Course Offerings Fall 2011 - Present Course Titles E - H
- Elder Law (ESTA-310)
- Employment Discrimination (EMPL-315)
- Employment Law (EMPL-300)
- Entertainment Law (INTP-325)
- Environmental Enforcement (ENVL-395)
- Environmental Justice Seminar (ENVL-380)
- Environmental Law Fundamentals (ENVL-300)
- Environmental Law: Growth Management (ENVL-375)
- Environmental Litigation (ENVL-345)
- Essential Lawyering Skills: Persuasive Communication, Interviewing, and Depositions (ADVC-500)
- Estate Planning (ESTA-305)
- Ethics, Law and Catholic Social Thought (JURS-405)
- Evidence (EVID-200)
- Family Dissolution and Related Issues (FAML-315)
- Family Formation/Recognition and Related Constitutional Issues (FAML-310)
- Federal Courts (CIVL-305)
- Federal Indian Law (INDL-300)
- Film and the Law (JURS-415)
- Financial Institutions Law (COMM-320)
- Forensics (ADVC-325)
- Gender and Justice Seminar (JURS-320)
- Gender Violence and the Law (FAML-335)
- General Counsel: Lawyering Within an Organization (LPRC-325)
- Gift and Estate Tax (TAXL-310)
- Global Justice Practicum (INTL-415)
- Globalization and the Law (INTL-372)
- Health Law I (HLTH-305)
- Health Law II (HLTH-330)
- Housing Law and Policy Seminar (HOUS-375)
ELDER LAW (ESTA-310) 3 credits
As our population has aged, and the complexity of legal needs has grown, a new area of practice has emerged--Elder Law. This course will examine the major issues affecting the elderly: income and asset protection, financing health care, long term care options, planning for incapacity, and elder abuse/exploitation. We will also look at common ethical considerations and concerns in representing older clients. We will take a practice-oriented approach, using hypotheticals, role playing, and real case examples to examine how to best advise and represent our elder clients.
EMPLOYMENT DISCRIMINATION (EMPL-315) 3 credits
This course covers legal prohibitions against employment discrimination based on one's race, color, religion, sex, origin, age, and mental or physical ability. Sweeping changes have been made recently in the law of workplace discrimination. A large percent of the Supreme Court's docket in recent terms consisted of employment and labor cases. The world's first comprehensive declaration of equal treatment for persons with disabilities, the Americans with Disabilities Act, added 43,000,000 Americans to the groups protected against job discrimination and is profoundly impacting hiring and job assignment. There are differing opinions about what it means to "discriminate" based on factors such as sex, age, and race. The Civil Rights Act of 1991 triggers passionate response from proponents and opponents, and now provides for compensatory and punitive damages. This course addresses such issues arising from legislation forbidding employment discrimination based on race, religion, national origin, sex, pregnancy, age, and physical ability.
EMPLOYMENT LAW (EMPL-300) 3 credits
This course covers the law of the workplace governed by contract and tort claims and discharge statutes other than statutes prohibitive discrimination. Employment Law covers such issues as:
- Erosion of employment at Will: Contract and tort theories restricting discharge, such as the tort of wrongful discharge, the Model Employment Termination Act, refusal to perform illegal or unethical work, whistleblowers, speech and political activity.
- Other workplace torts involving dignity on the job: intentional infliction of emotional distress, defamation, tort and constitutional claims of invasion of privacy (employee screening, surveillance, release of the true information, etc.).
- Administrative regulation of compensation: unemployment compensation and the Fair Labor Standards Act (minimum wage, overtime).
ENTERTAINMENT LAW (INTP-325) 2 credits
This survey course examines the legal and business dimensions of the entertainment industry, with an emphasis on film and television. The course will examine the business structures and financial arrangements commonly employed. The course will cover many of the practical aspects of the field, including employment agreements, multi-party negotiations, and the acquisition of rights to literary properties, while also examining the underlying theories related to the intellectual property, labor/employment, and other issues raised.
