Course Offerings Fall 2008 - Present

ADVANCED CONSTITUTIONAL LAW: FEDERALISM AND SEPARATION OF POWERS (2 credits) CNLW-320
Intensive study of several current issues of federal legislative power, state governance authority, and legal functions and roles of the federal government's branches.  Prerequisite:  first semester course in Constitutional Law.

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ADVANCED CONSTITUTIONAL LAW: FIRST AMENDMENT DOCTRINES AND THE INTERNET (3 credits) CNLW-320
One of the Advanced Constitutional Law offerings, this course examines the doctrines and theories for First Amendment protections of speech and press. The course examines traditional First Amendment law, including clear and present danger, fighting words and hate speech, libel, campaign election regulation, symbolic expression, obscenity, nonobscene but indecent speech regulation, public control of artistic expression, and public forum regulation. Throughout the course, some attention will be given to the applicability of these doctrines and theories to the unique environment of the Internet. The last section of the course will focus more centrally on the Internet culture’s theoretical relationship to First Amendment principles. Pre-requisite: Constitutional Law.

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ADVANCED CONSTITUTIONAL LAW: FIRST AMENDMENT THEORY SEMINAR (2 credits) CNLW-320
The seminar examines competing theories about the scope and justification of freedom of speech, freedom of press, and freedom of religion. It will consider free speech theories focused on liberty, formal equality, self-government, public morality, dissent, and anti-domination; the relationship of various conceptions of democracy to freedom of press; and various conceptions regarding the optimal relationship between church and state. Among the more specific topics at issue in some of the readings are commercial speech, pornography, flag burning, subsidies of the arts, campaign finance, the structure of the mass media, government involvement with religious symbols, and vouchers to religious schools. Students are expected to submit three comments, arguments, questions, or matters to be discussed about the reading each week (a page or two at most – these assignments are not graded, but must be completed) and to write a 15-20 page paper at the end of the seminar that focuses on the readings. Prerequisite: Constitutional Law.

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ADVANCED CONSTITUTIONAL LAW: FOURTEENTH AMENDMENT SEMINAR (3 credits) CNLW-320
This course is designed to give students the opportunity to experience life as a Supreme Court justice. The class will be divided into "courts" of four to five students each. These courts will receive fictional lower court opinions and will draft opinions in response, addressing the most difficult issues created by the Fourteenth Amendment. Students will work to define due process and equal protection, and determine whether they think the text of the Fourteenth Amendment incorporates the protections of the Bill of Rights, among other foundational constitutional law questions. As the semester progresses, students will confront many of the issues the Supreme Court has dealt with over the past generation, such as property rights, abortion, affirmative action, marriage rights, and voting rights.

By the end of the semester, each court will have created a significant body of jurisprudence. Each student will likely have written between four and ten opinions, drafted a brief and prepared for oral argument, and edited numerous other opinions drafted by their fellow court members. They will understand the complexity of creating a rule designed to address different potential fact patterns, and better comprehend the impact of Supreme Court rulings. They will also have had the opportunity to hear an oral argument based on their own previous writings and understand how a judge might react to such a situation. Prerequisite: Constitutional Law.

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ADVANCED CONSTITUTIONAL LAW: POLITICAL PROCESS AND POLITICAL PARTICIPATION (2 credits) CNLW-320
This course examines the constitutional underpinnings of the law of the political process, from campaign finance to voting rights to gerrymandering to Bush v. Gore. The course will probe the role that courts can or should play in setting the guidelines and rules for participation in the political process. Prerequisite: Constitutional Law.

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ADVANCED COPYRIGHT LAW (2 credits) INTP-365
This interactive course will focus on current and emerging topics in U.S. and international copyright law, including currently litigated issues, active legislative proposals and the application of copyright law to new or disruptive technologies and activities, and other practical applications.  We will pay particular attention to understanding the business, economic and other context underlying copyright decisions and laws.  The course will address international copyright treaty requirements, fair use issues, music sampling, mash-ups and file sharing, rights in databases, exercise of author termination rights, online and social media uses, virtual worlds, preemption/idea theft, copyright trolls, protection of fashion, safe harbor, anti-circumvention measures and other Digital Millennium Copyright Act provisions, the license v. sale of software debate, open source software, protection of architectural works, information technology issues. copyright misuse and proposals for new copyright principles.  The course will include student participation and presentations, some lectures, visiting speakers and simulation exercises. 
Prerequisite: Copyright Law.

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ADVANCED CRIMINAL PROCEDURE: MODERN PROBLEMS IN FOUTH AMENDMENT LAW (2 credits) CRIM-385
This course is designed to give students a chance to explore the latest developments and emerging trends in Fourth Amendment law, and offers a further look at those issues that fall beyond the scope of the introductory Criminal Procedure - Investigative course.  The class will build on a basic normative and descriptive understanding of search and seizure law, and incorporate new doctrinal and theoretical ideas applicable to areas that may include digital and online surveillance, the collection of genetic, cognitive, and other biological information, the role of the Fourth Amendment outside of criminal investigations, the relationship of federal law to the that of the states, and more.

Students will be asked to read a variety of judicial opinions as well as a sampling of the existing academic literature in the area, but will not be required to purchase a casebook.  In addition to preparing for the discussion and in-class activities from week to week, students will be expected to develop a seminar paper in consultation with the instructor and to present the thesis and research on which that paper will be based to the class during the semester.

