Course Titles R - Z
- Race and Equity in Public Education (EDUL-360)
- Race and Law (JURS-360)
- Real Estate Litigation (PROP-365)
- Remedies (REMD-300)
- Rethinking Legal Responsibility in the Age of Neuroscience (JURS-381)
- Right to Counsel Clinic (CRIM-415)
- The Right to Counsel: Law and Lawyering (CRIM-375)
- School Law (EDUL-310)
- Securities Regulation (BUSN-325)
- Social Justice Lawyering (ADVC-330)
- Special Education Law Seminar (EDUL-350)
- Special Topics in Immigration Law: The Dream Act and DACA (IMMG-500)
- Sports Law (SPRT-310)
- Start-up Ventures and the Law (BUSN-342)
- State and Local Taxation (TAXL-355)
- Street Law (STRL-300)
- Taxation of Non-profit Organizations (TAXL-325)
- Trade Secret Law (INTP-318)
- Trademark Administration Lab (INTP-316)
- Trademark Law (INTP-315)
- Transitioning to Practice: A New Lawyer's Guide to Practice in King County (LPRC-305)
- Tribal Governmental Gaming (INDL-330)
- Trusts and Estates (ESTA-300)
- Trusts and Estates Clinic (ESTA-400)
- UCC Sales (COMM-350)
- UCC Secured Transactions (COMM-355)
- United States Government Litigation: Selected Topics (CIVL-390)
- United States Supreme Court Practice Seminar (CNLW-415)
- Washington State Constitutional Law Seminar (CNLW-315)
- Water Law (ENVL-350)
- Whistleblowers and the Law (BUSN-355)
- Workplace Health and Safety (EMPL-330)
- White Collar Crime (CRIM-310)
- Youth Advocacy Clinic (ADVC-310)
RACE AND EQUITY IN PUBLIC EDUCATION (EDUL-360) 3 credits
This seminar will consider the history, legal developments, and current conditions underlying the persistent inadequacy of public education for African Americans and others living in poverty. What obligations and options do courts, policymakers, and advocates have in implementing the 14th Amendment's guarantee of equal protection and clauses in state constitutions guaranteeing both equity and adequacy in the educational system?
We will examine: (1) the deliberate denial of education for African Americans before the Civil War; (2) the development of a robust public education system during and after Reconstruction; (3) the demographic and other transformations of communities as a result of the Great Migration; and (4) the role of courts in education reform throughout the 20th century up to the present.
In light of recent legal and societal trends, we will carefully consider the role that race, poverty, and socioeconomic status should play in the development and implementation of education policy.
RACE AND LAW (JURS-360) 3 credits
This course addresses law and its relationship to racial justice. Race is one of the fundamental axes of social injustice in the U.S. The legal system operates to create, reinforce and mask racial injustice. Yet law simultaneously provides practical tools to further social justice values. This course should help you develop a deeper grasp of the role law plays in constructing and sustaining "race" and "racism." By understanding this, you can hold our legal system more accountable to its stated constitutional values of due process of law and equal protection of the laws.
Of course, race is not the only category through which unjust power relations are formed. We cannot grasp the full extent of racism without analyzing how it intersects with other "isms" to create larger structures of social oppression; thus we will address other forms of social injustice, such as discrimination based on gender, class, sexual orientation, disability, etc. However, we will always return our focus to unlearning racism, which is so complex that it is a lifelong learning process.
By the end of the semester, you should have some basic information and tools that will allow you to
communicate more effectively with colleagues, clients and other justice system stakeholders who have different racial experiences than yours;
recognize issues of race that underlie our legal, political and social institutions;
analyze the racial content of seemingly race-neutral laws and actions; and
be better equipped to work towards achieving racial justice, in your capacities as lawyers as well as a citizens who want to make a difference.
Course evaluation will be based upon presentations and final papers.
REAL ESTATE LITIGATION (PROP-365) 2 credits
This course will examine the basic principles of real estate law in the context of commonly-litigated issues. Students will be asked to complete litigation-focused writing assignments involving purchase and sale agreements (legal descriptions, contingencies, remedies of buyer/seller for breach), title disputes, encroachments (adverse possession, trespass, ejectment), easements, nuisance, homeowners associations (bylaws, restrictive covenants), foreclosure (judicial, non-judicial, and the Foreclosure Fairness Act mediations), land use, eminent domain, and landlord-tenant disputes.
