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 School of Law 2000-2002 Academic Bulletin |
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Courses
First-Year Courses
Contracts I-II (B501-B502) This course focuses on the substantive and remedial aspects of agreements, including formation; rights and responsibilities of parties; and legal and equitable remedies in cases of breach or nonperformance. (3 cr., 2 cr.) Fall, spring semester. Bethel, Boshkoff, Gjerdingen
Torts (B531) This course introduces civil remedies for intentional and unintentional wrongs, including physical and psychic injuries to persons and damage to property; and distribution of the burdens of risk and loss in modern society. (5 cr.) Fall semester. Brown, Dworkin, Gjerdingen, Heidt
Criminal Law (B511) This course studies the purpose and limitations of criminal sanctions as behavioral controls; peno-correctional theories; disposition of convicted persons; analysis of basic principles and doctrines of criminal law and their relation to substantive offenses; and administration of criminal justice. (4 cr.) Fall semester. Bradley, Hoffmann
Civil Procedure I-II (B533-B534) This course studies the devices within the legal system for the resolution of civil disputes, including jurisdiction of courts over persons, property, and subject matter; functions of pleadings, pretrial motions, and discovery; appeals, revision, and vacation of judgments; collateral attack on judgments; res judicata; and organization of the court system. (3 cr., 3 cr.) Fall, spring semester. Robel, Shreve
Constitutional Law I (B513) This course is a study of a limited number of problems selected to illustrate legal techniques for describing, analyzing, and influencing the process by which courts, especially the U.S. Supreme Court, resolve disputes concerning governmental power. (5 cr.) Spring semester. Baude, Conkle, Johnsen, Scanlan, D. Williams
Property (B521) This course explores the legally protected uses and types of permissible exploitation of wealth, i.e., rights in things and land. (4 cr.) Spring semester. Gellis, Stake, S. Williams
Legal Research and Writing (B542-B543) Through small-group instruction, this course introduces the techniques of legal research and writing. (1 cr., 1 cr.) Fall, spring semester. Crosson, Daghe, Goodman, Lahn
Corporations (B653) This course is an introduction to business organizations, including the structure and characteristics of closely held and publicly held corporations; the promotion and formation of corporations; the distribution and balance of power among shareholders, directors, and officers; and the limitations on their power by state fiduciary duties and federal securities laws. (3-4 cr.) Gellis, Hicks
Securities Regulation I (B727) This course is a comprehensive, intensive study of the Securities Act of 1933 and state statutes controlling the offer and sale of investment securities, including the definition of a security, process of underwriting and registration, exempted securities and exempted transactions, liabilities of participants, and private causes of action. Special attention is given to the philosophy of "full disclosure" as applied to the financing of small business enterprises. (3 cr.) Buxbaum, Hicks
Securities Regulation II (B648) This course explores issues arising under the Securities Exchange Act of 1934, including restrictions against trading on inside information, rules concerning dissemination by corporations of information relating to themselves, use of the federal securities laws as a substitute for corporate mismanagement actions under state corporation laws, the impact of the federal securities laws on mergers and acquisitions, and rules concerning market manipulation and broker dealers. (3 cr.) Buxbaum, Hicks
Corporate Finance (B656) This advanced course in corporate law studies enterprise and securities valuation, rights of bondholders and preferred stockholders, capital structure and leverage, dividends and retained earnings, and mergers and acquisitions. (3 cr.) Hicks
International Securities Regulation (B666) This course explores U.S. and foreign law on disclosure obligation, securities offerings, broker-dealer regulation, and civil liabilities and insider trading. It also introduces students to developments in transnational business transactions and integrated capital markets. (3 cr.) Hicks
Insurance Law (B717) This course is concerned with the legal problems that arise between insurance companies and their customers, concentrating on those situations in which insurance companies refuse to pay claims. Coverage includes the company's duty of good faith and fair dealing, misrepresentations and breaches of policy conditions by the insured, insurance contract interpretation, the requirement of an insurable interest, payment of proceeds among several claimants, and scope of insurance coverage. (2 cr.) Heidt, Tanford
Antitrust Law (B729) This course considers the Sherman Act, the Clayton Act, and the Federal Trade Commission Act; their judicial and administrative construction; and underlying policies. It examines legal and economic concepts of monopoly and monopolization; collaboration among competitors to fix prices, regulate competition, create joint ventures, set the terms of dealing with others, or exchange patent licenses; vertical restraints including resale price maintenance, exclusive distributorships, territorial and customer limitations, andtying and exclusive dealing arrangements; horizontal, vertical, and conglomerate mergers; and price discrimination. (3-4 cr.) Dau-Schmidt, Heidt
International Business Transactions (B735) This course provides an introduction to the primary areas of law important in handling legal problems across international boundaries. Topics studied include the Convention on the International Sale of Goods, choice of law, trade terms, arbitration, and the General Agreement on Tariffs and Trades (GATT); U.S. antiboycott, countervailing duty, and antidumping laws; U.S. tariff regulations; and intellectual property protection. (3 cr.) Buxbaum, Fidler
