunals. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 1 unit in fall semester + 1 unit in spring semester.
Credit 1 unit.
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W75 LAW 616S Journal of Law and Policy
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W75 LAW 617S Jurisprudence Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W75 LAW 703A Trial Advocacy Competition (Mason/Rudder)
Enrollment limited: 12; subject to professors' discretion. [Students do not register online for this course.] Upper-level J.D. students in good standing are eligible to try-out for the Trial Team. Try-outs for the 2015-2016 Team will take place late in the Spring 2015 semester; tryout information is distributed to students by the Trial and Advocacy Program Coordinator in Room 541-B. This program involves intense training in trial advocacy and evidence law. There is also substantive work in all aspects of torts and criminal law rotating year to year. You will be expected to do substantive legal research as part of your case preparation. The required textbook is "Courtroom Evidence Handbook" West Publishing. It is recommended that students also use "The Federal Rules Of Evidence and Comments", West Publishing (most recent year). A small recording device is recommended for recording critiques. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition course per semester. Students should also keep in mind that these credits count toward the 19 maximum allowed in non-law and non-classroom component classes.] 2 units, posted to spring semester.
Credit 2 units.
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W75 LAW 716S Journal of Law & Policy (3rd Yr)
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W75 LAW 717S Jurisprudence Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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Law
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W76 LAW 646S Reorganization Seminar (Keating/Going/Palans/Schermer)
Enrollment limit: 16. Drop deadline: 5:00 p.m. the day after the first class meeting. This course will be taught jointly by Professor Keating, United States Bankruptcy Judge Barry Schermer and David Going of Armstrong Teasdale. Lloyd Palans of Bryan Cave serves as the designated substitute teacher for the course. The primary focus of the class will be reorganizations under Chapter 11 of the Bankruptcy Code. Using a single hypothetical reorganization as a backdrop, the instructors will take students through the various stages of a Chapter 11 case, from the initial filing with the bankruptcy court to confirmation of a plan of reorganization. The class will meet once each week during the semester for 90 minutes each session. The pedagogical objectives of the class include improving the students' persuasive writing, their knowledge of Chapter 11 bankruptcy law, and their ability to think on their feet. Attendance and preparation are both required. Students who have not taken the basic Bankruptcy course may enroll, but they may be at a disadvantage to those students who have. No laptops will be allowed during this seminar. Students' grades will be determined by their performance on two 8-page written assignments (both of which will require a re-write by the students after receiving written feedback from the instructors) and by their participation in class discussion. 3 units.
Credit 3 units.
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W76 LAW 737S War Crimes & Tribunals Seminar (Sadat)
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. There are now more than five functioning international and hybrid criminal tribunals. This seminar will focus on the jurisprudence of these war crimes tribunals and the International Criminal Court, studying their methods of legal reasoning, substantive law and procedures. Students will read cases from the tribunals and prepare a substantial research paper addressing a problem in international criminal law. The seminar will meet regularly except during a three or four week period in March during which students will work on their first drafts. The seminarâ?Ts purpose is to permit students to deepen their knowledge of international criminal law while at the same time offering extensive guidance in how to write (and rewrite) an excellent research paper. Instruction in international legal research will also be provided. Laptops will not be allowed in class. A prior course in International Law or International Criminal Law is helpful but is not a pre-requisite for this course. 3 units
Credit 3 units.
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W76 LAW 767S Advanced Topics in Freedom of Expression Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This seminar builds upon themes and delves more deeply into particular topics discussed in the course Speech, Press, and the Constitution. The seminar will consider particularly challenging problems related to the First Amendment's protections for free expression. The precise topics are yet to be determined. Past topics have included the First Amendment jurisprudence of the Roberts Court; the relationship between free expression and social power dynamics; and the central importance in First Amendment law of speech about political matters. Students' grades will depend primarily on a research paper of at least 25 pages. In the paper, the student will develop, articulate, and defend a thesis related to the course material. Students will complete an outline and a first draft prior to turning in their final papers. The instructor will meet with each student individually in the course of the semester to discuss progress on the paper. Students' presentations on their research will occupy the final third of the semester. 3 units.
Credit 3 units.
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W76 LAW 771S International Taxation Seminar (Rosenzweig)
Enrollment limit: 16. This seminar will include both a classroom component and an individual writing project component. Major seminar objectives are: 1) to develop an understanding of basic tax policy applicable to cross-border and international transactions; and 2) to develop and enhance research and writing skills. The first several weeks of the seminar will include assigned readings on selected topics in international taxation, which may include: source of income; the taxation of foreign persons' United States trade or business income; non-business income from United States sources; the role of tax treaties; the foreign tax credit; and Subpart F and other "anti-deferral" mechanisms. A 20-25 research paper will be required. Paper topics can be either on an issue of international tax policy relevant to current international tax reform or on issues relevant to the taxation of particular cross-border transactions. Students will select a research paper topic upon consultation with the professor. All students will be expected to exchange and critique other student papers. (This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester).
Credit 3 units.
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W76 LAW 790S Advanced Topics in Foreign Relations Law Seminar (Waters)
Enrollment limit: 16. Drop deadline: 9:00pm the day after the first class meeting. In this writing seminar, each student will explore a contemporary legal problem in foreign relations law. Over the course of the semester, students will prepare and revise a paper, comparable in scope and quality to a law review note, of no more than 30 pages. Students will choose paper topics at the beginning of the semester, with the help and guidance of the instructor. With instructor approval, students may write on any topic in foreign relations law. General areas of potential research include, but are not limited to, the distribution of foreign affairs powers between the President and Congress, legal issues surrounding the "war on terror," the role of courts in adjudicating foreign affairs cases, treatment of "enemy combatants" and other detainees, the incorporation of international treaty law and customary international law into U.S. law, the role of the 50 states in foreign affairs law, the relationship between the federal and state governments in foreign affairs, and the extraterritorial application of the U.S. Constitution and of U.S. laws overseas. Students must obtain instructor approval of their paper topics before beginning work. Each paper will progress from topic selection to a detailed written outline, to at least two drafts of no more than 30 pages each. We will meet formally as a group at the start of the semester, and will reconvene later in the semester as the need arises. Students will also have mandatory meetings with the instructor over the course of the semester. Students will receive significant individualized feedback after completion of the first draft. There are no formal prerequisites for this course, but students who have not taken a course in foreign relations law or international law may need to do some additional work at the beginning of the semester to familiarize themselves with basic concepts. Grades will be based on a weighted average of the first and final drafts, with heavy point penalties for unexcused missed deadlines. (This seminar is not graded anonymously because the professor works with students on their papers throughout the semester.) 3 units.
