Information for:


Seattle University School of Law

Course Offerings Fall 2008 - Present

ACCOUNTING FOR LAWYERS (2 credits) LPRC-315
This course explores fundamental concepts, processes, and vocabulary of accounting, auditing, and financial analysis. All lawyers, not just those with a business or tax practice, can benefit from the abilities to read financial statements with comprehension, to deal competently with accounting issues as they arise, and to communicate effectively on accounting-related subjects. This course is designed to help students develop these basic skills, with an emphasis on their application in matters of practical concern to lawyers. Neither a background in mathematics nor prior knowledge of accounting is necessary for this introductory-level course.

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ADMINISTRATIVE LAW (3 credits) ADMN-300
This is a survey course designed to introduce students to the powers and limitations of administrative agencies and the legal and political mechanisms which regulate them. Emphasis will be placed on coverage of a broad range of topics rather than upon detailed analysis of any particular area. The course's function in the curriculum is to serve as a building block for advanced courses in particular regulatory areas. Students will gain a basic familiarity with the structural and procedural arenas in which administrative agencies operate. Advanced courses can therefore begin with the assumption that students have this basic understanding and proceed quickly to more detailed coverage of the issues as they arise in that particular regulatory context.

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ADMINISTRATIVE LAW CLINIC (3 credits) ADMN-400
Students will represent clients in administrative hearings before Washington State Administrative Law Judges. Student teams must maintain office hours in the Clinic offices two days a week for a total of four hours a week on Tuesdays, Wednesdays, or Thursdays between 10 a.m. and 5 p.m. The days and times for office hours will be determined based on each student team’s schedule. Students will be required to attend a clinic class one day per week. Pre or Co-requisite: Administrative Law. Students must meet the Law Clinic's conflict of interest rules.

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ADMIRALTY (3 credits) ADMR-300
In an age when information travels the globe instantaneously and people can travel to almost anywhere worldwide in less than a day, crossing the oceans in ships still takes about the same amount of time as it did 100 years ago. International transportation of everything from cars to computers occurs almost exclusively by water. It is only a matter of time before practitioners encounter Admiralty principles. This course is intended to provide a broad overview of the origins, development, and current status of admiralty law in the United States. The following topics will be discussed: sources of admiralty law; admiralty jurisdiction; maritime torts; maritime bodily injury; maritime contracts; maritime commercial instruments; maritime liens; marine insurance; maritime transportation; pollution; and, miscellaneous maritime issues that do not otherwise fit into the above general categories. Guest practitioners will supplement typical class study. Grading will largely be based on a combination essay and objective question final exam.

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ADOPTION LAW AND PRACTICE (2 credits) FAML-320
This course will focus on laws pertaining to the adoption of children, and the current practice of adoption law. Topics covered will include the history and evolution of legal adoption in the United States, with particular attention to the constitutional jurisprudence surrounding the termination and relinquishment of parental rights; the evolution of "best interests of the child" as an area of major emphasis in adoptive placement; the confidentiality of adoption records and the rise of "open adoption"; adoption fraud and the policy considerations surrounding birth parent financial assistance; transracial and transcultural adoption, with particular attention to the Indian Child Welfare Act and Multiethnic Placement Act; international adoption and issues surrounding the Hague Convention on Intercountry Adoption; and examination of the status of state laws governing adoption by gay and lesbian prospective parents. This course will also examine legal ethics as it relates to all areas of adoption practice.

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ADVANCED CONSTITUTIONAL LAW: FIRST AMENDMENT DOCTRINES (3 credits) CNLW-320
This course examines past and present law regarding the freedoms guaranteed by the First Amendment, with the primary focus on the freedoms of speech and press. Topics covered include: development and evolution of the “clear and present danger” test, speech which angers others, hostile audiences, the fighting words doctrine, symbolic speech, permissible limitations on the speech of governmental employees, access for speech purposes to government property, content regulation versus time/manner/place restrictions, coerced speech and the right to remain silent, anonymous speech, campaign speech, libelous speech, obscene speech, hate speech, commercial speech, the free speech rights of students, prior restraints, vagueness and overbreadth concerns, and limitations on taxation of the press. There will be some analysis of the differences between article 1, section 5 of the Washington Constitution, which guarantees the right to “speak freely” on all subjects, and the language of the First Amendment. To a lesser extent, as time permits, we will address the free exercise of religion clause and the establishment clause of the First Amendment. No other country in the world tolerates as much freedom of expression as the United States. This course asks, why is that? What is so advantageous about giving people so much freedom of speech? Is it such a good idea? What are we sacrificing in order to preserve such freedom? Have we overdone it, or have we not gone far enough? Prerequisite: 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.

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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 ELDER LAW (2 credits) ESTA-315
This course builds on the basic knowledge provided in Elder Law, and will provide a rigorous introduction to the practical aspects of elder law. The Advanced Elder Law Seminar seeks to duplicate the experiences a lawyer is likely to face in a small law office which serves mostly senior citizens. This course will utilize a problem-based learning model to simulate the challenges Elder Law attorneys face in formation of the attorney-client relationship, planning for incapacity and drafting Durable Powers of Attorney, drafting Wills for seniors including Wills with Special Needs Trust provisions, drafting and funding Intervivos Special Needs Trusts, establishment of a Guardianship and the Guardianship process, establishing Medicaid eligibility for a spouse, establishing Medicaid eligibility for a single person, and handling adult protection issues. Prerequisite: Elder Law (ESTA-310, formerly ELDL-300).

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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 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 IMMIGRATION LAW (2 credits) IMMG-310
This two-credit course will continue to explore and analyze the immigration law concepts introduced in the basic immigration course, including asylum/refugee law, deportation and judicial review procedures, and citizenship issues. In addition, the course will examine current issues in immigration law, including immigration-related litigation and immigration reform. The course will address both policy issues and practical aspects of immigration law. The course will utilize case and scholarship analysis, role playing exercises, student presentations, and other techniques. Prerequisite: IMMG 300 (Immigration Law).

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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 POVERTY LAW SEMINAR (2 credits) POVL-410
This seminar will examine the complexities and multiple dimensions of civil equal justice for society's poorest and most disadvantaged communities.

We will explore: 1) Historical contexts, including organic founding principles and values underlying the nation's commitment to equal justice; 2) Frameworks for strategic and systems-thinking about how to address disparate treatment and disproportionate poverty using the law and the justice system as essential social justice vehicles; 3) The practical, concrete skills needed for productive and effective equal justice engagement; and 4) The leadership capacities needed to broadly promote equal justice for all.

The class format will be that of a seminar focused heavily on class discussion of readings, materials from actual civil equal justice client advocacy and equal justice initiatives, and guest lectures. The final grade will be based on class participation, short papers, and a final assignment or project. This seminar is limited to 20 students. Prerequisite: Poverty Law or Public Benefits Law.

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ADVANCED PROBLEMS AND ISSUES IN CORPORATE LAW (1 credit) BUSN-382
This one-credit course is divided into three parts. Part One explores the question of who should make corporate law. Specifically, we will discuss scholarly theories addressing whether the states or the federal government would best regulate corporate matters, and we will consider Delaware's prominence in corporate law. Part Two examines topical aspects of Delaware statutory and judge-made corporate law. We will study the inner workings of expedited and summary litigation, problems in the organization and functioning of a corporation (focusing on management and control), and mergers and transfers of control (including hostile acquisitions, tender offers, going private transactions, and defensive tactics). Students also will participate in an oral argument as advocates and judges in a real lawsuit involving an 8 Del. C. § 220 books and records trial in which students will balance the interests between allowing shareholder access to company documents that may be used to protect shareholder interests and preventing undue interference with managerial duties of the board and officers. Finally, in Part Three we will examine the power of stockholders to adopt bylaws, shareholder access proposals, and the recent Delaware Supreme Court decision on that subject. Grades in this course will be based on a short paper that focuses on the below mentioned course materials and class lectures. Class attendance and participation are required. Prerequisite: Business Entities.

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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 COMMERCIAL LAW: COMMERCIAL LITIGATION (2 credits) COMM-380
The program will be based on a fictitious case file involving a dispute between two companies. Through significant hands-on participation, students will be guided through the strategic decision-making process of commercial litigation from the initial client interview and intake, commencing the lawsuit, responding to the lawsuit, written and documentary discovery, depositions, and motions practice. Students will also have the opportunity to develop their written and oral advocacy. Prerequisites: Legal Writing II.

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ADVANCED TOPICS IN HEALTH LAW: LAW, MEDICINE AND ETHICS AT END OF LIFE. (3 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, patient choice to receive aggressive pain and palliative care, and to choose to hasten death with medical assistance beyond refusal or removal of life sustaining interventions. We will examine whether there is a 'right' to receive adequate pain management, and explore:

We will examine whether there is a 'right' to receive adequate pain management, and explore:

  • Why do 50% of hospitalized dying patients report untreated pain in their last days of life when relief is available for almost all patients with application of modern pain management practices and medications?
  • How has the 'war on drugs' impacted pain management?
  • What is the role of professional boards in this context?
  • Can professional discipline and accountability bring improvement?
  • What is the role of the tort system?
  • Can legislation promote good pain management?

Health Law I, Elder Law or Constitutional Law are preferred, but are not required.

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ADVANCED TOPICS IN INTERNATIONAL LAW: THE NUREMBERG TRIALS AND THEIR LEGACY (2 credits) INTL-410
The course examines in depth one or more issues or areas of international law. Students are asked to prepare three two-three-page papers that respond to one or more of the readings for the class and to lead a discussion of those readings. In addition, students are asked to write a 12-15-page paper on a topic of their choice and to present that paper before the class.

During the spring 2009 semester, we will examine the Nuremberg Trials and their legacy for international law. Prerequisite: Public International Law.

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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.

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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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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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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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ASIAN AMERICANS AND THE LAW (2 credits) JURS-367
This seminar provides an overview of contemporary legal issues facing Asian Americans, including the historical treatment of persons of Asian ancestry by courts, legislatures, the executive branch, and the electorate. The seminar will also examine the positioning of Asian Americans within traditional civil rights work, liberal legal scholarship, and critical legal theories. There are no prerequisites.

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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
The course considers the rights of debtors and creditors when debtors fail to pay their obligations. Unless a bankruptcy petition has been filed, a creditor has a number of remedies under state law for enforcing a debt. These remedies involve proceeding against the debtor's property to sell the property and satisfy a creditor's claim. The course examines such remedies and the relationships among creditors, both secured and unsecured. Also treated are exemptions which allow debtors to retain certain kinds of property from creditors' claims.

If a debtor is unable to pay its debts and a bankruptcy petition is filed, a debtor's rights and creditors' remedies are determined under the United States Bankruptcy Code. The course considers the rights of both parties under that code when the debtor is an individual and when the debtor is a business. When the debtor is an individual, he or she may seek to have his or her debts discharged, in which case the person's assets that may be claimed by creditors are collected by the debtor's trustee, the property is sold, and the creditors are paid from the proceeds. The course analyzes the nature of this process, including items of property that are exempt from creditors' claims and those obligations of the debtor that are exempt from being discharged. Also analyzed by the course are wage earner plans in which the debtor's future income is scheduled to repay the person's debts.

If the debtor is a business, the Code provides either for liquidation of the debtor's business with creditors paid the proceeds of the liquidation, or in the alternative, the debtor may seek to reorganize its debts by extending the period of payment and reducing the amounts to be paid. The course treats both of these alternatives, considering in each type of proceeding which obligations and transfers of property the trustee may set aside for the benefit of all creditors and the power of the trustee to prevent creditors from enforcing claims against the debtor outside the bankruptcy proceeding. Where there is a reorganization of a debtor's obligations, the course considers the issues surrounding the development, adoption and implementation of a reorganization plan.

The course is essential for students considering a practice involving the creation or enforcement of debt obligations. It is also very important for those in a general business or commercial practice because a lawyer in those practices needs to consider the consequences that will ensue if a debtor fails to pay.

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BANKRUPTCY CLINIC (1 credit) BANK-400
Students in this clinic will work with an experienced bankruptcy attorney supervisor and will interview and represent two to three clients who are seeking relief from their debts. Students must participate in a half-day orientation at the bankruptcy court. This orientation is usually held on a Friday morning during the first month of the semester. Students will also be required to attend Clinic classes one day a week and to meet regularly with their attorney supervisor at his or her office. Students will also have the opportunity to participate in an evening debt clinic run by local practitioners. Questions about this clinic should be addressed to Adjunct Professor Cynthia A. Kuno at ckuno@crockerkuno.com. Prerequisite or co-requisite: Bankruptcy Law. Students must meet the Law Clinic's conflict of interest rules.

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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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BEVERAGE LAW (2 credits) BUSN-362-A
The purpose of this course is to provide insights into contemporary legal issues related to regulated beverages, particularly wine. We will identify and investigate the cluster of legal principles whose application is affected by the nature of the goods, including antitrust, capital formation, constitutional law, the law of sales, and intellectual property, as well as specific regulation of products containing alcohol. The course will touch on the historical and sociological underpinnings of U.S. beverage law, but will focus primarily on business transactions related to the manufacture, importation, distribution, sale and marketing of wine, beer and spirits and the role of state and federal regulators. Completion of the course will equip the student to understand the challenges of conducting business in a substantial and growing business sector with a rapidly evolving legal environment. A prior course in Administrative Law is recommended but not required.

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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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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 LITIGATION (3 credits) CNLW-410
Enforcement of our nation’s civil rights laws is largely dependent upon the filing of cases and advocacy efforts by members of the private bar and non-profit advocacy organizations. This course will provide an exposure to the types of skills and experiences that are necessary to maintain such actions. This course is designed for the future solo practitioner and attorney in a small firm. Areas that will be covered include the importance of time management, creating and maintaining accurate financial and time records, the power of leveraging resources that are necessary to prepare a case for trial, the development of people skills, and other topics that relate to the management of a law office that is to engage in long-term civil rights contingency fee litigation. In addition, the course will focus on those Federal Rules of Civil Procedure that play a prominent role in civil rights litigation. These rules will be discussed in the context of preparing a litigation strategy that will advance the objective of the litigation. A critical facet of such a litigation strategy will be the effective use of injunctive relief. Accordingly, the seeking of temporary restraining orders, and preliminary and permanent injunctive relief, along with procedures providing for immediate appellate review of denials of such orders at the Circuit Court and United States Supreme Court levels will be discussed. The course will discuss all of these matters within the context of one or more substantive areas of civil rights enforcement.

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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 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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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 & PRIVACY (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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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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COPYRIGHT LAW (2 credits) INTP-320
An introduction to the major concepts of past and present U.S. and international copyright laws, moving to a more advanced analysis of specific copyright issues in the global entertainment, software, on-line arts, and media industries. Prerequisite: Intellectual Property.

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CORPORATE ACQUISITIONS (3 credits) BUSN-305
This course will begin with a brief overview of the financial techniques used by lawyers, investment bankers, and corporations to evaluate proposed acquisitions of capital assets. We will then consider the possible motivations for such acquisitions. No math is involved and no economics beyond the introductory college level course. The remainder of the course is a consideration of the legal (but non-tax) issues concerning corporate acquisition transactions in both friendly and hostile settings. Some of the doctrinal issues under state corporate law such as the equivalency problem (de facto mergers) and sale of control by a controlling shareholder will be familiar from the Business Entities course. Our consideration of those issues here will be more intense and better informed than in the basic course. Finally, we will examine the federal regulations governing tender offers and proxy contests. Throughout the course a recurrent emphasis is on the lawyer as planner and counselor rather than the lawyer as adversarial advocate. Prerequisite: Business Entities.

