Course Offerings Spring 2012 - Present Course Titles A - D

ACCOUNTING AND FINANCE FOR LAWYERS: AN INTRODUCTION (BUSN-500) 1 credit
All modern lawyers--no matter what type of practice they're engaged in--need to understand the basics of accounting and finance. This is true both as a matter of professional competence and because lawyers should be informed citizens who can participate effectively in public debates on regulation of major industries such as banking and housing finance. This course will teach these basics, focusing particularly on real world examples such as Enron's financial fraud and the 2008-9 financial collapse. No accounting or finance background is required for the course, and it should not be taken by anyone who has such a background.

Accounting and finance issues arise regularly in business representation, including starting and conducting even a solo law practice. But they also arise frequently in the representation of nonprofit and government entities. And every lawyer needs to recognize "red flags" that suggest that its client or an adverse party may have committed financial fraud, or is in weakening financial condition--in short, when someone is "playing with the books." Following are some examples. Litigators will repeatedly encounter accounting issues in contract and tort damages, securities fraud, and discovery matters. Criminal lawyers--both prosecution and defense--need to understand how white-collar criminals commit their crimes. Government regulators and public interest organizations need accurately to analyze the financial condition of regulated businesses, both in developing and in enforcing regulations. Family law lawyers must be able to interpret financial statements in a broad range of matters such as property settlements of fundamental importance to their clients.

The course will introduce students to the basic principles of accounting, including those covering the creation and analysis of company financial statements (e.g., balance sheets and income statements) using Generally Accepted Accounting Principles ("GAAP"). It will also cover basic concepts of finance such as the time value of money and financial ratios. To the extent time permits, it will examine key rules regarding government regulation of financial reporting. Finally, the course will give consideration to major professional responsibility issues related to matters such as required government reporting and financial fraud.

No prerequisites. Restriction: Course must be taken pass/fail.

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ACCOUNTING FOR LAWYERS (BUSN-367) 2 credits
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.

Pre or co-requisite: Business Entities (BUSN-300). Restriction: Students who have completed intermediate or advanced accounting courses are not eligible to enroll in this course.

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ADMINISTRATIVE LAW (ADMN-300) 3 credits
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.

No prerequisites.

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ADMINISTRATIVE LAW CLINIC (ADMN-400) 4 credits
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. Restriction: Students must meet the Law Clinic's conflict of interest rules.
This course fulfills the professional skills requirement.

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ADMIRALTY (ADMR-300) 3 credits
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.

No prerequisites.

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ADOPTION LAW AND PRACTICE (FAML-320) 2 credits
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.

No prerequisites.

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ADVANCED CONSTITUTIONAL LAW: CIVIL RIGHTS AND CIVIL LIBERTIES (CNLW-320) 3 credits
This class offers a general survey of the major constitutional issues related to individual rights. It explores both structural issues related to individuals rights claims (such as the state action doctrine and incorporation) and the substantive law governing rights claims under many of the most significant constitutional provisions including the Free Speech, Free Expression, and Establishment Clauses of the First Amendment; the Equal Protection and Due Process Clauses of the Fourteenth Amendment; and the Second Amendment. It is designed to supplement the required Constitutional Law course with regard to the individual rights issues treated in that course and to provide an introduction to important issues that are not treated in the required course. Readings will consist mostly of cases, supplemented on occasion by law review articles and other commentary. The class will have an examination (whether in-class or at-home TBD) and may also require a few short writing assignments or in-class activities.

Prerequisite: Constitutional Law (CNLW-200).

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ADVANCED CONSTITUTIONAL LAW: DISSENT (CNLW-320) 2 credits
"On Dissent" is a seminar (12 persons maximum) in which the participants will read and discuss one book (or part of a book) per week and write three five to six page "think pieces" through the semester. The books will focus primarily on dissent within the American experience. Among the major topics will be the ontology of dissent, the history of dissent, the practices of dissent, and crimes of dissent.
Prerequisite: Constitutional Law (CNLW-200).

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ADVANCED CONSTITUTIONAL LAW: FEDERALISM (CNLW-320) 2 credits
Intensive study of several current issues of federal legislative power and state governance authority.

Prerequisite: Constitutional Law (CNLW-200).

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ADVANCED CONSTITUTIONAL LAW: POLITICAL PROCESS AND POLITICAL PARTICIPATION (CNLW-320) 2 credits
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 (CNLW-200).

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ADVANCED CONSTITUTIONAL LAW: SEPARATION OF POWERS (CNLW-320) 3 credits
This course will explore the legal, political, and policy frameworks governing the relationship between the three constitutional branches of the federal government. Much of the course will focus on how conflicts between the branches are mediated, principally by the Supreme Court, but a significant emphasis will also be placed on how each branch exerts influence and control on the other two coordinate branches. Topics to be covered will include: theoretical approaches to separation of power analysis; judicial control of the presidency and congressional control of federal jurisdiction; Executive power, including the President's veto, foreign policy, and war powers; impeachment and appointment authority; detention power in the war on terror; signing statements; and congressional and executive supervision of the agencies.