Regulated Industries—Banking Law (B612) This course introduces the regulatory system applicable to the banking industry in the United States at both the federal and state levels. It also focuses on the most pertinent legal developments in banking and financial services that occurred in the period immediately preceding and during the course. The basic elements of the course include the history of bank regulation in the United States and elsewhere, chartering federal and state depository institutions, regulation of "financial holding companies" and "bank holding companies" by the federal bank regulatory agencies and the Securities & Exchange Commission, the insurance and securities activities of banks and their affiliates, and limited coverage of issues such as consumer protection, data-sharing, and privacy, and the international activities of banks and other financial services businesses. (3 cr.) Hughes
Commercial Transactions (B624) This course is designed to introduce students to Article 2 (Sales) and Article 9 (Secured Transactions). A condensed version of two three-credit courses, it focuses on the basic concepts of planning, executing, and enforcing sales transactions and security interests in personal property. (4 cr.) Hughes
Negotiable Instruments (B623) This course involves the business and consumer transactions that give rise to negotiable instruments used for payment and for credit and emphasizes the Uniform Commercial Code's coverage of checks, bills, notes, bonds, certificates of deposit, and the bank collection process. (3 cr.) Hughes
Sales (B670) This course is concerned with the legal problems arising from the sale of goods: sellers' and buyers' essential rights and duties, remedies and damages, and risk of loss. Topics are studied through an intensive analysis of Article 2 of the Uniform Commercial Code. (2-3 cr.) Hughes
Secured Transactions (B672) This course focuses on the applicability of Article 9 of the Uniform Commercial Code, which applies to the creation of security interests in personal property, to a particular transaction: whether an enforceable security interest has been created and perfected, whether the secured creditor enjoys priority over competing third parties such as bona fide purchasers of the collateral, and what the rights are of the secured creditor and debtor when there has been a default. (2-3 cr.) Buxbaum, Hughes
Bankruptcy (B725) This course focuses on business bankruptcy (fall semester) and individual (consumer) bankruptcy (spring semester). Knowledge of Uniform Commercial Code Article 9 rules relating to perfection of security interests and the nature of a lien is desirable for enrollment in this course. (3 cr.) Boshkoff
Advanced Bankruptcy (B631) Through negotiation exercises and problem simulations, this course allows students to apply their knowledge of bankruptcy and related fields in something approximating a real-world setting. Students, individually or in groups, represent parties to a bankruptcy case or in a pre-bankruptcy setting. (3 cr.)
International Trade (B759) This course surveys legal issuesin the regulation of international trade in goods and services. The main focus of the course is the international legal framework provided by the GATT/WTO Agreement and the corresponding U.S. trade laws. Regional agreements, particularly the European Union and North American Free Trade Act, form a major part of the course. (3 cr.) Fidler
Criminal Process I (B601) This course studies judicial efforts to define individual rights and to control police conduct in the investigation and prevention of crime. It focuses on the Fourth and Fifth Amendments. The course examines the police as an institution, search and seizure (including electronic eavesdropping and wiretapping), interrogation and confessions, lineups and identification, bail and preventive detention, tangential constitutional issues such as standing to object to police practices, the derivative evidence rule, harmless error, and retroactivity. (3 cr.) Bell, Bradley, Hoffmann
Criminal Process II (B602) This course focuses on pleading, adjudication, and corrections, including the charging decision, grand-jury proceedings, the preliminary hearing, arraignment and plea, pretrial discovery, trial, sentencing, double jeopardy, post-trial motions and appeals, post-conviction remedies, and the role of counsel. Its purpose is to introduce students to the constitutional and nonconstitutional rules of law that govern the adjudicatory processes in a criminal case. (3 cr.) Bradley, Hoffmann
Federal Criminal Law (B739) This course focuses on federal criminal prosecutions, such as those brought against inside stock traders and corrupt politicians. It begins with the basis for federal jurisdiction and the various arguments for limiting federal criminal authority. It then turns to specific federal statutes such as the Racketeer-Influenced and Corrupt Organizations (RICO) Act, the Travel Act, and mail and wire fraud statutes. (2 cr.) Bradley, Hoffmann
Seminar in Criminal Law (L776) (3 cr.) Bradley
Seminar in Death Penalty Law (L776) (2 cr.) Hoffmann
Seminar in Law and Psychology of Crime Culpability and Punishment (L748) (2 cr.) Hoffmann
Dispute Resolution, Ethics, Litigation, Clinical, and Skills Courses
The Legal Profession (B614) This course examines the idea of professionalism and the role of lawyers. The course draws upon the law of lawyering, the application of ethical principles to lawyers' work, and empirical studies of actual practice. The class emphasizes the study of specific problems likely to arise in the profession. Required. (2-3 cr.) Baude, Geyh, Orenstein
Evidence (B723) This course focuses on the proof of facts at the trial-court level. It is both a course in learning established rules of evidence and their application and an introduction to the adversary system of litigation. The course covers relevancy, competency, hearsay, privileges, exhibits, impeachment, trial objections, and judicial notice. (3-4 cr.) Orenstein, Tanford
Conflict of Laws (B745) This course studies the problems that arise when the activities of people, and the conventional legal relationships that result, touch diverse legal systems. Courts have developed concepts, rules, and principles for choosing which state's substantive law should apply, and the course considers the problems of choosing the appropriate forum to hear a case, the limits of jurisdiction, and the enforcement of judgments in other states. Many issues of choice of law and jurisdiction are studied as questions of constitutional federalism. (2-3 cr.) Shreve
Remedies (B603) This course is concerned with civil judicial remedies available for the vindication of rights and the redress of wrongs under substantive law. The principal areas of attention are the equitable remedies of injunction, interpleader, and receivership; the restitutionary remedies of constructive trust, equitable lien, subrogation, and quasi contract; and the statutory remedy of action for declaratory judgment. (2-3 cr.) Conrad