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CORPORATE AND PARTNERSHIP TAX (4 credits) TAXL-305
The course will compare federal income tax consequences resulting from use of the two primary forms of business entity - corporation vs. partnership. Consideration will be given to formation, operation and liquidation of the entity, as well as consequences to the owners - shareholders and partners. All students who may be involved in general practice, business practice, or business litigation should take this course. Prerequisite: Individual Income Tax. Business Entities is recommended but not required.

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CORPORATE FINANCE (3 credits) BUSN-315
Examines typical methods of, and legal issues involving, raising capital for companies, including venture capital, private placements of securities, public offerings and debt and loan financing. The course will examine the reasons companies engage in different types of corporate finance transactions, and will be an in-depth look at requirements of state and federal securities law, including exemptions from registration, registration with the SEC, and disclosure requirements. Prerequisite: Business Entities.

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CORPORATE GOVERNANCE (3 credits) BUSN-340
Put simply, corporate governance refers to the myriad ways in which companies are directed and controlled. This course will study corporate governance systems in the United States (primarily), but will also survey corporate governance structures abroad by way of comparison. We will study the legal and practical systems for the exercise of power and control in the conduct of the business of a corporation, including in particular the relationships among the shareholders, the board of directors and its committees, the executive officers, and other constituencies (including employees, communities, major customers and suppliers, and "society"). As one author has noted: "If the companies in which wealth is accumulated are poorly governed, if their resources are inefficiently used, if their managements are inept or if the power of their management becomes channeled in a way which conflicts with the company's interests, all stakeholders and society suffer, not just the "owners" of the enterprise. It is therefore important that within every company there are means of ensuring that resources are used efficiently and in a manner that ensures the achievement of the company's objectives and its ability to contribute to the common good." The International Task Force on Corporate Governance of the International Capital Markets Group, International Corporate Governance: Who Holds the Reigns ? 1 (1995). These questions are timeless ones, but they are also timely given the current rash of disclosures of corporate malfeasance at companies such as Enron, World-Com, and others. This course is recommended for those students pursuing an interest in business and/or commercial law, as well as those students interested in issues of corporate accountability more generally. Prerequisite: Business Entities.

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CORPORATE LAW APPELLATE LITIGATION (3 credits) BUSN-370
Students learn about corporate law, and about appellate litigation, through experiencing the roles of both oral advocate and Delaware Supreme Court Justice in connection with currently pending Delaware Supreme Court cases and the actual briefs filed therein. Our focus is on Delaware because it is the “home” for two-thirds of this nation’s publicly-traded companies. As a result, Delaware’s Supreme Court receives a steady stream of significant cases which are argued by America’s most skilled appellate advocates. Consequently, the Delaware Supreme Court is to corporate law practitioners as the U.S. Supreme Court is to constitutional law specialists - not only the most prestigious practice venue, but also the best place to learn the “ins and outs” of both substantive corporate law and appellate litigation. This course should be of particular interest to any student interested in a commercial litigation, appellate litigation, or corporate law practice (whether transactional or litigation oriented).

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CORPORATIONS, LAW AND SOCIETY (2 credits) BUSN-350
This advanced research seminar examines the nature of the modern corporation and its relationship to law and society. The seminar will critically evaluate the claim that the modern corporation has given birth to a corporate system that both undermines the ideology of free market capitalism and supplants the nation state as the dominant form of social organization. Readings will be extensive, ranging from the seminal early work of Frank Knight and Berle and Means to the very recent work of leading scholars such as Sheldon Wolin. Students are expected to write a brief critique of the readings each week and to write a substantial research paper. The last weeks of the seminar will be devoted to presentation and class critique of the student papers. Enrollment is limited to 12 students. Prerequisite: Business Entities or permission of instructor.

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CRIMINAL LAW (4 credits) CRIM-100 (Summer or Fall only)
Substantive criminal law and elements of criminal responsibility. Topics include law of homicide and other crimes; determination of guilt; principles of justification, including the insanity defense.

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CRIMINAL PROCEDURE ADJUDICATIVE (3 credits) CRIM-300
This course will examine issues of criminal procedure relating to trial, as opposed to investigation. Topics addressed include the prosecutor's decision to charge; probable cause review prior to trial; probable cause hearings, grand jury review, the formal charging document, venue and jurisdiction; the scope of prosecution including lesser included defenses and double jeopardy; speedy trial rights; discovery and disclosure of both prosecution and defense; the law of guilty pleas and law and practice covering the various phases of a criminal trial including voir dire, opening statement, presentation of evidence, motions to dismiss and opening statement and closing arguments.

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CRIMINAL PROCEDURE INVESTIGATIVE (3 credits) CRIM-305
This course will examine issues of criminal procedure that arise under the United States Constitution during the investigative phase of criminal cases: arrest, stop and frisk, search and seizure, interrogatories and confessions, informants, eavesdropping, and electronic surveillance.

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CRITICAL PERSPECTIVES ON TRANSGENDER LAW (2 credits) JURS-372
This course will introduce students to the key legal issues facing transgender people while also engaging critical race studies, critical disability studies, and feminist perspectives on various law reform strategies for addressing these issues. We will consider what role law reform has in social movements, what impact anti-discrimination and hate crimes laws have had on communities most vulnerable to gender oppression, and what alternative legal strategies are being proposed by advocates seeking to build anti-racist, feminist, cross-class, cross-ability resistance to trans oppression. Our inquiry will include a critical analysis of the roles of lawyers and of non-profits in social justice struggles.

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DISABILITY LAW (2 credits) DSBL-300
The law of disability discrimination is very broad and covers a myriad of substantive legal areas, any of which could be studied separately in depth. This course will provide an introduction to and survey of the relevant constitutional, statutory, and case law applicable to people with disabilities in the areas of employment, housing, telecommunications, transportation, public accommodation, fundamental rights, and education. The course will provide students with an in-depth understanding of the Americans With Disabilities Act (ADA); other federal statutes will also be discussed, including the Individuals With Disabilities Education Act (IDEA), the Rehabilitation Act of 1973, and the Fair Housing Act Amendments. Employment Discrimination is recommended, but not required.

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DISPUTE RESOLUTION (3 credits) ALDR-300
This course explores the theory, issues, processes, and techniques of client interviewing, client counseling, negotiation, arbitration, mediation, litigation, and new and emerging dispute resolution processes. We study the strengths and uses of each process and how to choose among them for various types of disputes. As an attorney, you will need to advise your clients about these processes, recommend which meets the needs of each individual client and dispute, and participate in them as an effective advocate. The course includes some practical application of skills such as role-plays, interviewing and advising clients, and negotiations. This is a survey course, and not an applied professional skills course.

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DOMESTIC VIOLENCE (2 credits) FAML-330
Lawyers encounter domestic violence issues in a variety of practice areas. This course will provide an overview of the many ways in which intimate partner violence and the law intersect. Through readings, small group and classroom discussions, and guest speakers, we will examine the legal system’s response to domestic violence including civil matters (such as family law, immigration law, protection and other restraining orders, torts) and criminal matters (such as primary aggressor and mandatory arrest policies, victim/defendant issues, particular challenges of stalking and sexual assault cases). This course will also explore ethical and social issues related to domestic violence and offer practical considerations for any future practitioner.

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DOMESTIC VIOLENCE CLINIC (6 credits) FAML-430-A
Students in the Domestic Violence Clinic represent domestic violence survivors who are seeking protection from abuse, typically through orders for protection. Protection orders typically prohibit abusers from contacting, coming near, or committing acts of domestic violence against the survivors and their children. Courts may also award child custody, require the respondent to vacate a shared residence, mandate that the respondent participate in the domestic violence perpetrator treatment program, and provide other relief necessary to prevent violence. Working in teams of two, students will conduct initial interviews, counsel clients regarding legal and non-legal options, and file pleadings. Students will perform legal research and fact investigation, negotiate with opposing counsel, and may conduct evidentiary hearings and oral arguments. Some students in the Domestic Violence Clinic may represent clients petitioning to change their immigration status under the Violence Against Women Act.

Under clinic faculty supervision, students will have the opportunity to represent several clients during the semester, to assist clients with legal remedies and their immediate safety needs, to problem-solve concerning the barriers to leaving an abusive relationship, and to evaluate the benefits and limits of these interventions into the complex problem of domestic violence.

The classroom component of the Domestic Violence Clinic meets twice a week. The seminar addresses the theory and practice of advocacy, along with the dynamics of domestic violence and systemic interventions and responses. The seminar will be taught largely through discussion, simulations, and in-class exercises. Students will be expected to keep 9 hours of regularly-scheduled office hours each week. During these hours, students will be expected to work in the Clinic (e.g., meeting with their partner, supervising faculty, or clients; doing research; drafting pleadings; and preparing for trials or oral arguments). Given the responsibilities of representing clients, students should plan to spend an additional 10 hours per week on their cases. Students need to have sufficient flexibility to attend several court hearings during the semester.

Students must be Rule 9 eligible. Prerequisite: Evidence. Co-Requisite: Professional Responsibility. Recommended: Domestic Violence Law. Participation in the Clinic requires compliance with the Clinic's conflict of interest rules which, among other restrictions, preclude concurrent employment with certain agencies. Please read the conflict of interest rules on the Clinic website under "Rules and Regulations."

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DRAFTING LABS (1 credit) DRFT-300
The drafting labs offer an introduction to drafting for law practice. They are also good courses for those students who want additional experience applying substantive law in a practical setting. During the first half of the semester, students enrolled in the course meet once a week as a large group to learn basic drafting skills. During the second half of the semester, students apply and refine those skills by working in labs, under the supervision of a practicing attorney. In the labs, students draft documents related to the subject matter of their lab: e.g., students enrolled in the Business Law Drafting Lab will meet with a business lawyer to draft documents relevant to business lawyering, etc. This course must be taken pass/fail. Prerequisite or co-requisite: The matching substantive course, e.g., Trusts and Estate for Trusts and Estates Drafting Lab.

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EDUCATION LAW (2 credits) EDUL-300
This course is designed to provide students a broad overview of the legal issues, rights, and duties associated with providing the American public an education. The course will cover constitutional issues associated with students', teachers' and administrators' respective rights to exercise freedom of speech and freedom of association; religious freedom issues and the corresponding public school funding issues associated with parochial schools; and discrimination and equal protection issues that arise from actions and activities of both students and teachers.

Additionally, the course will address state school funding requirements and the various types of public school finance systems. The study of school funding inherently leads to a consideration of the legal authority, rights and responsibilities of school boards and administrators, and certification and other employment issues associated with teachers. From the balancing of these interests, law students will gain an appreciation for the complexity of the American public school system and the economic, social, and legal pressures that define and redefine that system.

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ELDER LAW (3 credits) ESTA-310 (formerly ELDL-300)
As our population has aged, and the complexity of legal needs has grown, a new area of practice has emerged--Elder Law. This course will examine the major issues affecting the elderly: income and asset protection, financing health care, long term care options, planning for incapacity, and elder abuse/exploitation. We will also look at common ethical considerations and concerns in representing older clients. We will take a practice-oriented approach, using hypotheticals, role playing, and real case examples to examine how to best advise and represent our elder clients.

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EMPLOYMENT DISCRIMINATION (3 credits) EMPL-315
This course covers legal prohibitions against employment discrimination based on one's race, color, religion, sex, origin, age, mental or physical ability. Sweeping changes have been made recently in the law of workplace discrimination. A large percent of the Supreme Court's docket in recent terms consisted of employment and labor cases. The world's first comprehensive declaration of equal treatment for persons with disabilities, the Americans with Disabilities Act, added 43,000,000 Americans to the groups protected against job discrimination and is profoundly impacting hiring and job assignment. There are differing opinions about what it means to "discriminate" based on factors such as sex, age, and race. The Civil Rights Act of 1991 triggers passionate response from proponents and opponents, and now provides for compensatory and punitive damages. This course addresses such issues arising from legislation forbidding employment discrimination based on race, religion, national origin, sex, pregnancy, age, and physical ability. The course is generally offered every spring.

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EMPLOYMENT LAW (3 credits) EMPL-300
This course covers the law of the workplace governed by contract and tort claims and discharge statutes other than statutes prohibitive discrimination. Employment Law covers such issues as:

  1. Erosion of employment at Will: Contract and tort theories restricting discharge, such as the tort of wrongful discharge, the Model Employment Termination Act, refusal to perform illegal or unethical work, whistleblowers, speech and political activity.
  2. Other workplace torts involving dignity on the job: intentional infliction of emotional distress, defamation, tort and constitutional claims of invasion of privacy (employee screening,
    surveillance, release of the true information, etc.).
  3. Administrative regulation of compensation: unemployment compensation and the Fair Labor Standards Act (minimum wage, overtime).

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ENVIRONMENTAL ENFORCEMENT (3 credits) ENVL-395
Environmental laws would matter little if not enforced. This course will introduce students to three formal mechanisms for enforcing environmental laws: administrative proceedings, civil litigation, and criminal prosecution. Through the framework of these three enforcement mechanisms, the course will focus on enforcement of major federal pollution statutes to protect land, air, water, and public health. Special topics in environmental enforcement will include federal facilities, citizen suits, and transboundary pollution. Reading materials will include judicial opinions as well as a variety of agency enforcement filings from cases concerning the Northwest. Guest speakers will share insights into particular subjects, such as criminal investigation, and provide diverse views, such as from state agencies and defense counsel. One or more field trips may also be offered to allow direct observation of the context, process, and results of environmental enforcement. Completion of Administrative Law and Environmental Law Fundamentals is recommended, but not required.

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ENVIRONMENTAL JUSTICE SEMINAR (2 credits) ENVL-380
This seminar explores issues of justice in the context of environmental law and policy. It considers distributive justice in the allocation of environmental benefits and burdens; exclusionary discrimination and cultural discrimination in environmental standard setting and enforcement; participation by communities of color and low-income communities and consultation with tribes in environmental decision making; and other issues. It examines the role of law in remedying the inequalities and deficiencies identified. Topics include claims based on equal protection theories; Title VI of the Civil Rights Act of 1964; the federal trust responsibility and treaties, in the case of tribes; executive commitments to environmental justice; and various environmental laws. The class format will be that of a seminar, focused heavily on class discussion of readings, video, case studies, and guest lectures. In addition to participation, the course requirements will be satisfied by a final paper or project. There are no prerequisites for the course. However, background in Environmental Law is recommended; background in Federal Indian Law, Administrative Law, and Civil Rights Law would also be useful.

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ENVIRONMENTAL LAW FUNDAMENTALS (3 credits) ENVL-300
This course will introduce students to the major federal laws aimed at protecting the human and natural environments. While discussing some policy issues throughout the semester, the course will focus on the environmental laws as they exist today. After considering some foundations in constitutional and administrative law, the course will proceed to examine the National Environmental Policy Act (NEPA), the Clean Water Act, Clean Air Act, and hazardous waste regulation. The course will also include introductions to the federal Superfund statute, to the Endangered Species Act, and to international environmental law.

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ENVIRONMENTAL LAW GROWTH MANAGEMENT (3 credits) ENVL-375
This Growth Management Seminar will cover land use from sprawl to smart growth, as addressed nationally but with a particular emphasis on Washington's Growth Management Act. The course will begin with a discussion of the problem of unregulated growth. It will then review the constitutional limitations upon land use controls. Responses to sprawl around the nation will be addressed and then the course will focus on the Washington State Growth Management Act. The course will require regular class participation, a written and oral presentation on an aspect of Growth Management, and review, comment and attendance at a local government hearing on a Growth Management issue. There will be no final exam. Pre-requisite is Constitutional Law. Administrative Law, and Land Use Planning are recommended only.