Pre-requisite or co-requisite: Basic Real Estate (PROP-300).
This course fulfills the professional skills requirement.
REMEDIES (REMD-300) 3 credits
Study of equity, unjust enrichment and restitutionary remedies, proof of damages in personal injury claims, and legal and equitable remedies for deception, duress, undue influence, hardship, unconscionability, mistakes, and breach of contract.
This is a bar tested course.
RETHINKING LEGAL RESPONSIBILITY IN THE AGE OF NEUROSCIENCE (JURS-381) 2 credits
Recent developments in neuroscience have challenged our traditional notions about legal responsibility. In this seminar, we will look at the history and development of our traditional concept of legal responsibility, the philosophical assumptions about human nature and action underlying this concept, and the challenges contemporary neuroscience poses to these assumptions. We will also consider how the concept of legal responsibility might or must be changed in order to be compatible with the models of human action emerging from modern neuroscience. If we do not actually have free will, what does determine or influence our actions and how should we think about legal responsibility? When should I be held responsible for my actions--whatever "my actions" means? In exploring possible answers to these and other questions, we will also consider concepts of legal responsibility from other legal systems, when corporations are held legally responsible, and the responsibility of nation states under international law. Final paper required.
RIGHT TO COUNSEL CLINIC (CRIM-415) 4 credits
The 6th Amendment guarantees the right to appointed counsel in most criminal proceedings. In this course, students will study the law on right to counsel in criminal and some civil cases and the failure in some places to provide effective representation for clients unable to hire their own counsel. They will learn to use their skills to advocate for individual clients in certain settings and for reforms in the justice system and in the broader society.
The course will explore the wide range of advocacy tools that lawyers can use to effect reform and to enforce and extend the right to counsel. Students will be assigned responsibility for cases and projects on these issues. Students may be involved in litigation, as direct representatives or amicus curiae, and/or other reform efforts.
Prerequisites: Criminal Procedure Adjudicative (CRIM-300). Recommended: Legal Writing II (WRIT-200). Restrictions: Must be Rule 9 eligible. Must meet conflicts of interest rules (see clinic website).
This course fulfills the professional skills requirement.
THE RIGHT TO COUNSEL: LAW AND LAWYERING (CRIM-375) 3 credits
Lawyers frequently have the opportunity to use their skills to advocate for reforms in the justice system and in the broader society. The Rules of Professional Conduct state that lawyers have a "special responsibility for the quality of justice". As the 50th anniversary of the Gideon v. Wainwright decision approaches in 2013, this class will explore the variety of ways that lawyers and judges have contributed to implementing that watershed decision on the right to counsel in state criminal cases and how in many ways the promise of Gideon remains unfulfilled. The class will review the history of the right to counsel in the United States, including in criminal, juvenile, civil commitment, and other civil cases. Students will study the crisis in public defense in Washington and across the nation as well as the issues relating to "civil Gideon", providing counsel to poor persons in civil cases. The class will consider the types of advocacy lawyers can use to effect reform, including appellate cases addressing ineffective assistance of counsel, affirmative systemic litigation, motions for caseload relief, development of standards with bar associations, development of court rules, informal advocacy with courts, prosecutors, law enforcement, and local governments, legislative advocacy, attorney discipline and judicial misconduct proceedings, and publications. There will be a mid-term exam, a series of class room exercises, short written work, and a final exam.
SCHOOL LAW (EDUL-310) 2 credits
This survey course covers constitutional, statutory, and common law principles common to all public education systems within the United States, with an emphasis on Washington State. This course provides opportunities for students to examine the constitutional framework and amendments and current legal issues currently facing attorneys that represent stakeholders in the K-12 public school system. Topics include federal case law that affects K-12 education, Teachers' Rights, Students' Rights and Discipline, Tort Liability, Special Education Laws, and Collective Bargaining to the extent these topics are not explored in other survey courses.
SECURITIES REGULATION (BUSN-325) 3 credits
The first part of the course will focus on the federal regulation of the offering and sales of securities through private and public offerings. We will cover the Securities Act of 1933 and the Securities Exchange Act of 1934, together with recently adopted amendments and supplements to these laws and their practical effects (i.e. Sarbanes Oxley and JOBS Act). The second part of the course will focus on the federal provisions imposing civil and criminal liability for fraud in connection with the sale of securities, emphasizing a study of the materiality of the elements for recovery, and what is the appropriate measure of damages..