Expert and Scientific Evidence (B676) This course covers the law, tactics, and ethics of expert witnesses and the use of scientific evidence, especially social science. It is an advanced course for students with a particular interest in litigation. (3 cr.) Tanford
Trial Law and Procedure (B683) This is a course on the legal doctrines that regulate trial practice. It covers the legal issues affecting jury selection, opening statements, the introduction of evidence, closing argument, and deliberations. It examines how statutory, common, and constitutional law regulates the conduct of the trial participants—attorneys, witnesses, judge, and jurors—at each of these stages. (3 cr.) Tanford
Roles and Relations in the Practice of Law (B630) This course gives students insight into interpersonal phenomena in legal institutions, their own personal involvement as lawyers, and the handling of interpersonal phenomena in practice, such as in interviewing, counseling, and negotiations. (3 cr.) Greenebaum
Alternative Dispute Resolution (B629) Major segments of this course focus on arbitration and mediation; a concluding section of the course surveys variant forms, including "court annexed" forms of alternative dispute resolution. The course is a specialized procedure course, doing for arbitration and mediation what civil procedure and administrative law do for litigation and administration process. (3 cr.) Greenebaum
Strategies of Legal Writing (B684) Methods have been devised that reliably teach the art of clear, precise, and even graceful writing. This course undertakes to adapt those methods to the specific needs of students and practitioners of the law. (2 cr.) Hodges
Advanced Legal Writing (B791) This course focuses on the sorts of writing customarily done by lawyers in practice. Conducted as a writer's workshop, the course endeavors to assist students in the refinement of their legal writing skills through a series of writing assignments and group discussions of those assignments. (3 cr.) Scanlan
The Lawyering Process (B629) This course uses simulations to train students in pretrial procedure. The course integrates skills training with professional responsibility and selected areas of substantive law. (3 cr.) Tanford
Negotiations (B620) The goals of this course are to learn about negotiating theories and issues, including relevant aspects of interviewing and counseling clients; to be able to recognize and critically examine basic negotiating strategies; and to gain personal experience in the preparation, evaluation, and negotiation of selected legal problems.(2 cr.) Fromm
Mediation (B771) This course begins with an introduction to mediation, including Alternate Dispute Resolution overview, conflict and negotiation, and the lawyer as a mediator. It then turns to an overview of mediation skills (opening, problem setting, solution development, reading agreement) and intake (interviewing, screening, contracting). It also deals with preparation (conflict analysis, client preparation, strategy development), problem solving and caucusing, co-mediation, breaking impasse, and formalizing agreement. (3 cr.) Lahn
Labor and Employment Arbitration (B664) This course focuses on the administration of collective agreements after the bargaining relationship has been established. It examines private dispute resolution machinery, judicial enforcement of agreements to arbitrate, and the relationship between arbitration and other forums. Strikes, boycotts, and individual employee rights are also covered. (3 cr.) Bethel
Trial Process (B722) This introductory course in general trial practice covers witness interviewing, negotiation, use of evidence, jury selection, opening statements, direct and cross-examination, closing argument, and trial preparation. The course focuses on the problems associated with conducting ethical and persuasive trials within the legal and procedural framework. Students prepare and conduct some phase of the trial weekly; extensive use is made of videotape to enable students to review their own performances. (3 cr.) Bethel, Kellams, Tanford
Advanced Trial Process (B720) This course provides students with the opportunity to work with either a civil or criminal case and concentrate on methods of preparation, anticipation of procedural and evidentiary issues, the effects of court rules of trial procedure, rehearsal techniques, and the trial. Students are required to conduct the trial at least twice, critiquing and improving upon their work in the first trial. (2 cr.) Tanford
Child Advocacy Clinic (B691) This clinic trains second- and third-year law students to represent the best interests of children in custody, guardianship, and termination of parental rights cases. Training focuses on basic legal skills (interviewing, motion practice, discovery, negotiation, and litigation) and relevant social science information (child development, family systems, parental conflict, mental illness, and addiction). (3 cr.) Schrems
Community Legal Clinic (B688) This is an in-school law office in which third-year students have an opportunity to develop practice skills by representing clients under the Indiana Student Practice Rule. Students are introduced to client interviewing and counseling, fact investigation, drafting, negotiating, trial techniques, and preparing for and conducting trials or administrative hearings. (3 cr.) Singleton
Federal Courts Clinic (B698) This clinic allows students to spend one day a week working in the chambers of federal judges or U.S. magistrates in Indianapolis. The students participate in the drafting of opinions, do legal research, help prepare jury instructions, and screen motions in order to advise the judge. Their work is supervised by the judge's senior law clerk, reviewed by the faculty member supervising the clinic, and directed by the judge. (2 cr.) Robel
Independent Clinical Project (B710) This course permits students to arrange a supervised clinical project under the direction of a faculty member. Examples of projects are working with the U.S. Attorney General, State Attorney General's Office, Department of Environmental Management, Public Defender's Office, Prosecutor's Office, City Attorney's Office, and various judges. (1-4 cr.)