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ENVIRONMENTAL LAW NEPA/SEPA/ESA (3 credits) ENVL-315
The Washington State Environmental Policy Act (SEPA) is the central concern of this course, which comparatively considers the histories, statutory language, administrative regulations, judicial interpretation, and practical operation of SEPA with its federal counterpart, NEPA. The Endangered Species Act (ESA), which is a blueprint for environmental study with mandatory outcomes, is also extensively studied and contrasted with NEPA and SEPA. In addition to comparative study of federal and state legislation that ordains environmental protection through research of the impacts and effects of development, the course also considers the evolution of competing ideologies relevant to environmental quality and ecological orientation, common law doctrines with environmental protection purposes, and selected environmental regulatory legislation. Prerequisite or co-requisite: Administrative Law. Environmental Law Fundamentals is strongly recommended, but not required.

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EQUALITY, TRANSFORMATION AND SOCIO-ECONOMIC RIGHTS: A SOUTH AFRICAN CASE STUDY (1 credit) INTL-385
The Constitution of the Republic of South Africa is new. It was adopted in 1996 and is aimed at the achievement of a society in which there is true democracy. In broad outline, the course will examine international instruments, judgments of the Constitutional Court, in an effort to determine the progress that has been made in the furtherance of a society contemplated in particular by the Bill of Rights in the South African Constitution.

The course begins with an analysis of the exploitative, oppressive and unequal apartheid policy in South Africa as well as the struggle against apartheid to set the contextual basis for an appropriate evaluation. Attention will then be paid to the negotiating process in South Africa examining the major debates in the process. In the course of this examination the concepts of constitutionalism versus parliamentary democracy, a Bill of Rights, the vertical and horizontal application of the Bill of Rights and the importance of context in constitutional interpretation will be explored. These themes will be recurrent. Attention will also be paid to the process of constitution-making in South Africa.

Equality will then be developed as a concept and its application explored. The areas covered will include the meaning, importance and application of the equality principle in South Africa with reference to customary law, marriage, sexual orientation, and the reconstruction of South African society including affirmative action.

This reconstructive role will be examined more closely in the light of the social and economic rights provided for in the Constitution. These are the right of access to housing, food, water, social security and health. The nature of these rights, the importance of their enforcement in the process of reconstruction, their potential to contribute towards equality and the inter-relationship between these rights and others in the Constitution will be discussed.

The course will hopefully demonstrate the importance of a substantive notion of equality as well as social and economic rights in the process of the reconstruction of South African society. In the end, equality and socio-economic rights are fundamental to the values of the South African Constitution and are probably essential in the achievement of egalitarian societies everywhere.

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ESTATE PLANNING (3 credits) ESTA-305
The Estate Planning course is intended to be the capstone of the estate planning area, which includes Trusts and Estates, Gift and Estate Tax, Pensions, and Community Property among others. The course will explore planning problems for small, medium and large estates. There will be significant emphasis on choices of technique, form of ownership, taxable and non-taxable arrangements, married and unmarried individuals, and drafting. The drafting of documents and general estate planning problem solving will play a large role in the grade for this class. There may be either a final examination or a final drafting project. Prerequisite: Trusts and Estates; Pre or co-requisite: Gift and Estate Tax.

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ETHICS, LAW & CATHOLIC SOCIAL THOUGHT (2 credits) JURS-405
Ethics in legal education is often examined from the minimalist perspective that ethics is about following rules, and law is often treated in law schools from a purely positivist perspective. (In Austin’s famous formulation of legal positivism, law consists in nothing more than “commands backed by force.”) This course examines the nature of the law and of ethical action from a different and less minimalist perspective. Drawing on such classic texts as Plato’s Gorgias and Aquinas’s Treatise on Law, as well as modern texts, the course begins by raising basic philosophical questions about the nature of law and justice. It then examines the contribution of Catholic social thought to views on law, the nature of the human person, and ethics which will involve explorations of such notions as the common good, solidarity, subsidiarity, and the intrinsic dignity of human beings. The course does not presuppose a background in philosophy. It does presuppose a willingness to grapple with philosophical and faith-related questions. The format for the course is that of a graduate seminar. Students will read selected materials, participate in class discussion, and write several short and medium-length papers.

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EXTERNSHIPS
Externships are handled through the Externship Program. Externships refer to law-related placements outside the law school, where students do legal work for an agency or court and earn academic credit. Externships are offered as an educational opportunity in which the student is closely mentored by an on-site supervising attorney or judge and also has an opportunity for reflection and discussion with the faculty supervisor in a seminar format.

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EUROPEAN UNION LAW (3 credits) INTL-360
Introduction to the legal system of the European Union, including its historical development, institutional framework, legislative processes and judicial procedures, as well as the role of Member State national law within the EU system. Particular attention will be paid to the federal structure of the Union, i.e., the balance of power between the EU institutions and the governments of the Member States. In substantive matters, the course will focus on the free movement of goods, persons, services and capital within the Union. Additional topics will include the EU's external relations and matters such as competition law, environmental regulation, social policy and human rights.

Early in the course each student will select a substantive topic of interest, which will be the subject of a required 15-page (single space) research paper and a PowerPoint presentation to the class. Grades will be based on the paper, the presentation and a mid-term exam. If enrollment exceeds the number of students that make a paper-and-presentation format feasible, then the professor reserves the right to alter the grading basis to one or more exams. This decision will be announced as soon as final enrollment has been determined.

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EVIDENCE (4 credits) EVID-200
The Evidence course examines the law governing proof in judicial proceedings under both the Common Law and modern codifications, particularly the Federal Rules of Evidence. Topics covered include relevancy; the hearsay rule and its exceptions; rules relating to witnesses, writings, and other forms of evidence; privileges; and expert witnesses.

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EVIDENCE LAB (1 credit) EVID-301
This course focuses on how practicing attorneys think about an area of substantive law -- Evidence. Through a simulated civil case, students come to appreciate how an awareness of substantive evidence affects attorney performance in every stage of case development and preparation, from first interview through trial. Using roleplays, students put witnesses on the stand, bring out testimony, and argue a wide range of evidentiary objections ranging from relevance to hearsay and privilege. This course begins five weeks after the semester begins, and ends after seven weeks. This course must be taken pass/fail. Prerequisite or co-requisite: Evidence.

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FAMILY DISSOLUTION AND RELATED ISSUES (3 credits) FAML-315
This course will focus on divorce and other forms of family dissolution as well as related issues. Topics include the nature and history of both marriage and divorce, the major aspects of divorce (property division, spousal support, child support and child custody), modification of support and custody awards, and jurisdiction for child custody and divorce actions. The course will also consider the legal treatment of separation of unmarried couples, with and without children, and the law governing prenuptial agreements. This course is the complement to the Family Formation/Recognition course. The two courses may be taken concurrently or in any sequence. This course is also recommended for those seeking a survey family law course in preparation for the bar exam.

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FAMILY FORMATION/RECOGNITION AND RELATED CONSTITUTIONAL ISSUES (3 credits) FAML-310 (Effective 07FS)
This course will examine the means by which family relationships are created and/or recognized as well as the implications of legal recognition of relationships. A primary concern will be the constitutional doctrines that have become relevant to modern family law in the United States. These include substantive due process (in particular the development of a constitutional doctrine of family privacy) and equal protection (primarily focusing on sex/gender discrimination). Among the specific topics considered are the constitutional limits on regulation of procreation and child bearing (within and without marriage), constitutional arguments regarding regulation of access to marriage and constitutional concerns raised by the legal treatment of unmarried fathers and parentage more generally. This course is the complement to the Family Dissolution Course. The two courses may be taken concurrently or in any sequence. Constitutional Law is not a prerequisite.

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FAMILY LAW CLINIC (6 credits) FAML-401 (Spring)
The Family Law Clinic is a six-credit clinical course whose goal is to provide students with the skills and knowledge to practice family law in Washington.

  • The classroom component will familiarize students with Washington family law practice and also provide a general understanding of the procedure of civil litigation in state superior courts. Topics covered will include: dissolution of marriage, child custody, third party custody, child support, spousal maintenance, property division, preparation of pleadings and documents, the dynamics of domestic violence and cultural differences.
  • The practice component will provide students with the opportunity to represent two or three low-income family law clients. Clients may be victims of domestic violence or non-English speaking individuals. Students work in teams of two on the cases so that the responsibility can be shared and they can have the experience of collaboration with another practitioner. The cases will not likely involve family law trials but will include motions practice, entry of final decrees before family law court commissioners, and negotiated settlements.
  • Course Expectations and Structure: The class will meet twice a week in a seminar format. The seminar will be taught through lecture, discussion and simulation exercises. Students will be expected to keep 9 hours of regularly-scheduled Office Hours each week. During these hours, students will be expected to work in the Clinic (e.g., meeting with their partners, supervising faculty, or clients, preparing documents, doing research, etc.). Given the responsibilities of representing clients, students should expect to spend an additional 10 to 12 hours per week on their cases. Students must have sufficient flexibility to attend court hearings two or three times during the semester. These hearings may involve a half-day time commitment and are scheduled well in advance. Students are also required to sit in on a variety of motions calendars at one of the two King County Superior Courts (downtown Seattle or the Regional Justice Center in Kent); however, students can schedule these visits whenever it is convenient.

Students must be eligible for admission to limited practice under Rule 9. Pre or Co-requisites: Professional Responsibility and one of the following: Family Law, Family Formation, or Family Dissolution. Students must meet the Law Clinic's conflict of interest rules.

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FEDERAL COURTS (3 credits) CIVL-305
The examination of judicial doctrines that limit the federal courts' jurisdiction and justiciability: standing, political question, arising under, 11th Amendment, sovereign immunity, abstention, and equitable restraint.

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FEDERAL INDIAN LAW (3 credits) INDL-300
Federal Indian Law is a survey course introducing students to the special federal statutes and court decisions governing the unique legal status of Indian tribes, Indian individuals, and Indian property. The course provides an overview of the history of federal Indian policy and legal development. It introduces the student to the interpretation of treaty rights; tribal sovereignty; federal, state, and tribal jurisdiction in Indian country; special rules regarding environmental protection of resources of importance to tribes; the disposition on Indian child custody matters; Indian gaming; and other matters of increasing importance to the practice of law in areas such as Washington State where a significant tribal presence exists.

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FEDERAL WHITE COLLAR CRIME (3 credits) CRIM-315
In this course we will explore the federal criminal justice system, with a focus on white collar crime. After orienting ourselves within the federal procedural and sentencing systems, we will begin to explore the basis of federal criminal jurisdiction and federalism issues. From there we will take a careful look at a range of federal crimes -- false statement, mail fraud, general conspiracy, RICO, obstruction of justice, and environmental crimes -- applying our analyses to a series of ongoing hypothetical cases. In the process, we will also consider topics such as the basis for and efficacy of charging and convicting entities such as corporations, the role of mens rea or its lack in federal criminal law, and the philosophy of punishing so-called white collar criminals.

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FILM AND THE LAW (2 credits) JURS-415 (formerly INTP-355)
This class will be a rigorous exploration of film and law that strives to develop your creative spirit, contribute to your lawyering skills, and be fun. Film and law share similar artistic objectives: how facts, characters and plot weave together to present a dramatic and persuasively told story. Likewise movies and law raise complex issues of social justice, ethics, evidence, and human behavior. Techniques of storytelling promote the creative dimensions of the role of the lawyer. In addition to the scheduled seminar, students are required to view films outside of class (the law library will have copies, as well as there will be a general viewing time on Fridays at noon). Movies such as, A Thin Blue Line; Rashomon; To Kill a Mockingbird; Dead Man Walking; Do the Right Thing, Witness for the Prosecution, are a sampling of the movies we will view. Limited Enrollment: 20.

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FINANCIAL INSTITUTIONS LAW (3 credits) COMM-320
This course will examine the role, structure and functions of financial institutions. The past year represents one of the most turbulent periods in the history of U.S. and world finance. How did we get to this point? Where and How do we move beyond this current state?

The course begins with an overview of financial intermediation and the different kinds of financial institutions and how those institutions have been regulated. Basic financial economics will be explained where this is necessary to an understanding of regulatory strategies and decisions. Current financial developments, statutory and regulatory analysis, as well as historic case law will be examined. The class will analyze the role of financial institutions in allocating resources, managing risk, and exerting corporate governance (both over the financial firms themselves and over the firms aided by the act of financing. Students will also study meta-concepts such as economic growth, income distribution, and financial stability.

The class will also consider examples of conflicts of interest among financial intermediaries, and assess the economics of regulation, including the political forces that have helped to shape policy decisions.

Course Objective: Class participants should become minimally conversant concerning the regulatory structures and economic principles underlying the emergence, evolution, and operation of financial institutions and the impact of public policy decisions.

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FORENSICS (3 credits) ADVC-325
This course is designed as an introduction to the use of scientific and social science evidence in litigation. It includes an examination of the rules of evidence regulating the admissibility of such evidence, contrasting the Frye standard with the Daubert standard. The course will also present cases and materials on such topics as:

  • the problem of "junk" science and the battle of experts
  • probabilistic proof and issues in statistical analysis
  • scientific and philosophical problems involving causation
  • issues concerning evaluation and proof of mental states, including insanity and diminished capacity
  • admissibility and problems regarding DNA evidence

The course will also consider practical and legal issues involved in working with experts in general, taking depositions of expert witnesses, qualifying experts, preparing them for trial, and preparing to cross-examine experts.

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GENDER & JUSTICE SEMINAR (3 credits) JURS-320
This seminar will explore current issues facing women in society with particular emphasis on employment law. Women in the professions, sports and sciences, women and leadership, pay inequities, and work and parenthood are some of the areas to be explored. Recent case law regarding statutes such as Title VII, Title IX, the EPA, the FMLA, and PDA will be discussed as well as controversial approaches to counter bias such as affirmative action and comparable worth will be included. Comparisons with approaches in other countries will provide perspective. Requirements for the class include a paper and its presentation, some student led discussions, and informed class participation.

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GIFT AND ESTATE TAX (3 credits) TAXL-310
This course provides an introduction to the taxation of gratuitous property transfers, including both transfers upon death (estate tax) and transfers during life (gift tax). It is concerned solely with the federal system of transfer taxes and does not include examination of the income taxation of trusts and estates. Prerequisite: Individual Income Tax; Prerequisite or co-requisite: Trusts and Estates.

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HEALTH LAW I (3 credits) HLTH-305
An introductory course that surveys important legal and political issues relating to the delivery and financing of health care in the United States, with emphasis on those issues relevant to the legal community.

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HEALTH LAW II (3 credits) HLTH-330
Health Law II is designed to expand upon the health law policy and regulatory background of Health Law I and to explore in depth the specific regulatory framework affecting operations and transactions among healthcare providers, particularly hospitals and physicians. The course will emphasize many of the regulatory compliance strategies providers employ as they seek to structure appropriate business relationships. Specific attention will be given to five major areas:
Anti-kickback prohibitions and safe harbors, Stark II self-referral prohibitions and exceptions, taxation of exempt organizations, antitrust regulation, and the privacy and security requirements of HIPAA. State law issues such as entity and network formation, the unauthorized practice of medicine and B&O tax are also addressed. Frequent use of practical and current real world factual scenarios, detailed review of the applicable regulations and case law, and exposure to the many ways in which providers contract and partner with one another, round out the course's progression from Health Law I, preparing students for further independent or seminar health law courses to develop drafting, negotiation and analytical skills, and/or, ultimately, a health law practice. Prerequisite: Health Law.

