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ADMINISTRATIVE
LAW (3 credits) ADMN-300
This is a survey course designed to introduce students to the powers and limitations
of administrative agencies and the legal and political mechanisms which regulate
them. Emphasis will be placed on coverage of a broad range of topics rather
than upon detailed analysis of any particular area. The course's function in
the curriculum is to serve as a building block for advanced courses in particular
regulatory areas. Students will gain a basic familiarity with the structural
and procedural arenas in which administrative agencies operate. Advanced courses
can therefore begin with the assumption that students have this basic understanding
and proceed quickly to more detailed coverage of the issues as they arise in
that particular regulatory context.
ADMINISTRATIVE
LAW CLINIC (3 credits) ADMN-400 (Spring)
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. This course must
be taken pass/fail. Pre or Co-requisite: Administrative Law.
ADMIRALTY(3 credits)
ADMR-300
In an age when information travels the globe instantaneously and people can
travel to almost anywhere worldwide in less than a day, crossing the oceans
in ships still takes about the same amount of time as it did 100 years ago.
International transportation of everything from cars to computers occurs almost
exclusively by water. It is only a matter of time before practitioners encounter
Admiralty principles. This course is intended to provide a broad overview of
the origins, development, and current status of admiralty law in the United
States. The following topics will be discussed: sources of admiralty law; admiralty
jurisdiction; maritime torts; maritime bodily injury; maritime contracts; maritime
commercial instruments; maritime liens; marine insurance; maritime transportation;
pollution; and, miscellaneous maritime issues that do not otherwise fit into
the above general categories. Guest practitioners will supplement typical class
study. Grading will largely be based on a combination essay and objective question
final exam.
ADVANCED BANKRUPTCY(3
credits) BANK-350
The Advanced Bankruptcy Class focuses on both the legal and practical aspects
of out of court workouts and Chapter 11 reorganization cases. The students will
explore the unique dynamics of an actual Chapter 11 case from its commencement
through plan confirmation and will address issues including financing, the restructuring
of debts, the claims allowance process and the Chapter 11 plan confirmation
issues. The format will include a mixture of lectures and Q&A related to
assigned problems, small working groups to draft and present actual contested
motions. Local attorneys, accountants, turn around professionals and bankruptcy
judges regularly will attend the class and participate in the exercises which
will expose the students to the local bankruptcy practice and its participants.
This would be an excellent class for the JD/MBA joint degree candidates and
students with a commercial law focus. Prerequisite: Bankruptcy.
ADVANCED
CONSTITUTIONAL LAW: CONSTITUTIONAL LAW & POLITICAL THEORY SEMINAR
(2 credits) CNLW-320
The primary purpose of the seminar is to explore theories of liberty, equality,
association, and community. How are the ideas of freedom, equality, association,
and community linked in constitutional doctrine, and how should they be linked?
Representative authors include John Stuart Mill, Ian Shapiro, William Connolly,
Susan Muller Okin, and Martha Nussbaum. Students are expected to write a page
or two with comments on the reading each week and to write a 15-20 page paper
at the end of the seminar that focuses on the readings. Prerequisite: Constitutional
Law.
ADVANCED
CONSTITUTIONAL LAW: CONSTITUTIONAL LAW OF TERRORISM (2 credits) CNLW-410
This seminar course will explore the constitutional law aspects of the “War
on Terror” by focusing on case study prosecutions such as U.S. v.
Ahmed Ressam, U.S. v. James Ujaama, as well as the Padilla
and Hamdi proceedings. Guest speakers will include prosecutors, defense
lawyers, and judges associated with high profile terrorism cases. The course
will critically review key terrorism statutes such as 18 U.S.C. Sec. 2332 (Terrorism)
and 2339 (Material Support), and the USA P.A.T.R.I.O.T. Act. The constitutional
implications of the Padilla and Hamdi cases will be reviewed and discussed by
seminar participants with the assistance of expert guest lecturers. Seminar
participants will be expected to complete a research paper and the course grade
will be based in part upon the quality of class participation. Prerequisite:
Constitutional Law.
ADVANCED
CONSTITUTIONAL LAW: FIRST AMENDMENT DOCTRINES (3 credits) CNLW-320
This course examines past and present law regarding the freedoms guaranteed
by the First Amendment, with the primary focus on the freedoms of speech and
press. Topics covered include: development and evolution of the “clear
and present danger” test, speech which angers others, hostile audiences,
the fighting words doctrine, symbolic speech, permissible limitations on the
speech of governmental employees, access for speech purposes to government property,
content regulation versus time/manner/place restrictions, coerced speech and
the right to remain silent, anonymous speech, campaign speech, libelous speech,
obscene speech, hate speech, commercial speech, the free speech rights of students,
prior restraints, vagueness and overbreadth concerns, and limitations on taxation
of the press. There will be some analysis of the differences between article
1, section 5 of the Washington Constitution, which guarantees the right to “speak
freely” on all subjects, and the language of the First Amendment. To a
lesser extent, as time permits, we will address the free exercise of religion
clause and the establishment clause of the First Amendment. No other country
in the world tolerates as much freedom of expression as the United States. This
course asks, why is that? What is so advantageous about giving people so much
freedom of speech? Is it such a good idea? What are we sacrificing in order
to preserve such freedom? Have we overdone it, or have we not gone far enough?