Seminar in International Litigation and Arbitration (L739) (2-3 cr.) Buxbaum
Introduction to Environmental Law (B782) This survey course introduces students to structures of environmental law and to the intellectual tools needed by effective environmental lawyers. Statutes covered include the Clean Air Act, Clean Water Act, NEPA, Superfund (CERCLA), and RCRA, among others. The course also includes material on economic analysis of law, regulatory theory, rights of nature, valuation of lives, and risk assessment. (3 cr.) Applegate, Fischman
Public Natural Resources Law (B675) This course examines the tension between public control of and private interests in natural resources. The course addresses the development of legal doctrines and the patterns of resource ownership; federalism in resource regulation; proprietary management models; separation of powers; judicial review; and public participation. The course considers these issues in the context of the laws and policies governing mineral, timber, range, recreation, wildlife, and preservation resources. (2-3 cr.) Fischman
Regulation of Toxic Substances and Hazardous Wastes (B763) This course covers the environmental laws that regulate toxic substances, that is, chemicals and wastes, which have long-term deleterious health effects even at very low levels of exposure. It includes the basic science of toxic substances and their effects, and the fundamentals of risk-based regulation. It examines the various approaches to toxics regulation that are found in statutes whose primary target is conventional pollutants, and the emerging trends in toxics regulation. (3 cr.) Applegate
Toxic and Hazardous Substance Control (B704) This advanced course considers the regulation of risk in the modern regulatory state and the corresponding ethical and jurisprudential problems-such as the valuation of lives, the distribution of risk in society, and the eclipsing of common law thought-that it raises for lawyers and the law. The course surveys the treatment of hazardous and toxic substances under a variety of federal statutes, with special emphasis on CERCLA (Superfund) and RCRA. (3 cr.) Applegate
Water Law (B768) This course examines the legal control of water resources, focusing on water's special status as partially public and partially private property. Topics include riparian water rights, prior appropriation, the historical evolution of water rights, federal water rights, and groundwater use. (3 cr.) Fischman
International Environmental Law (B783) This is a survey course of international law relating to the protection of the environment: the evolution and sources of international environmental law and specific environmental protection issues, such as transboundary pollution, trade in hazardous waste, biodiversity, and global commons. (3 cr.) Applegate, Fidler
Seminar in Advanced Environmental Law (L740) (2-3 cr.) Fischman
Seminar in Environmental Justice (L740) (3 cr.) Applegate
Seminar in Environmental Issues in Business Transactions (B952) (2 cr.) Spaulding
Law and Medicine (B619) This course explores legal problems in the practice of medicine, including quality control, the allocation of roles and authority in health care, problems posed by the law's dependence for information on the very groups it seeks to regulate, and medicine as a regulated industry. Topics include the definition of medical practice, medical licensure, and discipline; the physician-patient relationship; and the role of the hospital and government in health care delivery, public health regulation, and professional liability. (3 cr.) Dworkin
Law and Biomedical Advance (B661) This course uses recent developments in medicine, biology, and biotechnology to study the response of the law and other institutions to rapid social and scientific change. Substantive tools to examine response to change include techniques of family planning (ranging from contraception to asexual reproduction), population control and genetic engineering, genetic counseling and screening, allocation of scarce medical resources, organ transplantation, death determination, cessation of medical care, cryogenics, human subjects experimentation, biohazards, behavior control, and research financing. (3 cr.) Dworkin
AIDS and the Law (B753) This course examines several of the areas of law in which issues concerning HIV and AIDS have arisen, covering the medical and social history of the disease in order to place the legal issues in context. The course also considers specific legal problems in the following areas: the medical system (including treatment issues, insurance coverage, and HIV testing and regulation of health care workers), the criminal justice system, the tort system, employment, and education. (3 cr.) S. Williams
Seminar in Law and Medicine (L761) (2 cr.) Dworkin
Seminar in Law and Biomedical Advance (L746) (2 cr.) Dworkin
Seminar in Law, Science, and Technology (L693) (3 cr.) Cripps
Seminar in International Law: Global Public Health (L698) (2 cr.) Fidler
Seminar in Intellectual Property and Biotechnology (L655) (3 cr.) Cripps
Seminar in AIDS and the Law (L720) (3 cr.) S. Williams
Communications, Information, and Intellectual Property Law
Electronic Communications Law (B646) This course examines the constitutional and regulatory issues uniquely applicable to electronic media (e.g., broadcast, cable, and other new communications technologies). (4 cr.) Cate
International Communications Law (B779) This course addresses a broad variety of issues concerning the legal regulation of communications and information by international organizations and by other countries. (2 cr.) Cate
Communication Torts (B716) While the basic torts course concerns primarily physical injuries to persons or property, this course is about nonphysical injuries, especially injuries to reputation. Excursions into invasions of privacy and intentional infliction of emotional distress comprise the balance of the course. (2 cr.) Dworkin
Press Law (B789) This course examines issues dealing specifically with the activities of the press, including investigative reporting, confidential sources, access to government information, and harms caused by press reports. (2 cr.) Cate
Information Privacy Law (B709) This course focuses on federal and state regulation of information privacy in a wide variety of settings, such as banking, employment, credit reporting, and education. (2 cr.) Cate
Internet Law (B792) This course examines a wide variety of legal and policy issues raised by the Internet—the world's most ubiquitous and fastest growing medium. The range of topics covered includes ownership of and liability for Internet content, the structure and governance of the Internet, access to the Internet, privacy and anonymity, international and domestic jurisdictional issues, and government oversight of the Internet. (3cr.) Cate
Intellectual Property Survey (B751) This course surveys copyright, trademark, and patent law, and examines a wide range of current issues in intellectual property, especially those posed by new technologies. (3 cr.) Leaffer
Copyright Law (B662) This course focuses on federal copyright law and current issues such as the role of international agreements, impact of new technologies, and alternative protection for creative expression. (3 cr.) Cate, Leaffer