Prerequisite: Constitutional Law (CNLW-200).

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ADVANCED COPYRIGHT LAW (INTP-322) 2 credits
This interactive course will focus on current and emerging topics in U.S. and international copyright law, including currently litigated issues, active legislative proposals and the application of copyright law to new or disruptive technologies and activities, and other practical applications. We will pay particular attention to understanding the business, economic, and other contexts underlying copyright decisions and laws. The course will address international copyright treaty requirements, fair use issues, music sampling, mash-ups and file sharing, rights in databases, exercise of author termination rights, online and social media uses, virtual worlds, preemption/idea theft, copyright trolls, protection of fashion, safe harbor, anti-circumvention measures and other Digital Millennium Copyright Act provisions, the license v. sale of software debate, open source software, protection of architectural works, information technology issues, copyright misuse, and proposals for new copyright principles. The course will include student participation and presentations, some lectures, visiting speakers, and simulation exercises.

Prerequisite: Copyright Law (INTP-320).

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ADVANCED CRIMINAL LAW: A 21ST CENTURY MURDER TRIAL OF RICHARD III (CRIM-500) 1 credit
Richard III of England: Condemned by history and immortalized in literature as an arch villain, usurper and murderer of his two young nephews, the "Princes in the Tower". But was he guilty of the murders or the victim of an historic injustice?

For 530 years, Richard III has been the presumed murderer of Prince Edward and Prince Richard, the sons of his dead brother, Edward IV, each in line for the throne he coveted. More than 100 years after the Princes mysteriously disappeared within the walls of the Tower of London, William Shakespeare created a dramatic masterpiece, laden with all the "known" facts, leaving no doubt, reasonable or otherwise, as to the unmitigated guilt of Richard for their murders. That judgment, and its survival, may not pass muster when tested against contemporary standards. Then again, it might. In this course, we shall reopen this "cold" case and give Richard III the trial he never had.

The class will cover the following topics:

  • A review of Shakespeare's Richard III and a an overview of the historical record as they relate to the alleged murders of the Princes in the Tower;
  • A discussion of how a modern homicide prosecution of Richard III would be initiated and investigated by both the prosecution and defense;
  • An overview of the modern law of homicide;
  • A discussion of evidentiary issues that arise in complex murder trials, and
  • A discussion of alternate approaches to the prosecution and defense of Richard III in a 21st century homicide trial, with the goal of answering the question: Is Richard III guilty or not guilty of the murders of the Princes in the Tower? 

No prerequisites


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ADVANCED ELDER LAW (ESTA-315) 2 credits
This course builds on the basic knowledge provided in Elder Law (ESTA-310), 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 law office or section 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 documents such as Durable Powers of Attorney, Wills for seniors including Wills with Special Needs Trust provisions, drafting and funding Inter vivos Special Needs Trusts, establishment of a Guardianship and the Guardianship process, establishing Medicaid eligibility for a spouse and a single person, and handling adult protection issues.

Prerequisite: Elder Law (ESTA-310).

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ADVANCED ELECTRONIC LEGAL RESEARCH AND METHODOLOGY (LRES-350) 2 credits
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.

Restrictions: Course must be taken pass/fail. Students may not receive credit for more than one of the following courses: Advanced Electronic Legal Research (LRES-350); Advanced Legal Research (LRES-300); and Online Advanced Legal Research (LRES-360). Recommended but not required: Legal Writing II (WRIT-200).

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ADVANCED ENVIRONMENTAL AND ADVANCED INDIAN LAW: RESTORING THE ELWHA RIVER (ENVL-362) 2 credits
This course will consider lawyers' roles in the restoration of the Elwha River, including the historic removal of the two dams that began, physically, in September 2011. We will look at the legislative process and history behind the Elwha River Restoration Act, which made restoration possible; engage implementation issues ranging from silt to salmon to sacred sites; and study the relevant substantive areas of administrative law, environmental law, and federal Indian law. We will seek to understand the perspectives and roles of the various "stakeholders," including the Lower Elwha Klallam Tribe; the U.S. National Park Service; the state of Washington and city of Port Angeles; and various private entities. This course may include a field trip. Although there are no pre- or co-requisites for the course, Federal Indian Law and Environmental Law Fundamentals or Natural Resources Law are recommended.

Recommended but not required: Federal Indian Law (INDL-300) and either Environmental Law Fundamentals (ENVL-300) or Natural Resources Law (ENVL-165).

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ADVANCED EVIDENCE (EVID-350) 2 credits
Exclusively focusing on the Freck Point case file, and the accompanying full-length teaching movie of the Freck Point civil trial, the class will be immersed in a semester-long role play. Working as a team (sometimes as attorneys for plaintiff, other times as attorneys for defendant), the class will explore ethical, strategic, narrative, persuasive, and performance aspects of a wide range of evidence issues raised in the context of the Freck Point case.