Prerequisite: Constitutional Law.
ADVANCED
CONSTITUTIONAL LAW: FIRST AMENDMENT DOCTRINES AND THE INTERNET (3 credits)
CNLW-320
One of the Advanced Constitutional Law offerings, this course examines the doctrines
and theories for First Amendment protections of speech and press. The course
examines traditional First Amendment law, including clear and present danger,
fighting words and hate speech, libel, campaign election regulation, symbolic
expression, obscenity, nonobscene but indecent speech regulation, public control
of artistic expression, and public forum regulation. Throughout the course,
some attention will be given to the applicability of these doctrines and theories
to the unique environment of the Internet. The last section of the course will
focus more centrally on the Internet culture’s theoretical relationship
to First Amendment principles. Pre-requisite: Constitutional Law.
ADVANCED
CONSTITUTIONAL LAW: FIRST AMENDMENT THEORY SEMINAR (2 credits) CNLW-320
The seminar examines competing theories about the scope and justification of
freedom of speech, freedom of press, and freedom of religion. It will consider
free speech theories focused on liberty, formal equality, self-government, public
morality, dissent, and anti-domination; the relationship of various conceptions
of democracy to freedom of press; and various conceptions regarding the optimal
relationship between church and state. Among the more specific topics at issue
in some of the readings are commercial speech, pornography, flag burning, subsidies
of the arts, campaign finance, the structure of the mass media, government involvement
with religious symbols, and vouchers to religious schools. Students are expected
to submit three comments, arguments, questions, or matters to be discussed about
the reading each week (a page or two at most – these assignments are not
graded, but must be completed) and to write a 15-20 page paper at the end of
the seminar that focuses on the readings. Prerequisite: Constitutional Law.
ADVANCED
CONSTITUTIONAL LAW: POLITICAL PROCESS AND POLITICAL PARTICIPATION (2
credits) CNLW-320
This course examines the constitutional underpinnings of the law of the political
process, from campaign finance to voting rights to gerrymandering to Bush v.
Gore. The course will probe the role that courts can or should play in setting
the guidelines and rules for participation in the political process. Prerequisite:
Constitutional Law.
ADVANCED
CONSTITUTIONAL LAW: SEPARATION OF POWERS AND FEDERALISM (3 credits)
CNLW-320
This course affords students the opportunity to study selected constitutional
issues in greater depth than is possible in the required Constitutional Law
course. Emphasis is placed on topics that are, or seem likely soon to be, at
the forefront of judicial attention, including questions of legislative jurisdiction,
issues of federalism law, and aspects of the separation of powers. Prerequisite:
Constitutional Law.
ADVANCED
CONSTITUTIONAL LAW: STATE & FEDERAL POWER AND THE HEALTH CARE SYSTEM
(2 credits) CNLW-410
In this seminar, the students will identify a series of related constitutional
questions concerning the scope of the federal and state government health-related
programs; during the course of the semester each student will write a paper
concerning one or more of these issues; we will meet each week to discuss substantive
issues of interest to all of the papers and various problems in researching
and writing about these types of problems.
ADVANCED CONSTITUTIONAL
LAW: VOTING RIGHTS (3 credits) CNLW-410
The right to vote has gained a greater public awareness since the highly contested
2000 presidential election. Although this recent election brought to the forefront
issues related to voting discrimination, for African Americans the struggle
to secure access to the political process on a national basis began with the
end of the Civil War and the start of the First Reconstruction. These efforts
culminated with the passage of the federal Voting Rights of Act of 1965 and
its Section 5 preclearance provisions, which have been described as the most
effective civil rights legislation ever enacted. This course will focus on voting
rights litigation. The course will be divided into several components with an
emphasis upon the Section 5 preclearance provisions. The first component will
be a historical overview of legislative and litigation efforts related to the
right to vote from the Civil War to the enactment of the 1965 Voting Rights
Act. The second component will examine topics associated with the nuts and bolts
of Section 5 litigation, such as the formulation of a strategic advocacy plan,
the role of the client community, complex procedural issues, the interplay of
two types of judicial procedures (a local federal district court enforcement
action and a Washington, D.C., based declaratory judgment action) with an administrative
procedure before the United States Attorney General, appellate advocacy before
the U.S. Supreme Court, and substantive law governing Section 5 voting rights
litigation. Apart from these topics, the course will also focus on the importance
of developing efficient office management skills to maximize the impact of limited
resources in preparing and presenting complex civil rights litigation. In addition,
students will examine compensation issues as they relate to awards of attorneys
fees and reimbursement of litigation expenses. One objective of this course
is to instill in students the importance of developing productive habits and
skills which will apply to other types of complex litigation. The development
of such habits and skills will greatly facilitate the prosecution of complex
cases. The third component will examine whether recent federal precedent, including
Bush v. Gore, indicates a retrenchment of federal enforcement in the voting
rights area. Finally, the class will review strategies to shift these federal
enforcement efforts to the states. There are no prerequisites for this course.
