Spring 2016 Class Assignments
Class assignments are listed alphabetically by course name. All will be posted as received. If you do not see the assignments you are looking for, check TWEN, your professor's personal homepage or return to this web page to check again later.
You should have received your password for TWEN at orientation in August
- Bankruptcy A (BANK-300-A)
- Business Entities (BUSN-300)
- Christian Perspectives on the Law A (JURS-317-A)
- Constitutional Law II-E (CNLW-300-E)
- Contracts A (CONT-105-A)
- Evidence A (EVID-200-A)
- Family Law (FAML-315)
- Federal Indian Law (INDL-300)
- Health Law I (HLTH-305-E)
- Individual Income Taxation (TAXL-300-A)
- Introduction to Practice A (LPRC-100-A)
- Introduction to Practice E (LPRC-100-E)
- Law and Social Movements A (JURS-387-A)
- Litigating Governmental Misconduct (CNLW-385)
- Professional Responsibility A & E (PROF-200-A&E)
- Professional Responsibility B (PROF-200-B)
- Property A (PROP-100-A)
- Property B (PROP-100-B)
- Real Estate Trasactions A (PROP-300-A)
- Remedies A (REMD-300-A)
- TORTS A (TORT-105-A)
- TORTS E (TORT-105-E)
- TORTS E (TORT-300-E)
- Trusts & Estates A (ESTA-300-A)
- UCC Secured Transactions (COMM-355)
Read pages 1-17.
Prior to class starting, you will need to secure a Wall Street Journal Subscription for Spring Semester.
Each student goes to the Wall Street Journal website and signs up for a student subscription. It cost $15 for the semester. Here is the link. https://buy.wsj.com/offers/html/JIEofferWDSM151.html?trackCode=aaqb9wc7
Topic 1. Introduction: What is Law? What is Theology?
Monday, January 11
What is the Law? Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition, Organization of American States
Joseph Ratzinger (Pope Benedict XVI), What in Fact is Theology?
Wednesday, January 13
Kent Greenawalt, Reflections on Christian Jurisprudence and Political Philosophy, in I THE TEACHING OF MODERN CHRISTIANITY ON LAW, POLITICS, AND HUMAN NATURE, 715 (Jon Witte Jr. & Frank S. Alexander eds. 2006) (read pages 715-18, 732-51)
Reading Assignments for the Professor Skover’s Constitutional Law II class are found at Skover Online. Go to www.skoveronline.net. Please read all pages associated with the Constitutional Law II Course.
Register for this class on TWEN. Purchase the AN INTRODUCTION TO CONTRACTS: THE LAW OF TRANSACTIONS PART 1 AND PART 2 in the School Bookstore when they are offered for sale. Your first Assignment is located here: An Introduction to Contracts
Please join the TWEN site that has been established for this course. Please read the syllabus for the course, posted under the syllabus tab.
Please also read pp. 8-40 of the textbook and FRE 101, 102, 103, 104, 105, 401, 402, and 403 (we will be focusing on 401, 402, and 403 in class but will touch on the other rules as well).
For Tuesday, January 12: Read pages 3-32.
The first part of the semester we will focus on relationships between adults as opposed to those between adults and children. These readings begin our consideration. As you do the readings, you should consider these questions/observations.
Why personal (non-commercial) relationships between adults are subject to special legal regulation? Why not just leave people to do as they wish without the interference of law? Why not use contract law, which is a very well-developed and well known body of law?
The early readings reflect different perspectives on the role of law. Is there any you particularly agree with? Disagree with?
The first readings are also about the importance of marriage. Do you think marriage is an important legal institution? Cultural institution? Religious institution? Why or why not?
The law around marriage has changed dramatically in the past five years. In your view, is the law following behind a social change or is the law leading the way? Or is it both? Do you think recent changes in the law of marriage have changed the relevance of the writings in the book?
Identify one or two sentences in pages 3-14 that you find noteworthy. It need not be something you agree with. It could be something you don’t understand, or something that makes you angry, or something that you think is insightful or interesting. Be prepared to explain why you made the choice you did.
For Thursday, January 14: Skim 33-47. Read 57-75. Pay special attention to MaGuire, page 57, and the materials that discuss that case.
McGuire is a classic case, featured in almost every family law casebook. You might wonder why this is—what is so important about the case that virtually every casebook author includes it? Read this short case with care and give it some thought. The following questions will help you do this.
What did Mrs. McGuire want from the court? Why is the court unwilling to help her? Is it because the judges do not believe she is entitled to what she wants or is there some other concern operating?
What policies support the court's decision? What are the strengths and weaknesses of this position?