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HOUSING LAW AND POLICY SEMINAR (2 credits) HOUS-375
Critical legal issues with respect to housing supply will be explored in their economic and social contexts. Selected areas of concern include current federal and state housing subsidies; remedies of housing renters and purchasers with respect to quality, availability, and affordability; preservation strategies which protect and upgrade existing housing stock; special but pervasive impacts of market discrimination against racial minorities, women, and physically-challenged persons; and local government land use regulation impacting housing access and opportunity. The catalytic role of economic and community development in expanding housing supply, the link between housing and jobs, restructuring of the housing finance system, and the amelioration or elimination of sub-standard housing conditions, will also be important topics of the seminar. Housing and urban redevelopment law will be assessed from both the perspective of residents impacted by neighborhood change, as well as from larger urban areas, particularly downtown cores, transformed by both clearance and restoration efforts. The growing problem of homelessness will be considered in light of the distribution of housing resources and income in Seattle, as well as the rise in real estate values and consequent and continuous rise in rents. Demographic shifts caused by gentrification-triggered inordinate rises in property prices, and consequential displacement of neighborhood residents will be assessed in light of the historic distribution of housing opportunity along racial lines. The seminar will have as a laboratory Seattle’s Central District, the western edge of which is within a few blocks of Seattle University. Students will be encouraged, though not required, to weigh legal and policy issues in the context of dramatic changes in the demography of the Central District because of its proximity to a revitalized downtown core. To the extent time permits, students will have the opportunity to use census and other data collected by King County and the City of Seattle in conjunction with field work in the Central District to expand their research. Seminar limited to 15 students.

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IMMIGRATION LAW (3 credits) IMMG-300
Immigration is governed by a wide range of statutes, regulations, case law and international treaties. This course critically examines the underpinnings as well as the substantive and procedural contents, and policy implications of these various sources of immigration law. In particular it focuses on the following aspects of immigration: admission, exclusion, deportation of noncitizens; the acquisition and loss of citizenship; the national security implications of immigration law, and state and federal laws regulating the presence of noncitizens often called "alienage laws." The course is also designed to teach basic skills in interpretation of complex statutes and administrative regulations.

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IMMIGRATION LAW CLINIC (3 credits) IMMG-400 (Spring)
Students enrolled in the Immigration Clinic will provide legal representation to clients in immigration proceedings. Students will get involved at various stages of these proceedings, which may include proceedings before Immigration Officers, Immigration Courts, Board of Immigration Appeals or Circuit Courts of Appeals. The primary responsibilities would include: interviewing clients in immigration custody, investigating facts, conducting legal research, preparing memoranda, motions and legal briefs, and conducting oral argument. The typical advocacy involves disputing the legal grounds for inadmissibility and/ or deportability, and seeking relief from deportation in the form of adjustment of status, cancellation of removal, asylum from persecution (because of race, religion, nationality, political opinion or social group), and deferral of removal under the United Nations Convention Against Torture (CAT). Students must meet the Law Clinic's conflict of interest rules. Student teams must maintain office hours in the Clinic offices for a total of four hours a week spread over two days. The days and times for office hours will be determined based on each student team's schedule.
Prerequisite: Immigration Law (IMMG-300).

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INDIAN LAW AND NATURAL RESOURCES (2 credits) INDL-315
Indian tribes have traditionally relied upon the natural resources for their personal, economic, cultural and religious well-being. Although ownership and access to those resources has been reduced over time, Indian tribes continue to own, and have rights to, a wide range of natural resources. Tribal management of natural resources have, in some instances, become models of wise use, protection and enhancement. This course will explore the basis for tribal ownership of, and rights to, natural resources; the nature and extent of those rights today; tribal managements of those resources; the interface and conflicts among tribal, state and federal agencies over the use and management of these resources; and the implication of selected federal statutes. Guest speakers will give presentations over the course of the semester.; A paper will be required in lieu of a final exam.

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INDIAN TRUSTS AND ESTATES CLINIC(3 credits) INDL-401
This three credit integrative clinic is open to students who have taken, or are currently enrolled in, the Trusts and Estates course. Students work in teams of two and will represent a low-income Native American person in an estate planning matter involving both their personal property and their interests in federal trust lands in the preparation of wills, powers of attorney and health care directives. Student instruction is held in conjunction with the Trust and Estates Clinic students, with breakout sessions covering the Federal Law and Tribal Probate Codes that govern the estate of the Native American client. In addition, student teams must maintain office hours in the Clinic offices for a total of four hours per week. Office hours must be scheduled on Tuesday, Wednesday, or Thursday between 1 and 8 p.m. This clinic is available as an evening clinic. Prerequisite or co-requisite: Trusts and Estates. Federal Indian Law is recommended, but not required. Students must meet the Law Clinic's conflict of interest rules.

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INDIVIDUAL INCOME TAX (4 credits) TAXL-300
This course covers the basic concepts, rules, and policy choices involved in the Federal income tax system, including the concepts of gross income, exclusions from income, timing of receipt and recognition of income, deductions, gains and losses from the sale of property, and the basis of computing tax liability. Most other tax courses, as well as courses on pensions and employee benefits, build on the concepts learned in Individual Income Tax.

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INDUSTRY STANDARDS AND OPEN SOURCE LICENSING (2 credits) INTP-390
Global industry standards have become the backbone of information technology, communications and related products, as well as various industry business processes and services throughout the world. Whether a business is a developer or user of standards-based technologies, its attorneys need to understand how to advise their clients with respect to standards-related intellectual property risks. This area of the law is still developing and requires knowledge of intellectual property, antitrust and related competition laws. Even patent pools, package licensing and related approaches to monetizing IP assets often require an understanding of industry standards.

Similarly, Open Source Software (OSS) has enjoyed explosive growth over the past decade and is now used in mainstream product offerings and is widely deployed in the information technology departments of virtually ever type of business. Today’s programmers routinely re-use software components and may incorporate open source components in products their employers are developing or may work on open source projects on their own time. The use and/or distribution of open source software can impact a company’s IP rights in its own software, and it is important that the developers and engineers that choose to use OSS be mindful of the effects of their choices on the company’s intellectual assets. While there can be many benefits to OSS, it is important to understand the risks with various licensing and development models in the context of any business.

All industries are affected by industry standards and open source software. The legal issues involve patent law, antitrust, competition law, copyrights, and licensing. This course has been designed for students having an interest in learning more about legal issues surrounding industry standards setting activities and open source software. The course will give the student a solid foundation for understanding the predominant issues that arise in the areas of industry standard setting and open source software (OSS), with a focus on the intellectual property law issues that are prevalent.

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INFORMATION PRIVACY (2 credits) INTP-375
This course examines laws that protect personal information, with a focus on how these laws change with emerging technologies. The first part of the course examines the philosophical and historical roots of privacy law, as well as the Constitutional limitations on the ability of government to investigate matters traditionally considered private. We will also review common law torts, such as invasion of privacy and breach of confidentiality. A portion of the course will consist of an examination of the various federal statutes that protect privacy, such as the Fair Credit Reporting Act; the Privacy Act; the Health Insurance Portability and Accountability Act; the Gramm-Leach-Bliley Act; and the Family Rights and Educational Privacy Act. Additionally, we will discuss challenges to privacy in a high tech society, examining how the law, businesses and consumers respond to issues created by data breaches, identity theft, and data sharing in the Internet marketplace. We will also discuss how other industrial countries have regulated information sharing, focusing on the European Union's Data Protection Directive.

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INSURANCE LAW (2 credits) INSU-300
The Insurance Law course is an overview of insurance fundamentals -- the nature of insurance, its purposes and functions in commerce, and its functions in and effects on tort litigation and recovery. In addressing these fundamentals, the class learns about the insurance contract, its structure, its interpretation and its use.

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INTELLECTUAL PROPERTY (3 credits) INTP-300
This survey course covers the basic statutes and doctrines undergirding the three major federal forms of intellectual property: trademarks and unfair competition, copyrights and patents. It also touches upon state law doctrines such as right of publicity, misappropriation, trade secrets, state trademark law and other forms of unfair competition. Relying on a combination of cases and problems, students will develop a familiarity with the foundational principles of intellectual property law and practice.

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INTELLECTUAL PROPERTY AND DEVELOPMENT SEMINAR (2 credits) INTP-362
How may intellectual property "promote the public interest in sectors of vital importance to . . . socioeconomic and technological development," as set forth in the World Trade Organization's TRIPS Article 8.1? Will the World Intellectual Property Organization (WIPO), which adopted a "development agenda" in September 2007, mainstream the concerns of the developing countries and, in particular, the world's "bottom billion" throughout that agency's activities? Does intellectual property help or harm the world's poor?

This seminar will introduce you to intellectual property's global governance structure, with a special emphasis on the challenges of integrating its legal and institutional architecture-including its main and emerging actors, domains and directions-with development concerns. We will also explore current models of development (such as neoliberal, sustainable and human or capabilities approaches) and explore some of the assumptions and limitations of each of those models before turning to specific topics such as access to education, biodiversity, climate change, digital communications, fair trade and other sustainability certifications, food security, geographical indications, open source collaboration and other peer-production models, patents and public health, traditional knowledge and traditional cultural expression, and transfer of technologies.

You will be evaluated on either a series of short papers on several of topics or one long paper on a single topic of your choice. Intellectual property survey is a pre-requisite. Most readings will be available either on-line or through a coursepack.

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INTELLECTUAL PROPERTY AUDIT LAB (1 credit) INTP-302
Members of the class will, in teams, work with local startup companies to perform an audit of their intellectual property. This will include a complete survey of all of the types of intellectual property owned by the company; an assessment of the methods the company has chosen to protect that intellectual property in terms of the strength of the various modes of protection and their implications in determining licensing practices of the company; a survey of the company’s Web site concerning intellectual property issues and potential liabilities; a survey of the company’s form agreements, and an assessment of their content; a review of product marketing plans, and a recommendation on obtaining international property protections, as applicable; a review of their export compliance program, if any; and, finally, a review of their current record-keeping procedures in light of intellectual property issues. This course must be taken pass/fail. Prerequisite or co-requisite: Intellectual Property.

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INTELLECTUAL PROPERTY LICENSING LAB (1 credit) INTP-301
This course will cover the drafting and negotiating of license agreements and other types of agreements pertinent to the management, development, and marketing of various forms of intellectual property. This course must be taken pass/fail. Prerequisite or co-requisite: Intellectual Property.

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INTELLECTUAL PROPERTY LICENSING LAW (2 credits) INTP-310
Introduction to the role of intellectual property licensing in the context of business strategy. The course examines the business and legal criteria for building and maintaining a successful licensing program. Subject areas covered include business objectives of licensing, portfolio analysis, types of licenses, terms and conditions in contracts, antitrust constraints, offensive and defensive negotiation strategies, and international factors. Classes will utilize sample IP portfolios, work in groups for mock negotiations, and discuss relevant case law and regulation. Prerequisite: Intellectual Property.

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INTERNATIONAL BUSINESS TRANSACTIONS (3 credits) BUSN-320
The purpose of this course is to provide an overview of the issues that are likely to arise when clients engage in business abroad. The course begins with the most straightforward of international transactions, the international sale of goods (and the financing of such sales), and then turns to transactions involving greater and greater contact with a foreign county, including franchises, distributorships, licensing, and direct investment through joint ventures and wholly-owned subsidiaries. In examining each transaction, we necessarily draw on several areas of the law, including, among other things, contracts, antitrust, conflicts, labor law, business entities, and dispute resolution. Business Entities recommended but not required.

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INTERNATIONAL CRIMINAL LAW (3 credits) CRIM-380
This course will cover: the nature and sources of international criminal law; the responsibilities of individuals, states and others; alternatives to criminal prosecution; defenses; issues of state jurisdiction, and fora; extradition and other means of obtaining personal jurisdiction; international cooperative enforcement; international tribunals from Nuremberg to former Yugoslavia, Rwanda, and the Permanent International Criminal Tribunal; and a selection of specific international crimes (e.g., war crimes, crimes against humanity, human rights abuses and drug trafficking).

Additionally, there will be a strong emphasis on the context(s) in which international criminal justice is meted out. In many cases, states that have experienced serious international criminal violations are also states in transition from one regime to another. The social, economic and political stability of these regimes heavily impacts upon the demands and priorities of such regimes. This in turn impacts upon their ability to deliver criminal justice. There will also be an attempt to situate the demands for criminal justice alongside the broader set of demands for justice that exist in such societies. By paying attention to this context, it is hoped that the student will have a richer and deeper understanding of the many obstacles set in the way of achieving international criminal justice.

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INTERNATIONAL ENVIRONMENTAL LAW (3 credits) ENVL-340
This course is an introduction to the role of international law in environmental protection and to a range of issues raised by humankind's ecological impacts. The course begins with an overview of international law and then analyzes and critiques the legal regimes that have developed to address specific environmental crises. Among the crises addressed in the course are global warming, species extinction, destruction of rain forests, and global trade in hazardous waste. Special attention is devoted to the "North-South" conflict over responsibility for environmental protection and to the relationship between environmental protection and trade liberalization. Public International Law is recommended but not required.

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INTERNATIONAL & FOREIGN LAW RESEARCH (2 credits) INTL-400
This class is designed to provide a survey of practical research methods and strategies in international and foreign law. We will explore treaty research sources, judicial decisions, and secondary sources in both online and print form. Class time will be used to develop and expand computer and manual research skills necessary to complete the assignments. English language resources will predominate in our exploration of foreign law research methods. Access to a laptop computer will be necessary in order to fully participate in the class. Pass/Fail. Pre or co-requisites are: International Criminal Law, International Environmental Law, International Law of Human Rights, Public International Law, or instructor permission.

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INTERNATIONAL HUMANITARIAN ASSISTANCE (2 credits) INTL-355
The aim of this course is to study some of the issues surrounding refugees and asylum seekers within the context of US and international law. The study of asylum is important because it enables us to gain an understanding of the protection concerns of those who have been forced to flee their home states due to persecution and/or armed conflict. This is particularly relevant today because of the increasing number of persons seeking shelter as refugees. The course will begin by looking at the international origins of refugee law. It will first evaluate the ancient roots of refugee protection followed by early 20th century efforts to establish formal protection mechanisms, including the UN Declaration of Human Rights; the birth of the UNHCR; the 1957 UN Convention on the Status of the Refugee. This course will then go on to look at international norms and state practice. It will discuss the various forms of persecution that satisfy the requirements for refugee protection. In particular, persecution of an individual based on politics, religion, race, or nationality, or as a member of a particular social group, will be analyzed in depth. This course will look at why certain individuals are excluded from protection. It will look at the asylum process and burden of proof. Finally, the course will consider some of the current and future challenges in the international protection of refugees.

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INTERNATIONAL HUMANITARIAN LAW (2 credits) INTL-370
This course introduces international humanitarian law, including its formation and sources, e.g., international treaties, principles, and customs; the application of international humanitarian law to international and non-international armed conflicts, and non-state actors; the status of prisoners of war, protected persons, and protected places; the rights and duties of parties to an armed conflict; and the role of governmental and non-governmental international organizations. Prerequisite: International Criminal Law, International Law of Human Rights, Public International Law, or instructor permission.

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INTERNATIONAL HUMAN RIGHTS CLINIC (4 credits) INTL-402
The International Human Rights Clinic offers students the opportunity to work with foreign and domestic clients before international and regional human rights bodies. Students will also collaborate with human rights organizations on research and advocacy projects. Furthermore, there may be opportunities to work on cases filed in U.S. courts that incorporate elements of international law.