While this course will focus on the relevant statutory and case framework, it will also examine Securities Regulation from the perspective of a practitioner and business person. Issues that will be covered include regulatory issues when attempting to raise funds, practical and statutory considerations when disclosing negative information to the market, how a securities class action is settled, and the most important issue that is not discussed in any textbook.
Prerequisite: Business Entities (BUSN-300).
SOCIAL JUSTICE LAWYERING (ADVC-330) 3 credits
This course will examine, through three modules, the challenges to achieving social justice objectives through litigation. In the first module, we will examine the NAACP's school desegregation strategy. The second module will focus on the marriage equality movement. The third will vary from year to year as decided by the instructor. Though focused on litigation, the course will examine what Scott Cummings and Douglas NeJaime have described as "multidimensional advocacy": advocacy across different domains (courts, legislatures, media), spanning different levels (federal, state, local), and deploying different tactics (litigation, legislative advocacy, public education)." Students will be evaluated based on their class participation and various writing projects throughout the course of the semester. Writing projects will include memoranda examining amicus opportunities in on-going litigation affecting the rights of disempowered groups.
SPECIAL EDUCATION LAW SEMINAR (EDUL-350) 2 credits
This course will trace the origin and development of special education law since enactment of the Individuals with Disabilities Education Act (IDEA) in 1975 and how the legal process has affected the provision and administration of special education. It will examine the multiple sources of law (federal and state, statutory, regulatory, administrative, and judicial) to assess their relative impact and importance and compare the conflict resolution approaches and models used by educators and attorneys. Key concepts of IDEA, such as free appropriate public education, least restrictive environment, and individualized education program, will be analyzed to weigh their underlying validity and evolution. Attendance will be mandatory. Grade will be based on a paper and class participation. Enrollment will be limited to 12 students.
SPECIAL TOPICS IN IMMIGRATION LAW: THE DREAM ACT AND DACA (IMMG-500) 1 credit
In 2001, the DREAM Act (Development, Relief, and Education for Alien Minors) was first introduced in the U.S. Senate. To date, Congress has not passed the bill, which would create a pathway for citizenship for undocumented immigrant youth. However, in response to concerted effort by the youth themselves (often referred to as DREAMers), on June 15, 2012 the Obama Administration announced the creation of the DACA program through an executive order authorizing the use of prosecutorial discretion with respect to individuals who came to the U.S. as children.
This class will cover the following topics:
- An overview of DACA and the DREAM Act.
- A discussion of the connection between DACA and the DREAM Act.
- An exploration of the "DREAMer" youth-led movement that resulted in the creation of DACA.
- A discussion about the legal controversy surrounding DACA involving executive action and prosecutorial discretion.
- An investigation into the U.S. response to the current increase in migration from Central America and its connection to DACA and to the U.S. Sanctuary Movement of the 1980's.
Students will be expected to write a response to President Obama's imminent decision expected in late 2014 related to the future of the DACA program.
SPORTS LAW (SPRT-310) 2 credits
This course examines various legal issues impacting collegiate and professional sports. Students will analyze sports cases and materials that cover multiple disciplines, including contracts, torts, constitutional law, antitrust, labor and employment, intellectual property, and criminal law. Students will participate in problem solving exercises and drafting sessions, which explore areas such as player and coaching contracts and investigation of rules infractions and possible sanctions against universities. Students will augment their learning through analysis and discussion of up-to-the-minute sports law developments.
Recommended but not required: Antitrust Law (ANTI-300).
START-UP VENTURES AND THE LAW (BUSN-342) 3 credits
This course will cover topics in the area of start-up company law, beginning with business formation, board and officer arrangements, the role of company founders, and capitalization. The second segment of the course will focus on debt and equity financing, including crowdfunding, promissory notes, angel and venture investors, and initial public offerings.
The third and final segment will focus on intellectual property issues faced by start-ups, particularly patent, copyright and trademark licensing, noncompete agreements, and technology transfer arrangements.
Recommended but not required: Business Entities (BUSN-300).