ADVANCED ELECTRONIC
LEGAL RESEARCH AND METHODOLOGY (2 credits) LRES-350
This hands-on course prepares students for the practice of law in a technologically-advanced
environment. The course focuses on developing research skills and information
discrimination techniques using electronic resources (Westlaw, Lexis/Nexis,
Loislaw, various Internet legal websites). Print materials and electronic resources
will be compared to explore their relative strengths and weaknesses. Students
will analyze and develop cost-effective and interdisciplinary research strategies.
This class will be taken pass/fail only. Enrollment capped at 30. While not
a prerequisite, it is suggested that this class be taken after completion of
Legal Writing II. Students may not receive credit for both Legal Research Methods
and Adv. Electronic Legal Research.
ADVANCED
LAND USE SEMINAR: CONSTITUTIONAL LAW AND REAL ESTATE REGULATION (3
credits)
Federal and State constitutions are increasingly important in determining the
limits (and opportunities) of land use planning and regulation. This seminar
will thus consider the intersections between constitutional protections for
the owners of real estate and the institutions of governance which determine
critical issues such as environmental protection, resource as well as growth
management, regional controls on zoning and land uses in urban areas, and the
accelerating crisis in transportation management.
Seminar participants will prepare for class discussion a significant research paper on a project that examines a land use law and policy issue in which constitutional law is decisive in resolution of the problem. Along with the research/project problem, class participation and attendance, including presentation of the project, will constitute a significant part of the evaluation of the student contribution to the seminar. Prerequisite: NEPA/SEPA or Land Use Planning.
LEGAL
RESEARCH METHODS (2 credits, P/F) LRES-300
Building on the research fundamentals acquired in Legal Writing I, this course
will enhance the student’s research skills through instruction on resource
selection, research strategies and search techniques. Emphasis will be placed
on gaining familiarity and competence with the materials most commonly used
by attorneys in day to day practice. We will work with print sources, on-line
databases, and free sources of law on the Internet. Cost-effective and efficient
research will be stressed. While not a prerequisite, it is suggested that this
class be taken after completion of Legal Writing II. Students may not receive
credit for both Legal Research Methods and Adv. Electronic Legal Research.
ADVANCED REAL
ESTATE (3 credits) PROP-305
This course will concentrate on the application of principles of real estate
financing that you learned in Basic Real Estate and combine them with materials
from land use planning, bankruptcy and other areas of the law that relate to
real estate. The course will be organized by topics.
Topics which are likely to be covered include:
Prerequisite: Basic Real Estate.
ADVANCED
TOPICS IN COMMERCIAL LAW: COMMERCIAL LITIGATION (2 credits) COMM-380
The program will be based on a fictitious case file involving a dispute between
two companies. Through significant hands-on participation, students will be
guided through the strategic decision-making process of commercial litigation
from the initial client interview and intake, commencing the lawsuit, responding
to the lawsuit, written and documentary discovery, depositions, and motions
practice. Students will also have the opportunity to develop their written and
oral advocacy. Prerequisites: Legal Writing II.
ADVANCED
TOPICS IN HEALTH LAW (2 credits) HLTH-350
This course is designed as a seminar for students who have had health law or
law and medicine. The seminar will focus on one or two contemporary health-related
political issues; and each student will write a paper and present a paper on
one aspect of that issue. Past topics have included reform of the Medicare program,
government regulation of smoking and tobacco use, health insurance for the indigent
in Washington State. The general meetings of the class will provide background
on the topic, review its political and legal significance, and provide assistance
with various research techniques. Each student will identify a problem or issue
related to the general topic, and write a law review-note length paper both
for presentation to the seminar and—ideally—for publication. Prerequisite:
Health Law I or Medical Liability.
ADVANCED TOPICS IN INTELLECTUAL
PROPERTY: INTELLECTUAL PROPERTY LAW AND GLOBALIZATION SEMINAR (3 credits)
INTP-380
As it is commonly understood within the United States, intellectual property
law is a policy balance between rights to exclude and access to protected materials,
in the service of greater innovation and creativity. The proliferation of technologies
of reproduction such as digital networked computers, as well as the acceleration
of trade in intellectual property protected materials, makes the understanding
of globalization critical to a comprehensive perspective on intellectual property
law. In this seminar, we will examine a number of topics, such as: what is globalization?