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ADVANCED ELECTRONIC LEGAL RESEARCH AND METHODOLOGY (2 credits) LRES-350
This hands-on course prepares students for the practice of law in a technologically-advanced environment. The course focuses on developing research skills and information discrimination techniques using electronic resources (Westlaw, Lexis/Nexis, Loislaw, various Internet legal websites). Print materials and electronic resources will be compared to explore their relative strengths and weaknesses. Students will analyze and develop cost-effective and interdisciplinary research strategies. This class will be taken pass/fail only. Enrollment capped at 30. While not a prerequisite, it is suggested that this class be taken after completion of Legal Writing II. Students may not receive credit for both Legal Research Methods and Adv. Electronic Legal Research.

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ADVANCED EVIDENCE (2 credits) EVID-350
Advanced Evidence is an experimental course limited to those who are currently taking, or have previously taken Comprehensive Trial Advocacy.  Exclusively focusing on the Freck Point case file, and the accompanying full-length teaching movie of the Freck Point civil trial, the class will be immersed in a semester-long role play.  Working as a team (sometimes as attorneys for plaintiff, other times as attorneys for defendant), the class will explore ethical, strategic, narrative, persuasive, and performance aspects of a wide range of evidence issues raised in the context of the Freck Point case.

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ADVANCED FAMILY LAW (2 credits) FAML-400
This is a capstone course for those already familiar with basic family law. We will develop a list of topics that reflect the specific interests of enrolled students. Students will be required to read and write regularly and to participate in class. Each student is also required to produce a substantial paper during the course of the semester. There will not be a final exam.

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ADVANCED INTERNATIONAL COMMERICIAL ARBITRATION (2 credits) INTL-377
As the globalization of business advances, more commercial disputes are resolved through international arbitration.  Indeed, the neutrality and procedural flexibility of international arbitration is, in some cases, essential to conducting international commerce. 

This course will immerse students in the subject through a structured simulation of practice in the field of international commercial arbitration.  Students will undergo an orientation as associates in a mock law firm, and then move through the stages of a hypothetical international arbitration: from drafting an effective arbitration clause to enforcing or challenging an arbitral award. 

As mock associates, students will be expected to analyze statutes and rules, research and draft memoranda and arbitral submissions, advocate orally on issues arising in international commercial arbitration, and submit weekly timesheets.  The course will thus emphasize writing and advocacy to develop an understanding of the customary practice of international commercial arbitration.  In this way, the course hopes to give students the experience of being a law firm associate practicing in the field.

Recommended but not required: International Arbitration (INTL-330-A)

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ADVANCED LEGAL RESEARCH (LEGAL RESEARCH METHODS) (2 credits, P/F) LRES-300
Building on the research fundamentals acquired in Legal Writing I, this course will enhance the student’s research skills through instruction on resource selection, research strategies and search techniques. Emphasis will be placed on gaining familiarity and competence with the materials most commonly used by attorneys in day to day practice. We will work with print sources, on-line databases, and free sources of law on the Internet. Cost-effective and efficient research will be stressed. While not a prerequisite, it is suggested that this class be taken after completion of Legal Writing II. Students may not receive credit for both Legal Research Methods and Adv. Electronic Legal Research.

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ADVANCED REAL ESTATE (3 credits) PROP-305
This course will concentrate on the application of principles of real estate financing that you learned in Basic Real Estate and combine them with materials from land use planning, bankruptcy and other areas of the law that relate to real estate. The course will be organized by topics.
Topics which are likely to be covered include:

• Acquiring land
• Planning and carrying out the development of land
• Financing the acquisition and development of land
• Lender liability
• Condominiums and cooperatives
• Bankruptcy

Prerequisite: Basic Real Estate.

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ADVANCED TOPICS IN HEALTH LAW: LAW, MEDICINE AND ETHICS AT END OF LIFE (2 credits) HLTH-350
This seminar will address the legal issues engendered by our increasing control over the end of life. We will consider patient autonomy issues at the end of life, including refusal and withdrawal of life sustaining interventions by both competent and incompetent patients, surrogate decision making, advance directives, pain management at the end of life, and the choice to hasten death with medical assistance including Washington's Death with Dignity law.  We will also explore health care providers' right to refuse medical treatment, including refusals based in religious directives and refusals arising from "futility" disputes-when health care providers and families of dying patients disagree about aggressive treatment. 
The class format will be a seminar focused heavily on class discussion of readings and guest lectures. The final grade will be based on class participation, short weekly reflection papers, and a final substantial (20-25 page) research paper. This seminar is limited to 20 students.
Prerequisite: Prior or concurrent enrollment in Legal Writing II, previous experience writing an academic research paper, or staff role on one of the law school's legal journals.  Health Law I, Elder Law or Constitutional Law are preferred, but are not required.