STATE AND LOCAL TAXATION (TAXL-355) 3 credits
This course will cover the fundamentals of state and local taxation in the United States, including a survey of the substantive law and policy implications of the taxes commonly imposed by state and local governments throughout the United States (i.e., net income-based taxes, ad valorem property taxes, sales and use taxes, and gross receipts taxes and excise taxes). The course will also explore the principal federal limitations on the states' taxing power, including the restraints imposed by the so-called "dormant" or "negative" Commerce Clause of the United States Constitution, as well as the limitations arising under the Due Process, Equal Protection, and Import-Export Clauses, and the affirmative limitations on state taxation imposed by Congress (e.g.., Public Law 86-272 and the Internet Tax Freedom Act). The course will also examine some of the more common limitations on state and local taxation arising under state law (e.g., the uniformity requirement under Washington's Constitution). Finally, the course will introduce the basics of state and local tax practice and procedure. Although the course will generally be national in scope, Washington's unique system of taxation-especially the state's business and occupation tax-will be examined in detail.
Prerequisite: Individual Income Tax (TAXL-300).
STREET LAW (STRL-300) 3 credits
Second and third year law students are eligible to teach a practical law class to high school seniors and earn credits at the same time. Law students increase their knowledge of the law and improve lawyering skills of communication and critical thinking while contributing to the education of young persons. Street Law challenges law students, requiring them to integrate legal knowledge and skills with new methods of confronting community legal problems. Law students' own legal education is enriched by new perspectives and skills and students also gain tremendous satisfaction from the contributions to the high school students.
Law students teach in teams or solo, two hours per week between 7:45 a.m. and 2:30 p.m. at one of four Seattle high schools or at one Puyallup high school. The assigned times are made early in the semester. Weekly seminars prepare law students regardless of past teaching experience to conduct successful classes. Some high schools allow for afternoon classes and some have morning times. It is best to have two one-hour available slots available, plus travel time, for the same time twice per week. The culminating experience is a mock trial in which law students coach the high school students to serve as prosecution/plaintiff and defense teams to compete in a mock trial in local courthouses in front of real judges and attorney evaluators.
This course fulfills the professional skills requirement.
TAXATION OF NON-PROFIT ORGANIZATIONS (TAXL-325) 2 credits
This course examines federal and state laws affecting non-profit organizations. We will explore the life a non-profit from developing the mission or purpose, forming the non-profit, applying for tax exempt status, engaging in typical transactions (such as joint ventures and fiscal sponsorships), and dissolving the nonprofit entity. Students will gain practical experience drafting Articles of Incorporation, bylaws, governance policies, and other documents. This practical based approach will serve as a framework to explore the tax treatment of public and private charities exempt under I.R.C. § 501(c)(3), as well as business leagues, social clubs, and other types of tax-exempt organizations. In addition, this course will cover the requirements for federal tax exempt status, restrictions on lobbying and political campaign activities, and the unrelated business income tax.
Pre or co-requisite: Individual Income Tax (TAXL-300).
TRADE SECRET LAW (INTP-318) 2 credits
This course provides an in-depth introduction to the law of trade secrets, both civil and criminal, for aspiring business and intellectual property lawyers. More common than patents or copyrights, trade secrets are often the most valuable intellectual property held by a business. Indeed, a company's continued existence may very well depend upon its ability to protect its trade secrets. Consider, as an example, the formula for Coca-Cola, perhaps the most valuable trade secret in the world. The law of trade secrets draws on property law, contract law, tort law, employment law and criminal law. In addition to surveying this legal landscape, the course will hone students' ability to draft practical agreements concerning trade secrets, including non-disclosure agreements, non-compete agreements, and trade secret provisions in employment agreements. The course will also consider the pervasive and growing threats to modern businesses from foreign and domestic cyber-espionage as well as the state and federal resources available to business and intellectual property lawyers to protect their clients before and after cyber-attacks and network intrusions by hackers intent on acquiring a business' trade secrets. No prior knowledge of intellectual property law will be assumed.
TRADEMARK ADMINISTRATION LAB (INTP-316) 1 credit
Trademarks are among a company's most valuable assets. This lab course is designed to provide the student with the tools necessary to advise a client in building and managing its domestic and international trademark portfolio. The course addresses such matters as trademark selection and clearance searches; filing and prosecuting trademark applications in the U.S. Patent and Trademark Office; statutory bars to trademark registration, such as likelihood of confusion and descriptiveness; ex parte and inter parties practice before the Trademark Trial and Appeal Board; registration and maintenance of a client's trademarks; and policing and enforcing your client's trademarks. This course must be taken pass/fail. Prerequisite or co-requisite: Trademark Law.