Credit 3 units.
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W76 LAW 796S Jurisprudence Seminar
Enrollment limit: 20. Drop deadline: 5:00pm the day after the first class meeting. This course will explore issues in contemporary U.S. law from a jurisprudential perspective. The course will meet regularly throughout the semester. The central theme of the course will be to explore the implications of the rise and spread of an instrumental view of law in the U.S. legal tradition. The first few classes will focus on classic issues in legal philosophy, including the nature of law, natural law, liberal theory, and the rule of law. The final few classes will focus on contemporary theories and issues, including law and economics, critical legal studies, judicial appointments, legislative and administrative capture, etc. Students will be required to write four papers in the course of the semester, 5 pages each in length. The papers will respond to a series of questions I pose related to the course material and class discussion. (These are not research papers.) Students must write the essays on their own; you may not use ChatGPT or any other artificial intelligence program to write the essay. The class is designed to help you hone your writing skills and ability to construct arguments, with detailed feedback provided on the papers.
Credit 3 units.
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W76 LAW 801S Propertizing Thought Seminar: Intellectual Property and the Workings of the Human Mind
Enrollment limit: 16. The notion that law treats human thought as a resource that can be commodified and subjected to property rights is likely to be greeted at first impression with either skepticism-law doesn't really do that-or revulsion-law shouldn't do that. Focusing principally, but not exclusively, on intellectual property law, this seminar will question both of these responses. Whether intellectual property law treats human thought as a propertizable commodity and whether it should, of course, hinge on what it means to propertize thought. What is the relationship between the property rights generated by intellectual property and the workings of the human mind? These definitional questions will loom large in this seminar. One of the premises of the seminar is that intellectual property law already propertizes thought in an indirect manner on a routine basis. Trademark law protects a trademark owner's interest in "good will," a phenomenon which is nothing but the collective mental impressions that consumers have about a product. Copyright law clearly restricts freedom of speech insofar as public performance of a copyrighted work requires the copyright owner's permission, and freedom of speech and thought are tightly interconnected. Patents that recite human, mental steps at the point of novelty are today sanctioned as both valid and enforceable. To the extent that intellectual property doctrines already propertize thought at least on an indirect basis, are any of these doctrines problematic because they impinge on the freedom of thought that should be preserved? If not, what types of hypothetical intellectual property rights would go too far and propertize thought in a way that would be objectionable? Why, precisely, would they be objectionable? The seminar will be structured in two parts. During the first half of the semester, students will read, present, and discuss articles and cases chosen by the professor. During the second half of the semester, students will present their own research papers as works in progress. Research papers may address any topic that touches on the relationship between intellectual property and the workings of the human mind. Students will meet with the instructor on an individual basis to discuss their presentations and paper ideas. They will submit two paper drafts. The instructor will offer feedback on each student's first draft and will evaluate final drafts based on the quality of the student's research, analysis, organization, and grammar. Final drafts will be between 25 and 30 pages of text. Grades will be based primarily on the quality of students' first and final drafts, with oral presentations and class participation also taken into account if they are not satisfactory. 3 units
Credit 3 units.
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W76 LAW 813S Digital Civil Liberties Seminar
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This readings seminar will focus on emerging issues of civil liberties in cyberspace, with special attention paid to freedom of speech and privacy in the age of social media. We will explore the potential and dangers of the Internet revolution in communications, and how it is affected by the activities of users, by companies like Google, Facebook, and Twitter, and by government attempts to restrain or shape the evolution of online activity through law. The course will be structured around discussions of principal readings of recent (and hopefully readable) books and articles. There will be three student papers required: two short 3-page papers due during the semester providing a critical review of one of the readings chosen by the student, and a longer 10-page paper due at the end of exams comparing and critiquing two or more of the principal readings. The instructor will provide writing feedback on the shorter papers to guide the drafting of the longer paper, with the goal of helping students write clearly about complex subjects. Grades will be a combination of the papers and class participation. 3 units.
Credit 3 units.
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W76 LAW 827S Implicit Bias, Law & the Legal Profession Seminar
Enrollment limit: 16. Drop deadline: 5:00 p.m. the day after the first class meeting. This 3-unit seminar will examine how biases against, and preferences in favor of, people who have certain characteristics can be both unknowing and unknowingly harmful. Social science has proven that our minds can be unconsciously skewed by stereotypes, hunches, and gut feelings. These hidden biases are reinforced by years of social learning and compounded by negative media image portrayals. Focusing on a handful of biases in the seminar, we will look at examples of biases in society and discuss how those biases came to be. We continue with some focus on examples of institutional biases. We will also look at the effect of harmful implicit biases on the legal profession. Finally, we will conclude looking at some of the resulting harms to others from our conduct and discuss strategies for disruption. The course will meet once a week with a short break in meetings to allow students to work on their research. Laptops are permitted. A maximum of three (3) absences are permitted. Class participation is required. The final grade will be based on a combination of attendance, class participation, the submission of weekly journal reflections, a draft paper, a class presentation of paper, and a final paper in range of 25-30 pages. 3 units.
Credit 3 units.
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W76 LAW 829S Feminist Theories, Feminist Judgments
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. This seminar will principally use the book Feminist Judgments: Rewritten Opinions from the United States Supreme Court (Kathryn M. Stanchi, Linda L. Berger, & Brigid M. Crawford eds., 2016), which contains twenty-four Supreme Court opinions, rewritten by various scholars to reflect feminist commitments and perspectives, along with commentaries on each rewritten opinion by a different author. Background readings will come from Martha Chamallas, Introduction to Feminist Legal Theory (3d ed. 2013). The seminar will meet regularly, with attendance, preparation, and participation expected. Class discussions will analyze and evaluate the rewritten opinions while also introducing students to underlying feminist jurisprudence and methodologies and as well as opinion-drafting techniques. For the writing component of the seminar, each student will draft a both a feminist opinion and a commentary on another student's opinion-mirroring the structure of the Feminist Judgments book. (For their opinions, students will select their cases, based on their own interests and goals as identified in one-on-one conversations with the instructor.) Each student will revise and improve the draft opinion and draft commentary, based on individual feedback from the instructor and classmates. Grades for the semester will be based on written work (first draft of the opinion, first draft of the commentary, and final versions of both) and contributions to the class discussions. 3 units
Credit 3 units.