What is development? How are trade laws and intellectual property laws linked?
What are the policy rationales for intellectual property and how have they been
implemented in global intellectual property regimes? How has intellectual property
law dealt with concerns over public health, public welfare, human rights and
other social justice issues? What are the distributional and re-distributional
effects of globalized intellectual property regimes? Students will be asked
to complete a paper that not only integrates these topics but also focuses on
a particular problem raised by global intellectual property protection. Prerequisite:
Intellectual Property. Highly recommended: International Intellectual Property
ADVANCED TOPICS IN INTELLECTUAL
PROPERTY: LAW, TECHNOLOGY AND DEVELOPMENT SEMINAR (2 credits) INTP-380
This course will provide an overview of selected principles and theories of
economic development and social justice. Assigned readings will be used to establish
frameworks for analysis and discussion of global development and social justice
issues in the context of current events, including global disparities in access
to knowledge, access to medicine, and access to sustainable resource management
technologies. Readings and discussions will address the implications of technological
innovation, intellectual property rights, technical standards, governmental
regulation, trade policy, and governmental and non-governmental institutions.
Class participation and contributions to discussion will constitute a significant
component of the student evaluation. Students will be required to complete a
research paper that applies frameworks developed during the course to a topic
of interest to the student (subject to instructor approval). Prerequisite: Intellectual
Property.
ADVANCED
TOPICS IN INTERNATIONAL LAW: HUMANITARIAN LAW/LAW OF WAR (2 credits)
INTL-410
Using current international armed conflicts as case-studies, this seminar will
focus on two aspects of the laws of war: laws concerning justifications for
going to war (jus ad bellum), and laws concerning practices while engaged
in war (jus in bello).
In the first half of the seminar, students will be introduced to sources, subjects and scope of international law as a foundation for an understanding of the law relating to the use of force by states. We will then examine the evolution and content of jus ad bellum as evidenced by customary law, treaty law, and the United Nations Charter. The legal basis of the increasing number of regional and UN peacekeeping forces and the concepts of peacekeeping, peace-building and peace-making will be examined.
In the second half of the seminar, history, sources and rules of jus in bello will be explored. Topics include: target restraints, prohibited practices and weapons, treatment of prisoners and civilians, war crimes, and incorporation of international law of armed conflict into national law.
ADVANCED TOPICS IN INTERNATIONAL
LAW: Developments in Human Rights & Int'l Criminal Law (2 credits)
INTL-410
This seminar will look at some of the most important developments in international
law today. Topics that will be covered include: the use of international law
in US courts; the application of the laws of armed conflict to the war against
terrorism; the relationship between international human rights law and international
criminal law; the emerging jurisprudence of the International Criminal Court;
the use of hybrid tribunals and truth commissions to hold violators accountable;
and the most recent jurisprudence on genocide and crimes against humanity. A
substantial paper of at least 25 pages in length will be required. The last
few weeks of class will be devoted to presentations on individual paper topics.
ADVANCED
TOPICS IN POVERTY LAW (3 credits) POVL-410
This is a capstone course, designed to promote synthesis and reflection on issues
related to poverty and their relationship to the legal system. It also will
allow students to explore topics in greater depth. Students in this course will
undertake a directed writing project on a poverty law topic. Prerequisites:
Poverty Law.
ADVANCED
WRITING SEMINAR (2 credits) WRIT-300
This course is designed for law students who see the legal profession as a profession
of writers and who want to further develop their skills in effective persuasion
and in the use of an elegant, clear style. Students will learn a comprehensive
approach to style and editing, using Joseph William's' Style, and they will
apply that approach to a variety of legal writing tasks. They will also read
selected material on argumentation -- taken from classical rhetoric, current
argumentation theory, and narrative theory -- and apply that material to persuasion
in legal writing. Coursework will include exercises, revisions of existing legal
documents, revisions of your own legal writing, and a final writing project.
Prerequisite: Legal Writing II.
ADVERTISING LAW
(2 credits) INTP-350
This course examines the legal and regulatory frameworks and principles that
impact advertising and marketing in today's global, wired world. The course
provides an overview of traditional advertising principles, such as unfair competition
and false advertising, and provides an overview of the effect that Intellectual
Property and rights of publicity and personality have on advertising. The course
provides an overview of the Federal Trade Commission Act and examines the duties
and responsibilities of the Federal Trade Commission. The course further examines
and considers new and emerging issues, such as online privacy and unsolicited
commercial e-mail.
ADVISING PRIVATE
COMPANIES (3 credits) BUSN-360
This class will deal with some of the following topics:
The prerequisite is Business Entities. Class limit will be 24
ALASKA NATIVES AND ENVIRONMENTAL
LAW (4 credits) INDL-320
Part 1: Alaska Natives under Federal Indian Law (Sanders)
What special rights, powers and immunities do Alaska Natives hold? Is their
legal status different from Indian tribes in the lower 48? These questions will
be explored as students are introduced to Federal Indian Law concepts such as
tribal sovereignty, plenary federal power, immunities from state jurisdiction,
fishing and hunting rights and adjudicating the welfare of Indian children.