Patent Law (B743) This course studies United States Code Title 35 and provides an understanding of the kinds of intellectual property protected by patents, the nature and duration of protection provided by patents, and the relative merits and relationship to trade secret and copyright protection with some attention to patent protection in foreign countries. (2 cr.) Leaffer
Trademark and Unfair Competition Law (B758) This course covers basic issues pertaining to federal Lanham Act and state trademark and unfair competition law. Trademark registration, common law creation of rights, infringement issues including likelihood of confusion, and available provisional, injunctive, and monetary remedies are covered. The course also addresses related issues pertaining to trade dress, rights of publicity, and trade secrets. (2 cr.) Leaffer
International Intellectual Property (B751) This course examines the international aspects of patent, trademark, and copyright law, particularly in light of new digital technologies. (2 cr.) Leaffer
Constitutional Law II (B668) This course extends the coverage of Constitutional Law I and focuses on issues arising under the First Amendment. (2 cr.) Bradley, Conkle, Johnsen, S. Williams
Seminar in Communications Law (L716) (2 cr.) Cate
Seminar in Intellectual Property Law (L730) (2-3 cr.) Leaffer
Seminar in International Telecommunications Law (L771) (2 cr.) Cate, Delbrück
Seminar in Intellectual Property and Biotechnology (L655) (3 cr.) Cripps
Seminar in Patent Law (L637) (3 cr.) Cripps
International and Comparative Law, and Globalization
International Law (B665) This course is the basic introductory survey course on public international law. It covers the nature of international law, how international law is made, key ingredients in the international legal system (states, nationality, jurisdiction, treaties, etc.), international law in U.S. courts, and specific substantive areas of international law (e.g., human rights, international environmental law, law of the sea, use of force). If time permits, the course also looks at emerging issues and problems in international law caused by the processes of globalization. There are no prerequisites for this course. Evaluation is on the basis of a final essay examination. (2-3 cr.) Fidler
International Trade (B759) This course surveys legal issues in the regulation of international trade in goods and services. The main focus of the course is the international legal framework provided by the GATT/WTO Agreement and the corresponding U.S. trade laws. Regional agreements, particularly the European Union and North American Free Trade Act, form a major part of the course. (3 cr.) Fidler
International Business Transactions (B735) This course provides an introduction to the primary areas of law important in handling legal problems across international boundaries. Topics studied include the Convention on the International Sale of Goods, choice of law, trade terms, arbitration, the General Agreement on Tariffs and Trades (GATT); U.S. antiboycott, countervailing duty, and antidumping laws; U.S. tariff regulations; and intellectual property protection. (3 cr.) Buxbaum, Fidler
International Intellectual Property (B751) This course examines the international aspects of patent, trademark, and copyright law, particularly in light of new digital technologies. (2 cr.) Leaffer
International Communications Law (B779) This course addresses a broad variety of issues concerning the legal regulation of communications and information by international organizations and by other countries. (2 cr.) Cate
Law and International Relations (B776) This is a Perspectives course that introduces students to the discipline of international relations through the study of various legal contexts in international affairs. The course examines classical theories of international relations, academic approaches to international relations, four legal contexts of international relations (U.S. constitutional law, public international law, private international law, and transnational law), and new developments such as the right to democracy and globalization. (3 cr.) Fidler
International Securities Regulation (B666) This course explores U.S. and foreign law on disclosure obligation, securities offerings, broker-dealer regulation, and civil liabilities and insider trading. It also introduces students to developments in transnational business transactions and integrated capital markets. (3 cr.) Hicks
International Environmental Law (B783) This is a survey course of international law relating to the protection of the environment: the evolution and sources of international environmental law and specific environmental protection issues, such as transboundary pollution, trade in hazardous waste, biodiversity, and global commons. (3 cr.) Applegate, Fidler
International Tax (B703) This course considers primarily how the United States taxes (especially under the income tax) Americans doing business abroad (so-called "outbound transactions") and foreigners doing business in the United States ("inbound transactions"). Passing reference also is made to ways in which the tax systems of other countries differ from the tax system of the United States. (3 cr.) Johnson
International Law: Global Public Health (B796) This course provides students with a survey of the international law in the field of global public health. It analyzes the relationship between public health and international law and examines the international legal issues arising in connection with infectious and non-communicable diseases. It also explores the public health issues arising in a number of international legal regimes, including international trade, international human rights, and international environmental law. (3 cr.) Fidler
Comparative Constitutional Law (B748) This course facilitates an understanding of various foreign legal systems in order to contribute to the student's professional education and to the handling of actual cases that involve elements of foreign law with which the student may be concerned in practice. (2 cr.) Delbrück
European Union Law (B755) This course examines the European Unity Movement, the gradual realization of the ideals and goals of this movement since the end of World War II, and existing European institutions/organizations such as the Council of Europe and the European Union. The course deals with the constitutional foundations of the EU, the competence of the main organs of the EU/EC, the legislative process and the judicial system of the EU/EC, the so-called four freedoms of the EC Treaty, the protection of other fundamental human rights under EU Law, and the basics of the EU antitrust law. (2 cr.) Delbrück
International Human Rights (B793) This course focuses on the history, meaning, and enforcement of internationally guaranteed fundamental rights and freedoms. It also includes comparative aspects of the protection of such rights under domestic law in different legal cultures. In the area of enforcement of internationally protected rights, the judicial and quasi-judicial enforcement procedures are examined. Forcible intervention by the international community into the internal affairs of states committing grave violations of human rights is also covered. (2 cr.) Delbrück