In addition to project work, the course has a seminar component that presents knowledge and skills essential for lawyers in this dynamic field. The interactive approach covers relevant legal principles, theory, and case law, and--on the pragmatic side--features in-class exercises designed to hone critical skills. The International Human Rights Clinic is a graded course with a substantial time commitment; it may not be taken pass/fail.

Prerequisite or co-requisite: International Human Rights, Public International Law, Rights of Women: Intl. and Comparative Law, or International Criminal Law. Students must meet the Law Clinic's conflict of interest rules.

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INTERNATIONAL INVESTMENT LAW (2 credits) INTL-322
International investment law is emerging as a distinct and important field of international law. This course examines the substantive law governing international investment, explores how rights and obligations can be enforced in an international investment dispute, and considers the proper role of investment law in the international legal system. The explosive growth of 'investor-state' arbitration creates opportunities for practicing attorneys to assist the evolution of this field, while also drawing on and contributing to international law more broadly. These arbitrations often involve alleged breaches of bilateral or multilateral investment treaties and are often conducted by tribunals established by the International Centre for Settlement of Investment Disputes (ICSID), part of the World Bank group. They raise important questions both about the rights and obligations of international investors (e.g., whether they should have substantive and procedural rights beyond those afforded domestic investors) and about the appropriate mechanisms for resolving investment disputes (e.g., whether the public should have the right to see and participate in what had traditionally been confidential proceedings).

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INTERNATIONAL LAW OF HUMAN RIGHTS (3 credits) INTL-305
This class will provide a comprehensive overview of the development of modern international human rights law, including the theory, institutions, practice, and procedures of the current human rights regime. The class will look at the various regional and international human rights regimes, as well as the use of international human rights law in domestic courts, particularly in the U.S. We will evaluate the strengths and weaknesses of the various procedures open to an international human rights lawyer, and discuss contemporary efforts to strengthen the enforcement of international human rights laws. Some of the questions we will discuss are: What are the most effective mechanisms for addressing current human rights abuses? What are the most effective mechanisms for providing relief to a victim of human rights violations? What is the relevance of international human rights law to domestic U.S. litigation?

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INTERNATIONAL TRADE (3 credits) INTL-340
This course will examine the international trade regime created by the General Agreement on Tariffs and Trade and the World Trade Organization and various regional agreements, such as NAFTA and the European Union. The course will also examine aspects of U.S. trade law.

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JURISPRUDENCE (2 credits) JURS-300
A study of selected problems in the philosophy of law. Topics will include the relationship between law and morality; the nature of interpretation and the judicial process; and the meaning of legal concepts such as intent, reasonableness, causation, fairness, and equality. Readings will include selections from a wide variety of legal thinkers.

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JURISPRUDENCE & LEGAL THEORY (3 credits) JURS-300
This course is an introductory course in jurisprudence and the philosophy of law. No prior knowledge of jurisprudence, legal theory or philosophy will be assumed. Students will be introduced to a variety of jurisprudential schools with differing theoretical approaches to understanding law, including natural law, natural rights theory, legal positivism, marxism, historicism, neo-kantian formalism, american and scandinavian realism, the sociology of law, liberal legalism, legal pragmatism, critical legal studies, critical race theory, feminist legal theory and postmodern theories of law. The course is organized to trace the history of philosophical and critical reflection on the nature of law, situating law within or after the grand narratives of the Western tradition--Nature, God, Reason, History, etc.--while thematizing certain recurrent issues such as the relationship between law and morality, the nature of justice, whether law is autonomous or a mere reflection of the interests of social and economic elites, the nature of the legal subject, the relation of law to politics, and the nature of legal rights. Grading will be based on four or five short papers written over the course of the semester.

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JURISPRUDENCE SEMINAR (2 credits) JURS-390
A commentator on postmodernism recently observed that postmodern legal theory allows “the unsettling question of justice to breach the closure of a modernist legal theory that had concerned itself almost exclusively with the problem of making law consistent with itself rather than justly responsive to the world within which it functions.” This seminar will provide a forum for exploring different postmodern interventions in and theorizations of law and justice. We shall attempt to understand the origins and development of postmodern legal thought as well as its relationship to and critique of traditional legal theory and modernist social, political and legal institutions. Readings will include works by proponents and critics of postmodern legal thought as well as by writers from outside the legal academy whose work has inspired and informs a great deal of postmodern reflection on the law, such as Nietzsche, Lacan, Foucault, Lyotard, Derrida and Rorty. Central questions on which the seminar will focus include: Is there a postmodern conception of justice? What is the postmodern critique of modernist legal theory? Is law a totalizing practice, and is this a bad thing? Does law require a particular understanding of human subjectivity? Can postmodernism provide a positive constructive theory of law? Does/can a “legal system” as that phrase is traditionally understood actually exist or is it simply an ideological construct, a shared delusion? No prior knowledge of postmodernism, philosophy or legal theory will be assumed. A seminar paper, as well as a willingness to tackle challenging texts, will be required of each student enrolled in the course. Maximum Enrollment: 20 students.

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KATRINA AND THE LAW SEMINAR (2 credits) ENVL-382
Over the last few years, the United States has experienced increased, greater natural and human-caused disasters that present unique challenges to our legal system: most notably the aftermath of Hurricanes Katrina/Rita/Wilma in fall 2005 and the 9/11/01 attacks on the World Trade Center and the Pentagon. This course will consider the need to promote a cataclysmic paradigm shift in the rule of law post-catastrophe. We have now had first-hand experience that our legal system is not equipped to remedy the catastrophic losses that occur after such events.

This seminar will probe legal, ethical, and policy questions regarding the aftermath of catastrophes, analyzing them through the lens of the post-Katrina experience. What ethical principles should the public and private sectors adopt post-catastrophes? What role should the media play in disaster preparedness, response, and recovery? What are the community's responsibilities post-catastrophe, and what constitutes the community? Who speaks for the suffering citizens, the community, the nation? Who should? Considering, for example, the right to return home, martial law, and federalism, how should the constitutional and human rights issues arising post-catastrophe be resolved? What physical and mental health issues arise, and whose responsibility are they to ameliorate? Is there a relationship between the catastrophe and global warming, environmental justice, or toxic threats? What ethical principles should financial institutions, corporations, private insurers, universities, unions, charities, and the representatives of all levels of governmental adopt post-catastrophe? From constitutional/administrative law perspectives, if it proves politically impossible to impeach and remove from office key federal officers whose dereliction of duty post-disaster appears to have increased the destructive aftermath of such an event, what, if any, remedies do citizens have? How do preexisting social stratification issues relating to race, gender, poverty, and wealth complicate post-catastrophe responses/experiences/outcomes?

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LABOR LAW PRIVATE SECTOR (3 credits) EMPL-305
This course explores a fundamental and ever-pressing question, what should be the rights and obligations surrounding employees' wish to express themselves in the workplace? Labor law is primarily statutory, with employers' and employees' rights and obligations set out by federal statute, but interpreted and re-interpreted in light of sometimes conflicting and ever-changing national policy goals. The course examines the law concerning union organizing; the establishment of the collective bargaining relationship; primary and secondary economic pressures (strikes, boycotts, etc.); the administration of the collective bargaining agreement; and the best-established model of alternative dispute resolution, labor arbitration. Generally, this course is offered every other spring. Prerequisites: Administrative Law is preferred but not required.

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LABOR LAW PUBLIC SECTOR (3 credits) EMPL-310
Employment rights in federal, state, and local government, including constitutional limitations on governmental employers. Prerequisites: Administrative Law is preferred but not required.

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LANDLORD/TENANT LAW (2 credits) POVL-350
The class will focus on the landlord tenant relationship including common law principles, the Residential Landlord Tenant Act, and the Unlawful Detainer Process. The class will also deal with public housing, the Fair Housing Act and the American with Disabilities Act. Finally, the class will look at the interaction of housing law and the Fair Credit Reporting Act and Fair Debt Collection Practices Act. There are no prerequisites for taking the class.

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LAND USE REGULATION (3 credits) ENVL-305
A study of the public land use planning process and such regulatory techniques as zoning, subdivision regulation, growth management, planned unit development, shoreline management, and environmental impact analysis. Attention will be given to both the procedure and substance of legal controls, the problem of administrative discretion and legal accountability, coordination of land use policies and controls within and among different units of government, the interrelated roles of planner and lawyer, and emerging methods of land use control.

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LAW AND BIOMEDICAL ADVANCE (3 credits) HLTH-355
This course uses recent developments in medicine, biology, and biotechnology to study the response of the law and legal institutions to rapid social and scientific change. Substantive tools to examine these responses to change include abortion, sterilization, assisted reproduction, genetic counseling and screening, cloning, stem cell research, death determination, and death facilitation. Students may not receive credit for both Law and Biomedical Advance and Bioethics and the Law (HLTH-300).

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LAW AND BIOTECHNOLOGY (2 credits) INTP-335
The course begins with a review of the policy concerns animating recent thought on the ownership and protection of biotechnology. The course will then review the application and limitations of trade secret, contract, and copyright as means for protecting biotechnology, and focus on patent law as used to protect biotechnology. The course will look at the role of the court and the jury in assessment of expert scientific evidence, and if time permits, explore the role of the law in regulating cloning, recombinant DNA research, and surrogacy. Prerequisites: Intellectual Property and Patent and Trade Secret Law.

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LAW AND THE DELIVERY OF INTERNATIONAL HUMANITARIAN ASSISTANCE (2 credits) INTL-335
This course will focus on the role of US law and US-trained lawyers in the delivery and effectiveness of development and humanitarian assistance to developing countries. At the policy level, we will focus on the effects of US government foreign, development and moral policy on access to certain development markets and programmatic sectors. At the domestic law level we will explore the effects of certain bodies of law and policy on specific forms of assistance. The course will also present the various roles that lawyers assume regarding international development and humanitarian assistance.

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LAW AND THE HOLOCAUST SEMINAR (2 credits) JURS-362
This seminar will study the Nazi corruption of the German legal system and consider issues involving the independence of the judiciary, judicial ethics, the role of lawyers in challenging government abuse, and applications of international law principles to recent American legal experience. We will discuss the experience of the Nuremberg International Military Tribunal and its relationship to current issues including “enemy combatant” cases at Guantanamo, the refusal of an Army lieutenant to go to Iraq, and cases of American citizens held without trial or counsel. The seminar will study U.S. Supreme Court World War II-era decisions reviewing the incarceration of Japanese-Americans and the case of a German accused of espionage. The class will discuss contemporary examples of legal and judicial responses to genocide and to the abuse of executive power.

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LAW, LANGUAGE & LITERATURE (3 credits) JURS-345
This course examines the ways in which language lies at the heart of the law and, thus, of lawyering. For its inquiry, the course borrows from literature and literary criticism, rhetoric, linguistics, and jurisprudence. Early in the course, this inquiry should help you think about how legal language creates meaning. As the course unfolds, you will also think about how the language of the law contributes to, or determines, our sense of legal culture, our sense of community, and our sense of self. Ultimately, we will look at the relationship between law and justice. The course uses Herman Melville's Billy Budd to begin its inquiry. Topics that follow include the relationship between language and meaning in statutory interpretation and judicial decision-making; narratives in the law; law, language, and metaphors; the nature of legal rules; the nature of legal argument and its relationship to justice; and the relationship between legal language, legal professionalism, and ethics. Students will read and discuss a number of law-related literary works, including essays, short stories, novels, and plays. The format for the course is that of a graduate seminar. Students will read selected materials, participate in class discussion, and write several short and medium-length papers.

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LAW, POLICY & MENTAL HEALTH (3 credits) MENT-300
This course explores the evolution of society’s response to the mentally ill in the civil and criminal justice systems. The focus is on both law and policy, as the two are often intertwined. The course begins with the civil commitment system and its relationship with the mentally ill. That relationship raises policy, fiscal, and constitutional issues. The criminal justice system and its relationship with the mentally ill adds another layer of complexity with the concept of “criminal” commitment. This includes both competency to stand trial and mental status defenses such as insanity. The course concludes by examining current attempts to synthesize the civil and criminal justice systems. These attempts include the concept of therapeutic justice and mental health courts, and other policy-based potential statutory and non-statutory programs designed to protect public safety and help the mentally ill move from jails to clean and sober housing and treatment.
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We will cover a select number of topics in greater detail, to provide depth; we will cover the rest of the material more generally, to provide breadth. Owing to the nature of the subject matter, students can expect to be exposed to both legal and policy-based doctrine.

For each major topic area, students will attempt to answer three key questions: how does society define the public interest involved, how does one determine whether an individual poses a risk to that public interest, and what happens or should happen if he or she does fall within that definition of risk?

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LAW, POLITICS & PUBLIC POLICY (2 credits) JURS-395
In an effort to illustrate the contemporary decision-making environment in Congress and the Washington State Legislature, as well as among the voting public, this two-credit seminar will examine controversial policy issues subject to significant public debate during the 2006 election cycle. Topics have yet to be determined, but may include: U.S. immigration policy reform; the viability of self-regulation by Congress with regard to ethics; the extent to which substantive policy positions, personality and/or party politics play the most prominent role in the U.S. Senate race here in Washington; the initiative or referendum to reverse a recently enacted state law banning discrimination based on sexual orientation; and/or the State Supreme Court race(s) that are the most hotly contested and the implications for the bench. Seminar limited to 20 students.

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LAW & RELIGION (3 credits) JURS-365
This course is designed to develop familiarity with the major tenets of the First Amendment’s religion clauses. Class time will be structured around in-depth engagement of Supreme Court precedent, and will seek to integrate these formative decisions into the social and historical contexts from which they derive meaning. In addition, the course will survey the scholarly treatment of such threshold questions as the meaning of “religion” in society, and will evaluate the evolving notion of religious liberty in a pluralistic society.

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LAW & SEXUALITY (3 credits) JURS-340
This interdisciplinary course will examine the complex relationship between law and sexuality. Topics will include law and its relationship to the social construction of sexuality and identity; law and the construction of acceptable private and public expressions of sexuality; law, sexuality and parenting; and law, sexuality and violence. Course materials will include cases, law review articles, literature from social sciences and gender studies, and assorted essays and fiction.

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LAW, SOCIETY, AND SOCIAL CHANGE (2 credits) JURS-342
This course will explore the ways in which legal institutions and practices can contribute to social change. We will engage with social science research grounded in sociology, anthropology, and political science examining the role of law and lawyers within society, the impact of social forces on legal practice and policy, and the legal system as a coherent social structure situated historically, culturally, and politically. Based on these readings, the class will consider how law has and has not lead to positive social change, what conditions or strategies are most likely to result in social change, and the ways in which lawyers can serve as catalysts for social change. Students will write analytic response papers to the assigned readings and will have an opportunity to take a leadership role in developing and implementing projects to achieve positive social change.

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LAW, TECHNOLOGY AND DEVELOPMENT SEMINAR (2 credits) INTP-362
This course will provide an overview of selected principles and theories of economic development and social justice. Assigned readings will be used to establish frameworks for analysis and discussion of global development and social justice issues in the context of current events, including global disparities in access to knowledge, access to medicine, and access to sustainable resource management technologies. Readings and discussions will address the implications of technological innovation, intellectual property rights, technical standards, governmental regulation, trade policy, and governmental and non-governmental institutions. Class participation and contributions to discussion will constitute a significant component of the student evaluation. Students will be required to complete a research paper that applies frameworks developed during the course to a topic of interest to the student (subject to instructor approval). Prerequisite: Intellectual Property.