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W76 LAW 832S Contract Theory Seminar (De Geest)
Enrollment limit: 16. Drop deadline: 5:00pm the day after the first class meeting. This writing seminar focuses on contract doctrine and theory. Students write a single paper on one doctrinal topic related to general contract law. The topic needs to be chosen out of a list, made available on August 22. (Note that this list does not contain any comparative law related topics.) We meet collectively only during the first week. From then on, we meet individually at least once every two weeks. Grading is based on three components. First, a three-page abstract (summarizing the thesis and the main arguments) and a PowerPoint presentation need to be submitted by October 1. The quality of this abstract and PowerPoint presentation counts for 20 points (out of 100). Second, a 30-page draft needs to be submitted by November 1. This draft counts for 40 points, and judgment is based solely on content, not on quality of writing. Third, a 35-page final version needs to be submitted by the last day of the exam period. This final version counts for 40 points, and judgment is based solely on the quality of writing. This seminar is not graded anonymously because the professor works with students on their writing projects throughout the semester. 3 units.
Credit 3 units.
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W76 LAW 838S Advanced Securites Regulation Seminar
Enrollment limit: 16. Prereq: Corporations. This seminar will give students the opportunity to examine the regulation of financial institutions and markets and to explore advanced topics in corporations law and securities regulation. The first several classes will offer an introduction to the writing process and relevant academic literature. In the remaining weeks, students will meet regularly with the instructor and write a research paper 25 to 30 pages in length - in the course of which they will satisfy several interim writing deadlines. Students will be encourage to pick a topic from a list provided. [This seminar is not graded anonymously because the professor works with students on their writing project throughout the semester.] 3 units.
Credit 3 units.
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W76 LAW 840S Public Law Theory Seminar
This course will examine scholarship on theoretical issues in public law fields, with a primary focus on constitutional law. Potential topics include the separation of powers, arguments for and against constitutionalism and judicial review, and interpretive method. The first part of the course will survey traditional, big-picture debates in constitutional law and related areas, while the second part will closely examine more recent books or articles at the frontiers of public law theory. Instead of a long final research paper, students will be required to write several shorter papers during the semester. The instructor will provide feedback on papers during the semester so that students have the opportunity to improve their writing during the course. Students will be graded based on their papers and class participation. In order to facilitate an engaged discussion, electronic devices will not be permitted. Pre/co-requisite: Constitutional Law (although Professor Epps will consider requests for a waiver of this requirement from students who believe that special circumstances merit an exception). Drop deadline: 5:00 pm the day after the first class meeting.
Credit 3 units.
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W76 LAW 848S Good Society Seminar
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. What is a good society, one that is fair and just and best satisfies the aspirations of its people? This question has been a fundamental quest of philosophy and political theory for millennia. In this seminar we will consider several alternative versions of a good society, including Plato's Republic, Exodus, The New Testament, The Quoran, Marx and Liberal Democracy. We will also examine the legal rights the people and the responsibilities of government in a good society. Students will be expected to write a paper proposing their version of the good society.
Credit 3 units.
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W76 LAW 851S The American Presidency Seminar
This seminar examines the intellectual origins, historical development, powers and operations, and current debates surrounding the American President. Throughout the semester, we will pay attention to the distinction between the office's formal constitutional powers and changing norms of presidential leadership and politics, and consider how the latter impact the former. The first two weeks of the course track the historical development of the American presidency from the patrician presidency envisioned by the Framers to the nineteenth-century party man of Jacksonian America, and forward to more modern forms of leadership minted in the twentieth-century and today: agenda-setting, bureaucratic management, and control of public opinion and image. In each of the remaining weeks, we take up a discrete topic of modern presidential power, including foreign affairs, the war power, policy agenda-setting, relations with Congress, bureaucratic management, image leadership and the media, executive privilege, and impeachment. Finally, we assess the health of the American constitutional system in light of the Presidency's evolution. Are we, as some allege, facing a constitutional crisis? If so, can it be attributed to system-deep, historical, or cultural factors? Students are responsible for three short reaction papers, 1-2 pp in length, responding to a week's reading of their choice. Additionally, there will be a final paper of 20-25 pp on a topic of the student's choice.
Credit 3 units.
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W76 LAW 852S Voting Rights from Reconstruction to the Roberts Court Seminar
Enrollment limit: 16.Drop deadline: 5:00 pm on the day after the first class meeting. From debates about voter ID laws to political and legal battles over redistricting, race and voting rights are intertwined in our society. This course analyzes the intersection of race and voting rights from a legal and historical perspective. This course will also examine questions of federalism and Congress's Reconstruction Amendment enforcement authority. The first part of the course addresses the expansion of Black male suffrage during Reconstruction and the ratifications of the Fourteenth and Fifteenth Amendments. It then canvasses the establishment of Jim Crow in the late 1800s and the large-scale disenfranchisement of Black voters. The second part examines the Voting Rights Act of 1965 and its 1982 amendments, with particular attention paid to Sections 2 and 5 of the VRA as well as the Shaw line of cases. This part will also focus on race-based redistricting and racially polarized voting. The last part of the course covers contemporary issues in voting rights, such as the aftermath of the Supreme Court's decision in Shelby County v. Holder and current proposals to amend the VRA. Grades will be based principally on writing, with some credit awarded for contributions to classroom discussions. Students can choose between two paper options: write four response papers of 5-7 pages each or a 20-30 page research paper. Papers should be double-spaced in 12-point, Times New Roman font. Feedback will be provided on the first two response papers or on a first draft of the research paper. Students must choose between these paper options by week four of the course. 3 units.
Credit 3 units.
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W76 LAW 853S Advanced Private Law Seminar
Pre/co-requisite: Property, Contracts, and Torts. Students not meeting this requirement may enroll with permission of the instructor. This seminar is about the legal relationships between individuals and private entities. It will pair classic readings from the private law theory with new scholarship. For the purposes of this seminar, private law includes the law of agency, companies, consumer protection, finance, obligations (torts and contracts), property, and trust. Within these topics, the readings will focus on two themes: First, how the private law allocates and governs economic opportunities, especially in light of new technologies. Second, whether and if so, how, the private law promotes human flourishing. In addition to legal sources, readings will include both philosophical and economic materials. Students are not expected to have any background in either philosophy or economics. Students will write and briefly present several short response papers. Students who need a longer writing sample may make arrangements to write one with the instructor in the first week of class. This seminar is not graded anonymously because the professor considers class participation and works with students on their writing projects throughout the semester. 3 units.