ENVIRONMENTAL ENFORCEMENT (ENVL-395) 2 credits
Environmental laws would matter little if not enforced. This course will introduce students to three formal mechanisms for enforcing environmental laws: administrative proceedings, civil litigation, and criminal prosecution. Through the framework of these three enforcement mechanisms, the course will focus on enforcement of major federal pollution statutes to protect land, air, water, and public health. Special topics in environmental enforcement will include federal facilities, citizen suits, and transboundary pollution. Reading materials will include judicial opinions as well as a variety of agency enforcement filings from cases concerning the Northwest. Guest speakers will share insights into particular subjects, such as criminal investigation, and provide diverse views, such as from state agencies and defense counsel. One or more field trips may also be offered to allow direct observation of the context, process, and results of environmental enforcement.
Recommended but not required: Administrative Law (ENVL-300) and Environmental Law Fundamentals (ENVL-300).
ENVIRONMENTAL JUSTICE SEMINAR (ENVL-380) 2 credits
This seminar explores issues of justice in the context of environmental law and policy. It considers distributive justice in the allocation of environmental benefits and burdens; exclusionary discrimination and cultural discrimination in environmental standard setting and enforcement; participation by communities of color and low-income communities and consultation with tribes in environmental decision making; and other issues. It examines the role of law in remedying the inequalities and deficiencies identified. Topics include claims based on equal protection theories; Title VI of the Civil Rights Act of 1964; the federal trust responsibility and treaties, in the case of tribes; executive commitments to environmental justice; and various environmental laws. The class format will be that of a seminar, focused heavily on class discussion of readings, video, case studies, and guest lectures. In addition to participation, the course requirements will be satisfied by a final paper or project. There are no prerequisites for the course. However, background in Environmental Law is recommended; background in Federal Indian Law, Administrative Law, and Civil Rights Law would also be useful.
Recommended but not required: Prior courses in Environmental Law (ENVL).
ENVIRONMENTAL LAW FUNDAMENTALS (3 credits) ENVL-300
This course will introduce students to the major federal laws aimed at protecting the human and natural environments. While discussing some policy issues throughout the semester, the course will focus on the environmental laws as they exist today. After considering some foundations in constitutional and administrative law, the course will proceed to examine the National Environmental Policy Act (NEPA), the Clean Water Act, Clean Air Act, and hazardous waste regulation. The course will also include introductions to the federal Superfund statute, to the Endangered Species Act, and to international environmental law.
ENVIRONMENTAL LAW GROWTH MANAGEMENT (ENVL-375) 3 credits
This Growth Management Seminar will cover land use from sprawl to smart growth, as addressed nationally but with a particular emphasis on Washington's Growth Management Act. The course will begin with a discussion of the problem of unregulated growth. It will then review the constitutional limitations upon land use controls. Responses to sprawl around the nation will be addressed, and then the course will focus on the Washington State Growth Management Act. The course will require regular class participation, a written and oral presentation on an aspect of Growth Management, and review, comment, and attendance at a local government hearing on a Growth Management issue. There will be no final exam.
Prerequisite: Constitutional Law (CNLW-200). Recommended but not required: Administrative Law (ADMN-300) and Land Use Regulation (ENVL-305).
ENVIRONMENTAL LITIGATION (ENVL-345) 2 credits
This course introduces students to the strategies and skills used by public interest lawyers practicing "impact litigation" to protect the environment and human health. Rather than focusing on doctrine or substantive law, this course seeks to develop the judgment and procedural dexterity necessary to litigate these important issues. We will rely in significant part on briefs and other practice materials, and address actual situations addressing environmental lawyers representing clients in litigation. The focus will be on federal court "record review" litigation, although we will touch on other approaches, including trials and administrative hearings.