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ADVANCED TOPICS IN INTERNATIONAL LAW(2 credits) INTL-410
The seminar is intended to examine on a more advanced level various issues in international law.  Past topics have included: democracy and international law; international law sources; Third-World critiques of international law; and the Nuremburg Trials.  This semester, at least one of the topics we will explore is models of international justice and perhaps one or two additional topics.   Evaluation for the course will be based on class participation; three 1-2 page papers reacting to one of the readings for a particular week; and a 12-15 research paper of the student's choice and a class presentation of the research underlying that paper. Prerequisite: One or more of the following: Public International Law; International Human Rights; International Criminal Law; or International Trade.(3 credits) CNLW-320

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ADVANCED WRITING SEMINAR (2 credits) WRIT-300
This course is designed for law students who see the legal profession as a profession of writers and who want to further develop their skills in effective persuasion and in the use of an elegant, clear style. Students will learn a comprehensive approach to style and editing, using Joseph William's' Style, and they will apply that approach to a variety of legal writing tasks. They will also read selected material on argumentation -- taken from classical rhetoric, current argumentation theory, and narrative theory -- and apply that material to persuasion in legal writing. Coursework will include exercises, revisions of existing legal documents, revisions of your own legal writing, and a final writing project. Prerequisite: Legal Writing II.

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ADVERTISING LAW (2 credits) INTP-350
This course examines the legal and regulatory frameworks and principles that impact advertising and marketing in today's global, wired world. The course provides an overview of traditional advertising principles, such as unfair competition and false advertising, and provides an overview of the effect that Intellectual Property and rights of publicity and personality have on advertising. The course provides an overview of the Federal Trade Commission Act and examines the duties and responsibilities of the Federal Trade Commission. The course further examines and considers new and emerging issues, such as online privacy and unsolicited commercial e-mail. Recommended prerequisite: Intellectual Property (INTP-300).

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ALASKA NATIVE CLAIMS SETTLEMENT ACT: LAW AND POLITICS (2 credits) INDL-340
The Alaska Native Claims Settlement Act (ANCSA) is one of the most unique pieces of legislation ever passed in the United States, and the most significant piece of legislation to impact Alaska.  Without ANCSA, Alaska would be a very different state today.  This course will examine how politics and oil not only shaped this significant piece of legislation, but how ANCSA has forever changed the legal landscape for Alaska Natives.

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AMERICAN LEGAL HISTORY (3 credits) JURS-330
This course is designed as an introduction to some of the important themes, issues, and arguments in the history of American law and legal institutions. The goal of this course is two-fold: (1) to give you substantive familiarity with these themes and issues and (2) to prepare you to think critically about the various ways in which lawyers, judges, legal academics, and historians mobilize arguments about the history of American law. The course usually sweeps broadly, covering the entire span of American history from the colonial era to the Rehnquist Court and exploring topics ranging from constitutional law to tort law to legal education. The course assumes no prior familiarity with legal history. The class is structured as a large seminar or reading group, with substantial reading and frequent short papers but no final exam or larger paper.

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AMERICAN LEGAL HISTORY (first-year elective, 3 credits) JURS-150
Video description 
This course is designed as an introduction to some of the important themes, issues, and arguments in the history of American law and legal institutions.  The class will divide its time relatively equally between constitutional law, private law, and the history of the legal profession, while paying particular attention to the complicated ways in which law and lawyers both reinforce and challenge prevailing power relationships. The class is designed expressly as a "perspectives" course, providing tools and ways of thing that will hopefully provide context for and deepen your thinking about your other substantive courses. Each week's discussion will be organized around one or two articles or books that offer provocative takes on or thoughtful explorations of our particular subject. Occasional lectures will supplement those readings and provide needed context.  Student will be required to write five short reaction papers (each approximately 2-3 pages) and to complete a take-home examination.  The course assumes no prior familiarity with legal history. 

Students who enroll in this course will not be eligible to enroll in the upper-division American Legal History course.

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ANTITRUST LAW (3 credits) ANTI-300
The United States relies on competition rather than government regulation or private cartels to determine what goods are produced and how much is charged for them in most sectors of the economy. This preference for free market rivalry over centralized control is reflected in the federal (and state) antitrust laws: monopolization, mergers, horizontal restraints and vertical restraints. The main goal of the course is to learn and apply contemporary antitrust analysis, which employs economics, precedent and public policy in an effort to develop legal principles that advance consumer welfare.

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APPELLATE LITIGATION SEMINAR: LABOR AND EMPLOYMENT LAW (2 credits) EMPL-375
In this class, students will explore cutting-edge issues in labor, employment, and employment discrimination law.  Acting as attorneys and judges, students will participate in simulated appellate arguments addressing important legal issues currently pending in the federal courts.  Thus, the course will allow students to hone appellate advocacy skills and develop substantive knowledge of current labor and employment law topics.  Students will be evaluated on their participation in simulations as well as written judicial opinions to be turned in over the course of the semester; there will be no final exam. 

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APPLIED LAW AND PRACTICE MANAGEMENT  (2 credits) LPRC-300
This course is specifically designed to help soon-to-be solo practitioners and law firm associates bridge the gap between studying law and practicing law. The class is designed to cultivate proficiency in two practical areas of attorney development, which are typically learned over time rather than formally taught: (A) how to actually practice law, and (B) how to build and manage a law practice.