Credit 3 units.
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W76 LAW 854S Comparative Legal Ethics Seminar
Enrollment limit: 16. This course is part of the Ethics Curriculum. Students in this course will write a research paper of publishable quality in the field of legal ethics. An emphasis will be placed on paper topics which compare U.S. legal ethics approaches with the approaches in other countries. Students will be expected to research legal ethics regimes in at least one other country in addition to the United States. Mechanics and Writing Requirement: The class may meet as a group on a weekly basis for a substantial part of the semester to discuss course readings. Students will be expected to read assigned materials, and participate actively in class discussion. Students may also be required to make presentations based either on their paper topics or comparative material necessary for the successful analysis of issues discussed in their papers. Each student will meet individually with the instructor to discuss the topic selection for his or her paper, and each student will need to turn in a research proposal, an outline, a preliminary draft, and the final, revised, version of the paper (25-30 pages in length). The instructor will meet with students individually to discuss progress on the papers, and students will receive written and oral feedback on the preliminary draft. Although there are no prerequisites, students taking this course should already understand U.S. legal ethics issues, preferably through taking Legal Profession or some other legal ethics course. If a majority of students enrolling in this Seminar have not had a U.S. legal ethics course, the first six or seven weeks of the semester will focus on an overview of U.S. legal ethics issues and may include a short mid-term exam, which will count for 25% of the final grade in the course.
Credit 3 units.
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W76 LAW 856S LawTech Seminar (Frankenreiter)
Legal practice has always been shaped by technology as lawyers seek out new ways to better meet the needs of their clients at the lowest cost. Recently, advances in computational text analysis, machine learning, and artificial intelligence have started to affect not only the range of tools available to lawyers, but also the workings of government agencies and the adjudication of disputes. These changes are playing out in various contexts, affecting areas as diverse as discovery and fraud detection. In the near future, broad diffusion of these technologies are poised to further transform the nature of legal practice. In this course, we will examine some of these new technologies, how they are being put to use, and the potential upside and downside risks associated with the further automation of legal work. Grades will be based principally on writing, with some credit awarded for contributions to classroom discussions. Students are expected to write seven response papers of 3-5 double-spaced pages in 12-point, Times New Roman font. Feedback will be provided on the first four response papers. 3 Credits
Credit 3 units.
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W76 LAW 858S The Past and Future of Our Financial Regulation
This seminar will review the history of financial regulation beginning with the formation of the country to the 2007-2008 financial debacle. Particular emphasis will be given to the extent to which the 2010 Dodd-Frank Act addressed the financial crisis of 2007-2009. The course will also explore the following two critical events that occurred in the decade after the enactment of Dodd-Frank: (1) the rise of digital assets including cryptocurrency portending a rival currency and financial system, and (2) the rapidly accelerating national debt that owes in part to the Corona Virus. Students will be required to write a paper on a topic related to our financial system and its financial regulation. Grades will be based on your final paper, oral presentation, and class participation. 3 Credits
Credit 3 units.
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W76 LAW 860S New Directions in Housing Law and Policy Seminar
This seminar will examine inequality and discrimination in housing law and policy, and the attendant implications for health, employment, education, crime, and the environment. The national housing crisis was exacerbated by the COVID-19 pandemic. The nation now faces a massive eviction epidemic; an impending foreclosure avalanche; significant imbalances in the housing market; and increased housing discrimination against women, people of color, individuals with disabilities, low-income individuals, and older populations. The pandemic laid bare inadequacies of present law and public policy to address housing challenges and inequities. Students will be expected to explore the needs of public, private, and nonprofit stakeholders, and propose innovative law and policy interventions to reimagine housing options and property rights for today's world. Seminar grades will be based on a series of short papers, plus participation and attendance.
Credit 3 units.
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W76 LAW 861S Crime Policy and the Growth of Incarceration Seminar
This seminar reviews the most influential academic literature regarding mass incarceration in the United States. The American penal population, at 2.3 million, is the largest in world history. For the past three decades, socio-legal scholars have considered the roots of mass incarceration and the century-long expansion of American penal infrastructure. How exactly did we get here? What combination of social, political, economic, and legal factors delivered a sprawling carceral state within a nation that has long promoted itself as a bastion of individual freedom? Three primary interests will anchor our discussion of the reading materials for the course: (1) identification and analysis of the sociological factors thought to be responsible for the transformation of crime policy over the past century; (2) identification and analysis of the crime policy mechanisms instrumental to the escalation of incarceration rates over the same period; (3) disaggregation of the "criminal justice system" to account for the federalist structure of American governance in which states and municipalities operate as semi-autonomous criminal systems largely independent of federal criminal administration and federal crime policy.
Credit 3 units.
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W76 LAW 862S Seminar on Social Movements, Work & Law (Crain)
Enrollment Limit: 16. Drop deadline: 5:00 p.m. on the day after the first class meeting. Prerequisite: Students must have taken (or be taking concurrently) one of the following: Labor Law, Employment Law, or Employment Discrimination. This seminar will explore the relationship between social movements and the law of work, seeking to understand the relationship between law, social movements, and social change. Law is a contested terrain for social movement struggles; movements often frame their struggles around demands for legal rights, relying on them to generate collective consciousness and to recruit and mobilize activists. At the same time, however, law and legal strategies can exert a conservative influence on social movements by channeling protest and more radical forms of action into conventional legal and political institutions. We will study some of the leading theoretical models in the social movement field, explore how law is used in the framing of grievances and the social construction of group identity, interrogate how legal reform once achieved influences the social movement that produced it, and assess the most effective ways in which law has been deployed to accomplish social change. The social movements on which our reading and discussion will focus will be the labor movement, the feminist movement, the civil rights movement, and the LGBT movement, but students are free to select any social movement for their written work in this seminar as long as one focus of that movement has been addressed to the laws governing work. The first half of the course will consist of regular class meetings with assigned interdisciplinary readings from scholarly articles and books, and key cases. Students will write short reaction papers (1- page) to the readings highlighting their questions or critiques, and are expected to participate in class discussion. During this time, students will select a social movement and a Supreme Court or influential circuit court case, consult with the instructor, and write a ten-page case study of how a social movement of their choice sought to influence the law of work through legislation or litigation, and/or was influenced by law in return. The paper will be modeled on the style of chapters from the Foundation Press's "Stories" series (e.g., Labor Law Stories, Employment Law Stories, and Employment Discrimination Law Stories), which tell the stories behind important Supreme Court cases through an in-depth analysis of a case in its historical, cultural and political context. [Students will become familiar with this style through selected chapters from these books assigned as readings in the first half of the course]. Detailed feedback will be provided on this first paper but rewrites will not be required. Instead, students will endeavor to generalize from that feedback and improve their writing in a second 10-page paper focused on a different case (it may involve the same social movement, or a different one). Students will be responsible for leading a portion of a class with the topic selected in their second paper, and will circulate a draft of a portion of the paper to the class as the background reading for that class. The instructor will provide written feedback on the portion of the draft circulated, to help the student further improve the final written product. Two-thirds of the course grade will be based upon the written work. One-third of the grade will be based upon the class presentation and class participation.