Pre or co-requisite: Trademark Law (INTP-315). Restriction: Class must be taken pass/fail. Meeting Note: Class is generally scheduled to meet for 7 weeks only, starting late in the semester.
This course fulfills the professional skills requirement.
TRADEMARK LAW (INTP-315) 2 credits
This course focuses on the day-to-day realities of trademark practice, including the origin, nature, and extent of trademark rights; what constitutes "use" of a trademark for purposes of ownership, enforcement, and liability; the protectability of nontraditional trademarks such as colors and configurations; client counseling and resolving trademark disputes; protecting and enforcing trademark rights; and the limitations on trademark protection. Along the way, the course addresses such related areas of law as federal and common law of unfair competition and deceptive advertising, trade dress, rights of publicity, Internet domain names, and uses of trademarks in Web advertising.
TRANSITIONING TO PRACTICE: A NEW LAWYER'S GUIDE TO PRACTICE IN KING COUNTY (LPRC-305) 1 credit
The course is designed to provide practical and concrete knowledge of "how to" practice in King County Superior Court with an emphasis on motion and trial practice. This focus of this course is "real life" skills that you will put to everyday use and is taught by a Superior Court Judge and a practicing litigator. Students will be introduced to state and local court rules, case and client management, drafting of proposed orders, tips for oral argument, and presentation of evidence to a judge or jury. They will also learn basic skills like how to file a motion and where their motion will be heard. Two hours of in-court observation and a short reflection paper will be required. Although the primary focus of the course is on King County Superior Court, students will also receive an overview of other courts in our area. Mandatory course materials include: Local Rules for King County, State Court Rules for Superior Court, Washington Rules of Evidence, and Washington Rules of Professional Conduct (all available electronically). TWEN will be utilized.
Restrictions: Must be graduating within three semesters to enroll. This course must be taken pass/fail. Meeting Note: The class will meet in four sessions and include Saturday dates. To receive credit, students must attend all class sessions.
TRIBAL GOVERNMENTAL GAMING (INDL-330) 2 credits
This seminar will review the legal, political and social forces that led to the enactment of the Indian Gaming Regulatory Act (IGRA) and examine the implementation of the Act. The course covers all of the major issues involved in IGRA, including: management contracts; the powers of the National Indian Gaming Commission; the classification of various gaming activities; tribal authority over gaming; the role of the states in the regulation of Indian gaming; and the determination of where Indian gaming facilities may be located. Requirements for the course include informed class participation and the preparation of a research paper. The Federal Indian Law course is not a prerequisite, but it will be helpful in understanding the concepts involved in IGRA and the issues that have arisen in the implementation of the Act.
TRUSTS AND ESTATES (ESTA-300) 3 credits
This course, which stands on its own as a survey course and also serves as an introduction to Estate Planning, covers the law of wills, trusts, and intestate succession. It includes execution and revocation of wills; creation, modification, and termination of trusts; problems of construction; restrictions on testation and transfers in trust; and future interests. The course covers some aspects of fiduciary administration, but not taxation.
This is a bar tested course.
TRUSTS AND ESTATES CLINIC (ESTA-400) 4 credits
Students will represent a low-income elderly or disabled person in an estate planning matter, including preparation of wills, powers of attorney, and health care directives. Student teams must maintain office hours in the Clinic offices for a total of four hours per week. Office hours must be scheduled on Tuesday, Wednesday, or Thursday between 1 and 8 p.m. This clinic is available as an evening clinic.
Pre or co-requisite: Trusts and Estates (ESTA-300). Restriction: Students must meet the Law Clinic's conflict of interest rules.
This course fulfills the professional skills requirement.
UCC SALES (COMM-350) 3 credits
The course covers the law governing the sales of tangible personal property. The course deals with contracts for the sale of goods, involving issues that generally are not dealt with in first year contracts. The course covers shipment of the goods when the parties are at a distance and the risk of loss should the goods be damaged or destroyed prior to acceptance by the buyer. Of central importance is the seller's obligations with respect to the quality of and title to the goods. Discussed under this topic are the creation and content of express and implied warranties; the manner in which they may be modified or disclaimed; and the contractual alterations the parties can make to the remedies provided by the law. The course also treats the buyer's right to reject or revoke acceptance of non-conforming goods; the buyer's and seller's remedies in the event of breach; and the right of the buyer or seller to reclaim goods from an insolvent seller or buyer. Although the central source of law for this portion of the course is Article 2 of the Uniform Commercial Code, the course also will consider the interface between the Code and products liability law.