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LAW AND VIOLENCE AGAINST WOMEN SEMINAR (2 credits) CRIM-330-A
This seminar will focus on how violence operates on a continuum to inflict harm and constrain women's lives. Centered wholly on violence, the seminar is designed to uncover the interrelationships among harms─domestic violence, sexual harassment, rape, and prostitution─ that traditionally are viewed as separate and distinct phenomena. It will bring together a range of interdisciplinary materials that will provide a context for extended thought and discussion about the operation of the continuum, the interconnections among the various forms of violence, and the particular forces functioning within each form. Legal history, feminist legal theory, and critical race theory will provide the analytical framework within which each form of violence will be examined. Readings will consist of legal opinions, statutes, legal and non-legal articles, and literary works. Requirements for the class include student-led discussions, simulation and class participation, and a research paper. There are no prerequisites for this seminar.

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LEGAL WRITING I (1 credit-fall) WRIT-100 (2 credits-spring) WRIT-105
Intensive, small-group instruction in the basics of legal research, reading, analysis, and writing. To locate and read statutes and cases construct factual and policy arguments, analyze and synthesize cases, and write effective legal memos and client letters.

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LEGAL WRITING II (3 credits) WRIT-200
This course must be taken during the second year. In Legal Writing II, students learn how to research and write trial and appellate briefs and how to present oral arguments to trial and appellate courts. Students learn these skills by working on a real case, usually a criminal case. At the beginning of the semester, students are given a copy of the case file. Using the information contained in this file, they research and write a brief in support of or in opposition to a pre-trial motion and then argue the motion to their professor, who plays the part of the trial judge. After the motion has been decided, the students are given a copy of the trial record, which they learn to review. Once students have identified the issues on appeal, they then research and write an appellate brief. At the end of the semester, students deliver a twenty-minute oral argument to three practicing attorneys who play the role of appellate judges.

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LEGISLATIVE SEMINAR (2 credits) GOVT-315
Goals of the Legislative Seminar are to understand the process of how statutes are adopted in a state legislature (how a bill really becomes a law), how to research Washington statutes, and how statutes interrelate with the common law. From a practical standpoint, the course is geared not only for the prospective lobbyist/legislative staff attorney/legislator, but also for practicing attorneys who may seek statutory changes or for citizens or activists interested in improving the law in the public interest. At least one Saturday session will be held in Olympia during the legislative session. As a substitute for some class meetings, students will undertake individual (or small group projects in Olympia following legislation as advocate (proponent or opponent) or as analyst. Oral presentations and papers on projects required. No final exam. Class participation considered. [Note: Students may not receive credit for both Legislation and Legal Process and Legislative Seminar.]

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MASS MEDIA LAW & POLICY (3 credits) JURS-352
This survey course, we will examine the law and regulation of electronic and print media. Newspaper, broadcast, radio, cable television, telephony (including wireless), music, and movies will be discussed in the context of exploring the constitutional, statutory, public and private regulation of media. For example, we will explore the First Amendment and journalism to mine the law and its underlying assumptions regarding courtroom access. This course will grow understanding of common law and statutory concepts such as defamation, obscenity, indecency, privacy, and how those concepts might apply to blogging, or how those concepts apply (or might not apply) to children’s television. We will also contend with the pros and cons of media consolidation into the hands of fewer enterprises as we discuss the Federal Communications Commission, and its policies and processes of airwave allocation, licensing and licensing renewal, and media cross-ownership. This class will also emphasize the role that private actors play in media regulation through discussions about the Motion Picture Association of America, the National Academy of Recording Arts and Sciences, or the National Cable Television Association. Finally, this course will examine the role of lawyers representing clients, and the ethical and strategic dimensions of the use of the media on behalf of those clients.

This course will devote three classroom sessions each to the following three topics: 1) cellphones and the issues of indecent communications and unique liabilities involving 911 emergency transmissions; 2) media and cultural representations (discussing, for example, the evolution of the presentation of African-Americans in television, the presentation of gender in music video, and the evolution of gay and lesbian representation in film in the context of civil rights laws and FCC “public interest” policies), and; 3) propaganda in wartime and War Powers Act (looking particularly at World War II-era “cartoons” such as Superman, “embedded” journalists of the current wars, and contemporary broadcast and print news presentations involving the World Trade Center bombings).

Classroom discussion will aim to be highly interactive. To that end, students will be individually called upon to illuminate assigned readings. In addition, students will engage in small group assignments in which, for example, they will illuminate legal and policy issues in the role of FCC Commissioners or advocates before the FCC. Evaluation will be based upon class participation, group and individual assignments, and a take-home examination.

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MEDIA THEORY AND FIRST AMENDMENT JURISPRUDENCE SEMINAR (3 credits) JURS-350
This course is not a study of the constitutional governance or federal administrative regulation of contemporary mass media. Although First Amendment norms and institutions will be examined at a theoretical level at mid-point in the course, this seminar could not fairly be characterized as a "black-letter" doctrinal examination of America's law of free expression.

Rather, the central focus of this seminar is the study of the "ecology" of mass communications (that is, the phenomena of mass communications from the perspectives of history, sociology, psychology and political theory) and the relationship of this "ecology" to American legal theory and legal institutions. Correspondingly, the assigned readings and class discussion will center on various dimensions of the relationship between mass communications and legal theories.

For example, the socio-economic and political conventions that evolved from the use of particular technologies for mass communications and the law's understanding and control of these conventions will be one of the more important aspects of our study. In other words, one of our objectives is to become aware of the degree to which the form of communication affects the substantive content of communication (a part of what Marshall McLuhan means by his famous aphorism that "the medium is the message"), and of the degree to which the law does or does not take account of this synergy between form and content in its governance of the mass media. Indeed, the very institutions of law -- legal methods of interpretation, roles and practices of legal actors, and overarching concepts of jurisprudence -- are partly a product of the forms by which law is communicated. Hence, it is important for us to become aware of the degree to which the form of communication (i.e., orality, scribal literacy, typography, or the varieties of electronic transmission), when used for lawmaking and law administration, influence these various institutions of the law.

For another example, our study will explore whether the First Amendment's traditional justifications for protecting the freedoms of speech -- to safeguard deliberative democracy, to promote enlightened political participation and dissent, to encourage serious literary and artistic expression -- are not seriously trivialized in our entertainment and commercial mass culture. When wed to pleasure and profit, will Madisonian discourse die? If it does, will we view this as a great evil or a great good? Is there anything we can do or should do? These examples are merely illustrative of the nature and scope of the topics that we will be examining.

This course will not be conducted like the typical law school course, but is designed to operate more like a graduate school seminar. Prerequisite: Constitutional Law.

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MEDIATION CLINIC (3 credits) ALDR-410
The Mediation Clinic offers students the opportunity to delve deeply into the theory and practice of mediation by serving as co-mediator in employment discrimination cases. The class will be comprised of a classroom component and a casework component. In the classroom component, students will explore and develop the skills necessary to serve as mediators and will participate in a series of mock mediation sessions. In the casework component, students will observe, prepare for and co-mediate (with faculty support) actual employment discrimination cases. Students will also be required to engage in on-going debriefing sessions, to keep a journal of their observations and experiences and to submit their journal to the instructor. The EEOC schedules its mediations for an 8-hour period. Any particular mediation may take less or more than this. Prerequisites: In order to be eligible to enroll in this course, a student must have: 1) taken the Mediation course (also called Problem Solving II); or 2) completed (or commit to completing before the start of the fall semester) a 40-hour Basic Mediation Training offered by an approved organization; or 3) had sufficient experience/training as a mediator (as decided by the Mediation Clinic instructor in advance of registration). Students must meet the Law Clinic's conflict of interest rules.

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MEDIATION, MEDIATION ADVOCACY, AND COLLABORATIVE LAW (formerly PROBLEM SOLVING II: MEDIATION AND COLLABORATIVE LAW) (3 credits) ALDR-302
This course covers the practical skills and theoretical knowledge base that are fundamental to representing clients in mediation and to serving as mediators. Such topics include, for example, the components of the mediation process, intake, reframing and other active listening skills, negotiation dynamics, dealing with strong emotions, issues of culture and power, caucus, ethics, techniques for overcoming obstacles and achieving settlement, achieving durability of agreements and closure, and effective advocacy in mediation. Once students become strongly grounded in these fundamentals and skills, at the end of the semester we study how advocates might use many of these mediation and problem-solving skills in a creative new manner of representing clients in settlement negotiations called Collaborative Law. Once a week, the sections of the course meet together to discuss assignments and to observe and to critique skills demonstrations. Later in the week, each section meets in a Lab setting, which provides in-depth practice of mediation skills in a small, supportive environment. Students are graded on a final exam and class participation, which includes such things as class contributions and participation in simulated role plays and self-reflection. There are no prerequisites for the course, but Client Interviewing, Counseling, and Negotiations is a very helpful introduction to some of the skills taught. This course meets the law school's requirement of a professional skills development course. It is also a prerequisite for the Mediation Clinic.

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MEDICAL FRAUD (3 credits) HLTH-400
This course will examine in what ways fraud pervades the health care industry. Analysis of the health care delivery system from a law enforcement perspective will focus on investigative techniques and criminal prosecution, both state and federal. Examination of a recent prosecution of a nursing home for cost report fraud will reveal the complexities of medical fraud prosecution and defense. This course will also address global settlements incorporating criminal and civil liability, and issues relating to self-referrals, kickbacks, and compliance agreements.

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MEDICAL LIABILITY (3 credits) HLTH-420
This course builds on basic torts principles in examining factors that affect the quality of health care and the legal approach to addressing medical error. Topics covered include the health care provider-patient relationship; health care provider accreditation and licensure; the nature of medical error; the obligation (if any) to provide health care; medical malpractice liability of health care professionals and health care institutions, particularly in the context of managed care; the doctrine of informed consent; and legislative mechanisms for reforming the tort system for medical injuries.

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MENTAL HEALTH COURT CLINIC (3 credits) MENT-400-A
Students in the Mental Health Court Clinic will represent clients in one of the nation's first and most successful courts designed specifically to address the needs of mentally-ill individuals charged with crime. Participating in this pioneering approach to these difficult cases as part of the defense team run by the Association of Counsel for the Accused (a King County public defense firm), students will interview and counsel clients, participate in multi-disciplinary team meetings at the court, and advocate for clients in treatment reviews and competency hearings.

Requirements: Students will need to have one afternoon a week (other than Friday) free of class obligations from noon to 4 p.m., in order to be present at Court when needed to observe or participate in proceedings.

In addition, there will be a training session from 9 a.m. to 3 p.m. on the second Friday of the semester, January 22. This session will include presentations by a range of professionals from different disciplines involved with the Mental Health Court as well as lawyering simulations.

Students must be Rule 9 eligible.  Pre-requisite: Law, Policy and Mental Health.  Recommended: Client Counseling and Negotiation.

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MILITARY LAW (2 credits) GOVT-325
Sixty years before the birth of Christ, Cicero famously remarked "inter armaenim silent leges, ", translated to "in a time of war the law falls silent..." In the recent case of Hamdan v Rumsfeld the U.S. Supreme Court rejected this ancient principle, recognizing instead that when military operations begin, law and justice are never silenced. This course will explore (and test) the current relationship between core principles of military justice and the enduring values of a democratic society. We will also explore the unique relationship between military law, Conventions, and various treaties. We will explore the interface between military law and the emerging body of international human rights law, and consider pragmatic challenges governing the use of force. We will examine military laws in other countries, and attempt to answer many difficult questions, including, "Should there even be a separate body of military law in the United States?"

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NATIONAL SECURITY LAW (2 credits) GOVT-320-A
This course will explore the legal and policy issues implicated in the terrorist threat and our government’s response since 9-11. Particular attention will be paid to the USA Patriot Act, the formation of the U.S. Dept. of Homeland Security, the use of military force in Afghanistan and Iraq, the capability of and legal challenges to U.S. intelligence and counter-intelligence and the impact of security measures on immigrant and religious communities in the United States.

Students will critically review key national security and terrorism statutes and cases, including the Foreign Intelligence Surveillance Act and the U.S.A. P.A.T.R.I.O.T. Act. Guest lecturers will include present and former Homeland Security officials, first responders, military authorities, prosecutors, defense attorneys and immigrant community activists. Case studies will include the government’s use of enemy combatant status, criminal sanctions, and administrative proceedings in aid of deportation, together with analysis of the statutory and Constitutional protections afforded to citizens, as well as to suspects, prisoners and foreign detainees. The class will undertake legal and policy analysis of the growing use by law enforcement of information sharing about private citizens and related privacy and Fourth Amendment considerations in domestic and international intelligence gathering.

Students will be expected to participate in class discussions, participate in an in-class exercise and complete a research paper.

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NATURAL RESOURCES LAW (3 credits) ENVL-365
This course covers selected topics in natural resources law and policy. Topics will include, among others, management of protected public lands (national parks, forests, & refuges), wildlife and biodiversity, and marine resources. Students will examine common law and constitutional underpinnings of natural resource law, several major federal natural resources statutes, and controversial questions concerning the scope of endangered species protection, the intersection of science and law, and conflicts between public and private interests in land and resource management. There are no prerequisites for the course.

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NOT FOR PROFIT ORGANIZATION CLINIC (2 credits ) TAXL-400
Students in this Clinic will have the opportunity to put their interest in and knowledge of business and tax law into practice. Working in teams of two, students will work with individuals and community groups interested in creating a non-profit organization. Students will counsel their clients on the most appropriate entity for their purposes and prepare and file the documents necessary to create the organization, such as articles of incorporation, bylaws and state and federal tax documents. Students will also advise their clients about the various state laws and regulations with which the clients will need to comply. Students will receive the additional knowledge and skills necessary to do this legal representation in a classroom component. Beginning the third week of the semester, students must also maintain office hours in the Clinic offices twice a week for two hours each session. Office hours will be established based on the schedules of each student team. Prerequisite: Individual Income Tax and Taxation of Charitable Organizations. Students must meet the Law Clinic's conflict of interest rules.

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ORGANIZATIONAL LEADERSHIP: CREATING A CULTURE OF COMPLIANCE (2 credits) LPRC-310
This course will begin by examining studies of organizations and ethical behavior so that students may understand the underpinnings required to support a culture of compliance. It will explore the role of legal counsel and application of various leadership models to a lawyer's work within an organization. The course will then examine the legal framework for compliance analysis, including federal sentencing guidelines, regulatory requirements, international standards and judicial decisions. It will identify the essential elements of an effective compliance program: (1) risk assessment; (2) written policies; (3) communication and training; (4) monitoring and reporting; (5) workable governance structures; and (6) cultural integration. Emerging "Best Practices" for each of these elements will be explored. Case studies of domestic companies and U.S. companies with international exposures will be examined.

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PATENT AND TRADE SECRET LAW (3 credits) INTP-305
This is an introductory course in patent and trade secret law. It is designed to provide would-be patent lawyers and non-patent lawyers alike with an understanding of the fundamentals of the United States patent and trade secret laws and the United States Patent Office. Topics will include patentable subject matter, the requirements for patentability (utility, novelty, nonobviousness and enablement), conduct requirements in the U.S. Patent Office, reissue and reexamination of patents in the Patent Office, patent infringement analyses, remedies for patent infringement, patent licensing and misuse considerations, the requirements for trade secret protection, issues arising in trade secret disputes, and federal and state trade secret preemption issues. The cases and materials have been selected so as to focus, where possible, on technology simple inventions. No technical background is necessary. Prerequisite: Intellectual Property.