The Alaska Native Claims Settlement Act (ANSCA) will also be touched on in discussing
these concepts.
Part 2 Alaska Environmental Law (Burke)
Alaska is noted for its extraordinary beauty, and for being home to many unique
and unusual plants and animals. Large swaths of its land are owned by the federal
government, or are held by Native Alaskan tribes. This makes environmental law
in Alaska particularly interesting and important. This part of the class will
explore environmental issues with a uniquely Alaskan bent, from the environmental
impacts and laws concerning the drilling for oil in the arctic tundra (ANWR),
to preservation of unique salmon runs and endangered wildlife. The class will
begin with a discussion of the Alaskan environment and major issues concerning
that environment. The class will then have a review of important environmental
laws, paying particular attention to the environmental and natural resources
laws that have particular effect in Alaska, such as the National Environmental
Policy Act, the Endangered Species Act, and laws governing the use of federal
lands. The class will also examine aspects of Administrative Law, International
treaties that deal with resource use in Alaska, and laws governing Native Alaskans
and Native Alaskan lands that have an effect on environmental law in Alaska.
The class will end with a particular focus on the current issues of drilling
for oil in the Arctic Wildlife National Refuge, and the future of commercial
fishing in Alaska.
AMERICAN
LEGAL HISTORY (3 credits) JURS-330
This course is designed as an introduction to some of the important themes,
issues, and arguments in the history of American law and legal institutions.
The goal of this course is two-fold: (1) to give you substantive familiarity
with these themes and issues and (2) to prepare you to think critically about
the various ways in which lawyers, judges, legal academics, and historians mobilize
arguments about the history of American law. The course usually sweeps broadly,
covering the entire span of American history from the colonial era to the Rehnquist
Court and exploring topics ranging from constitutional law to tort law to legal
education. The course assumes no prior familiarity with legal history. The class
is structured as a large seminar or reading group, with substantial reading
and frequent short papers but no final exam or larger paper.
ANIMAL LAW (2 credits)
ANIM-300
This course will involve a number of topics under the general heading of Animal
Law and Animal Rights. Questions of property, torts, will and trusts, contracts,
administrative and constitutional law will be explored as these areas relate
to animals.
ANTITRUST LAW
(3 credits) ANTI-300
The United States relies on competition rather than government regulation or
private cartels to determine what goods are produced and how much is charged
for them in most sectors of the economy. This preference for free market rivalry
over centralized control is reflected in the federal (and state) antitrust laws:
monopolization, mergers, horizontal restraints and vertical restraints. The
main goal of the course is to learn and apply contemporary antitrust analysis,
which employs economics, precedent and public policy in an effort to develop
legal principles that advance consumer welfare.
APPELLATE ADVOCACY
(2 credits) ADVC-320
A course on the practical application of the Washington Rules of Appellate Procedure,
emphasizing brief writing and oral advocacy. Enrollment is limited. Students
will be asked to prepare and argue an appeal. Prerequisite: Legal Writing II.
ARTS LEGAL CLINIC
(1 credit) INTP-401 (Fall and Spring)
This course is a collaboration between the Law School and Washington Lawyers
for the Arts, a non-profit organization. Students in the clinic will work with
two experienced intellectual property attorneys who serve as adjunct faculty.
On the second and fourth Mondays of each month, students will participate with
the adjunct faculty in interviewing and advising artists and others seeking
legal assistance regarding intellectual property issues. On the remaining Monday(s)
of each month, the faculty will engage the students in a variety of lawyering
skills activities, including discussions of interviews from the prior week,
simulated skills exercises drawing on current developments in intellectual property
law, and activities devoted to ethics and professionalism. This course must
be taken pass/fail. This course does not fulfill the professional skills
requirement for graduation. Prerequisites: Intellectual Property and at
least one of the following: Copyright Law, Trademark Law, IP Licensing, or Business
Entities.
AVIATION LAW (3
credits) CIVL-310
This course provides students with a working understanding of the legal processes
surrounding the U.S. and international aviation law. Importantly, the course
reviews key topic areas that are covered on the bar exam, including torts (product
liability and negligence), civil procedure, evidence, damages, and conflicts
of law. In addition, in the aviation context, international law, maritime law,
and government liability are also reviewed.
The course begins with a review of the sources of international air law, and progresses to the present legal regime governed by the International Civil Aviation Organization (the United Nations of the air). The principles of national air sovereignty are analyzed, including the legal significance of the non-demarcated line where national airspace ends and outer space begins. There will be a brief review of the principals of space law.
The course takes a look through the lens of history at the 1929 Warsaw Convention, which to this day sets out the rules for international carriage of passengers and cargo. The focus will be on airline liability for international aircraft disasters, and will review case law interpreting the Convention, along with recent developments to waive liability limits.