Prerequistie: Evidence (EVID-200).

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ADVANCED LAWYERING: EQUAL JUSTICE ADVOCACY AND LEADERSHIP SEMINAR (POVL-410) 2 credits
Formerly titled: Advanced Civil Equal Justice Seminar
This course will explore the challenges lawyers face and the approaches available to them as they work to ensure justice for disadvantaged communities.
Through reading, discussion, and group projects, students will develop:

  1. Critical lenses through which to explore and understand inequality and systems that perpetuate it; 
  2. Frameworks for using law and the justice system to change these systems; and 
  3. Practical, concrete competencies necessary for:
  • effective teamwork;
  • self-care essential for sustaining engagement in this challenging work; and 
  • servant leadership.

No prerequisites.

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ADVANCED LEGAL RESEARCH (LRES-300) 2 credits
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.

Restrictions: Course must be taken pass/fail. Students may not receive credit for more than one of the following courses: Advanced Electronic Legal Research (LRES-350); Advanced Legal Research (LRES-300); and Online Advanced Legal Research (LRES-360). Recommended but not required: Legal Writing II (WRIT-200).

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ADVANCED REAL ESTATE (PROP-305) 3 credits
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 (PROP-300).

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ADVANCED REAL ESTATE: HIGH PERFORMANCE BUILDINGS (PROP-370) 3 credits
The development, leasing and selling of "green" or "high performance" buildings in recent years has opened up a host of legal issues for lawyers working for developers, municipalities, regulatory agencies, and others. This course will survey cases and legislation from across the nation and around the world and will examine the varied structures by which these disparate public and private entities work to allocate risk, establish incentives, and promote this cutting-edge form of development.

No prerequisites.

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ADVANCED TOPICS IN HEALTH LAW: LAW, MEDICINE AND ETHICS AT END OF LIFE (HLTH-350) 2 credits
This seminar will address the legal issues engendered by our increasing control over the end of life. We will consider patient autonomy issues at the end of life, including refusal and withdrawal of life sustaining interventions by both competent and incompetent patients, surrogate decision making, advance directives, pain management at the end of life, and the choice to hasten death with medical assistance including Washington's Death with Dignity law. We will also explore health care providers' right to refuse medical treatment, including refusals based in religious directives and refusals arising from "futility" disputes--when health care providers and families of dying patients disagree about aggressive treatment.

The class format will be a seminar focused heavily on class discussion of readings and guest lectures. The final grade will be based on class participation, short weekly reflection papers, and a final substantial (20-25 page) research paper. This seminar is limited to 20 students.

Pre or co-requisite: Legal Writing II (WRIT-200), prior experience writing an academic research paper or staff role on one of the law school's legal journals. One or more of the following recommended but not required: Constitutional Law (CNLW-200); Elder Law (ESTA-310); Health Law I (HLTH-305).

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ADVANCED TOPICS IN INTELLECTUAL PROPERTY: CURRENT PUBLIC INTEREST ISSUES IN INTERNATIONAL INTELECTUAL PROPERTY (INTP-380) 2 credits
This advanced level class will cover current policy problems and proposals in intellectual property (IP) with an emphasis on international issues. It will be co-taught by Professor Chon and Professor Wong, utilizing video/Internet technology to simultaneously connect their respective student groups - one located at SUSoL and the other at UNH Law. Each class will focus on a particular topic of current debate over public interest in the international IP arena. From time to time, guest speakers at either location or a third location will be featured. The objectives of the course are to: (1) enhance and deepen the IP curriculum at both law schools; (2) facilitate greater interaction and discussion amongst law students from different schools and cultures; and (3) teach and learn about IP issues in technology utilizing the latest distance education/remote conferencing technology. Some of the classes will be conducted individually; this includes classes during the weeks of February 23 (UNH Law winter break) and March 18 (SUSoL spring break). Students must have completed at least one 2- or 3-credit basic doctrinal IP class, e.g. Fundamentals of IP, IP Survey, Copyright Law, Patent Law and/or Trademark Law. In addition, some experience in an international law class is desirable, but not required. The first week of class will involve an introduction to basic international IP concepts, treaties, and institutions.

One or more of the following recommended but not required:  Copyright Law (INTP-320); Intellectual Property (INTP-300); Patent Law (INTP-305). Recommended but not required: A course in International Law (INTL).

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ADVANCED TORTS (TORT-305) 3 credits
This course will address torts and tort issues not generally covered in first year foundational torts, including business torts such as fraud, negligent misrepresentation, interference with contractual relations; first amendment governed torts such as violation of privacy, defamation, and appropriation of personality; and damages issues such as wrongful death, 'wrongful' life, punitive damages, and purely economic consequential damages. It will emphasize these issues from the point of view of the personal injury or insurance law practitioner rather than from an abstract doctrinal perspective; this course is recommended for those who are preparing for a career involving personal injury and/or insurance practice. There will be no significant overlap between this course and course offerings in products liability and insurance law.