The professional development topics include: (1) communicating and "working the problem" like a lawyer; (2) creating, organizing, and preserving accurate records; (3) delivering value-added work product; (4) due diligence and document review; (5) anatomy of a lawsuit (pre- and post-filing); (6) contract drafting and deconstruction; (7) safeguarding attorney-client privilege/work product protections; (8) handling conflicts of interest and ethics issues properly; (9) how to avoid common new lawyer mistakes, trap doors, and dead ends; and (10) how to find and take advantage of further professional development opportunities, particularly for the solo practitioner.

The law practice management topics include: (1) getting off to a good start (bar exam strategies); (2) the challenges of the solo practitioner and new associate; (3) law as a business as well as a profession; (4) how law departments function (in firms, companies, and government agencies); (5) law firm formation, administration, business strategy, and loss prevention; (6) how to get hired (and fired) by law firms and legal organizations, including lateral moves; (7) how to develop a "practice" and clientele (including client communications, fee agreements, funds, and billing); (8) the economics of recruiting/retention, diversity, and specialization; (9) effective use of technology; and (10) career/lifestyle choices.

While particularly relevant to solo practitioners and associates at small firms (that may lack formal mentoring and professional development programs), the concepts discussed in this course will benefit new attorneys in all types of private and public sector organizations. The course will include guest speakers, Q&A, practicums, and an emphasis on the rapid retention of information. Graded on a Pass/Fail basis.

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ART AND CULTURAL HERITAGE LAW (2 credits) INTP-385
This course will examine the legal doctrines applicable to visual art, antiquities and cultural heritage. We will begin by asking, "What is art?" and exploring questions of authenticity of visual art as well as the difference between art and cultural heritage. We will also examine artists' rights with a particular focus on the moral rights doctrine as applicable to visual art. The course will provide an overview of the legal issues implicated in the business of visual art, viewing the art transaction from the different perspectives of the artist, dealer, private collector, museum, and auction house. We will explore questions of title to artworks and cultural heritage, with a particular emphasis on stolen works. This discussion will range from cases involving restitution of artworks looted during World War II to the current state of the debate over the ownership of international cultural heritage and cultural heritage of the United States. The course will also provide an overview of museum best practices in the context of the shifting standards applicable to artwork and antiquities controversies and will explore whether those practices should influence the activities of private collectors and dealers. The course will involve student led discussions and informed class participation.

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ARTS LEGAL CLINIC (1 credit) INTP-401
This course is a collaboration between the Law School and Washington Lawyers for the Arts, a non-profit organization. Students in the clinic will work with two experienced intellectual property attorneys who serve as adjunct faculty. On the second and fourth Mondays of each month, students will participate with the adjunct faculty in interviewing and advising artists and others seeking legal assistance regarding intellectual property issues. On the remaining Monday(s) of each month, the faculty will engage the students in a variety of lawyering skills activities, including discussions of interviews from the prior week, simulated skills exercises drawing on current developments in intellectual property law, and activities devoted to ethics and professionalism. This course must be taken pass/fail. This course does not fulfill the professional skills requirement for graduation. Prerequisites: Intellectual Property and at least one of the following: Copyright Law, Trademark Law, IP Licensing, or Business Entities.

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AVIATION LAW (3 credits) CIVL-310
This course provides students with a working understanding of the legal processes surrounding the U.S. and international aviation law. Importantly, the course reviews key topic areas that are covered on the bar exam, including torts (product liability and negligence), civil procedure, evidence, damages, and conflicts of law. In addition, in the aviation context, international law, maritime law, and government liability are also reviewed.

The course begins with a review of the sources of international air law, and progresses to the present legal regime governed by the International Civil Aviation Organization (the United Nations of the air). The principles of national air sovereignty are analyzed, including the legal significance of the non-demarcated line where national airspace ends and outer space begins. There will be a brief review of the principals of space law.

The course takes a look through the lens of history at the 1929 Warsaw Convention, which to this day sets out the rules for international carriage of passengers and cargo. The focus will be on airline liability for international aircraft disasters, and will review case law interpreting the Convention, along with recent developments to waive liability limits.

Next, a study of U.S. aviation law will be undertaken, including a review of the Federal Aviation Regulations, and the role of the NTSB and FAA. Liability of various entities will be analyzed for both general aviation and air carrier accidents, including the recent Alaska Air Flight 261 disaster.

Finally, these multiple disciplines are brought together, and the interplay between them is exposed in a practical environment. Through exercises, the many legal considerations and competing interests surrounding aviation accidents will be analyzed.

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BANKRUPTCY (3 credits) BANK-300
This is a general survey course on the law of bankruptcy.  Students will gain an overview of both consumer and business bankruptcy.  The course is essential for students considering a practice involving debt obligations.  However, it is also very important for those in a general business, commercial or public interest practice, because lawyers in such practices needs to consider the consequences that will ensue if a debtor fails to pay, which may heavily affect critical decisions concerning transactions, litigation, and settlement of various matters. The course will emphasize practical problem solving, considering the kinds of bankruptcy-related issues that arise in the course of a general business or public interest law practice, not just those confronted in a specialized bankruptcy practice.  Course topics will include state law creditors' remedies, exemptions which allow debtors to insulate certain kinds of property from creditors' claims, and the rights and procedures of all parties to a bankruptcy filing.
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BAR EXAM SKILLS LAB (2 credits) BSKL-300
Bar Exam Skills Lab will focus on building the analytical, writing and organizational skills necessary to enhance a student’s ability to prepare for the Washington State Bar exam. Students will become thoroughly familiar with the format and components of the Bar exam, will review substantive areas of law covered on the Bar exam and enhance their critical thinking and analytical writing skills. This seminar will provide students with hands on writing practice, peer evaluation and individual written feedback. Memorization and outlining skills, time management strategies and stress management techniques will also be taught. Students are expected to fully prepare and participate during the seminar and attend conferences with the course instructor to review practice bar exams and assess bar exam preparedness. Bar Exam Skills Lab, while designated to assist with student bar examination preparation, should not be considered a substitute for comprehensive commercial bar review courses. This is a pass/fail course.