Credit 3 units.
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W76 LAW 863S Tyrants: Why No Good Society Has Ever Been Fully Achieved (Seligman/Schwab Seligman)
Enrollment Limit: 16. Drop deadline: 5:00 p.m. on the day after the first class meeting. In the conflict between democratic and authoritarian regimes, authoritarianism in recent years often seems to have prevailed. This course will address why and what can be done in response. In this seminar we will address five case studies of tyrants who overthrew legitimate governments, specifically Julius Caesar, Oliver Cromwell, Napoleon, Lenin and Adolf Hitler. We will examine the means that such tyrants used through their writings, histories, novels and film documentaries. Each student will be expected to write a paper addressing a different tyrant than those covered in our case studies and propose how legitimate government can be protected or restored.
Credit 3 units.
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W76 LAW 864S Tax Policy and Budget Seminar (Clarke)
Drop deadline: 5:00pm the day after the first class meeting. This seminar will include both a classroom component and an individual writing project component. The major seminar objectives are 1) to develop an understanding of the modern tax policy and federal budget debates; and 2) to develop and enhance research and writing skills. The first several weeks of the seminar will include assigned readings on selected law and policy topics, which may include: tax progressivity, inequality, income and consumption taxation, the growth and distribution of federal spending, and current tax reform proposals. An approximately 20-25 page research paper will be required. Students will select a research paper topic upon consultation with the professor. All students will be required to present their papers and will be expected to exchange and critique other student papers. Grades will be based on your final paper, oral presentation, and class participation. 3 units.
Credit 3 units.
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W76 LAW 865S Criminal Justice Reform Movement Seminar (B. Levin)
Over the past decade, "criminal justice reform" has become a rallying cry, attracting voices from across the political spectrum. On federal, state, and local levels, the criminal system has been under fire. Commentators have decried the expansive reach of substantive criminal law, racial disparities in policing and prosecution, and dramatically expanding prison populations. Activists, academics, attorneys, and politicians have worked to craft critiques of criminal law and to shape policy solutions. This seminar explores contemporary criminal justice reform movements. Discussions will focus a range of pressing issues in criminal policy including bail reform, progressive prosecution, policing, and wrongful convictions. Throughout the course of the semester, we will learn about various systemic critiques and proposed policy solutions. We will trace the theoretical literatures that underpin contemporary activism. And, at each turn, we will ask what role lawyers can and do play in institutional change. Final grades will be based on in-class participation, weekly discussion questions, and four short papers. 3 units.
Credit 3 units.
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W76 LAW 866S Courts as Transnational Actors (Waters)
This seminar will explore the role of courts as transnational actors. When adjudicating cases with transnational elements, how do judges conceive of their roles? How should they conceive of those roles? Scholars have described a so-called "global judicial dialogue" in which courts now serve as key intermediaries between the domestic and international realms: In some instances, domestic courts take on a powerful co-constitutive role in creating, shaping, and enforcing international legal norms. In other contexts, however, judges serve as staunch defenders of the "local" against the pull of globalism. In considering the emerging picture of the "global jurist," can we find commonalities in approach across disparate areas of the law? Does a "global judicial dialogue" really exist other than in the minds of legal scholars -- and if so, what are the possibilities and limitations of this dialogue? We will explore these questions by examining a variety of case studies in both the public and private international law realms. Illustrative cases may include the following: climate change and the environment, the death penalty and other human rights issues, domestic accountability for international crimes, transnational child custody, transnational speech and privacy. Emphasis will be placed primarily (but not exclusively) on domestic courts, both in the U.S. and elsewhere. We will "let the judges speak for themselves" through close readings of judicial opinions, and will use these original sources to illuminate current scholarly debates. Grades will be based on written work, which will include a combination of weekly reaction papers and a ten- to fifteen-page final paper, plus class participation.
Credit 3 units.
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W76 LAW 867S Topics in Global Monetary and Fiscal Law Seminar
Enrollment limit: 16. Drop deadline: 5:00 pm the day after the first class meeting. This seminar will explore advanced topics in global monetary and fiscal law and policy. Some of the topics that will be addressed include: 1) central bank digital currencies, 2) digital taxation and global digital public goods, 3) taxation and development, 4) role of multinational institutions in monetary and fiscal policy, and 5) global carbon taxes. The grade in the seminar will be based primarily on a research paper of 25-30 pages, the quality of which should be comparable to a law review article. Each student will develop a paper topic based on assigned readings, class discussions, and consultation with the instructor. General areas of potential research include, but are not limited to, any of the topics mentioned above. (This seminar is not graded anonymously because the professor works with students on their papers throughout the semester.) 3 units.
Credit 3 units.
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W76 LAW 868S Feminist Legal Theory Seminar
In 1983, Catharine MacKinnon wrote "Feminism has no theory of the state. It has a theory of power." In this seminar, we explore how feminists have theorized the state, the law, and power. Is it worth turning to the state to produce change from a feminist perspective? What should that engagement with the state look like? What are its costs? We will read canonical feminist texts closely to study how various strands of feminism have answered these questions. We will examine how these various answers apply to fundamental debates within feminism including the regulation of public representations of sex, sexual violence, sexual harassment in the workplace, and the market. The seminar also surveys how the different feminist theorizations of law apply to contemporary controversies such as digital abuse, the move toward affirmative consent, polyamory, and trans athletes. This seminar reads the feminist legal theory canon from a critical perspective. Students are, of course, welcome and encouraged to adopt and play with other stances. Unless special accommodations apply, students may not use laptops in class. Final grades will be based on class participation, very short response papers, and a longer final paper.