Prerequisites: Torts (TORT-100/105).

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ADVANCED WRITING SEMINAR (WRIT-300) 2 credits
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 Williams' 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 (WRIT-200).

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

Recommended but not required: Intellectual Property (INTP-300).

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AMERICAN INDIAN TRIBAL LAW (INDL-325) 3 credits
This course will examine the development of tribal justice systems from pre-contact through colonization, and into our modern era of tribal self-government. We will describe modern tribal government activities and explore how disputes are resolved within American Indian nations. We will study comparative tribal constitutional law, the tribal laws governing membership in Indian nations and tribal elections, the nature of legal practice in tribal court, and how one becomes a member of a tribal bar. We will also consider how traditional areas of law are handled by American Indian nations, such as civil rights law, criminal law and procedure, domestic relations, property, contracts, torts, civil procedure, and jurisdiction. Finally, we will look at tribal economies and the role played by tribal administrative law and regulation.

No prerequisites.

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AMERICAN LEGAL HISTORY (JURS-330) 3 credits
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.

No prerequisites.

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ANIMAL LAW (ANIM-300) 2 credits
This course will explore the substance and policies of legal issues relating to nonhuman animals. Topics will range from the historical evolution of such laws to the dynamic growth and changes in this field of practice over the last decade. Considerations include the legal status of animals as property; liability for injuries by/to animals; nature of damages for loss or harm to animals; veterinary malpractice; constitutional issues (Section 1983 civil rights litigation, standing, personhood, speech); federal protection laws; cruelty laws (and their varied applications to different species); administrative challenges to dangerous dog declarations; wildlife issues; legal questions involving conflicting human and animal interests; and more. Class lectures and discussions will often involve evolving legal issues and even currently pending cases.

No prerequisites.

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ANTITRUST LAW (ANTI-300) 3 credits)
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.

No prerequisites.

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

Prerequisite: Legal Writing II (WRIT-200).
This course fulfills the professional skills requirement.

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ARTS LEGAL CLINIC (INTP-401) 1 credit
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.

Prerequisites: At least one of the following: Business Entities (BUSN-300); Copyright Law (INTP-320); Intellectual Property (INTP-300); Trademark Law (INTP-315); or IP Licensing Law (INTP-310). Restrictions: This course must be taken pass/fail.

This course does not fulfill the professional skills requirement and is not included in clinic registration lotteries.

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AVIATION LAW (CIVL-310) 3 credits
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.

No prerequisites.

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BANKRUPTCY (BANK-300) 3 credits
This is a survey course on the Bankruptcy Reform Act of 1978, as amended, the leading cases which have construed this statute, and associated state and federal laws governing debtor/creditor relations. Students will gain an overview of personal (or consumer) bankruptcy, as well as business bankruptcy reorganizations and liquidations. The course will emphasize practical problem-solving, considering the kinds of bankruptcy-related issues that arise in the course of a general law practice, not just those confronted in a specialized bankruptcy practice. Course topics will include the rights of debtors, the rights of creditors, the duties and the discharge of such duties by a Trustee, the rights and remedies of a Trustee, the procedural and substantive chronology of a Chapter 11 case, and the jurisdiction of the bankruptcy court.

No prerequisites.

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BAR EXAM SKILLS LAB (BSKL-300) 2 credits
Bar Exam Skills Lab focuses on building the analytical, writing, and organizational skills necessary to enhance a student's ability to prepare for the Uniform Bar Exam (UBE). Students will become thoroughly familiar with the format and components of the bar exam, will review substantive areas of law covered on the UBE, and will enhance their critical thinking and analytical writing skills. This course provides students with hands-on writing practice, peer evaluation, and individual written feedback. Multistate Bar Exam (MBE) practice tests are administered with strategy sessions to aid in the successful completion of the multiple-choice portion of the bar exam. Multistate Performance test strategy and writing techniques are reviewed along with the completion of two Multistate Performance Tests. Memorization and outlining skills, time management strategies, and stress management techniques will also be taught. 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.

Restrictions: Students must be graduating within two semesters to enroll. This course must be taken pass/fail. No prerequisites.

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BASIC REAL ESTATE (PROP-300) 3 credits
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.

No prerequisites.
This is a bar tested course.

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BIOETHICS AND THE LAW (HLTH-300) 2 credits
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

No prerequisites.

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BIOTECHNOLOGY AND THE LAW (INTP-365) 2 credits
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.

Pre or co-requisite: Intellectual Property (INTP-300) or Patent & Trade Secret (INTP-305) or permission of the instructor.