Topics to be covered include: using the Freedom of Information Act and other pre-litigation investigatory techniques; framing legal theories and developing causes of action; establishing standing and jurisdiction; researching case law and statutory and regulatory history; using expert testimony; preliminary injunctions and dispositive motions; oral advocacy; and recovery of attorney fees. Discussion will also be devoted to ethical issues in the litigation context. The seminar is designed to be highly interactive and students will be expected to participate in discussion and presentations during each class session. Grades will be based on two written assignments and class participation.
Prerequisites or co-requisite: At least one Environmental Law (ENVL) course and either Administrative Law (ADMN-300) or Federal Courts (CIVL-305).
This course fulfills the professional skills requirement.
ESSENTIAL LAWYERING SKILLS: PERSUASIVE COMMUNICATION, INTERVIEWING, AND DEPOSITIONS (ADVC-500) 1 credit
This course will combine readings, lectures, demonstrations and workshops to teach students case analysis, communication and persuasive skills, witness interviewing and preparation, and taking and defending depositions. Students will also be introduced to new forms of technology that lawyers use in developing and implementing a litigation plan.
ESTATE PLANNING (ESTA-305) 3 credits
The Estate Planning course is intended to be the capstone of the estate planning area, which includes Trusts and Estates, Gift and Estate Tax, Pensions, and Community Property, among others. The course will explore planning problems for small, medium, and large estates. There will be significant emphasis on choices of technique, form of ownership, taxable and non-taxable arrangements, married and unmarried individuals, and drafting. The drafting of documents and general estate planning problem solving will play a large role in the grade for this class. There may be either a final examination or a final drafting project.
Prerequisite: Trusts and Estates (ESTA-300). Pre or co-requisite: Gift and Estate Tax (TAXL-310).
This course fulfills the professional skills requirement.
ETHICS, LAW AND CATHOLIC SOCIAL THOUGHT (JURS-405) 2 credits
Ethics in legal education is often examined from the minimalist perspective that ethics is about following rules, and law is often treated in law schools from a purely positivist perspective. (In Austin's famous formulation of legal positivism, law consists in nothing more than "commands backed by force.") This course examines the nature of the law and of ethical action from a different and less minimalist perspective. Drawing on such classic texts as Plato's Gorgias and Aquinas's Treatise on Law, as well as modern texts, the course begins by raising basic philosophical questions about the nature of law and justice. It then examines the contribution of Catholic social thought to views on law, the nature of the human person, and ethics which will involve explorations of such notions as the common good, solidarity, subsidiarity, and the intrinsic dignity of human beings. The course does not presuppose a background in philosophy. It does presuppose a willingness to grapple with philosophical and faith-related questions. The format for the course is that of a graduate seminar. Students will read selected materials, participate in class discussion, and write several short and medium-length papers.
EVIDENCE (EVID-200) 4 credits
The Evidence course examines the law governing proof in judicial proceedings under both the Common Law and modern codifications, particularly the Federal Rules of Evidence. Topics covered include relevancy; the hearsay rule and its exceptions; rules relating to witnesses, writings, and other forms of evidence; privileges; and expert witnesses.
This is a required course.
This is a bar tested course.
Externships are law-related placements outside the law school in which students do legal work for an agency or court to earn academic credit. Externships are offered as an educational opportunity in which the student is closely mentored by an on-site supervising attorney or judge and also has an opportunity for reflection and discussion with the faculty supervisor in a seminar format.For more information, please contact the Externship Office.
Prerequisites vary; please check with the externship office. This course fulfills the professional skills requirement.
FAMILY DISSOLUTION AND RELATED ISSUES (FAML-315) 3 credits
This course will focus on divorce and other forms of family dissolution as well as related issues. Topics include the nature and history of both marriage and divorce, the major aspects of divorce (property division, spousal support, child support, and child custody), modification of support and custody awards, and jurisdiction for child custody and divorce actions. The course will also consider the legal treatment of separation of unmarried couples, with and without children, and the law governing prenuptial agreements. This course is the complement to the Family Formation/Recognition course. The two courses may be taken concurrently or in any sequence. This course is also recommended for those seeking a survey family law course in preparation for the bar exam.