Credit 3 units.
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W76 LAW 872S Law & Economics Colloquium Seminar
The Law & Economics Colloquium offers students a unique opportunity to engage with cutting-edge legal scholarship. Over the course of the semester, we will discuss seven new working papers by leading legal scholars. The papers will cover a range of legal topics and empirical and theoretical approaches. For each paper, our discussion will take place over two weeks. During the first session, we will discuss the paper and relevant background literature, including a discussion of methods and purpose of the research enterprise. These sessions are guided by the instructors and a group of students who present and critique the paper's questions, methods, and conclusions. During the second session, the author will visit our class to present and respond to questions about the paper. Students are expected to be active participants in these discussions, which will be joined by other law faculty and members of the WashU community. Grades are based on (1) a series of response papers which will be reviewed and commented on for persuasiveness, organization, and clarity of the writing, (2) an in-class presentation, and (3) participation in discussions. No background in economics or statistics is required or expected. 3 units.
Credit 3 units.
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Law
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W77 LAW 501H Contracts
This course explores the enforceability and interpretation of binding promises that we call "contracts," the remedies for breach of contract, and the justifications that preclude contract performance, such as fraud, mistake and unconscionability. The basic question addressed is this: which promises can (and should) be enforced through legal sanctions?
Credit 3 units.
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W77 LAW 520A Constitutional Law
This course is open to LLM, MLS and exchange students only. This course provides a general overview of the history, fundamental principles, and traditional interpretive approaches to American constitutional law. This course surveys several broad areas of constitutional law introducing students to important concepts across several disciplines. Key topics include separation of powers, federalism, equal protection, due process, freedom of speech, and freedom of religion.
Credit 3 units.
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W77 LAW 538 Corporations
[This course is for LLM, MLS and exchange students only.] This course surveys corporations' formation and management; relations among shareholders, officers, and directors; the impact of federal legislation on directors' duties; and the special problems of closed corporations. Covered subjects include principles of incorporation of an enterprise and the agency problems associated with the corporation, as well as management and control of the corporation, actions of directors and officers, and generally, the distribution of powers within the corporate structure. A major part of this course is devoted to the analysis of legal controls relating to, among others, the role of management in particular contexts, such as executive compensation and changes in corporate control, including the permissible scope of anti-takeover devices, hedge fund activism, and shareholder remedies.
Credit 3 units.
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W77 LAW 564V Legal Profession
[This course is open to LLM and MLS students only.] The goal of this course is to understand the ethical dilemmas practicing lawyers face and to bridge the cultural gap faced by foreign-trained lawyers in understanding the U.S. legal profession's values of providing competent legal representation and promoting justice and fairness. The course will examine the nature and types of lawyer regulation, attorney-client relationships, confidentiality rules, conflicts of interest, duties to courts, adversaries and third parties, client solicitation and billing, and access to legal services. The course will primarily address the ABA Model Rules of Professional Conduct but also consider ethical duties under common law and other sources of authority. The course will be taught through pre-recorded lectures on each chapter and in-person classes consisting of problem analysis and discussion. This 3-credit course has 2 hours of in-person class time and 1 hour of asynchronous lectures per week. Regular class attendance and viewing of the asynchronous lectures prior to class are required. Grades will be based on a series of graded quizzes and a limited open-book final exam (students may only use their copy of the ABA Model Rules of Professional Conduct). 3 units
Credit 3 units.
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W77 LAW 596S Global Studies Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W77 LAW 600S Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W77 LAW 628A Practical Strategies and Drafting in Estate Planning
This course will focus on practical estate planning and drafting techniques, and the basics of the federal transfer tax system (gift, estate, and generation-skipping taxes). Courses in estate and gift taxation and trusts and estates provide a good background for students interested in this practical course. The planning portion of this course will be taught from instructor-generated outlines, which cover the basics of estate planning, as well as commonly used estate planning techniques, including marital deduction planning, charitable planning, insurance planning, and advanced trust planning. The drafting portion of this course will focus on basic client estate planning skills, common drafting techniques, and problems and suggested solutions. Students will participate in the design and computerized drafting of the various legal documents used in the typical estate planning process. Class time will be devoted to a discussion of the planning techniques. The grade for the course will be based primarily on a final examination, which focuses on the planning concepts discussed in class; and a portion of the grade may be based on student participation and class meetings. Attendance is expected, the examination will cover what is discussed in class. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA. Please note that a course on estate and gift taxation is a prerequisite for J.D. student enrollment.]
Credit 2 units.
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W77 LAW 629 Practical Skills Training in Estate and Wealth Planning
This course will review various practical wealth management skills and strategies used by estate planning lawyers performing estate and closely-held business planning, succession planning for business owners, or traditional income tax planning. This course explores wealth accumulation planning techniques and tools used by lawyers involved with wealth planning. In addition to an overview of the estate and taxation structure, this course is intended to cover basic financial concepts, including financial investing, property and income taxation, home and real property ownership issues, life and disability insurance, retirement planning, elder law and debtor-creditor transactions as they deal with individual and family wealth. This course is suggested to be taken prior to the Practical Strategies and Drafting in Estate Planning course that is offered in the Spring semester. Students must have either taken (or concurrently be taking) Federal Income Taxation or Trusts and Estates. Having taken Estate and Gift Taxation will also be beneficial. This course will have an attendance policy. Students are allowed no more than two unexcused absences. Failure to comply with this policy will result in failure of the course. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 2 units.
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W77 LAW 696S Global Studies Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law. For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W77 LAW 700D Accounting for Tax Lawyers
This course is designed to introduce the basic concepts of tax accounting and financial disclosure to tax lawyers with little to no prior exposure to accounting. Emphasis will be on the contents of standard financial statements and accounting dialect (debit and credit). The course will examine the legal consequences of accounting decisions and the lawyer's role in financial statement analysis. The final part of the course will focus on applying tax accounting concepts in the legal setting, including responding to auditor inquiries, asset valuation issues, and corporate equity issues. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.] See Registrar/Forms: Permission for a Non-LL.M. Tax Student to Take Graduate Tax Course.
Credit 3 units.