Seminar in International Law (L712) (2 cr.) Fidler
Seminar in Law and Society of Japan (L724) (3 cr.) Hoffmann
Seminar in Global Law and the Legal Profession (L728) (3 cr.) Aman, Delbrück
Seminar in Refugee Policy (L734) (2 cr.) Scanlan
Seminar in International Telecommunications Law (L771) (2 cr.) Cate, Delbrück
Seminar in International Human Rights (L793) (2 cr.) Delbrück
Seminar in International Bankruptcy (L700) (2 cr.) Buxbaum
Seminar in International and Global Public Health (L698) (2 cr.) Fidler
Seminar in International Litigation and Arbitration (B739) (3 cr.) Buxbaum
Labor Law (B663) This course is a study of rights and obligations under the National Labor Relations Act of unions, management, and individual employees, including permissible organizational activities, the nature and negotiation of collective bargaining agreements, and the forms of economic pressure (strikes, boycotts, picketing, and lockouts). (3 cr.) Bethel, Dau-Schmidt
Labor and Employment Arbitration (B788) This course focuses on the administration of collective agreements after the bargaining relationship has been established. It examines private dispute resolution machinery, judicial enforcement of agreements to arbitrate, and the relationship between arbitration and other forums. Strikes, boycotts, and individual employee rights are also covered. (3 cr.) Bethel
Employment Discrimination (B680) This course studies fair employment practices laws, primarily at the federal level. Issues of discrimination in employment on the basis of race, gender, religion, age, and disability and concepts of reasonable accommodation and affirmative action are stressed with a focus on litigation strategy and statistical methods of proof. (3 cr.) Lamber
Employment Law (B719) This course provides an introduction to the growing body of law that governs the employment relationship and that is unrelated to either the law on employee organization or the law on employment discrimination. Topics covered include the hiring and firing of employees; the erosion of the employment-at-will doctrine; the use of lie detectors, drug testing, and HIV-testing in hiring and discharge decisions; and the Occupational Safety and Health Act, Workers' Compensation Law, and Employee Retirement Income Security Act. (2-3 cr.) Dau-Schmidt
Pension and Employee-Benefit Law (B742) Pension and employee-benefit law has become an important sphere of public policy and an increasingly large part of law practice. This course covers the theory of the pension and retirement income system and the pension regulatory law, pension fiduciary law, and pension taxation. (2 cr.) Dau-Schmidt
Negotiations (B620) The goals of this course are to learn about negotiating theories and issues, including relevant aspects of interviewing and counseling clients; to be able to recognize and critically examine basic negotiating strategies; and to gain personal experience in the preparation, evaluation, and negotiation of selected legal problems. (2 cr.) Fromm
Seminar in Employment Discrimination (L738) (3 cr.) Lamber
Wills and Trusts (B645) This course emphasizes execution, revocation, and revival of wills and will contests; creation, modification, and termination of trusts; charitable and other specialized trusts; and fiduciary administration. Coverage is given to intestate succession and restrictions on testation, will construction and interpretation, will substitutes, trust construction and interpretation, and future interests. (3-4 cr.) Gjerdingen, Stake
Real Estate Finance (B749) This course examines problems in structuring complex multiparty real estate transactions. Consideration is given to mortgages, mortgage markets, construction financing, commercial real estate (including tax aspects of leasing and mortgaging), leases as financing devices, and commercial landlord-tenant relations. (3 cr.) Gellis
Real Estate Development (B775) This course addresses a variety of specific real estate development issues including real property estates and conveyancing, purchase and sale contracts, financing, zoning and land use, business organizations and related income tax issues, property taxes, commercial leasing, and real estate in bankruptcy. (2 cr.) O'Bryan
Land-Use Controls (B615) This course studies the development and nature of the law of public regulation of land use, including analysis of the major tools for public regulation, zoning, comprehensive planning, and subdivision controls. The course studies land-use regulation as it relates to issues of municipal services and finance. (3 cr.) Stake
Estate Planning (L780) This course explores estate planning options with an emphasis on practical, real-life situations and positive steps available to the lawyer to deal with them. (2 cr.) Manterfield
Constitutional Law II (B668) This course extends the coverage of Constitutional Law I and focuses on issues arising under the First Amendment. (2 cr.) Bradley, Conkle, Johnsen, S. Williams
Advanced Constitutional Law (B634) The focus of this course is on recent U.S. Supreme Court cases. It examines principles of law under the Constitution, functions of state and federal courts in constitutional matters, powers of state and federal governments, and individual rights, privileges, and immunities. (3 cr.) Baude, Johnsen
Constitutional Litigation (B606) This course examines the law that governs litigation about constitutional questions. Most litigation raising federal constitutional questions arises under 42 U.S.C. § 1983 and concerns the federal obligations of state and local governments and their employees towards citizens. This litigation involves not only constitutional law but also statutory interpretation and a considerable body of "statutory common law" that has developed to balance the complex policies and concerns that arise in this area. The goal of the course is to understand both the body of law that surrounds litigation to redress constitutional torts and the institutional concerns that contributed to its growth. (3 cr.) Robel
Law of Democracy: Voting Rights (B767) This course will examine whether and under what circumstances the United States Constitution protects a constitutional right to revolution. We will consider the extensive literature on the Second Amendment, but we will also look at the provisions of Article One that give Congress the power to suppress insurrection. The course will involve extensive reading, intensive discussion, and one long research paper. (3 cr.) D. Williams
Federal Jurisdiction (B733) This course addresses the scope and limits of the jurisdiction of the federal courts; the dominant themes are separation of powers and federalism. Particular topics include the justiciability doctrines, Supreme Court review of state court decisions and related applications of the doctrines involved, the federal common law (including implied rights of action under federal statutes), federal question jurisdiction, and jurisdictional limitations on actions claiming federal statutory or constitutional protection against state action. (3 cr.) Baude, Geyh, Robel