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BASIC REAL ESTATE (3 credits) PROP-300
This course is an overview of basic legal issues arising from real estate transactions. It covers formation, execution and enforcement of real estate contracts, land sale financing and use of land in collateral among other topics.

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BIOETHICS AND THE LAW (2 credits) HLTH-300
This course examines issues arising from advances in biological sciences and technology as they impact the legal rights and responsibilities of patients, health care providers, and government policy makers. Issues explored include the legal and ethical problems associated with experimental and investigational treatments, reproductive rights, treatment at the end of life, assisted suicide, genetic engineering, and health care resource allocation. Students may not receive credit for both Bioethics and the Law and Law and Biomedical Advance (HLTH-355).

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BIOTECHNOLOGY AND THE LAW (2 credits) INTP-365-E
This course will provide an overview of the legal, business, and regulatory issues faced by biotechnology companies as they evolve from a start-up company to a well-established company. Along the way, we will focus on four major areas of concern during this evolution: (1) transactional, financial, and technology issues faced by start-up biotechnology companies; (2) how to establish robust intellectual property protection and strategies used to realize value from these key business assets; (3) issues related to company growth, as well as issues related to enforcement of patents and defense against accusations of infringement; and (4) issues related to bringing a product to market, such as government regulatory and compliance issues required for product approval and product imports/exports. No technical background is necessary. Prerequisite: Intellectual Property.

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BUSINESS DISPUTE RESOLUTION SIMULATION (3 credits) BUSN-403
This course allows students the chance to simulate the resolution of a classic business dispute from beginning to end. Students will be given a case scenario and then divided into two law firms. They will simulate each step of the representation process including: client interviews, research of appropriate legal issues, informal negotiation and then more formal mediation of the dispute, and drafting a settlement agreement and all related documents necessary to effectuate the "deal" (such as a lease and a LLC Operating Agreement). Students will keep track of their time for client billings and will be expected to keep a journal. This class will be practical and interactive.

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BUSINESS ENTITIES (4 credits) BUSN-300
This course begins with a brief discussion of business risk. It then deals with agency principles and considers whether a business ought to be organized as a corporation, partnership, or other entity (such as LLC or LLP). The course next considers the formation process, capital structure, and limited liability before moving on to cover questions of internal governance. If time permits, we then consider questions particularly relevant to large, publicly held corporations such as social responsibility, corporate accountability, and takeovers. This course does not involve the application of the federal securities laws. The topics are analyzed under common law principles, the Washington Business Corporation Act and the General Corporation Law of the State of Delaware.

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CAMPAIGN FINANCE LAW (2 credits) CNLW-380
This course explores the tension between the right to free speech and legislative efforts to regulate campaign spending, stretching from Buckley v. Valeo in 1975 to Citizens United v. FEC in 2010, and also examines developments at the state and local level, including public financing of elections.

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CAPITAL APPEALS CLINIC (2 credits) CRIM-460
In this course, students will work on appellate briefs in capital cases from the state of Louisiana. Through their work, students will gain experience with legal writing and research while also taking part in designing strategy for cases raising cutting-edge issues regarding the death penalty, race, and the criminal justice system. The course will include a seminar component which will meet once a week. Students will be expected to meet regularly (outside of class time) with their faculty supervisor to discuss their casework. Prerequisite: Legal Writing II; Corequisite: Capital Punishment Seminar. Students must meet the Law Clinic's conflict of interest rules.

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CAPITAL PUNISHMENT SEMINAR (formerly DEATH PENALTY) (3 credits) CRIM-360
This course is divided into substantive and procedural aspects of death penalty law. The substantive inquiry focuses on constitutional and statutory prerequisites to seeking and obtaining the death penalty-since there are constitutional and statutory limitations on the types of crimes, the necessary mental state, and the permissible "aggravating factors" that allow a prosecutor to seek and obtain a sentence of death. The procedural inquiry focuses on those points of criminal procedure that are different in death penalty cases, or particularly important in death penalty cases, such as the procedures necessary to charge the death penalty; the nature of jury selection where "death qualification" is an issue; the fora in which a capital conviction and death sentence can be challenged, including an overview of the claims available on direct appeal, in state post-conviction and on federal habeas.

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CHILD, FAMILY & STATE (3 credits) FAML-305
This course will examine the law as it relates to children, beginning with an examination of the conflict between parents and the government in maintaining authority over children. The course will consider the degree to which the law treats children as autonomous rights-bearing individuals and the degree to which it sees children as dependent objects of state and parental control. To that end, we will look at the law's response to issues of child abuse and neglect, the questions presented by children's need for medical treatment and the existence of special legal rules governing children's activities such as child labor laws, truancy laws, drinking laws, etc. The course will also examine the juvenile court as an institution, to deal with juvenile status offenses as well as juvenile criminal offenses.