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W77 LAW 700S Law Review
Interested students must compete in a writing competition at the end of the first-year of law school to be eligible for selection to one of the publications. (Transfer students are given the opportunity to compete just prior to the start of their first fall semester at Washington University School of Law). See http://law.wustl.edu/Publications/index.asp?ID=839 for more information on the writing competition (for all four publications). For those who make one of the publications, after successful completion of both fall and spring semesters, second-year students receive credit for fall and spring (1 credit posted to the fall semester and 1 credit posted to the spring semester). Third year students receive (1) credit for fall at the end of the fall semester and (1) credit for spring at the end of the spring semester. Students are registered for their publication by the Registrar's Office.
Credit 1 unit.
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W77 LAW 702A Tax Considerations in Choice of Legal Entity
This class starts promptly at the time indicated (not at 8 minutes after the hour). Students who have taken Tax Planning for Real Estate Investments: Select Issues, W77-723B, are not eligible to take this class.] An introduction to the federal partnership (LLC), C corporation, and S corporation tax regimes. Emphasis will be placed upon the most significant differences between the tax treatment of the three entities and under what circumstances one of the choices may be favored over the others. Having taken the courses on corporate tax and partnership tax, or taking them concurrently with this course, is helpful but not mandatory. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA. See Registrar/Forms: Permission for a Non-LL.M. Student to Take Graduate Tax Course.]
Credit 1 unit.
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W77 LAW 704B Federal Tax Procedure
This course will examine the administrative and judicial procedures for resolving federal tax disputes. Covered topics will include: Organization of the Internal Revenue Service, legal and ethical responsibilities of tax practitioners, administrative appeals procedures, Tax Court litigation, civil penalties, statutes of limitation, and collection procedures. [Any Non-Tax LL.M. Student interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.] See Registrar/Forms: Permission for a Non-LL.M. Tax Student to Take Graduate Law Course.
Credit 3 units.
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W77 LAW 707C Introduction to Tax Credits and Development Incentives
Students are encouraged to have taken Federal Income Taxation or Partnership Taxation as a prerequisite. The course will provide an overview of what tax credits and development incentives are and how they work, including an analysis of tax issues relating to the various credits and incentives (review of cancellation of debt, general mention of choice of entity and partnership allocation issues, true debt and lease classification). In addition, students will be provided with a basic introduction to Federal Historic Tax Credits, Federal New Markets Tax Credits, Federal Low-Income Housing Tax Credits and an overview of Missouri tax credits and economic development incentives. [Any Non-Tax LL.M. students interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 1 unit.
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W77 LAW 708B Tax Fraud Investigations and Prosecutions
This course will examine how criminal tax fraud cases are investigated and prosecuted. Topics covered include a general survey of the Title 26 and Title 18 criminal statutes related to tax fraud, how to deal with revenue and special agents during the audit or investigation, IRS procedures involving evidence gathering, IRS and Department of Justice review of tax fraud cases, grand jury procedures, methods of proof and trial procedures, sentencing guidelines, civil considerations involved in the criminal case, money laundering, currency violations, and handling of cases involving foreign bank accounts. [JD students interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.]
Credit 3 units.
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W77 LAW 709B Research & Writing in Tax Seminar (KAM)
In 2001, Congress passed and the President signed the Economic Growth and Tax Relief reconciliation Act of 2001, which is viewed by many as the largest tax cut to be enacted since 1981. This course will meet once a week for the first three weeks of the semester to survey some of the significant elements of the Act as they pertain to the Federal Estate, Gift and Generation-Skipping Transfer Taxes, and to discuss some of the general principles of tax policy. Each student will then be required to select a paper topic based on some portion of the Act (the paper need not be related to the Federal transfer taxes), research the topic, prepare a draft paper on the topic and a final paper on the topic which is at least 30 pages in length.
Credit variable, maximum 3 units.
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W77 LAW 721A Closely-held Business & Succession Planning
This class will deal with all aspects of planning related to closely-held businesses with an emphasis on succession planning. Topics covered will include transition of the business, funding of the transition with life insurance or other devices, split-dollar insurance, buy-sell agreements, estate tax issues, shareholder disputes, valuation and conflicts of interest. The succession planning will include various techniques including recapitalizations, voting trusts, equalization for non-active family members, qualified subchapter S trusts and electing small business trusts. The estate tax portion will include specific devices such as family limited partnerships, grantor retained annuity trusts, sales to defective grantor trusts, and 6166 elections. The course will emphasize the use of case studies to illustrate the various techniques and issues. [JD students interested in taking this course must receive special permission, and will receive a letter grade which will not calculate into their JD GPA.] 3 credits.
Credit 3 units.
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W77 LAW 729A Introduction to U.S. Law and Methods I
[Enrollment open only to LLM students who earned their first law degree outside the US and exchange students; visiting scholars, international judges, and JSD students may audit.] This is the first in a sequence of two courses designed to introduce distinctive aspects of the U.S. legal system. Rather than mastery of legal doctrine, the goal is to learn how law is made, found and enforced in the U.S. The objective is to learn partially by assuming the role of a U.S. lawyer resolving problems related to, but significantly distinct from, case precedent. Methods instruction also covers the mixed system of code based and common law, the judiciary and judicial system, the Supreme Court and the Constitution, and effective formats, citation and style for written communication with U.S. educated lawyers. In written comments and personal conferences as well as in class discussion, professors emphasize prediction of probable court holdings through analysis and synthesis of judicial decisions and statutes as well as the use of fact argument and analogical reasoning. Instruction in the research process includes how to locate, update and evaluate varied sources of U.S. and international law. The research classes and homework prepare students for the final, open-research problem, on which the course grade is primarily based. Students meet 3 hours per week with Profs Greenhaw and Koby for methods/writing classes and 1 hour per week (for 8 weeks) with Prof. Luo. [Students are pre-registered for either Research Lab A or Research Lab B; students who have other course conflicts with their section assignment may request to be switched to the other section, space permitting.] Final grading is based on revised drafts previously discussed with the professors and therefore is not anonymous.
Credit 3 units.
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W77 LAW 729B Intro to U.S. Law & Methods II
[Enrollment open only to international LLM and exchange students; visiting scholars, international judges, and JSD students may audit.] Course description TBA. 1 unit.
Credit 1 unit.