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BROADCAST REGULATION IN THE AGE OF THE INTERNET (BUSN-353) 3 credits
Alternative content platforms such as Netflix, Amazon, Pandora, and Vevo are changing what, and the ways in which, consumers view television and listen to radio. Furthermore, the growth of new, upstart broadcast networks such as Fusion and Pivot, and the mediums through which viewers access broadcast content compel a re-examination of the traditional tenets of broadcast regulation. In this course, we will examine the constitutional, statutory and regulatory underpinnings of this modern business model of content delivery. In addition, we will examine some of the social and economic ramifications of the altered landscape of broadcast content, e.g., implications for minority media ownership. Local business lawyers and proprietors will offer opportunities for real-world insights. No examination. Final grade will be based, in part, upon a significant research paper.

No prerequisites

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BUSINESS DISPUTE RESOLUTION SIMULATION (BUSN-403) 3 credits
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.

Prerequisite: Business Entities (BUSN-300) or The Modern Corporation (BUSN-150).
This course fulfills the professional skills requirement.

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BUSINESS ENTITIES (BUSN-300) 4 credits
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.

No prerequisites.
This is a bar tested course.

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

No prerequisites.

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CAPITAL PUNISHMENT SEMINAR (CRIM-360) 3 credits
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 federal habeas.

No prerequisites.

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CHRISTIAN PERSPECTIVES ON THE LAW (JURS-317) 3 credits
The course will explore the relationship between law and theology and their similarities and dissimilarities. Among the topics that will be discussed are theological accounts of law, the influence of theology on the development of law, the impact of law on theology, theological and legal concepts of the person, and the legal profession as vocation. The course will concentrate almost exclusively on Christian theology.

No prerequisites

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CIVIL PROCEDURE II (CIVL-325) 2 credits
Advanced subject matter jurisdiction and procedural choice of law; advanced preclusion; advanced aspects of pre-trial and trial practice; appellate practice.

Restriction: This course is intended for students who took 4 credits of Civil Procedure in their 1L year. Students who took 6 credits of Civil Procedure in their 1L year are not eligible to enroll. No prerequisites.
This is a bar tested course.

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CIVIL RIGHTS AMICUS CLINIC (ADVC-430) 6 credits
During the Spring 2014 semester, students in the Clinic will work on a civil rights impact litigation case that is currently before the Ninth Circuit U.S. Court of Appeals. Depending on when oral arguments are scheduled, and depending on the work performed, some or all of the students may be invited to attend the arguments. Travel would be funded by the Korematsu Center. As a 6 credit clinic, students are expected to work at least 20 hours a week outside of class work. Because of the ebb and flow of the demands in the case, there might be times when you will need to work more than 20 hours a week. Because of the briefing schedule, you should plan on working on the response/reply brief during spring break. If your schedule does not permit you or you are otherwise unable or unwilling to make this kind of commitment, do not sign up for this clinic. In addition to work on this case, students may also represent clients who are seeking to express their views and advocate positions that advance civil rights as amicus parties in cases in which the clients are not the immediate litigants. Students will participate in developing amicus strategies, research and draft amicus briefs, develop amicus sign-on strategies consistent with the interests and desires of their clients, and develop a public education campaign to advance the interests of their clients.

Prerequisites: Constitutional Law (CNLW-200) and Legal Writing II (WRIT-200).
This course fulfills the professional skills requirement.

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CLIENT COUNSELING AND NEGOTIATION (ALDR-301) 3 credits
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.

No prerequisites.
This course fulfills the professional skills requirement.

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CLIENT COUNSELING: PROVIDING STRATEGIC LEGAL ADVICE IN A BUSINESS SETTING (LPRC-500) 1 credit
Too often, clients see lawyers as deal breakers, not deal makers. When this happens, clients keep their lawyer out of discussions until the last moment, often making it difficult for lawyers to be effective advisers. Through case studies of two different complex, yet highly illustrative, business transactions, this course will introduce students to the skills and perspectives necessary to operating as a lawyer in dynamic business environments. Students will explore how to: (1) develop an effective understanding of a client's business venture and the context in which it will operate; (2) earn a client's trust; (3) generate worthwhile alternatives; and (4) provide sound advice.

Although this course will use examples from the world of business, specifically the sale of Pixar from Lucasfilm and a startup venture related to networked video screens, the lawyering lessons will be applicable across a wide range of practice settings.

No prerequisites.

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COMMUNICATION AND CONFLICT MANAGEMENT SKILLS FOR FAMILY LAW ATTORNEYS (FAML-370) 2 credits
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 others' 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.

No prerequisites.
This course fulfills the professional skills requirement.