Under what circumstances would the court order more generous support for Mrs. McGuire? What advice could you give Mrs. McGuire about how she could obtain more generous support? Does this make any sense? Note the year that McGuire was decided. Is that significant?
Is McGuire a product of archaic assumptions? Do you think the case would come out differently today? Why? Should it? If you were a judge today sitting on a case like McGuire, what would you do?
Is recognition of some sphere of marital privacy into which a court will not venture, a good idea? Why? Even if you do not think it is a good idea, try and think of some reasons why others might endorse such a policy.
Pay attention to Buckstaff, too. How does Buckstaff fit with McGuire?
Adjunct Professor M. Mirande
Text: Goldberg, Tsosie, Clinton, and Riley, American Indian Law: Native Nations and the Federal System (LexisNexis, 7th ed. 2015) (“Goldberg”).
Readings for 12 & 14 January 2016:
12 Jan.: U.S. Const. Art. I, sec. 2, cl. 3; Art. I, sec. 8, cl. 3; Art. II, sec. 2, cl. 3; Art. VI, sec. 2; 14th Amend., sec. 2; 8 USC 1401(b); Goldberg 13-43, 45-50.
14 Jan.: Goldberg 53-59, 62-77 (top), 763-764 (2d full P to top of 764).
Please read the constitutional and statutory provisions as well as the text.
Read Pages 1-27 of the casebook (Barry R. Furrow et. al., Health Law: Cases, Materials and Problems (7th ed. 2013)
and watch online the show Frontline: Sick Around the World (PBS Frontline, Season 26, original air date was April 15, 2008) [length 56:36] -- available on iTunes for $1.99 if you cannot access it for free directly from PBS or other streaming service.
Professor Dean Spade
Before class on January 12, do the readings below and complete the Initial Skills Assessment here: https://seattleux.qualtrics.com/SE/?SID=SV_5uLqMtXuSPI8uq1
- Working Together in Law: Teamwork and Small Group Skills for Legal Professionals, (eds. Sparrow, Scallen and Zimmerman) excerpt on Canvas site.
- Nina Shapiro, “Time running out on Seattle family’s ‘golden ticket’ to landing home,” Seattle Times September 29, 2015 http://www.seattletimes.com/business/economy/time-running-out-on-seattle-familys-golden-ticket-to-housing/.
- Daniel Beekman, “King County Housing Authority buried in Section 8 applications,” Seattle Times, Feb. 19, 2015, http://blogs.seattletimes.com/today/2015/02/king-county-housing-authority-buried-in-section-8-applications/
- Daniel Beekman, “Mayor, county exec declare ‘state of emergency’ over homelessness,” Seattle Times, November 2, 2015, http://www.seattletimes.com/seattle-news/politics/mayor-county-exec-declare-state-of-emergency-over-homelessness/
- Martha Tesema, “Emergency Management Plan, Real Change,” November 4, 2015 http://realchangenews.org/2015/11/04/emergency-management-plan
- National Low-Income Housing Coalition, “2015 Hours at Minimum Wage Needed to Afford Rent Map,” Policy Mic, http://mic.com/articles/120428/1-map-shows-how-many-hours-you-need-to-work-minimum-wage-to-rent-an-apartment-in-any-state#.xr1SaZFR3
- “Nine Charts about Wealth Inequality in America,” Data Tools, http://datatools.urban.org/Features/wealth-inequality-charts/
- Optional Further Reading:
- Bob Young, “Seattle Renters Face Teardown Blues, Higher Prices,” Seattle Times, November 30, 2015, http://www.seattletimes.com/business/real-estate/seattle-renters-face-teardown-blues/, (details some tax reform proposals aimed at addressing lack of affordable housing)
- Katie Herzog, “In Seattle, the Rent is Too Damn High, Grist, June 3, 2015, http://grist.org/cities/in-seattle-the-rent-is-too-damn-high/ (outlining impact of tech migration on rents, describing debates about rent control and other proposals to address lack of affordable housing)
For those who prefer to read ahead, these are the readings for Jan 14:
RCW 59.18: http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18
RCW 59.12: http://apps.leg.wa.gov/rcw/default.aspx?cite=59.12
Steve Fredrickson, “Advising and Representing Low-Income Tenants Facing Eviction:
Overview of the Residential Landlord Tenant Act,” January 30, 2015, King County Bar Association Housing Justice Project
“Eviction and Your Defense: Instructions and Forms,” August 2015, Northwest Justice Project, http://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/819A0BA1-F856-49A6-8782-E316D85F834B/6310en_eviction-defense.pdf
Review Tenants Union Website: http://www.tenantsunion.org/en
Review WA Landlord Association Website, pay particular attention to “legislative” tab: http://www.walandlord.com/
The entire syllabus and additional relevant files are posted on the Canvas website for this course, please access them.