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PATENT LITIGATION (2 credits) INTP-382
This course focuses on the federal patent statutes, regulations, common law doctrines, and patent jurisprudence governing topics and issues that are unique to patent litigation. Specifically, the following topics will be covered in this course: remedies (for both patentees and infringers); jurisdiction and venue; parties to patent suits; estoppels; defenses; judgments; and discovery matters. Prerequisite: Intellectual Property.

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PATENT LITIGATION LAB (1 credit) INTP-306
This course will examine the typical events in the life of a patent infringement lawsuit from the initial awareness of an infringing product through trial. Students will learn how to analyze patents and patent prosecution histories to evaluate whether a product infringes a patent. They will learn how to prepare or will draft for themselves a cease and desist letter, noninfringement or invalidity opinion letter, complaints, answers, motions to transfer, protective orders, motions for preliminary injunctions, expert reports for technical, legal, and damages experts, and jury instructions. The course will also discuss trial exhibits and witnesses in a patent infringement trial. This course must be taken pass/fail. Prerequisite: Intellectual Property. Patent and Trade Secret Law is preferred but not required.

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PATENT PROSECUTION LAB (1 credit) INTP-308
In this course, students will examine the events commonly associated in preparing and prosecuting a patent application. During the course, students will conduct a patentability search, prepare a patentability opinion letter, and draft a patent application. They will also analyze and prepare responses to patent office actions rejecting the application. Students will either learn how to prepare or will draft for themselves additional documents that are typically encountered in a patent application process, such as declarations, assignments, information disclosure statements, preliminary amendments, and terminal disclaimers. This course must be taken pass/fail. Prerequisite: Intellectual Property. Patent and Trade Secret Law is preferred but not required.

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PAYMENT LAW (2 credits) COMM-300
This course analyzes the vehicles, other than money, that people use to evidence or pay for obligations. Considered are traditional vehicles such as promissory notes, drafts, and checks and more recent devices such as credit cards, debit cards, and "wholesale" wire transfers. With respect to the more traditional devices, the course treats issues such as the requirements of negotiability for a note or draft, the requirements to become and the rights of a holder in due course, and the obligations of parties to negotiable instruments. Also analyzed is the check collection process, the relationships of customers to their banks, and the allocation of responsibilities for forgeries, forged indorsements, and alterations.

The portion of the course pertaining to more recent payment devices considers the responsibility of credit card and debit card holders for unauthorized transactions, the card holders' rights to assert defenses against issuers that the holders might have against the persons to whom payment was directed, and the law's treatment of billing and related errors. In addition this part of the course deals with the issues that arise in the use of wholesale wire transfers, those transfers ordinarily in excess of $1 million that are used in large commercial transactions. Discussed are the mechanics of wholesale wire transfers, the responsibilities of originating, intermediary and beneficiary banks, and the consequences of taking a wire transfer in payment of the underlying obligations. Also analyzed are mistakes in transmissions and mistaken or fraudulent wire orders.

Most of the above topics are analyzed under and governed by the Uniform Commercial Code. Also considered, however, are federal statutes and regulations such as Regulation J, governing the check collection process through the Federal Reserve System, Regulation CC, governing the time within which checks must be paid or returned, and the Electronic Fund Transfer Act, which pertains to consumer electronic funds transfers.

The course is very important for students contemplating a practice in commercial law and important for those considering a general or business practice. In the former, a practitioner is likely to evaluate and draft commercial instruments and deal with advising on the transfers of substantial sums of money. In the latter, an attorney may encounter check collection and forgery problems as well as some problems involving electronic funds transfers. Issues from the course are frequently tested on state bar examinations, making the course significant for all students since many students consider the arcane issues in the course difficult to master on their own.

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PENSIONS & EMPLOYEE BENEFITS (3 credits) TAXL-320
This course cover the formation, maintenance, funding and tax treatment of retirement plans (including qualified pension plans and nonqualified deferred compensation for executives) and of "welfare benefit plans" providing current employee benefits, such as health and cafeteria plans; tax and labor titles of the Employee Retirement Income Security Act of 1974 (ERISA); fiduciary responsibility and liability issues for employers, banks and insurers. Prerequisite: Individual Income Tax.

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PERSPECTIVES ON IMMIGRATION AND CITIZENSHIP (3 credits) IMMG-305
This seminar provides an overview of contemporary legal issues facing Asian Americans, including the historical treatment of persons of Asian ancestry by courts, legislatures, the executive branch, and the electorate. The seminar will also examine the positioning of Asian Americans within traditional civil rights work, liberal legal scholarship, and critical legal theories. There are no prerequisites.

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POLICE, LAW AND THE COMMUNITY (2 credits) CRIM-370
Policing has undergone fundamental change over the last half century. This has led to a rethinking of the relationship between the police and the citizenry. Yet, police remain the first line of defense to crime and gatekeepers to the criminal justice system. This seminar course will explore the legal and policy frameworks for the exercise of police authority in America (with emphasis on Washington state). The underlying tension between the parameters of liberty and order in our society will be critically reviewed through an analysis of the legislation and case law that regulate police conduct. Additionally, legal scholarship and social science research will be utilized where appropriate.

Issues relating to the limits of arrest and search and seizure law, police discipline and accountability, claims and lawsuits alleging misconduct, use of force and drug law enforcement will be addressed. An historical review which analyzes the development of the role of police (local, state and federal) will be provided.
Guest lecturers will include a wide range of prosecutors, public defenders, civil law attorneys, judges and police officials. Through case studies and hypotheticals, the class will critically review the impact of police work in a democratic society on the communities they serve.

Students will be expected to participate in class discussion and complete a research paper.  PREREQUISITE: Criminal Procedure Investigative.

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POVERTY LAW (3 credits) POVL-300
While economic and social rights are not recognized by the U.S. Constitution, the modern welfare state has developed a myriad of programs and benefits to address the poor in our society. The recently passed welfare reform bill has dramatically changed poverty law, by, among other things, ending entitlements and altering eligibility criteria. This course will provide an overview of the major issues in the development of poverty law in the U.S., including the provision of social welfare, housing , and access to other basic necessities. We will look at the constitutional background to poverty law in the United States, examine selective issues of concern to poor people and poverty lawyers, and conclude with a discussion of poverty policy in light of the recent welfare reform.

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PREDATORY LENDING CLINIC (3 credits) ADVC-410  - Fall 2009
The Predatory Lending Clinic will focus on mortgage foreclosures in the Seattle Area. Students will represent clients in predatory lending matters relating to home mortgages, unfair lending practices, and fraudulent deed transfers. Students will have the chance to engage in the entire range of civil practice on behalf of their clients: factual investigation, pleading and discovery, counseling, negotiation, pretrial or settlement conferences, and trial. Students will also investigate the causes and effects of discriminatory mortgage lending practices which have come to light in the wake of the current crisis. In addition, students will examine the legal and policy aspects peer-to-peer lending, an emerging yet comparatively unregulated form of consumer finance. Peer-to-peer lending involves private investors who pool their assets and, using traditional and non-traditional loan underwriting profiles and guidelines, bid on lending borrowers personal loans. If you enroll, you must attend the classroom component (which will be 75 minutes per week) and maintain office hours in the Law Clinic. As you will be conducting pre-trial motions, discovery and trials under attorney supervision, you must be Rule 9 eligible.  Pre- or co-requisite: Professional Responsibility. Maximum enrollment 8. Students must meet the Law Clinic's conflict of interest rules.

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PREDATORY LENDING CLINIC (Civil Practice Clinic) (6 credits) ADVC-410 (Year long - 3 credits each semester) - Spring 2009 and earlier
The Predatory Lending Clinic is a year-long 6 credit course which will focus on consumer protection and civil litigation. Students will represent clients in predatory lending matters relating to home mortgages, debt collection practices, and other unfair lending practices. Students will have the chance to engage in the entire range of civil practice on behalf of their clients: factual investigation, pleading and discovery, counseling, negotiation, pretrial or settlement conferences, and trial. Students will also engage in community projects, educating laypersons on topics such as debt collection, mortgage lending laws, payday loans, refund anticipation loans, check cashing institutions, and other forms of alternative financial services. In addition, students will engage in legislative analysis and reform, with the possibility of presenting positions before the Washington State legislature. Finally, this year, enrolled students will have the option of traveling to New Orleans with the professor to perform legal work related to housing, lending, or debt and credit on behalf of individuals displaced by Hurricane Katrina and the broken levees. Students will travel at their own expense, yet we will work to make the travel and accommodations as cost-effective as possible. (Time frame TBD, but will occur during either winter or spring break). If you enroll, you must attend the classroom component (which will be 75 minutes twice per week) and maintain office hours in the Law Clinic. As you will be conducting pre-trial motions and discovery and trials under supervision, you must be Rule 9 eligible. Pre- or co-requisites: Professional Responsibility and Comprehensive Pretrial Advocacy. Students must complete both semesters in order to be awarded any credit. Maximum enrollment 8. Students must meet the Law Clinic's conflict of interest rules.

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PRETRIAL CRIMINAL ADVOCACY (3 credits) CRIM-340
Pretrial advocacy will emphasize how to make oral presentations on nontrial matters in a criminal case. There will be units on bail hearings, discovery, motions to suppress physical evidence and confessions, and impeachment of witnesses among other issues. The students will be given problems and expect to make oral arguments and handle witnesses in each of these units. The students will act as defense attorneys, prosecutors, witnesses, and judges in the presentations. Nearly 3 out of 4 classes will involve such oral advocacy so that the skills are sharpened as the semester goes on. Class size is limited to 20.

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PRODUCTS LIABILITY (3 credits) TORT-300
Products liability law combines the two great common subjects: tort, with its focus on personal injury and vulnerability, and contract, with its basic assumptions about marketplace bargaining and risk allocation. Product liability law has blossomed in only three decades, making it a rich and provocative source for exploring competing legal institutions, law and politics, and law and culture. This course analyzes consumer remedies and theories of recovery in the products area, focusing on the legal effects of buying and using, as well as producing, advertising, and selling, consumer products. With its emphasis on problems and on practice concerns, this course is ideal for those who contemplate a civil litigation practice.

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PROFESSIONAL RESPONSIBILITY (3 credits) PROF-200
Legal ethics, including lawyer-client relations, lawyer-public relations, and lawyer's responsibility to the legal profession and the courts. Detailed coverage of the ABA Code of Professional Responsibility, cases and materials on professional responsibility and important Washington law.

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PROPERTY (3 credits) PROP-100 (Fall) PROP-105 (Spring)
Law of real and personal property, emphasizing real estate. Creation and transfer of property interest; relationship between landlord and tenant; public and private controls of land use; common law estates and future interests.

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PUBLIC BENEFITS LAW (3 credits) POVL-310
This course surveys the major state and federal public benefit programs for including cash, medical and food assistance for low-income persons. The primary focus is on needs-based programs including Temporary Assistance for Needy Families, General Assistance, Food Stamps, Medicaid, and Supplemental Security Income (SSI). The course will also cover insurance-based programs that low-income persons rely upon including Social Security and Unemployment Insurance. The course will emphasize the basic parameter of the major programs as well as new developments and emerging proposals for reform.

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PUBLIC INTERNATIONAL LAW (3 credits) INTL-300
This course provides a basic introduction to the concepts, institutions, and procedures of international law, and the relationship between international law and domestic legal systems. We will explore how international law is formed, how it is interpreted, and how it is enforced. The course will draw on contemporary international disputes in the areas of human rights, criminal law, refugee and immigration law, the domestic regulation of the foreign affairs power of the US government, and the regulation of armed conflict to illustrate the reach and influence of international and national legal systems.

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PUBLIC HEALTH LAW (2 credits) HLTH-375
Public health law will be a review of the legal and public policy issues that arise in dealing with contagious diseases, environmental dangers, and high-risk behavior. Prerequisites: Constitutional Law. Health Law I recommended but not required.

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RACE AND THE LAW (2-3 credits) JURS-360
Students in this course will examine how the American Legal System has encountered and helped to define the social construct of "race." By studying historical, sociological, artistic, and jurisprudential materials, as well as legal texts such as cases, statutes and the constitution, students should be able to develop a contextualized analysis of law that is often missing in legal education. The class will be strongly encouraged to examine questions of power as it is developed through law and legal systems. All major racial groups, as defined by the U.S. Census, will be covered.

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RACE, RACISM, AND AMERICAN LAW SEMINAR (3 credits) JURS-377
This seminar focuses on critical race theory, a recent movement in the law that examines the relationship among race, racism, and the U.S. legal system. The scope of the movement (and, hence, the class) is broad, including not only legislative and judicial decisions, but also the economic, social scientific, and affective (feeling) sides of race. Through this course and the readings, you will gain an overview of critical race theory, as well as more intensive exposure to particular topics, such as:
    • Colorblindness and its limits.
    • Interest convergence and material determinism in racial history.
    • Race, romance, intermarriage, and the family.
    • Stereotyping in popular media.
    • Protest rights.
You will also learn how to write a paper through a carefully phased series of steps receiving assistance at each one.

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REMEDIES (3 credits) REMD-300
Study of equity, unjust enrichment and restitutionary remedies, proof of damages in personal injury claims, and legal and equitable remedies for deception, duress, undue influence, hardship, unconscionability, mistakes and breach of contract.

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SECURITIES REGULATION (3 credits) BUSN-325
This course falls into two parts which will receive roughly equal attention. First, we will study the federal regulations covering sales of stock both in large offerings to the general public and in small offerings to a very few people. Because these regulations are quite intricate and compliance is expensive and time consuming, perhaps the most important area of our study will be determining which offerings of stock are not covered by these regulations. The second part of the course will focus on the federal provisions imposing civil liability for fraud in connection with the sale of stock. Here the emphasis will be on questions such as who may be a defendant or a plaintiff, what are the elements for recovery, and what is the appropriate measure of damages. Prerequisite: Business Entities.

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SPECIAL EDUCATION LAW SEMINAR (2 credits) EDUL-350
This course will trace the origin and development of special education law since enactment of the Individuals with Disabilities Education Act (IDEA) in 1975 and how the legal process has affected the provision and administration of special education. It will examine the multiple sources of law (federal and state; statutory, regulatory, administrative and judicial) to assess their relative impact and importance and compare the conflict resolution approaches and models used by educators and attorneys. Key concepts of IDEA, such as free appropriate public education, least restrictive environment and individualized education program, will be analyzed to weigh their underlying validity and evolution. Attendance will be mandatory. Grade will be based on a paper and class participation. Enrollment will be limited to 12 students.

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SPORTS LAW (2 credits) SPRT-310
This course examines various legal issues impacting collegiate and professional sports. Students will analyze sports cases and materials that cover multiple disciplines, including contracts, torts, constitutional law, antitrust, labor and employment, intellectual property and criminal law. Students will participate in problem solving exercises and drafting sessions, which explore areas such as player and coaching contracts and investigation of rules infractions and possible sanctions against universities. Students will augment their learning through analysis and discussion of up-to-the-minute sports law developments. Antitrust Law is recommended, but not required.

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STREET LAW (3 credits) STRL-300
Second and third year law students are eligible to teach a practical law class to high school seniors and earn credits at the same time. Law students increase their knowledge of the law and improve lawyering skills of communication and critical thinking while contributing to the education of young persons. Street Law challenges law students, requiring them to integrate legal knowledge and skills with new methods of confronting community legal problems. Law students' own legal education is enriched by new perspectives and skills and students also gain tremendous satisfaction from the contributions to the high school students.