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CIVIL PROCEDURE (3 credits) CIVL-100 (Fall) CIVL-105 (Spring)
Pleading under the rules of civil procedure for U.S. District Courts and under state rules. Discovery and other pretrial mechanisms; jurisdiction and venue; summary judgment; parties and the dimensions of a dispute; aspects of trial practice.

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CIVIL RIGHTS AMICUS CLINIC (3 credits) ADVC-430
Students in the Civil Rights Amicus Clinic represent clients who are seeking to express their views and advocate positions that advance civil rights as amicus parties in cases in which the clients are not the immediate litigants.  Students will participate in developing amicus strategies, research and draft amicus briefs, develop amicus sign-on strategies consistent with the interests and desires of their clients, and develop a public education campaign to advance the interests of their clients.
Prerequisite:  Social Justice Lawyering

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CLIENT COUNSELING AND NEGOTIATION (3 credits) ALDR-301
Clients present a complex array of emotions, needs, perspectives, practical constraints, and goals. What happens when the lawyer ignores, or fails to understand or address, the real concerns driving his or her client? What is the appropriate balance between focusing on legal and non-legal concerns? Should the lawyer even address the “non-legal issues,” and if so, how does one do so without overstepping one’s role and training? How does one effectively negotiate settlement of cases? Client Counseling and Negotiation (ALDR-301) draws on cutting-edge theory and the skill set used in the Mediation, Collaborative Law, and Negotiation disciplines to address such questions. This skills course covers client counseling skills, such as fundamentals of helping relationships; active listening; effective questioning; uncovering hidden interests; balance of power; client counseling ethics; decision-making; and establishing the appropriate attorney-client relationship, including psychological, moral, and spiritual dimensions. Because most suits are settled out of court, we next study Negotiation, including conflict theory; preparation for negotiation; how to evaluate best alternatives to settlement (“BATNAs”); the 5 conflict resolution styles (competitive; integrative, etc.); where to set first offers; information exchange; negotiating strategy and techniques; obstacles and impasse and how to overcome them; negotiating ethics; and how to use negotiations as durable and effective problem solving. Course design: In the “larger group” portion of the course, which is typically a Monday class, the students enrolled in the different sections of PSI meet collectively to discuss the week’s assigned readings. In the Lab portion of the course, which is a “double class” (100 minutes) later in the week, students apply that reading in actual (simulated) client counseling and negotiation settings, obtaining in-depth training in these skills. Students have the opportunity to self-critique, with the aid of some videotaped exercises, in this smaller, supportive environment. Grades are based on class participation (preparation, answers and volunteer comments, etc.), professionalism (attendance, being on time, collaboration, etc.), effort and skill, exercises, a conflict journal, and an exam. Some materials are allowed in the final exam; it is a partially open-book exam.

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CLIMATE CHANGE (2 credits) ENVL-372
The Climate Change Course will survey the current state of International, Federal, State, and local laws intended to address the global challenge of Greenhouse Gas Emissions. Topics covered include: (1) the Kyoto Protocol (its provisions, implementation and future); (2) litigation under federal environmental statutes (e.g. the National Environmental Policy Act, Endangered Species Act, Clean Air Act, and Clean Water Act) and common law principles to address Green House Gas Emissions and current proposals for federal legislation; (3) state, regional and local initiatives to address these concerns in the absence of a federal approach. A brief overview of relevant statutes is provided so prior environmental courses are not a prerequisite.

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COMMUNICATION AND CONFLICT MANAGEMENT SKILLS FOR FAMILY LAW ATTORNEYS (2 credits) FAML-370
This course is designed to prepare law students to fulfill their individual purpose as a future attorney and to serve society as effective communicators and problem solvers, particularly in family law cases, but not necessarily limited to family law, because the skills taught are applicable everywhere. We will examine individual purpose in deciding to become a lawyer because this drives how one acts as a future attorney. Then, we will examine the nature of conflict and observe conflict in the courtroom and by speaking with practicing lawyers. Finally we will study a system of effective communication derived from the work of the Harvard Negotiation Project so that each student has the skills to develop into an effective communicator. Feeling confident in one's conflict resolution and communication skills enhances the quality of practice of law in our communities and brings more individual satisfaction to the practice of law.

The format of the class will be lectures and group discussions. There will be a number of guest speakers. We will read several books and articles. Students will be asked to observe and reflect on their own and other's behavior and write several reflective papers, including perceptions of conflict in a film or other recorded media. Each student will also be required to present orally, in class, what personal changes they seek to make in their communication and conflict resolution style as a result of the course experience.

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COMMUNITY DEVELOPMENT AND ENTREPRENEURSHIP CLINIC (4 credits) BUSN-400 (Fall and Winter)
Law students will be teamed with Management students from the Albers School of Business to assist local residents with new and existing business ventures. Clients will be referred to the Clinic by area microlenders. Interdisciplinary student teams will work with law and business faculty and also volunteer mentors from the legal and business communities. Students will need to be available outside of class time for meetings with clients, partners, supervising faculty and others involved in the projects. Class sessions will emphasize principles, skills and values in forming a company from both business and legal perspectives, and will provide an opportunity to pinpoint and discuss significant issues or themes arising in the course of the client representation. The Clinic will run 10 weeks in the fall and 10 weeks in the winter, consistent with the University’s (i.e., not the Law School’s) standard Academic Calendar. Prerequisite or co-requisite: Business Entities. Students must meet the Law Clinic's conflict of interest rules.