This is a bar tested course.
FAMILY FORMATION/RECOGNITION AND RELATED CONSTITUTIONAL ISSUES (3 credits) FAML-310
This course will examine the means by which family relationships are created and/or recognized as well as the implications of legal recognition of relationships. A primary concern will be the constitutional doctrines that have become relevant to modern family law in the United States. These include substantive due process (in particular the development of a constitutional doctrine of family privacy) and equal protection (primarily focusing on sex/gender discrimination). Among the specific topics considered are the constitutional limits on regulation of procreation and child bearing (within and without marriage), constitutional arguments regarding regulation of access to marriage and constitutional concerns raised by the legal treatment of unmarried fathers and parentage more generally. This course is the complement to the Family Dissolution Course. The two courses may be taken concurrently or in any sequence. Constitutional Law is not a prerequisite.
FEDERAL COURTS (CIVL-305) 3 credits
This course studies the role of the federal courts in the operation of the federal system. Among the topics that may be covered are the case or controversy requirement and justiciability, congressional power regarding the jurisdiction and operations of the federal courts, federal question jurisdiction, the development of so-called "federal common law," abstention and related limitations on federal courts' jurisdiction, Supreme Court review of state court judgments, federal habeas corpus, and the sovereign and official immunity doctrines. Prior or concurrent enrollment in Constitutional Law is recommended, as this course requires significant knowledge of substantive constitutional law.
Recommended but not required: Constitutional Law (CNLW-200)
FEDERAL INDIAN LAW (INDL-300) 3 credits
Federal Indian Law is a survey course introducing students to the special federal statutes and court decisions governing the unique legal status of Indian tribes, Indian individuals, and Indian property. The course provides an overview of the history of federal Indian policy and legal development. It introduces the student to the interpretation of treaty rights; tribal sovereignty; federal, state, and tribal jurisdiction in Indian country; special rules regarding environmental protection of resources of importance to tribes; the disposition on Indian child custody matters; Indian gaming; and other matters of increasing importance to the practice of law in areas such as Washington State where a significant tribal presence exists.
FILM AND THE LAW (JURS-415) 2 credits
Techniques of storytelling are the essence of the creative dimensions of the role of the lawyer. This class is a rigorous exploration of film and law striving to develop your skills as a storyteller, develop your creative spirit, contribute to your lawyering skills, and be fun. Film and law share similar artistic objectives: how facts, characters, and plot weave together to present a dramatic and persuasively told story. Likewise film and law raise complex issues of social justice, ethics, evidence, and human behavior. This class strives to integrate the two disciplines teaching you essential skills for developing as a creative dynamic lawyer. Students in addition to class are required to view films outside of class. (The law and Lemieux Libraries will have copies and most of the films are on Netflix, Amazon, and in the public library). Movies such as A Thin Blue Line; Rashomon; To Kill a Mockingbird; Do the Right Thing; and Crude are a sampling of the movies we will view. All reading for class are posted on TWEN or available without charge on the internet. Enrollment in class is limited to 20.
FINANCIAL INSTITUTIONS LAW (COMM-320) 3 credits
This course will examine the role, structure and functions of financial institutions. The past year represents one of the most turbulent periods in the history of U.S. and world finance. How did we get to this point? Where and how do we move beyond this current state?
The course begins with an overview of financial intermediation and the different kinds of financial institutions and how those institutions have been regulated. Basic financial economics will be explained where this is necessary to an understanding of regulatory strategies and decisions. Current financial developments, statutory and regulatory analysis, as well as historic case law will be examined. The class will analyze the role of financial institutions in allocating resources, managing risk, and exerting corporate governance (both over the financial firms themselves and over the firms aided by the act of financing). Students will also study meta-concepts such as economic growth, income distribution, and financial stability.
The class will also consider examples of conflicts of interest among financial intermediaries, and assess the economics of regulation, including the political forces that have helped to shape policy decisions.