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COMMUNITY DEVELOPMENT AND ENTREPRENEURSHIP CLINIC (BUSN-400 in fall; BUSN-401 in spring) 4 credits
A two-quarter, team consulting clinic focused on developing a working relationship with a growing business enterprise. Student teams will deliver business and legal assistance and develop deliverables to empower local entrepreneurs, micro enterprises, startups, and growth stage companies. Clients come from across a wide range of industries ranging from construction to emerging technologies with employees ranging from 1-20. Student teams will select 1 or 2 clients, learn the details of the business and develop statements of work to provide quality work product to meet the needs of their clients. Students participate in a weekly instructional course to learn consulting techniques to develop an active client relationship; business and legal concepts to support their deliverables; and hear from industry experts that expand their understanding of the challenges that all businesses experience at one time or another.

Students are expected to build a relationship with their clients, deliver exceptional work product; and manage a team relationship supported by volunteer business and law mentors and two faculty members. Students should expect to gain real world consulting experience along with opportunities to network with leading professionals in the industry.

Prerequisite or co-requisite: Business Entities (BUSN-300). Restriction: Students must meet the Law Clinic's conflict of interest rules. Meeting Notes: Year-long course. Meets on the Albers School of Business Schedule (Fall and Winter Quarter).
This course fulfills the professional skills requirement.

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COMMUNITY PROPERTY (PROP-310) 2 credits
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.

No prerequisites.

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COMPARATIVE LAW: THE MIDDLE EAST (INTL-350) 2 credits
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.

No prerequisites.

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

No prerequisites.

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COMPREHENSIVE PRETRIAL ADVOCACY (ADVC-300) 4 credits
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.

Prerequisite: Legal Writing II (WRIT-200). Pre or co-requisite: Evidence (EVID-200).
This course fulfills the professional skills requirement.

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COMPREHENSIVE TRIAL ADVOCACY (ADVC-305) 4 credits
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: Legal Writing II (WRIT-200). Pre or co-requisite: Evidence (EVID-200).
This course fulfills the professional skills requirement.

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CONFLICT OF LAWS (CIVL-300) 2 credits
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.

No prerequisites.
This is a bar tested course.

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CONSTITUTIONAL LAW (CNLW-200) 4 credits
This course must be taken Fall Semester, second 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).

No prerequisites.
This required Course must be taken in fall semester of the second year.
This is a bar tested course.

CONSTITUTIONAL LAW (CNLW-200) 4 credits
Fall 2013, Professor Skover (see general description above for other sections)
This is the first of two integrated courses designed to provide a comprehensive study of federal constitutional law. Constitutional Law I will focus primarily on the structural powers of the federal government's three branches and the federalism relationship of the federal government to state governments. The topics for consideration include the federal legislative powers (e.g., the commerce, taxing, and spending powers), the federal executive powers (e.g., domestic and foreign affairs, the war powers, executive privilege and executive immunity), the federal judicial powers (e.g., constitutional review and jurisdictional and jurisprudential obstacles to such review), federalism limitations on federal powers (e.g., 10th Amendment legislative immunities and 11th Amendment judicial immunities), and federalism limitations on state powers (e.g., the Article I dormant commerce clause doctrine and the Article IV privileges and immunities clause). The semester will conclude with a bridge to the subjects in Constitutional Law II in the examination of the Due Process Clause doctrines, both substantive and procedural).

No prerequisites.
This required Course must be taken in fall semester of the second year.
This is a bar tested course.

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CONSTITUTIONAL LAW II: CIVIL RIGHTS AND CIVIL LIBERTIES (CNLW-300) 3 credits
Spring 2014, Professor Skover
This is the second of two integrated courses designed to provide a comprehensive study of federal constitutional law. Constitutional Law II will focus entirely on the most significant individual rights protections secured through the Bill of Rights and the 14th Amendment. The topics include the state action doctrine, various dimension of equal protection (e.g., economic equal protection, racial and ethnic discrimination, gender discrimination, disability discrimination, sexual orientation discrimination, protection of the franchise), the Congress's power to enforce the Reconstruction Amendments, constitutional limitations on governmental takings of private property for public use, the 1st Amendment liberties of speech, press, association, and religion, and the 2nd Amendment's right to bear arms.

Prerequisite: Constitutional Law (CNLW-200).
This is a bar tested course.

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CONSTITUTIONAL LAW OF TERRORISM (CNLW-410) 2 credits
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 (CNLW-200).

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CONSTITUTIONAL LITIGATION (CNLW-305) 3 credits
This class focuses on the litigation of constitutional torts. 42 U.S.C. Section 1983 permits individuals to sue state actors for violations of their constitutional rights. There is an elaborate body of law governing Section 1983 claims that covers matters relating to damages, governmental and individual liability, immunity, pleading and remedies. This course will review that law and in addition consider parallel doctrines for similar claims brought against the federal government (known as "Bivens actions" for the leading case). We will also consider awards of attorney's fees, which are provided for under 42 U.S.C. Section 1988. This is not a course on substantive constitutional law, but rather a course on the statutory structure by which constitutional rights are typically litigated.

Prerequisite: Constitutional Law (CNLW-200).