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COMMUNITY PROPERTY (2 credits) PROP-310
This course covers the relationship necessary for creation of community property, classification of property as community or separate, management and control of community assets, rights of creditors to reach community and separate property, and disposition of property upon dissolution of the community.

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COMPARATIVE CONSTITUTIONAL LAW: FREEDOM OF EXPRESSION (1 credit) CNLW-420
This short course will consider the recent phenomenon of the Supreme Court of the United States "borrowing" foreign legal precedents to define and protect fundamental human rights in the United States. After considering the issue in a generic sort of fashion, we will consider freedom of expression as a specific potential area for the borrowing of foreign jurisprudence. We will examine the free speech jurisprudence in the United States to establish a baseline, and then proceed to look at free speech principles in Canada, Germany, Japan, and the United Kingdom. The exercise should provide insights into two important questions: first, would borrowing enhance or reduce the net protection afforded freedom of expression in the United States; and second, is there any "central meaning" or universally applicable understanding of what a commitment to protecting freedom of expression actually entails? Course materials will include a supplement comprised of cases and law review article excerpts and a book, The First Amendment in Cross-Cultural Perspective (New York University Press 2006 & 2009). At the conclusion of the course, students will be familiar with the principal arguments for and against comparative constitutionalism in general and, more particularly, in the specific area of freedom of expression. Prerequisite: Constitutional Law.

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COMPARATIVE ISSUES IN CORPORATE LAW (2 credits) BUSN-372
This course critically compares some key aspects of US (Delaware and federal) corporate law by way of critical comparison to corresponding rules in overseas jurisdictions. The principal focus of the comparative study will be the United Kingdom, which shares fundamentally similar legal and market characteristics to the US. However we will also look at aspects of European Union law and policy, plus select features of civil law systems such as Germany. Issues covered will include the jurisprudential definition of the corporation/company/enterprise within different legal and politico-economic environments, the relative balance of power between shareholders and management, comparative perspectives on takeover regulation (especially US v UK/EU approaches), directors' duties, and worker representation/co-determination. We will also study the international corporate convergence debate including developments in post-communist transitional economies. An additional source of interest will be the relative merits of different rule-making techniques in the field of corporate law: we will contrast US-style competitive federalism, UK-style informal conformance, and EU-style cross-border harmonization as competing regulatory models. The emphasis throughout will be on determining the respects in which different national systems of corporate law can potentially learn from one another, while at the same time respecting the significant obstacles to successful cross-importation of 'foreign' rules and structures.  

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COMPARATIVE LAW: THE MIDDLE EAST (2 credits) INTL-350
Examination of the history, structure and institutions of Islamic law, civil law, common law and socialist legal systems in the Middle East. Although several class meetings and individual research may examine substantive law, emphasis is on study of legal systems and traditions. The primary focus will be major contemporary challenges such as the tension between secular civil law and Islamic tradition (with particular emphasis on Turkey, Iran and Saudi Arabia), the Israel-Palestine conflict and institution building in Iraq.

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COMPLEX CIVIL LITIGATION (3 credits) CIVL-380
This is an advanced civil procedure course.  It will examine the doctrinal and practical aspects of complex civil litigation.  The course will cover topics including multidistrict litigation, complex joinder issues, issue and claim preclusion, choice of law and choice of forum issues, management of complex litigation, and will have an extensive focus on class action litigation.  Students will have an opportunity to develop their written and oral advocacy skills through participation in the briefing and mock argument of a class certification motion.

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COMPREHENSIVE PRETRIAL ADVOCACY (4 credits) ADVC-300
Using a mock case as a context, students develop patterns of thought and hands-on ability in interviewing, counseling, negotiation, oral advocacy, and drafting of pleadings, discovery and motions. Problem solving, decision making, and the professional role of the lawyer are emphasized. Alternatives to trial, such as mediation, are discussed. The small size of the class (24 students) allows a high level of student participation in discussion and role-play. Prerequisites: Legal Writing II. Pre or co-requisite: Evidence.

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COMPREHENSIVE TRIAL ADVOCACY (4 credits) ADVC-305
Comprehensive Trial Advocacy is an advanced course taught in the context of a mock civil or criminal case. Students use their pretrial skills to integrate theory with trial practice. Students, by role playing and performing in class, learn trial skills: voir dire, opening statement, trial motions, direct and cross examination, closing argument, trial notebook, trial brief and jury instructions. Organized in law firms, students prepare and participate in a one-day simulated jury trial. Prerequisite: Comprehensive Pretrial Advocacy. Note: Students may not receive credit for both Comprehensive Trial Advocacy and Trial Techniques.