Next, a study of U.S. aviation law will be undertaken, including a review of the Federal Aviation Regulations, and the role of the NTSB and FAA. Liability of various entities will be analyzed for both general aviation and air carrier accidents, including the recent Alaska Air Flight 261 disaster.
Finally, these multiple disciplines are brought together, and the interplay between them is exposed in a practical environment. Through exercises, the many legal considerations and competing interests surrounding aviation accidents will be analyzed.
BANKRUPTCY (3 credits)
BANK-300
The course considers the rights of debtors and creditors when debtors fail to
pay their obligations. Unless a bankruptcy petition has been filed, a creditor
has a number of remedies under state law for enforcing a debt. These remedies
involve proceeding against the debtor's property to sell the property and satisfy
a creditor's claim. The course examines such remedies and the relationships
among creditors, both secured and unsecured. Also treated are exemptions which
allow debtors to retain certain kinds of property from creditors' claims.
If a debtor is unable to pay its debts and a bankruptcy petition is filed, a debtor's rights and creditors' remedies are determined under the United States Bankruptcy Code. The course considers the rights of both parties under that code when the debtor is an individual and when the debtor is a business. When the debtor is an individual, he or she may seek to have his or her debts discharged, in which case the person's assets that may be claimed by creditors are collected by the debtor's trustee, the property is sold, and the creditors are paid from the proceeds. The course analyzes the nature of this process, including items of property that are exempt from creditors' claims and those obligations of the debtor that are exempt from being discharged. Also analyzed by the course are wage earner plans in which the debtor's future income is scheduled to repay the person's debts.
If the debtor is a business, the Code provides either for liquidation of the debtor's business with creditors paid the proceeds of the liquidation, or in the alternative, the debtor may seek to reorganize its debts by extending the period of payment and reducing the amounts to be paid. The course treats both of these alternatives, considering in each type of proceeding which obligations and transfers of property the trustee may set aside for the benefit of all creditors and the power of the trustee to prevent creditors from enforcing claims against the debtor outside the bankruptcy proceeding. Where there is a reorganization of a debtor's obligations, the course considers the issues surrounding the development, adoption and implementation of a reorganization plan.
The course is essential for students considering a practice involving the creation or enforcement of debt obligations. It is also very important for those in a general business or commercial practice because a lawyer in those practices needs to consider the consequences that will ensue if a debtor fails to pay.
BANKRUPTCY CLINIC
(1 credit) BANK-400 (Fall)
Students in this clinic will work with an experienced bankruptcy attorney supervisor
and will interview and represent two to three clients who are seeking relief
from their debts. Students must participate in a half-day orientation at the
bankruptcy court. This orientation is usually held on a Friday morning during
the first month of the semester. Students will also be required to attend Clinic
classes one day a week and to meet regularly with their attorney supervisor
at his or her office. Students will also have the opportunity to participate
in an evening debt clinic run by local practitioners. Questions about this clinic
should be addressed to Adjunct Professor Cynthia A. Kuno at ckuno@crockerkuno.com.
This course must be taken pass/fail. Prerequisite or co-requisite: Bankruptcy
Law.
BASIC REAL ESTATE
(3 credits) PROP-300
This course is an overview of basic legal issues arising from real estate transactions.
It covers formation, execution and enforcement of real estate contracts, land
sale financing and use of land in collateral among other topics.
BIOETHICS
AND THE LAW (2 credits) HLTH-300
This courses 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.
BIOTECHNOLOGY AND THE
LAW (2 credits) INTP-365-E
This course will provide an overview of the legal, business, and regulatory
issues faced by biotechnology companies as they evolve from a start-up company
to a well-established company. Along the way, we will focus on four major areas
of concern during this evolution: (1) transactional, financial, and technology
issues faced by start-up biotechnology companies; (2) how to establish robust
intellectual property protection and strategies used to realize value from these
key business assets; (3) issues related to company growth, as well as issues
related to enforcement of patents and defense against accusations of infringement;
and (4) issues related to bringing a product to market, such as government regulatory
and compliance issues required for product approval and product imports/exports.
No technical background is necessary. Prerequisite: Intellectual Property.
BUSINESS AND FINANCIAL
LITERACY (2 credits) BUSN-310
Business & Financial Literacy is designed for legal professionals to enhance
their financial knowledge and understanding. The curriculum is designed to provide
an introduction to traditional and modern investment vehicles, including equities,
fixed income, real estate, private equity, and hedge funds. Armed with this
information, participants will have the power to determine how best to enhance
and protect personal, professional and financial matters. The course provides
tools to help attorneys interact more easily and productively with accountants
and clients regarding finance issues. In addition, the course will incorporate
segments on ethics and professional conduct. Some of the seminar topics include:
the basics of investing; reviewing corporate financial statements and learning
what they can (and cannot) offer; describing the major market participants and
how they interact; pinpointing investor objectives and the economic, financial
and special market factors that shape and determine bond rates and stock market
fluctuations; identifying when a company has taken on too much debt and the
ratios that help quickly assess a business' health; how to conduct due diligence
on portfolio managers and brokers and understanding their professional duty;
and current issues regarding corporate governance and social venture investing.