Employment Discrimination (B680) This course studies fair employment practices laws, primarily at the federal level. Issues of discrimination in employment on the basis of race, gender, religion, age, and disability and concepts of reasonable accommodation and affirmative action are stressed with a focus on litigation strategy and statistical methods of proof. (3 cr.) Lamber
Civil Rights Statutes (B606) This course explores the details and wisdom of various federal civil rights laws (such as Title VI of the 1964 Civil Rights Act, Title IX of the 1972 Education Amendments, and the 1991 Americans with Disabilities Act) that prohibit discrimination of the basis of race, gender, disabilities, age, and religion. (2 cr.) Lamber
Local Government Law (B607) This course studies the legal status of local governmental units in our political system, focusing on the structure and distribution of power among levels of government. It reviews the scope of local governmental powers in terms of the ability of municipalities to respond to the needs of modern metropolitan communities. (3 cr.) Gellis
Family Law (B608) This course concentrates on laws regulating marriage, divorce, annulment, and child custody. Consideration is given to the legal effect of alternative family arrangements and the legal position of family members within the family unit. (3 cr.) Conrad, Lamber, S. Williams
Legislation (B554) This course explores the history of statutes in the United States, changing attitudes toward legislation and adjudication, the legislative process, and statutory interpretation. A basic theme throughout the course is to determine what image of the legislative process the courts adopt and what image they are trying to promote, and whether the court is acting properly when it uses these images to make judgments about legislation. (3 cr.) Popkin
Law and Education (B658) This course focuses on legal issues that arise in elementary and secondary education. Topics include compulsory school attendance, educational malpractice, minimum competency testing of students, selection of textbooks, curriculum requirements, due process rights of students, and First Amendment issues. (3 cr.) Brown
International Law (B665) This course is the basic introductory survey course on public international law. It covers the nature of international law, how international law is made, key ingredients in the international legal system (states, nationality, jurisdiction, treaties, etc.), international law in U.S. courts, and specific substantive areas of international law (e.g., human rights, international environmental law, law of the sea, use of force). If time permits, the course also looks at emerging issues and problems in international law caused by the processes of globalization. There are no prerequisites for this course. Evaluation is on the basis of a final essay examination. (2-3 cr.) Fidler
Immigration Law (B669) This course examines the rights of aliens to enter the United States, to remain in the United States after arrival, and to secure or retain citizenship. It includes special restrictions imposed on aliens that restrict their opportunity to secure employment, welfare benefits, or other entitlements, and the judicial response to those restrictions. The course explores a significant number of Supreme Court decisions that have addressed the many important constitutional issues lurking in immigration law. (3 cr.) Scanlan
Administrative Law (B713) This course examines the constitutional justification for administrative agencies and their relationship to the legislature, the executive branch, and, in significant detail, the courts; administrative discretion to formulate policy and the manner in which policies are made; and specific topics including the constitutional basis of administrative procedure, the scope of judicial review, the difference between rule making and adjudication, the limits of procedural due process, and the Administrative Procedure Act. (2-3 cr.) Aman, Craig, Fischman, Johnson
Comparative Constitutional Law (B748) This course facilitates an understanding of various foreign legal systems in order to contribute to the student's professional education and to the handling of actual cases that involve elements of foreign law with which the student may be concerned in practice. (3 cr.) Delbrück, Zoller
European Union Law (B755) This course examines the European Unity Movement, the gradual realization of the ideals and goals of this movement since the end of World War II, and existing European institutions/organizations such as the Council of Europe and the European Union. The course deals with the constitutional foundations of the EU, the competence of the main organs of the EU/EC, the legislative process and the judicial system of the EU/EC, the so-called four freedoms of the EC Treaty, the protection of other fundamental human rights under EU Law, and the basics of the EU antitrust law. (2 cr.) Craig, Delbrück
Race, American Society, and the Law (B756) This course explores how dominant American thinking about race relations in America was incorporated in the law and focuses on how African Americans developed strategies and interpreted their experience in American society, and how their interpretation differs from that of dominant American society. (3 cr.) Brown
Native American Law (B770) This course provides an examination of the primary themes and materials of the federal law concerning Native American tribes and individuals. It devotes considerable attention to the historical development of law and policy in that area and to the present division of authority over Indian country among federal, state, and tribal governments. The course also includes discussion of hunting, fishing, and water rights and of the economic development of Indian lands. (3 cr.) D. Williams
Children and the Law (B781) This course considers a broad range of controversial issues concerning children's civil and claim rights. After a brief look at child development, the course examines the tension among family, child, and state on such issues as abortion and education; and when and how a child must be protected from a parent. The course also explores issues of medical treatment, children as witnesses, foster care, and adoption. (3 cr.) Orenstein
Poverty Law (B643) This course explores significant legal issues that affect the poor and near poor including public benefit programs, the transition from welfare to work, housing, health care, consumer problems, domestic violence, child care, child support, and access to the legal system. (2 cr.) Andree
Seminar in Law and Religion (L799) (3 cr.) Conkle
Seminar in Courts and the Congress (L799) (3 cr.) Geyh
Constitutional Law Seminar: Congress and the President (L736) (3 cr.) Johnsen
Seminar in Constitutional Litigation (L726) (3 cr.) Tanford
Seminar in Constitutional Law: Contemporary Issues in First Amendment Law (L799) (3 cr.) Bell
Seminar in Constitutional Law: Death Penalty (L799) (3 cr.) Hoffmann
Introduction to Income Taxation (B650) This course
explores constitution of income; deductions and credits; tax
accounting methods and their relationship to income; taxation
of estates, trusts, corporations, and partnerships; and an
introduction to capital gains and losses. (3-4 cr.) Johnson,
Popkin
Taxation of Business Entities (B765) This course discusses
federal income taxation of corporations and partnerships,
including their organization, considerations in planning their