Course Objective: Class participants should become minimally conversant concerning the regulatory structures and economic principles underlying the emergence, evolution, and operation of financial institutions and the impact of public policy decisions.
FORENSICS (ADVC-325) 3 credits
This course is designed as an introduction to the use of scientific and social science evidence in litigation. It includes an examination of the rules of evidence regulating the admissibility of such evidence, contrasting the Frye standard with the Daubert standard. The course will also present cases and materials on such topics as:
- the problem of "junk" science and the battle of experts
- probabilistic proof and issues in statistical analysis
- scientific and philosophical problems involving causation
- issues concerning evaluation and proof of mental states, including insanity and diminished capacity
- admissibility and problems regarding DNA evidence
- The course will also consider practical and legal issues involved in working with experts in general, taking depositions of expert witnesses, qualifying experts, preparing them for trial, and preparing to cross-examine experts.
This course fulfills the professional skills requirement.
GENDER AND JUSTICE SEMINAR (JURS-320) 3 credits
This seminar will explore current issues facing women in society with particular emphasis on employment law. Women in the professions, sports and sciences, women and leadership, pay inequities, and work and parenthood are some of the areas to be explored. Recent case law regarding statutes such as Title VII, Title IX, the EPA, the FMLA, and PDA will be discussed as well as controversial approaches to counter bias such as affirmative action and comparable worth will be included. Comparisons with approaches in other countries will provide perspective. Requirements for the class include a paper and its presentation, some student led discussions, and informed class participation.
GENDER VIOLENCE AND THE LAW (FAML-335) 3 credits
This course will examine the prevalence and significance of gender violence in the United States and the law's evolution in response to it. The course will cover historic and current civil and criminal legal responses to gender violence and critiques of this system by critical race and feminist theorists. Through study of court decisions, statutes, and other materials, students will consider special problems with enforcement of and access to the legal system for certain survivors of gender violence, including immigrants, youth, lesbian, gay, and transgender people, pregnant women, and incarcerated people. Guest lectures from lawyers and other professionals in the field will provide an overview of the challenges of providing legal representation for survivors and developing trends in the legal response to gender violence. Class activities will also include practical skills training in interviewing and drafting legal documents in the context of advocacy for survivors of gender violence.
GENERAL COUNSEL: LAWYERING WITHIN AN ORGANIZATION (LPRC-325) 2 credits
Legal departments at companies and organizations have a broad range of responsibilities, all of which involve, at some level, risk management. Not only does a General Counsel need to understand multiple practice areas to be able to address issues, he or she must also be a business person and be able to identify, understand and balance risks and make decisions relating to those risks for the company or organization. The purpose of this course is to give students an overview of the role of a General Counsel. Students will be exposed to a number of areas of substantive law that are commonly addressed by General Counsel and will be able to use what they've learned to resolve issues frequently encountered at a company or organization. There will be several exercises in which students will have to respond to lawyering challenges of the kind frequently encountered by General Counsel.
This course fulfills the professional skills requirement.
GIFT AND ESTATE TAX (TAXL-310) 3 credits
This course provides an introduction to the taxation of gratuitous property transfers, including both transfers upon death (estate tax) and transfers during life (gift tax). It is concerned solely with the federal system of transfer taxes and does not include examination of the income taxation of trusts and estates.
Pre or co-requisites: Individual Income Tax (TAXL-300) and Trusts and Estates (ESTA-300).
GLOBAL JUSTICE PRACTICUM (INTL-415) 2 credits
Students in this practicum course will work on research and advocacy projects of the Center for Global Justice. The projects will be in service of the interests of individuals and organizations both domestic and international. As Student Fellows of the Center, practicum students will work under the supervision of the Director in assisting these individuals and groups. The work will combine research, problem-solving, and direct engagement with the outside individuals and groups.
Restrictions: Permission of the instructor is required for enrollment.