BUSINESS ENTITIES
(4 credits) BUSN-300
This course begins with a brief discussion of business risk. It then deals with
agency principles and considers whether a business ought to be organized as
a corporation, partnership, or other entity (such as LLC or LLP). The course
next considers the formation process, capital structure, and limited liability
before moving on to cover questions of internal governance. If time permits,
we then consider questions particularly relevant to large, publicly held corporations
such as social responsibility, corporate accountability, and takeovers. This
course does not involve the application of the federal securities laws. The
topics are analyzed under common law principles, the Washington Business Corporation
Act and the General Corporation Law of the State of Delaware.
BUSINESS PLANNING
(3 credits) TAXL-315
The class in Business Planning combines advanced work in corporations, partnerships
and federal taxation in the context of business planning and counseling. The
course is based upon a series of problems involving common business transactions
which present corporate, partnership, and tax issues for analysis and resolution.
The problems cover such topics as selection of form of business organization;
formation of corporations and partnerships; sale and purchase of businesses,
mergers, other forms of acquisition and recapitalization, division and dissolution
of corporations and partnerships. Prerequisites: Business Entities and Corporate
and Partnership Tax.
CAPITAL
APPEALS CLINIC
In this course, students will work on appellate briefs in capital cases from
the state of Louisiana. Through their work, students will gain experience with
legal writing and research while also taking part in designing strategy for
cases raising cutting-edge issues regarding the death penalty, race, and the
criminal justice system. The course will include a seminar component which will
meet once a week. Students will be expected to meet regularly (outside of class
time) with their faculty supervisor to discuss their casework. Prerequisite:
Legal Writing II; Corequisite: Capital Punishment Seminar.
CAPITAL
PUNISHMENT SEMINAR (formerly DEATH PENALTY) (3 credits) CRIM-360
This course is divided into substantive and procedural aspects of death penalty
law. The substantive inquiry focuses on constitutional and statutory prerequisites
to seeking and obtaining the death penalty-since there are constitutional and
statutory limitations on the types of crimes, the necessary mental state, and
the permissible "aggravating factors" that allow a prosecutor to seek
and obtain a sentence of death. The procedural inquiry focuses on those points
of criminal procedure that are different in death penalty cases, or particularly
important in death penalty cases, such as the procedures necessary to charge
the death penalty; the nature of jury selection where "death qualification"
is an issue; the fora in which a capital conviction and death sentence can be
challenged, including an overview of the claims available on direct appeal,
in state post-conviction and on federal habeas.
CHILD, FAMILY
& STATE (3 credits) FAML-305
This course will examine the law as it relates to children, beginning with an
examination of the conflict between parents and the government in maintaining
authority over children. The course will consider the degree to which the law
treats children as autonomous rights-bearing individuals and the degree to which
it sees children as dependent objects of state and parental control. To that
end, we will look at the law's response to issues of child abuse and neglect,
the questions presented by children's need for medical treatment and the existence
of special legal rules governing children's activities such as child labor laws,
truancy laws, drinking laws, etc. The course will also examine the juvenile
court as an institution, to deal with juvenile status offenses as well as juvenile
criminal offenses.
CIVIL PROCEDURE (3 credits) CIVL-100
(Fall) CIVL-105 (Spring)
Pleading under the rules of civil procedure for U.S. District Courts and under
state rules. Discovery and other pretrial mechanisms; jurisdiction and venue;
summary judgment; parties and the dimensions of a dispute; aspects of trial
practice.
CIVIL RIGHTS LITIGATION (3 credits)
CNLW-410
Enforcement of our nation’s civil rights laws is largely dependent upon
the filing of cases and advocacy efforts by members of the private bar and non-profit
advocacy organizations. This course will provide an exposure to the types of
skills and experiences that are necessary to maintain such actions. This course
is designed for the future solo practitioner and attorney in a small firm. Areas
that will be covered include the importance of time management, creating and
maintaining accurate financial and time records, the power of leveraging resources
that are necessary to prepare a case for trial, the development of people skills,
and other topics that relate to the management of a law office that is engage
in long-term civil rights contingency fee litigation. In addition, the course
will focus on those Federal Rules of Civil Procedure that play a prominent role
in civil rights litigation. These rules will be discussed in the context of
preparing a litigation strategy that will advance the objective of the litigation.
A critical facet of such a litigation strategy will be the effective use of
injunctive relief. Accordingly, the seeking of temporary restraining orders,
and preliminary and permanent injunctive relief, along with procedures providing
for immediate appellate review of denials of such orders at the Circuit Court
and United States Supreme Court levels will be discussed. The course will discuss
all of these matters within the context of one or more substantive areas of
civil rights enforcement.