capital structure, taxation of partnerships and subchapter S
corporations, distributions (including distributions of earnings
and profits), redemptions and liquidations of interests, and
corporate reorganizations. (4 cr.) Johnson, Popkin
Pass-Thru Tax (B681) This course provides a detailed and
critical study of partnerships and their partners, including an
examination of proposed revisions of the scheme of taxation
of partnership income. Areas covered include the concept of
a partnership for tax purposes and comparisons with other
business entities; organizational problems and the role of the
partnership agreement; partnership as conduit for determining
taxable income and loss and problems of allocation of items
among partners; “collapsible partnerships”; distribution and sale
of partnership property and partnership interests; death and
retirement of partners; and use and misuse of the limited
partnership vehicle as a tax shelter. (3 cr.) Johnson
Corporate Taxation (B700) This course discusses federal
income taxation of corporations and partnerships, including
their organization, considerations in planning their capital
structure, taxation of partnerships and subchapter S
corporations, distributions (including distributions of
earnings and profits), redemptions and liquidations of
interests, and corporate reorganizations. (3 cr.) Johnson
Tax Procedure (B677) This course deals with the administra -
tion of the federal income tax law and includes discussion of the
powers of the agency to decide disputes, the considerations in
the taxpayer’s decision to make use of administrative remedies,
regulations and rulings, various forums for judicial review, civil
penalties, collection issues, and summons power used for
enforcement. (3 cr.) Johnson
Gift and Estate Tax (B651) This course examines transfers
subject to federal gift tax, property subject to federal estate tax
(including property transferred inter vivos), the relationship
of federal gift tax to federal estate tax, valuation of property,
credits against federal estate tax, and deductions from gross
estate (including marital deduction). (2 cr.) Johnson
Federal Tax Crimes (B795) This course discusses the
substance of tax crimes, including evasion and other acts,
scienter, methods of proof, and collateral punishments such
as asset forfeiture and civil tax penalties. It also covers
important procedural matters, such as investigatory techniques,
use of grand juries, privilege issues, venue, statutes of
limitations, and constitutional rights. (3 cr.) Johnson
International Tax (B703) This course considers primarily
how the United States taxes (especially under the income tax)
Americans doing business abroad (so-called “outbound
transactions”) and foreigners doing business in the United
States (“inbound transactions”). Passing reference also is made
to ways in which the tax systems of other countries differ from
the tax system of the United States. (3 cr.) Johnson
Perspectives and Advanced Courses
Products Liability (B654) This course studies the liability of manufacturers and distributors for defective consumer products, including consideration of the main theories of liability and their legislative and judicial bases. Problems considered are privity, causation, and the definition of a legal defect. The objectives are to acquaint the student with an important and active aspect of tort and contract law in a context that shows the intimate interplay among legal theory, economics, sociology, and jurisprudence. (3 cr.) Heidt
Law and Political Theory (B592) This course approaches the law with questions derived from political theory, broadly defined to include philosophical and sociological accounts of what a nation or state is; how it is organized; what interests (and whose interests) its organization and characteristic modes of operation promote; and how it secures compliance with its regulations and dictates from those within the effective reach of its power. (3 cr.) Scanlan
Perspectives in American Legal History (B659) Selected topics are addressed through reading and discussing excerpts from notable books and articles. The objectives of the course are to appreciate the relationship between legal culture and other areas of American culture and to assess the capabilities and limits of "law" as a means to ends beyond legalism itself. (3 cr.) Conrad
Law and Sports (B678) Sports activities that generate legal issues are studied, including the antitrust status of professional sports, the National Collegiate Athletic Association, leagues, and conferences; collective bargaining and professional sports; regulation of amateur athletics by means of constitutional provisions, contract law, or the law of private associations; sex and race discrimination; the relationship of the university to a student athlete receiving financial aid; and liability for injuries. (3 cr.) Scanlan
Legal Thought (B714) This course focuses on the nature of legal thought in the Civil War to 1937, a period that provided the normative foundation of classical legal education, i.e., Langdellian orthodoxy and the case method, etc.; the foundation for conventional liberal theory in American political thought; and the substantive doctrine, categories, and analytical techniques of conventional legal thought, i.e., contracts, case analysis, etc. The course also focuses on recent developments in legal theory, in particular, law and economics, critical legal studies, and the legal theory movement. (3 cr.) Gjerdingen
Law and Literature (B721) Formalism represents a fundamental position in philosophy, literary criticism, and legal theory. In each of these disciplines it has been the subject of impassioned attacks. This course examines the conceptual underpinnings of these debates so that students may map more precisely their impact on current legal thought and practice. (3 cr.) Hodges
Constitutional History Colloquium (B760) The topic of this course is "Perspectives on the American Founding." The course deals with the problem of how historians use historical data to make arguments that bear on American legal/constitutional culture. (3 cr.) Conrad
Seminar: Problems in Political Theory (L699) (3 cr.) S. Williams
Seminar in Feminist Jurisprudence (B789) (3 cr.) S. Williams
Seminar in Public Understanding of the Law (L705) (2 cr.) Dworkin
Seminar in Law and Economics (L713) (3 cr.) Dau Schmidt
Seminar on Law and Society (L710) (2 cr.) Bell
Seminar in Comparative Law (L770) (2 cr.) Cripps
Seminar in Jurisprudence (L797) (3 cr.) Shreve
Seminar in Law and Development (L750) (3 cr.) Brown
Introduction to American Law (B504) This course offers an overview of the American legal system and is designed for foreign law students in the LL.M. and M.C.L. programs. Principal topics include the common law system and associated legal and argumentative techniques, American federalism and Constitutional Law, the structure of the American court and legal system, and the role and regulation of lawyers in the American political system. (3 cr.) Gjerdingen
Legal Research and Writing (B542-B543) Especially designed for international students, this course introduces the techniques of legal research and writing. (1 cr., 1 cr.) Farnsworth
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