Law students teach in teams or solo, two hours per week between 7:45 a.m. and 2:30 p.m. at one of eight Tacoma, and two Seattle area high schools. The assigned times are made early in the semester. Weekly seminars prepare law students regardless of past teaching experience to conduct successful classes. Although some high schools allow for afternoon classes, it is best for the student to have two two-hour blocks available in the morning for teaching, plus travel time to Tacoma or the Ballard area of Seattle. The culminating experience is a mock trial in which law students coach the seniors to serve as prosecution and defense teams to put on a trial at the law school in front of real judges and attorney evaluators.

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TAX POLICY SEMINAR (2 credits) TAXL-360
This seminar explores fundamental issues relating to the design and implementation of a fair and efficient tax system. Among the topics to be examined are justice in the distribution of the tax burden, gender biases in the tax system, complexity, and the tax legislative process. The writing component of the seminar will consist of several short papers to be written throughout the semester. Prerequisite: Individual Income Tax.

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TAXATION OF CHARITABLE (NON-PROFIT) ORGANIZATIONS (2 credits) TAXL-325
This course will cover property law and tax consequences to nonprofit organizations and to related persons and entities. Among topics to be considered are: classification of non-profits; state and federal implications from non-profit status; qualifying and operating nonprofit organizations; charitable contributions rules; and liability of directors, officers and employees. Prerequisite: Individual Income Tax.

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TORTS (2 credits-fall) TORT-105 (3 credits-spring) or TORT-100 (5 credits-summer)
Nature, historical development, social and economic elements, and consequences of the body of law defining noncontractual civil obligations by which the legal system shifts the economic burden of various injuries. Study of liability for physical harm, defamation, and other relational harm.

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TRADEMARK ADMINISTRATION LAB (1 credit) INTP-316
Trademarks are among a company's most valuable assets. This lab course is designed to provide the student with the tools necessary to advise a client in building and managing its domestic and international trademark portfolio. The course addresses such matters as trademark selection and clearance searches; filing and prosecuting trademark applications in the U.S. Patent and Trademark Office; statutory bars to trademark registration, such as likelihood of confusion and descriptiveness; ex parte and inter parties practice before the Trademark Trial and Appeal Board; registration and maintenance of a client's trademarks; and policing and enforcing your client's trademarks. This course must be taken pass/fail. Prerequisite: Intellectual Property; Prerequisite or co-requisite: Trademark Law.

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TRADEMARK LAW (2 credits) INTP-315
This course focuses on the day-to-day realities of trademark practice, including the origin, nature, and extent of trademark rights; what constitutes "use" of a trademark for purposes of ownership, enforcement, and liability; the protectability of nontraditional trademarks such as colors and configurations; client counseling and resolving trademark disputes; protecting and enforcing trademark rights; and the limitations on trademark protection. Along the way, the course addresses such related areas of law as federal and common law unfair competition and deceptive advertising, trade dress, rights of publicity, Internet domain names, and uses of trademarks in Web advertising. Prerequisite: Intellectual Property.

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TRANSITIONING TO PRACTICE: A NEW LAWYER'S GUIDE TO PRACTICE IN KING COUNTY (1 credit) LPRC-305
The course is designed to provide practical and concrete knowledge of "how to" practice in King County Superior Court with an emphasis on motion and trial practice. This focus of this course is "real life" skills that you will put to everyday use and is taught by a Superior Court Judge and a practicing litigator. Students will be introduced to state and local court rules, case and client management, drafting of proposed orders, tips for oral argument, and presentation of evidence to a judge or jury. They will also learn basic skills like how to file a motion and where their motion will be heard. Two hours of in-court observation will be required. Although the primary focus of the course is on King County Superior Court, students will also receive an overview of other courts in our area. Mandatory course materials include: Local Rules for King County, State Court Rules for Superior Court, Washington Rules of Evidence, and Washington Rules of Professional Conduct. The class will meet on 3 Saturdays. Registration is limited to students in their final year of law school.

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TRANSNATIONAL LITIGATION AND ARBITRATION (3 credits) INTL-330
This course will explore some of the challenges faced when suing foreign defendants in American courts. We will consider issues such as the extraterritorial reach of American statutes, the limits of personal and subject matter jurisdiction, choice of law problems, problems in the discovery process, problems of enforcement, diplomatic interference, and some of the alternatives to traditional litigation, especially international arbitration.

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TRIAL TECHNIQUES (4 credits) ADVC-315
This course is designed to teach students trial skills, strategies, and techniques, from both a practice-oriented and theoretical approach. One the practice side, students will conduct mock trials and perform exercises in specific trial disciplines. On the theoretical side, students will determine trial strategies and discover how to tailor their trial presentations to various target audiences. All students will be expected to prepare fully and to participate actively in class sessions. Prerequisite: Evidence. Note: Students may not receive credit for Comprehensive Trial Advocacy and Trial Techniques. It is preferable for students to have completed Comprehensive Pretrial Advocacy before enrolling in Trial Techniques, though not required.

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TRIBAL GOVERNMENTAL GAMING (2 credits) INDL-330
This seminar will review the legal, political and social forces that led to the enactment of the Indian Gaming Regulatory Act (IGRA) and examine the implementation of the Act. The course covers all of the major issues involved in IGRA, including: management contracts; the powers of the National Indian Gaming Commission; the classification of various gaming activities; tribal authority over gaming; the role of the states in the regulation of Indian gaming and the determination of where Indian gaming facilities may be located. Requirements for the course include informed class participation and the preparation of a research paper. The Federal Indian Law course is not a prerequisite, but it will be helpful in understanding the concepts involved in IGRA and the issues that have arisen in the implementation of the Act.

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TRUSTS AND ESTATES (3 credits) ESTA-300
This course, which stands on its own as a survey course and also serves as an introduction to Estate Planning, covers the law of wills, trusts, and intestate succession. It includes execution and revocation of wills; creation, modification, and termination of trusts; problems of construction; restrictions on testation and transfers in trust; and future interests. The course covers some aspects of fiduciary administration, but not taxation.

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TRUSTS AND ESTATES CLINIC (3 credits) ESTA-400 (Fall)
Students will represent a low-income elderly or disabled person in an estate planning matter, including preparation of wills, powers of attorney and health care directives. Student teams must maintain office hours in the Clinic offices for a total of four hours per week. Office hours must be scheduled on Tuesday, Wednesday, or Thursday between 1 and 8 p.m. This clinic is available as an evening clinic. Prerequisite or co-requisite: Trusts and Estates. Students must meet the Law Clinic's conflict of interest rules.

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UCC SALES & SECURED TRANSACTIONS (4 credits) COMM-305
The course covers two different areas of commercial law, the law governing the sales of tangible personal property and the law pertaining to security interests in personal property. The sales portion of the course deals with contracts for the sale of goods, involving issues that generally are not dealt with in first year contracts. The course covers shipment of the goods when the parties are at a distance and the risk of loss should the goods be damaged or destroyed prior to acceptance by the buyer. Of central importance is the seller's obligations with respect to the quality of and title to the goods. Discussed under this topic are the creation and content of express and implied warranties; the manner in which they may be modified or disclaimed; and the contractual alterations the parties can make to the remedies provided by the law. The course also treats the buyer's right to reject or revoke acceptance of non-conforming goods; the buyer's and seller's remedies in the event of breach; and the right of the buyer or seller to reclaim goods from an insolvent seller or buyer. Although the central source of law for this portion of the course is Article 2 of the Uniform Commercial Code, the course also will consider the interface between the Code and products liability law.

The secured transactions portion of the class deals with the manner in which parties can create interests in personal property to secure the payment of a debt and the consequences of creating such an interest. Discussed are the manner of creating and perfecting security interests; priorities among secured parties; priorities between secured creditors and unsecured creditors and purchasers; and the remedies that exist in the event of default or improper seizure of the secured property. The course also considers the scope of Article 9 of the Uniform Commercial Code, which governs secured transactions, attending to such issues as leases that are intended for security and consignments of goods. In addition to treating these issues under Article 9, the course considers the effects of the Bankruptcy Act upon security interests when the debtor is in bankruptcy proceedings with emphasis upon such issues as voidable and preferential transfers.

The course is highly important, if not indispensable, for students considering a general business practice and very important for those contemplating a general practice of law. In both types of practice, a lawyer is highly likely to encounter sales issues, frequently of a relatively sophisticated or complex nature, and is likely to deal with some type of secured transaction matter. Issues from both of these areas are tested frequently on state bar exams, making the course useful even for those who are not considering practicing in an area likely to encounter sales or secured transactions issues. Finally, from a purely academic perspective, the course is valuable in analyzing a number of important issues concerning the manner in which society structures important commercial transactions.

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UNITED STATES SUPREME COURT PRACTICE SEMINAR (3 credits) CNLW-415
This course is designed as an introduction to the world of United States Supreme Court litigation. The primary objective of the course is to give students a sense of the business of the Court—what kind of cases it hears, how it decides to take cases, what kind of briefs and arguments it considers, how it drafts opinions, etc. An important secondary objective, however, is to give students insight into and practice at the skills that are necessary to be an effective Supreme Court advocate—convincing the Court to take a case, crafting a persuasive brief, making a compelling oral argument, etc. While very few lawyers ever have an opportunity to argue a case before the United States Supreme Court, the skills that are necessary to succeed in Supreme Court litigation are very similar to (though not exactly the same as) those necessary to succeed in appellate litigation more generally. The class has a substantial number of simulations and written exercises (including the drafting of a substantial mock judicial opinion) but no final exam.

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U.S. RACES AND THE JUSTICE SYSTEM (3 credits) JURS-360
The course addresses the racial and legal history of the major ethnic and racial groups in the United States, including African Americans, Native Americans, Latinos, Asian Americans, and Whites. Further topics include:

  • Competing definitions and understandings of race and racism.
  • The legal system's contribution to the construction of race, including the white race.
  • Race, sexuality, and the family.
  • Race and popular culture.
  • Racist and antiracist speech and freedom of expression.
  • Race, policing, crime and criminalization.
  • Responses to racism: racial coalitions, resistance, rebellious lawyering, and healing.

The course will employ a lecture-discussion format, with a single written examination at the end. There is no prerequisite.

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VC BACKED START-UP LABS (2 credits) BUSN-402
Students will work directly with start-up companies performing the same tasks as Associate Attorneys would do in a transaction type law firm. There will be lecture and reading on legal activities related to the institutional fund raising part of start-up companies. Students prepare Private Placement Memorandum (PPM), negotiate with the start-up companies, make presentations to the senior management of the companies, and develop Term-Sheets for the Venture Capital investment into the companies. Pre-requisite: Business Entities.

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WASHINGTON STATE CONSTITUTIONAL LAW SEMINAR (3 credits) CNLW-315
This course begins with an introduction to Washington state constitutional history, decision making, and theories of judicial review. We will study Supreme Court review of state constitutional decisions, litigation of state constitutional questions, damage actions and attorney fee awards. The course will cover freedom of speech and press; right to a remedy; criminal justice, including search and seizure, confessions and other selected issues; and state constitutional amendments and individual rights. The grade for the class is largely determined on the basis of participation and a lengthy research paper. This class is not all that relevant for students who do not intend to practice in Washington State, and is limited to 15 students. Prerequisite: Constitutional Law.

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WATER LAW (3 credits) ENVL-350
The development of water resources and the growth of the law in the context of scarcity and competition between instream resources and the demands of population growth is the focus of this course. Materials and discussion will emphasize the fundamental principles of ownership and rights to use water, primarily concentrating on western water law and the prior appropriation doctrine. Students will study a range of issues and topics including irrigation rights and municipal use, tribal and federal reserved water rights, the public trust doctrine and the politics of water law. State water rights in the context of federal laws such as the Clean Water Act and the Endangered Species Act will be covered as well.

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WHISTLEBLOWERS & THE LAW (2 credits) BUSN-355
This course examines the complex web of laws that protect employees who disclose serious wrongdoing in the workplace, otherwise known as “whistleblowers.” Despite heightened national focus after Enron and 9/11 on the importance of protecting workers from retaliation for reporting information about corporate or government fraud, unsafe practices that threaten public health, safety or the environment, unethical or illegal conduct, or other misdeeds, there is an absence of comprehensive legal protection for all whistleblowers. Whistleblower protection law is a patchwork that often invokes employment law, labor law, constitutional law, environmental law, securities law, and administrative law. This course will cover the many federal and state statutory and common law protections available to whistleblowers, the reach and limitations of some of these legal protections, and the elements prosecuting and defending a typical whistleblower claim, while discussing the ethical, legal, and practical implications of disclosing and responding to problems witnessed in the workplace. Class participation expected and written assignments required. Pre- or co-requisites: Employment Law or Employment Discrimination.

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WORKPLACE HEALTH AND SAFETY (3 credits) EMPL-330
The course examines the legal mechanisms aimed at reducing the incidence of work-related illnesses and accidents, and providing compensation for workers disabled by occupational injuries and diseases. It will first cover workers' compensation, a statutory scheme that eliminates the employer's common-law duty in tort to provide covered workers with a reasonably safe place to work, and replaces it with an obligation on the part of employers to pay, on a non-fault basis, fixed benefits to employees disabled by accidents or illness that arise out of and in the course of the employment, and to the families of workers killed by job-connected accidents or diseases.

Special attention will be paid to the various issues that arise in determining whether or not the particular injury or illness was a compensable event as designated by the statute and whether or not the disability was in fact causally related to the employment.

The course will also focus on the interrelationship between worker compensation and tort law in two discrete contexts: first, when the employee seeks to avoid the exclusivity of the worker compensation remedy by claiming that her injury was not covered by the statute, and therefore she can sue her employer in tort (as often occurs when the employer is sued for allegedly committing an intentional tort against the employee); and second, in the interface between worker compensation and product liability law, when a worker injured on the job brings a product liability suit against a manufacturer, and the manufacturer tries to allocate all or part of the loss to the employer.

The course will also cover the law of occupational safety and health, as embodied in the federal Occupational Safety and Heath Act (OSHA), which authorizes the Department of Labor to set mandatory standards meant to reduce work-related injuries and illnesses, and imposes a general duty on employers to maintain safe working conditions. The process by which standards are set, judicial review of standards and enforcement of the standards will be examined.

The course will be useful for students who plan to specialize in personal-injury law or employment law, or who intend to be general practitioners. Prerequisite: Tort Law. It would be helpful if students have also taken Administrative Law, but that course is not a prerequisite.

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YOUTH ADVOCACY CLINIC (6 credits) ADVC-310
Working with attorneys from The Defender Association (a King County public defense law firm) and under the supervision of Clinic faculty, students will engage in various forms of advocacy including: (1)the representation of youth accused as juvenile or status offenders; (2) representation of youth seeking Special Immigrant Juvenile Status; (3) direct representation and policy-based advocacy related to the detention and/or shackling of children in truancy, criminal and/or dependency cases and the denial of the right to counsel to children and/or adults in a variety of criminal justice settings. The trial skills component of the Clinic includes a day-long Trial Skills Workshop (on a Friday) and a day-long Mock Motion Hearing before an actual judge (on a Saturday). Interested students can learn the dates of these mandatory sessions by contacting the Clinic faculty or Office Manager. Prerequisite: Evidence. Co-requisite: Professional Responsibility. Must be Rule 9 eligible. Students completing the Civil Advocacy focus area must take Comprehensive Pretrial Advocacy before taking the Youth Advocacy Clinic. Students must meet the Law Clinic's conflict of interest rules.

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