This is a bar tested course.
UCC SECURED TRANSACTIONS (COMM-355) 3 credits
The course covers the law pertaining to security interests in personal property. The course addresses the manner in which parties can create interests in personal property to secure the payment of a debt and the consequences of creating such an interest. Discussed are the manner of creating and perfecting security interests; priorities among secured parties; priorities between secured creditors and unsecured creditors and purchasers; and the remedies that exist in the event of default or improper seizure of the secured property. The course also considers the scope of Article 9 of the Uniform Commercial Code, which governs secured transactions, attending to such issues as leases that are intended for security and consignments of goods. In addition to treating these issues under Article 9, the course considers the effects of the Bankruptcy Act upon security interests when the debtor is in bankruptcy proceedings with emphasis upon such issues as voidable and preferential transfers.
This is a bar tested course.
UNITED STATES GOVERNMENT LTIGATION: SELECTED TOPICS (CIVL-390) 3 credits
This course will introduce students to U.S. Government Litigation as well as introducing topics that are unique to practicing law in Washington, D.C., including influencing the legislative process and the appointments process; using openness statutes and the media; and ethics and lobbying restrictions. Emphasis will be placed on coverage of a broad range of topics rather than upon detailed analysis of any particular area. The following topics will be discussed: the conduct of Federal Government litigation, the Administrative Procedure Act, the Federal Tort Claims Act, the Tucker Act, the Freedom of Information Act and government secrecy, and the on-going health care litigation. In addition, a number of special litigation matters, such as habeas actions brought by Guantanamo detainees, will be incorporated as well.
UNITED STATES SUPREME COURT PRACTICE SEMINAR (CNLW-415) 3 credits
This course is designed as an introduction to the world of United States Supreme Court litigation. The primary objective of the course is to give students a sense of the business of the Court-what kind of cases it hears, how it decides to take cases, what kind of briefs and arguments it considers, how it drafts opinions, etc. An important secondary objective, however, is to give students insight into and practice at the skills that are necessary to be an effective Supreme Court advocate-convincing the Court to take a case, crafting a persuasive brief, making a compelling oral argument, etc. While very few lawyers ever have an opportunity to argue a case before the United States Supreme Court, the skills that are necessary to succeed in Supreme Court litigation are very similar to (though not exactly the same as) those necessary to succeed in appellate litigation more generally. The class has a substantial number of simulations and written exercises (including the drafting of a substantial mock judicial opinion) but no final exam.
WASHINGTON STATE CONSTITUTIONAL LAW SEMINAR (CNLW-315) 2 credits
This course will combine theoretical and practical analysis of the Washington State Constitution. The course will be relevant to students who intend to practice in Washington, particularly those whose practices will involve state government, judicial decision-making, lawmaking, or politics. Theoretical aspects of the course will examine the structure, content, role, and interpretation of state constitutions. The practical component will survey and analyze the state constitutional provisions and rulings of interest to Washington practitioners. The course will be structured around the three overlapping aspects of the Washington State Constitution: the personal constitution (individual rights), the political constitution (allocation of political power), and the working constitution (functions of and limitations on state government).
Prerequisite: Constitutional Law (CNLW-200).
WATER LAW (ENVL-350) 3 credits
The development of water resources and the growth of the law in the context of scarcity and competition between instream resources and the demands of population growth is the focus of this course. Materials and discussion will emphasize the fundamental principles of ownership and rights to use water, primarily concentrating on western water law and the prior appropriation doctrine. Students will study a range of issues and topics including irrigation rights and municipal use, tribal and federal reserved water rights, the public trust doctrine, and the politics of water law. State water rights in the context of federal laws such as the Clean Water Act and the Endangered Species Act will be covered as well.