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CONSTRUCTION LAW (PROP-320) 2 credits
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 and 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 and indemnification; termination; liens; statute of limitations and repose; damages (actual, liquidated, mitigation, economic loss rule, quantum meruit, rescission); and technology and liability in design and construction. Emphasis will be placed on coverage of the topics generally rather than on detailed analysis of any one area.

No prerequisites.

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

No prerequisites.

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CONSUMER PROTECTION CLINIC (ADVC-410) 4 credits
This clinic will be devoted to consumer protection issues and civil litigation. Students work in teams representing clients in cases and matters involving predatory lending, mortgage lending, general unfair lending practices, consumer debt, and telecommunications services. Special emphasis is placed upon home foreclosure prevention and mediation. Our work may be in collaboration with local agencies, and our clients will be members of vulnerable populations, especially seniors, veterans, and minorities. Students will potentially engage in the entire range of civil practice on behalf of their clients: factual investigation, pleadings and discovery, counseling, negotiation, pretrial or discovery conferences, mediation and trial.

Pre or co-requisite: Professional Responsibility (PROF-200). Restrictions: Must be Rule 9 eligible.
This course fulfills the professional skills requirement.

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CONTEMPORARY ISSUES IN INDIAN LAW (INDL-380) 2 credits
This course examines the jurisprudence of the United States Supreme Court in regard to the authority of Indian tribes to ensure the basic health, safety and welfare of reservation residents and to generate the revenues necessary for effective governance. Students will closely analyze major decisions, while also considering the interplay between the Court, Congress, and the tribes.

The course will begin with a brief introduction to Federal Indian Law for those students unfamiliar with this area of law, which can serve as a refresher for students with knowledge of the topic.

No prerequisites

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CONTRACT DRAFTING (DRFT-305) 2 credits
This is a course in drafting business contracts, although the general principles of the course will apply to drafting other contractual agreements as well. Students will learn a conceptual approach to contract drafting: as the art of "translating" the business deal, first into contract concepts, and then into the terms of the contract itself. The course will also introduce a general template, or contract "frame," that students can use and modify in constructing contracts.

Much of the course will entail hands-on drafting, as students work through a set of contract drafting exercises. Students will work both in small groups, representing the parties to a contract and negotiating terms, and individually, assembling their own versions of the assigned contracts.

No prerequisites.
This course fulfills the professional skills requirement.

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COPYRIGHT LAW (INTP-320) 3 credits
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.

No prerequisites.

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CORPORATE AND PARTNERSHIP TAX (TAXL-305) 4 credits
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 (TAXL-300). Recommended but not required: Business Entities (BUSN-300).

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CORPORATE COMPLIANCE AND INVESTIGATIONS (BUSN-386) 2 credits
This course will examine the subject of corporate compliance from the primary perspective of an in-house compliance lawyer. Students will consider how corporations can enact adequate policies, fairly and accurately determine whether employees are adhering to them, and generally cultivate an ethical corporate culture. The course will place considerable attention on the internal investigation process, looking at what makes a fair yet thorough investigation, and how potentially conflicting values, such as fairness to employees and duty to the corporation and shareholders, should be balanced. As part of this examination, the course will also review relevant U.S. and international laws relating to financial disclosure and anti-corruption, as well as data privacy and employment.

Prerequisite: Business Entities (BUSN-300).

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CORPORATE FINANCE (BUSN-315) 3 credits
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 (BUSN-300).

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CORPORATE GOVERNANCE (BUSN-340) 3 credits
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 (BUSN-300).

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CORPORATE LAW APPELLATE LITIGATION (BUSN-370) 3 credit

Professor O'Kelley, Fall 2013

Enrollment: Limited to 24 students
Prerequisite: Business Entities or The Modern Corporation
Grading: 50% of the final grade is determined by a student's written work (two mock Supreme Court opinions, and several pre-argument bench memos) and the remaining 50% is based on class preparation and participation, including performance as oral advocate and Delaware Supreme Court justice.

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 two recent or pending Delaware Supreme Court cases. Students study the actual briefs and appellate record. The course focuses 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).

Oral Arguments, Opinions

  1. Delaware Supreme Court Justice. Each student will be assigned to serve as a justice on two mock Supreme Court panels for each case that we study. In this role, each student will write two Supreme Court opinions. Each Court panel will hear oral arguments from two sets of advocates. In preparation for each sitting, student Justices will be responsible for reading all briefs submitted in the actual case, as well as the Chancery Court opinion, key cases or other legal authority cited in either the briefs or Chancery Court opinion, and other pertinent material included in the appendices.
  2. Advocate. Each student will make one formal oral argument in each case representing either the petitioner or respondent. Each advocate will be responsible for mastering the actual briefs and all other pertinent material relating to the case.

Meetings and Arguments

The class is structured similarly to actual law practice. Thus, much of the work is done outside of class and the class often meets in small groups at times mutually convenient to the instructor and students rather than in a large class setting. The mock arguments will be held during and outside of regular class hours. Thus, students must be willing to be flexible in scheduling regarding the two mock arguments as the regular class period will be insufficient. Notice of the dates and times for these arguments will provided during the first week of class.