GLOBALIZATION AND THE LAW (INTL-372) 2 credits
This seminar examines law in the context of "Globalization"-a term commonly used to describe accelerated international flows of capital, goods, services, ideas, and people. Globalization entails the spread and connectedness of production, communication, and technologies across the world, and interlacing of economic and cultural activity on a global scale. While global economic and cultural interconnections have existed for centuries, the speed, volume, and complexity of global communication, trade, and capital flows of our age are unprecedented and are having novel impacts on all aspects of collective and individual life. A host of new and modified global, regional and national legal regimes and regulatory institutions have emerged to sustain globalization. This new and rapidly expanding legal order has presented unique challenges to common understandings of sovereignty, national jurisdiction, and citizenship. This seminar aims to facilitate informed evaluations of the salient features of globalization and accompanying legal regimes.
HEALTH LAW I (HLTH-305) 3 credits
This course surveys health law and its sources, particularly within the context of the patient-provider relationship. These health law issues fall into five categories: (1) provider licensing; (2) the treatment relationship; (3) care at the boundaries of the body; (4) medical malpractice; and (5) health care financing. Students will be exposed to key provisions of the Patient Protection and Affordable Care Act of 2010 relevant to these categories. Throughout the semester, particular attention will be paid to the ways in which health law impacts the realities of health care access and delivery, as well as the intersections of health care, law, and ethics. Prior or concurrent exposure to Administrative Law is useful but not required. Depending on class size, students will be evaluated based on a final examination and/or final paper
HEALTH LAW II (HLTH-330) 3 credits
Health Law II is designed to expand upon the health law policy and regulatory background of Health Law I and to explore in depth the specific regulatory framework affecting operations and transactions among healthcare providers, particularly hospitals and physicians. The course will emphasize many of the regulatory compliance strategies providers employ as they seek to structure appropriate business relationships. Specific attention will be given to five major areas: anti-kickback prohibitions and safe harbors, Stark II self-referral prohibitions and exceptions, taxation of exempt organizations, antitrust regulation, and the privacy and security requirements of HIPAA. State law issues such as entity and network formation, the unauthorized practice of medicine, and B and O tax are also addressed. Frequent use of practical and current real world factual scenarios, detailed review of the applicable regulations and case law, and exposure to the many ways in which providers contract and partner with one another round out the course's progression from Health Law I, preparing students for further independent or seminar health law courses to develop drafting, negotiation and analytical skills, and/or, ultimately, a health law practice.
Prerequisite: Health Law I (HLTH-305).
HOUSING LAW AND POLICY SEMINAR (HOUS-375) 2 credits
Critical legal issues with respect to housing supply will be explored in their economic and social contexts. Selected areas of concern include current federal and state housing subsidies; remedies of housing renters and purchasers with respect to quality, availability, and affordability; preservation strategies which protect and upgrade existing housing stock; special but pervasive impacts of market discrimination against racial minorities, women, and physically-challenged persons; and local government land use regulation impacting housing access and opportunity. The catalytic role of economic and community development in expanding housing supply, the link between housing and jobs, restructuring of the housing finance system, and the amelioration or elimination of sub-standard housing conditions will also be important topics of the seminar. Housing and urban redevelopment law will be assessed from both the perspective of residents impacted by neighborhood change, as well as from larger urban areas, particularly downtown cores, transformed by both clearance and restoration efforts. The growing problem of homelessness will be considered in light of the distribution of housing resources and income in Seattle, as well as the rise in real estate values and consequent and continuous rise in rents. Demographic shifts caused by gentrification-triggered inordinate rises in property prices and consequential displacement of neighborhood residents will be assessed in light of the historic distribution of housing opportunity along racial lines. The seminar will have as a laboratory Seattle's Central District, the western edge of which is within a few blocks of Seattle University. Students will be encouraged, though not required, to weigh legal and policy issues in the context of dramatic changes in the demography of the Central District because of its proximity to a revitalized downtown core. To the extent time permits, students will have the opportunity to use census and other data collected by King County and the City of Seattle in conjunction with field work in the Central District to expand their research. Seminar limited to 15 students.