WHISTLEBLOWERS AND THE LAW (BUSN-355) 2 credits
This course examines the complex web of laws that protect employees who disclose serious wrongdoing in the workplace, otherwise known as "whistleblowers." Despite heightened national focus after Enron and 9/11 on the importance of protecting workers from retaliation for reporting information about corporate or government fraud, unsafe practices that threaten public health, safety or the environment, unethical or illegal conduct, or other misdeeds, there is an absence of comprehensive legal protection for all whistleblowers. Whistleblower protection law is a patchwork that often invokes employment law, labor law, constitutional law, environmental law, securities law, and administrative law. This course will cover the many federal and state statutory and common law protections available to whistleblowers, the reach and limitations of some of these legal protections, and the elements prosecuting and defending a typical whistleblower claim, while discussing the ethical, legal, and practical implications of disclosing and responding to problems witnessed in the workplace. Class participation expected and written assignments required.
Pre or co-requisite: Employment Law (EMPL-300) or Employment Discrimination (EMPL-315).
WHITE COLLAR CRIME (CRIM-310) 2 Credits
The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The course will cover many of the following topics: the definition of and theory behind white collar crime, individual intent, entity liability and the charging of corporations, conspiracy, mail and wire fraud, bribery and public corruption, the Foreign Corrupt Practices Act, false statements, perjury, obstruction of justice, money laundering, investigative techniques used to combat white collar crime, Fifth Amendment and attorney-client privilege, grand jury law and practice, prosecutorial discretion and plea bargaining, and sentencing.
WORKPLACE HEALTH AND SAFETY (EMPL-330) 3 credits
The course examines the legal mechanisms aimed at reducing the incidence of work-related illnesses and accidents, and providing compensation for workers disabled by occupational injuries and diseases. It will first cover workers' compensation, a statutory scheme that eliminates the employer's common-law duty in tort to provide covered workers with a reasonably safe place to work, and replaces it with an obligation on the part of employers to pay, on a non-fault basis, fixed benefits to employees disabled by accidents or illness that arise out of and in the course of the employment, and to the families of workers killed by job-connected accidents or diseases.
Special attention will be paid to the various issues that arise in determining whether or not the particular injury or illness was a compensable event as designated by the statute and whether or not the disability was in fact causally related to the employment.
The course will also focus on the interrelationship between worker compensation and tort law in two discrete contexts: first, when the employee seeks to avoid the exclusivity of the worker compensation remedy by claiming that her injury was not covered by the statute, and therefore she can sue her employer in tort (as often occurs when the employer is sued for allegedly committing an intentional tort against the employee), and second, in the interface between worker compensation and product liability law, when a worker injured on the job brings a product liability suit against a manufacturer, and the manufacturer tries to allocate all or part of the loss to the employer.
The course will also cover the law of occupational safety and health, as embodied in the federal Occupational Safety and Health Act (OSHA), which authorizes the Department of Labor to set mandatory standards meant to reduce work-related injuries and illnesses, and imposes a general duty on employers to maintain safe working conditions. The process by which standards are set, judicial review of standards and enforcement of the standards will be examined.
The course will be useful for students who plan to specialize in personal-injury law or employment law, or who intend to be general practitioners.
Prerequisite: Torts (TORT-100/105). Recommended but not required: Administrative Law (ADMN-300).
YOUTH ADVOCACY CLINIC (ADVC-310) 6 credits
Working with attorneys from The Defender Association (a King County public defense law firm) and under the supervision of Clinic faculty, students will engage in various forms of advocacy including: (1)the representation of youth accused as juvenile or status offenders and (2) representation of youth seeking Special Immigrant Juvenile Status; (3) direct representation and policy-based advocacy related to the detention and/or shackling of children in truancy, criminal, and/or dependency cases and the denial of the right to counsel to children and/or adults in a variety of criminal justice settings. The trial skills component of the Clinic includes a day-long Trial Skills Workshop (on a Friday) and a day-long Mock Motion Hearing before an actual judge (on a Saturday). Interested students can learn the dates of these mandatory sessions by contacting the Clinic faculty or Office Manager.
Prerequisite: Evidence (EVID-200). Pre or co-requisite: Professional Responsibility (PROF-200). Restrictions: Must be Rule 9 eligible. Students must meet the Law Clinic's conflict of interest rules. Students completing the Civil Advocacy focus area must take Comprehensive Pretrial Advocacy before taking the Youth Advocacy Clinic.
This course fulfills the professional skills requirement.