Class 1, Tuesday January 12:
Course Overview: Goals and Skills Assessment Note: Initial Skills Assessment form is due by 11:00 p.m. Saturday January 16 but is graded only as class participation.
Class 2, Thursday, January 14:
Discussion of Teamwork, Cultural Competency and other Lawyer Competencies, Civility, and Communication Reading: Pretrial Advocacy, Chapter 1 and advance pages for Chapter 1 updates on teamwork and cultural competency (see Canvas Modules).
January 12 & 14
- Robert Stephens II, “In Defense of the Ferguson Riots,” Jacobin, August 14, 2014, https://www.jacobinmag.com/2014/08/in-defense-of-the-ferguson-riots/
- Donna Murch, “Ferguson’s Inheritance,” Jacobin, August 5, 2015, https://www.jacobinmag.com/2015/08/ferguson-police-black-lives-matter/
- Review the Campaign Zero Website, especially the “Solutions” and “Feedback” sections, http://www.joincampaignzero.org/#vision
- Barbara Ransby, “From Mizzou to Yale: The Resurgence of Black Student Protest,” Truthout, November 25, 2015, http://www.truth-out.org/news/item/33785-from-mizzou-to-yale-the-resurgence-of-black-student-protest
- Khury Petersen-Smith and Brian Bean, “Nothing Short of Liberation,” Jacobin, June 4, 2015, https://www.dissentmagazine.org/online_articles/black-lives-matter-minneapolis-symbolic-demands-winning
- David Rogers, “Black Lives Matters Supporters in Oregon Targeted by State Surveillance,” ACLU, November 10, 2015, http://aclu-or.org/content/black-lives-matter-supporters-oregon-targeted-state-surveillance
- Keeanga-Yamahtta Taylor, “No More Eric Garners,” Jacobin, December 13, 2014, https://www.jacobinmag.com/2014/12/no-more-eric-garners/
- Keeanga-Yamahtta Taylor, “Organizing Fergusons,” Jacobin, November 26, 2014, https://www.jacobinmag.com/2014/11/organizing-fergusons/
- Waleed Shahid, “How Is Black Lives Matter Winning?,” Dissent, December 5, 2015, https://www.dissentmagazine.org/online_articles/black-lives-matter-minneapolis-symbolic-demands-winning
- Vijay Prashad, “Black Bodies, Broken Worlds,” Counterpunch, December 8, 2014, http://www.counterpunch.org/2014/12/08/black-bodies-broken-worlds/
- Angela Davis, “From Michael Brown to Assatta Shakur, The Racist State of America and Persists, The Guardian, November 1, 2014, http://www.theguardian.com/commentisfree/2014/nov/01/michael-brown-assata-shakur-racist-state-of-america
- Center for Research on Criminal Justice, The Iron Fist and the Velvet Glove: An Analysis of the U.S. Police, (1977), (Skim or read the parts that interest you, and look at the section on Team Policing, pp. 134-145), PDF on TWEN.
Our first class meeting is Tuesday, January 12. We meet at 2:00 in Room 328. I am assigning two cases for that class. They are:
Monroe v. Pape, 365 US 167 (1961)
Bivens v Six Unknown Named Agents, 403 US 388 (1971)
Given these citations, I expect you to locate these cases and, once you have done so, to read them.
You will doubtless have noticed that there is no textbook for this class. Neither am I editing the opinions. Instead, we will be reading full-text opinions, generally opinions of the US Supreme Court. These are difficult and complicated. You will need to learn to identify the parts that are most important for our topic and the parts you can reasonably skim. This is a critical skill in the practice of law no matter what field of endeavor you choose.
I will frequently provide you with some questions/guidance to help you in preparing for class. For example, in Monroe v. Pape, four major issues are actually decided. Can you identify them? (You should pause here and try to do it.)
(Resume after you have tried on your own.) The four issues are 1) what does “under color of law” mean? 2) does a plaintiff have to exhaust state remedies or show them to be inadequate? 3) what intent is required for 1983? And 4) can Chicago be held liable. Find and mark the discussions for each. Think about why each of these questions is important.
You should probably review a little basic torts. What are the general elements of tort claims (duty, breach, etc.)? You will see that these, too, become important as we go further into the course. Think about how they play out in Monroe. For instance, what is the duty a police officer owes a citizen in this setting? Where does it come from?
Think about the relationship between the tort claim and the Section 1983 claim in a case like Monroe. (I’m assuming there was a tort claim.) How does what you have to prove for each claim compare?