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W77 LAW 729C Foundations of Law
This 1 unit January Intersession course is a mandatory course for exchange students and for international LL.M. students who are beginning their studies at WU Law in the Spring semester. J.S.D. students and visiting scholars may be eligible to participate in the program with the instructor's permission. This course will focus on producing a written research memorandum and a client letter in a case involving a corporate setting. Students will progress through the various stages of composing a client memorandum and learn how to apply U.S. legal reasoning and writing principles. Oral presentation of related research activities and a group presentation of the legal analysis will complement the written assignments. There will be at least two 20 minute meetings scheduled for each student to discuss their writing and oral presentation with the instructor. The final grade on this course will be based on the written research memorandum, client letter, and oral presentation (class attendance, preparation, and participation may be taken into consideration) as well as a final exam that will consist of composing a brief legal memorandum on one of the issues discussed in class. The final exam will be given as a take-home exam distributed via MyLaw on Friday, Jan. 10 and is due by 8:00am on Tuesday, Jan. 14, via MyLaw. Students taking this course will be registered by the Law School Registrar's Office.
Credit 1 unit.
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W77 LAW 730C Fundamentals of Legal Process
[Enrollment open only to international LLM and exchange students; visiting scholars, international judges and JSD students may audit.] This course is designed to introduce LLM students to US civil procedure. The course will be run using the Socratic method. Students are expected to participate in class discussions and will be called on at random. In addition to learning principles behind these areas of law, the course will provide instruction in "how to succeed" in a US law school class. 1 unit.
Credit 1 unit.
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W77 LAW 732A Intensive Legal English Writing and Reading I
This course is the first in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's office. This course is designed to cover Legal English writing and reading, including case briefing, memo writing, and composing other legal writing for law classes, such as notes and outlines. This course is aimed at reinforcing reading and writing skills for law school studies as well as for professional client communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
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W77 LAW 732B Intensive Legal English Writing & Reading II
This course is the second in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's office. This course is designed to cover Legal English writing and reading, including case briefing, memo writing, and composing other legal writing for law classes, such as notes and outlines. This course is aimed at reinforcing reading and writing skills for law school studies as well as for professional client communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
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W77 LAW 732C Intensive Legal English Reading/Writing Skills
This course is designed for non-native English speakers who will enter the LL.M. program at Washington University School of Law in the Fall. The goal of this course is to ground students in the reading and writing skills used to study law in the United States, and thus prepare them for the challenging environment of Washington University School of Law. Students who succeed in this course will achieve the following learning outcomes: develop skills needed to be able to effectively and efficiently read, understand, and summarize legal cases; learn how to synthesize legal cases and apply the law to new cases; write a clear legal argument that appropriately cites sources; learn and appropriately use grammatical structures most common in legal writing; master legal vocabulary required for this course and learn strategies for continuing legal vocabulary acquisition.
Credit 3 units.
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W77 LAW 734A Intensive Legal English Communication Skills I
This course is the first in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's Office. This course is designed to cover Legal English communication, including classroom participation, note-taking, client interview, moot courting. This course is aimed at strengthening speaking and listening skills that are vital for successful participation in the law classroom and in professional legal communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
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W77 LAW 734B Intensive Legal English Communication Skills II
This course is the second in a sequence of two courses required for the Two-Year Master of Laws (LLM) for Foreign Lawyers, and is open only to students in that program. Students are registered for this course by the Registrar's Office. This course is designed to cover Legal English communication, including classroom participation, note-taking, client interview, moot courting. This course is aimed at strengthening speaking and listening skills that are vital for successful participation in the law classroom and in professional legal communication. This class is graded on a Pass/Fail basis. After successful completion, students will receive CR for 5 units, but these units will not count toward the cumulative earned units for this degree program.
Credit 5 units.
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W77 LAW 734C Intensive Legal English Listening/Speaking Skills
This course is designed for non-native English speakers who will enter the LL.M. program at the Washington University School of Law in the Fall. Emphasis will be placed on building students' listening and speaking skills for academic purposes in the context of the study of law in the United States. Students who succeed in this course will achieve the following learning outcomes: improve their ability to understand lectures and discussions about law-related topics; learn how to effectively and efficiently take notes during a law lecture; improve their ability to speak fluently and intelligibly about law-related topics; build the skills needed to perform well in client interviews, debates, negotiations, and oral arguments; learn a wide range of legal vocabulary and strategies for continuing legal vocabulary acquisition; and gain a better understanding of American culture, particularly related to law school and legal practice in the United States.
Credit 3 units.
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W77 LAW 806 Advanced Legal Writing (LLM Only)
NOTE: This course is only open to LLM and MLS students at the law school. As described below, students will be required to draft a significant number of written assignments in a very short time frame during this advanced legal writing course. As a result, a strong foundation in written English is highly recommended for students taking this course. Description: The purpose of this course is to provide students with exposure to and practice in various types of legal writing and legal drafting they will likely encounter in practice, including adversarial writing, non-adversarial factual writing, and opinion writing. Class time will be spent developing skills pertinent to each area of writing and participating in workshop activities that will prepare students for their writing assignments. Grades for this course will be based on weekly writing assignments. There will not be a final exam. 2 units.
Credit 2 units.
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Law
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Law
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W79 LAW 500 Supervised Moot Court
A student may receive one credit for participation in an external moot court competition through Supervised Moot Court. In order to receive credit, a student must secure a full-time faculty member as an advisor, prepare an appellate brief of passing quality (minimum 10 pages per student), present a minimum of two oral arguments of passing quality, and attend two mandatory seminar sessions on appellate brief writing and appellate argument. Supervised Moot Court is graded on a credit/no credit basis and does not fulfill the research and writing requirement. Approval forms are found at http://law.wustl.edu/Registrar/index.asp?id=2131. The full-time faculty member who reviews the brief and critiques the preparation for oral argument is limited to supervising no more than six JD students per year in Supervised Research, Supervised Practicum, or Supervised Moot Court. [Students should keep in mind the limitations regarding credit toward their degree for competition work (as a participant or board member): 1) a maximum of 4 total credits from competitions; 2) only one competition per semester.] Interested students are expected to read Faculty Rule G (7), found at http://www.law.wustl.edu/students/documents/facultyrules0910.pdf.. [Note for JD students: these credits count toward the 19 maximum credits a J.D. student can take in non-law classes and law classes without a classroom component (for students graduating with exactly 86 units).] 1 unit.
Credit 1 unit.
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Law Online
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W80 OLAW 5000 Online Law Course Work
This is a variable unit course intended to reflect the units of enrollment in OLaw-Summer session courses under the YR2017 term in SIS.
Credit variable, maximum 9 units.
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