Prerequisite: Business Entities (BUSN-300) or The Modern Corporation (BUSN-150).

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CRMINAL MOTIONS PRACTICE (CRIM-340) 3 credits
Criminal Motions Practive 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 expected 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.

Recommended but not required: Evidence (EVID-200).
This course fulfills the professional skills requirement.

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CRIMINAL PROCEDURE ADJUDICATIVE (CRIM-300) 3 credits
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.

No prerequisites.
This is a bar tested course.

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CRIMINAL PROCEDURE INVESTIGATIVE (CRIM-305) 3 credits
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.

No prerequisites.
This is a bar tested course.

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CYBERCRIME, CYBERTERRORISM AND CYBERWAR (CRIM-382) 2 credits
The class will cover principles of criminal law, First Amendment law, national security law, and international law as applied to computer crimes. The class will begin with an overview of computer trespass laws and their application to computer hacking, and will also include a survey of search and seizure laws as applied to computers, networks, and service providers. Other topics covered include electronic surveillance, international law and jurisdictional issues, government control of online speech, cyberterrorism and radicalization, national security surveillance law, and international law governing information warfare.

Pre or co-requisite: Criminal Procedure Investigative (CRIM-305) or Introduction to Criminal Procedure (CRIM-150).

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DISABILITY LAW (DSBL-300) 2 credits)
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.

Recommended but not required: Employment Discrimination (EMPL-315).

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DISASTER LAW (ADMN-370) 3 credits
From 9/11 to Hurricane Katrina; earthquakes in Seattle, Haiti, Chile, and Japan; floods in the Midwest and fires in Southern California; the Deepwater Horizon . . . and whatever is coming next. We are surrounded by disasters and, in the era of climate change, aging infrastructure, and expanding populations, we can only anticipate disasters of growing frequency and impact. Reflecting these realities, there is also an emerging body of law that seeks to comprehend and address disasters. Drawing upon recent scholarship in the field, and supplemented by topical materials, Disaster Law will survey the major laws, policies, and programs governing disaster response, recovery, compensation, and increasingly, preparedness. With particular emphasis on Hurricane Katrina and the federal response, the course will help students prepare for a future where the survival of companies, communities, and cultures may depend on the ability to navigate a complex and developing system of laws. Grades will be based upon class participation and one paper of publication quality.

No prerequisites.

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DISPUTE RESOLUTION (ALDR-300) 3 credits
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.

No prerequisites.

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DOMESTIC VIOLENCE CLINIC (FAML-430) 6 credits
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.

Prerequisite: Evidence (EVID-200). Pre or co-requisite: Professional Responsibility (PROF-200). Restrictions: Students must be Rule 9 eligible; Students must meet the Law Clinic's conflict of interest rules. Recommended but not required: Domestic Violence Law and Lawyering (FAML-330) or Gender Violence and the Law (FAML-335).
This course fulfills the professional skills requirement.

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DOMESTIC VIOLENCE LAW AND LAWYERING (FAML-330) 2 credits
Students will learn about the dynamics of domestic violence and various remedies available in the civil, criminal, and immigration systems to those who experience domestic abuse. We will explore the historical, social, and cross-cultural context of domestic violence; social and legal reform efforts on behalf of abuse survivors; and the benefits and limitations of legal interventions in light of survivors' safety needs and the barriers to ending abuse. In addition, this course will provide an immersion in the theory and practice regarding client-centered, culturally competent domestic violence representation. All students will participate in in-class exercises and simulations that will develop their interviewing, client counseling, negotiation, and trial skills. Outside of class, students will observe court proceedings and interview a practicing attorney. There will be optional opportunities to conduct public education sessions on teen dating violence to residents in the King County Juvenile Detention Center.

No prerequisites.

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DRAFTING LABS (DRFT-300) 1 credit
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.

Pre or co-requisite: The matching substantive course (e.g., Trusts and Estate for Trusts and Estates Drafting Lab). Restriction: This course must be taken pass/fail.
This course fulfills the professional skills requirement.

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DRUG LAW AND POLICY (CRIM-327) 3 credits
This course will review the genesis and evolution of the U.S. "War on Drugs" and examine its impact on constitutional law; public health and safety; and race, class, and gender relations. Students will be asked to consider and discuss the U.S. concept of "drug," the costs and benefits of drug criminalization, and alternatives to the prohibition model for achieving drug policy goals. Special attention will be paid to Washington State law and policy, and guest lecturers will provide insights into the practical considerations that inform and guide successful advocacy for drug law and policy change. Grading will be based on class participation and a final written campaign plan that identifies a discrete drug policy goal and maps out a course to achieving it through litigation, legislation, public education, or some combination of these strategies.

No prerequisites.

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Student studying in the Law Library