You might also refresh your memory of supplemental jurisdiction. In the older language of jurisdiction, I’d say that there’s a Section 1983 and a pendent state claim. The state claim does not have an independent basis for being in federal court—it is there by virtue of 28 U.S.C. Section 1367—supplemental jurisdiction. This means that if the federal claim is dismissed the state claim cannot remain in federal court.
All of this takes us back to the question of what it means to be “under color of law.”
I also want to say a bit about the attorney’s fees provisions relevant here. Someone might remind me of that.
Finally, we’ll go on to Bivens. This is really a remarkable case. What is it that the Court is doing here? Where does the authority for it come from? Why is it important? What’s the relationship between a Bivens action (as they are called) and a Section 1983 action?
Professor John Strait
Register for this class on TWEN. Read introductory statements in the syllabus. Before doing any CALI exercise, make sure you do them correctly per the instructions in the CALI folder so you will not have to redo them to receive credit. All class materials are listed on TWEN in the folder for each class.
January 12, 2016, Class 1:
Ethical Problems in the Practice of Law, by Lerman and Schrag (hereafter LS) INTRODUCTION. pp. 1-13; CH. 1, THE REGULATION OF LAWYERS, pp. 19 – 45 Go to the CALI Folder on TWEN. Read the CALI Student Instructions sheet and follow them for submitting to the CALI Assignment Dropbox so that credit will be awarded for proper submission. --Do CALI exercise: Sources of Law Regulating the Practice of Law (1 hour) and submit a screen capture to the drop box per your CALI Student Instructions.
January 14, 2016, Class 2:
LS CH. 1, THE REGULATION OF LAWYERS, pp. 45 – 79, Admission to Practice
- In Re Wright
- Wright Jimi Petition
for class discussion:
- WA Admission to Practice Rule (APR) 3 and
- WA APR 21-24
- Universal Bar Exam Application for Bar Examination
- Application Instructions to the WA ST Bar and URL Link
- Sample WA ST Bar Application Form
Assignment available here: For Week One
Mon., Jan. 11: pp. 3 - 40
Wed., Jan. 13: pp. 40-56; 56 - 83
For Wednesday's class, make sure you read and understand the materials on pages 40-56. I will not be questioning you directly on that material in class, but we will be discussing some of the concepts in those materials later in the course.
The required texts for this course are Joseph William Singer, et al., Property Law: Rules, Policies, and Practices (6th ed. 2014) ["Singer"]; and materials available via the TWEN site for the course ["TWEN"].
For our first class meeting, please prepare the following materials:
Background: "A Guide to the Book", Singer, xxxi-xlvi
Possession: Wild Animals and Baseballs, Singer, 130-41
Register for this course on TWEN where you will find your syllabus with assignments and course materials posted in due course.
Assignment available here: Introduction to the Course
Register for this class on TWEN.
Class #1: The Duty to Rescue/Duties of Landowners—pp.509-550 in the 10th edition of Epstein & Sharkey’s Torts casebook (2013).
Assignment for the first two weeks of class:
Compensatory Damages for Personal Injury
- Medical expenses: Pages 583-596
- Lost Earnings and Impairment of Earning Capacity: Pages 596-615
- Pain, Suffering and Other Intangibles: Pages 615-626
After we have completed the discussion of the readings on damages, every student will participate in a negotiating exercise based on Problem 36: pages 626-649. The class will be divided into teams of four students (two representing the plaintiff and two representing the defendant) that will conduct a negotiation in an attempt to settle the tort claim brought by Sidney Rothman against Tompkins Department Store. Each team will receive detailed instructions and a confidential information packet prior to the exercise. You will also need to re-read pages 148-158 on vicarious liability in order to prepare for this exercise.
Please register on TWEN
The password to enroll in the course is: PL2016SU
CLASS 1: Monday, January 11, 2016:
Introductory Lecture: What is the Most Complicated (and Interesting(!)) Thing in the Universe?? Review of Syllabus and Website.
Readings: Casebook: 1-16.
Writing Assignments: Problem No. 1 [Mandatory] due Wednesday, January 20, 2016.
Check Table of Deadlines at the end of this Syllabus regarding all other Problem, Quiz, assignment deadlines.
CLASS 2: Wednesday, January 13, 2016:
Lecture: Products Liability: Where the Rubber Meets the Road.
Class Debate: Public v. Private regulation of risks
Readings: Casebook: 16-40; Anthology: 105-120
Online Quiz: Quiz No. 1 due next Wednesday.
Check Table of Deadlines at the end of this Syllabus regarding due dates for all problems, quizzes and assignments.
Register for this course on TWEN where you will find your syllabus with assignments and course materials posted in due course.
Read pages 3-19.
Read UCC §§1-101 through 1-103 (and Official Comments).
Complete Problem 1.1.