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COMPUTER CRIME (3 credits) CRIM-325
This three-credit course offers an in-depth introduction to and survey of the legal issues presented by the advent of the Internet – issues that are relevant to judges, legislators and legal practitioners, both criminal and civil. A particular emphasis will be placed upon criminal, tortious and other anti-social behavior on the Internet. The class will explore the tension that exists between the competing values of individual privacy and the needs of a civilized society to hold persons accountable for destructive, anti-social acts. The class will begin with an introduction to basic technology of the Internet, how it works and what information is available. Topics covered will include a survey of crimes in cyberspace, including: computer hacking; threats and cyber-stalking; viruses, worms and Trojan horses; online economic espionage and information warfare; and intellectual property violations. Substantial attention will be paid to evidence-gathering techniques in light of constitutional and statutory privacy protections. Among the topics discussed will be the law of search and seizure as it applies to computers and networks, privacy in the work-place, statutes governing the gathering of electronic evidence from third party service providers, and the laws governing electronic surveillance and other real-time evidence-gathering techniques. No prerequisites are required, although students will be expected to participate in a moderated online bulletin board or mail group.

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CONFLICT OF LAWS (2 credits) CIVL-300
A concentration on the problems created for the practicing lawyer by the existence of 51 or more law-making jurisdictions within the United States. The course treats three major problems: (1) Choice of the applicable law, (2) recognition and enforcement of foreign judgments, and (3) judicial (service) jurisdiction. The course deals with the "conflict revolution" that has characterized decisional law and scholarship in recent years.

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CONSTITUTIONAL LAW (4 credits) CNLW-200
This course must be taken Fall Semester, 2nd year. Generally, the course will cover the powers of the Supreme Court (both constitutional and political), the powers of the Congress, the powers of the President, and individual rights (due process and equal protection).

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CONSTITUTIONAL LAW OF TERRORISM (2 credits) CNLW-410
This seminar course will explore the constitutional law aspects of the “War on Terror” by focusing on case study prosecutions such as U.S. v. Ahmed Ressam, U.S. v. James Ujaama, as well as the Padilla and Hamdi proceedings. Guest speakers will include prosecutors, defense lawyers, and judges associated with high profile terrorism cases. The course will critically review key terrorism statutes such as 18 U.S.C. Sec. 2332 (Terrorism) and 2339 (Material Support), and the USA P.A.T.R.I.O.T. Act. The constitutional implications of the Padilla and Hamdi cases will be reviewed and discussed by seminar participants with the assistance of expert guest lecturers. Seminar participants will be expected to complete a research paper and the course grade will be based in part upon the quality of class participation. Prerequisite: Constitutional Law.

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CONSTRUCTION LAW (2 credits) PROP-320
This course is intended to provide a broad overview of basic concepts in construction law. It is anticipated that the following topics will be covered: contract formation; design professional liability; owner liability (interference, plan adequacy, coordination of multiple primes); contractor liability (site inspection, job site safety); construction changes & contractor claims (differing site conditions, acceleration, lost productivity, delays, defects, cardinal change, change orders); negligence and warranty claims; issues in subcontracts (paid-when-paid and conduit clauses); time (notice to proceed, substantial completion, scheduling clause, notice of claims); limitations of liability, disclaimers & indemnification; termination; liens; statute of limitations & repose; damages (actual, liquidated, mitigation, economic loss rule, quantum meruit, rescission); and, technology & liability in design & construction. Emphasis will be placed on coverage of the topics generally rather than on detailed analysis of any one area.

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CONSUMER LAW (3 credits) COMM-310
This course examines issues particular to consumer transactions in formation, substance and remedies. Topics include: common law consumer issues; FTC and state statutory approaches to consumer protection; constitutional limits on advertising regulation; the Truth in Lending Act; abuses in the marketplace, such as bait-and-switch advertising, pyramid schemes and unconscionability; Internet-based fraud, the Fair Credit Reporting Act; warranties; privacy; identity theft; spam; spyware and predatory lending. We will examine the evolution of consumer law as well as the economic and social policies behind it, and also focus on the practical application of the law.

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CONTEMPORARY ISSUES IN INDIAN LAW (2 credits) INDL-380-A
This seminar will explore and analyze the changes that are occurring in Indian law as a result of decisions by the U.S. Supreme Court and statutes enacted by the U.S. Congress. Indian law is among the oldest and most complex areas of federal law. Unlike many other areas of federal law, it undergoes periodic change that reflects shifting federal policies, the conflicts between tribal governments and other units of government and the ever changing economic and social environment both on and off of Indian lands. The course will offer a framework for understanding the changes in Indian law through an analysis of the foundational doctrines of Indian law and the way in which the courts and the Congress are applying those doctrines to shape contemporary Indian law and policy and resolve disputes involving Indian tribes. The content of the course will reflect current developments in areas such as the trust responsibility; protection of cultural resources; religious freedom; taxation; business activities; land status; regulation of the environment; tribal, state and federal civil and criminal jurisdiction; and the regulation of gaming. The course will be of most interest to students who plan to practice in the area of Indian law. Requirements for the class include preparation and presentation of a paper and informed class participation. Federal Indian Law (INDL-300) is a prerequisite for this course.

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CONTRACTS (3 credits) CONT-100 (Fall) CONT-105 (Spring)
Enforceable agreements, including requirements for the formation of a contract; problems of interpretation; consideration and its equivalents; damages for breach; the statue of frauds; illegality; rights and liabilities of third parties; delegation of contractual duties.

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