COMMUNITY
DEVELOPMENT AND ENTREPRENEURSHIP CLINIC (4 credits) BUSN-400 (Fall
and Winter)
Law students will be teamed with Management students from the Albers School
of Business to assist local residents with new and existing business ventures.
Clients will be referred to the Clinic by area microlenders. Interdisciplinary
student teams will work with law and business faculty and also volunteer mentors
from the legal and business communities. Students will need to be available
outside of class time for meetings with clients, partners, supervising faculty
and others involved in the projects. Class sessions will emphasize principles,
skills and values in forming a company from both business and legal perspectives,
and will provide an opportunity to pinpoint and discuss significant issues or
themes arising in the course of the client representation. The Clinic will run
10 weeks in the fall and 10 weeks in the winter, consistent with the University’s
(i.e., not the Law School’s) standard Academic Calendar. Prerequisite
or co-requisite: Business Entities
COMMUNITY PROPERTY
(2 credits) PROP-310
This course covers the relationship necessary for creation of community property,
classification of property as community or separate, management and control
of community assets, rights of creditors to reach community and separate property,
and disposition of property upon dissolution of the community.
COMPARATIVE LAW
(3 credits) INTL-350
An introduction to the comparative method from the perspective of a United States
lawyer, focusing on methodology, legal history and philosophy, rather than on
substantive matters. Starts with a survey of Comparative Law, its history, current
definition and scope, followed by practical uses of Comparative legal analysis
in United States courts. The more substantial part of the semester studies the
Civil Law tradition, the most common legal system in our world today. Naturally,
this course can only provide a general overview of the large number of Civil
Law nations. It starts with foreign legal education and the legal professions.
Then the Civil law system is placed in its proper context: historical roots
(principally classical Roman and medieval Canon law); structure of modern European
systems; approach to judicial review; and judicial organization. This
is not Trade Law. While comparative methodology is helpful and often
even essential for lawyers engaged in international business transactions, this
class is neither International Trade Law nor International Business Law. We
have wonderful courses elsewhere in our curriculum that cover those subjects.
COMPARATIVE
LAW: LATIN AMERICAN LEGAL SYSTEMS (3 credits) INTL-350
Latin American Legal Systems is designed for students educated in the Common
Law tradition and compares the Anglo-American Legal System with the more universal
Civil Law system, the legal regime operative in Latin America from Mexico to
Argentina and Chile. Though in recent decades there has been a convergence of
the two systems--the legal system of the United States has had a worldwide influence
in areas of Administrative, Criminal and Constitutional Law--there remain critical
differences between the two systems. After consideration of the paradigmatic
Civil Law nations of France and Germany, nations which have influenced the dominant
legal systems throughout the rest of the world, the course then turns to the
Civil Law tradition in Latin America with an emphasis on nations such as Argentina,
Brazil, and Mexico. Readings on the institutions and doctrines of the Civil
Law are complemented with materials on the most significant social, economic,
and political factors that shape the legal traditions within various civil law
countries, especially continental Europe and Latin America. After a brief introduction
to the practical applications of the comparative method as applied to domestic
problems and international transactions, the course will trace the historical
development of the Civil Law, including the influences of Roman Law and the
codification movement in Continental Europe, Japan, and Latin America. The course
will then examine the main institutions of the Civil Law tradition, focusing
primarily on the legal professions and the judicial process. Thereafter, selected
legal problems will be examined from various areas, such as torts, contracts,
constitutional law and environmental law, with comparisons to the legal system
of the United States throughout the course. Attention also may be given to particular
aspects of civil and criminal procedure in light of current reforms in the Civil
Law inquisitorial system of Criminal Justice in which Mexico and other nations
are adopting aspects of the accusatorial method used in Common Law nations.
While comparative methodology is helpful and often even essential for lawyers
engaged in international business transactions, this class is neither International
Trade Law nor International Business Law.
COMPARATIVE
LAW: THE MIDDLE EAST (2 credits) INTL-350
Examination of the history, structure and institutions of Islamic law, civil
law, common law and socialist legal systems in the Middle East. Although several
class meetings and individual research may examine substantive law, emphasis
is on study of legal systems and traditions. The primary focus will be major
contemporary challenges such as the tension between secular civil law and Islamic
tradition (with particular emphasis on Turkey, Iran and Saudi Arabia), the Israel-Palestine
conflict and institution building in Iraq.
COMPREHENSIVE
PRETRIAL ADVOCACY (4 credits) ADVC-300
Using a mock case as a context, students develop patterns of thought and hands-on
ability in interviewing, counseling, negotiation, oral advocacy, and drafting
of pleadings, discovery and motions. Problem solving, decision making, and the
professional role of the lawyer are emphasized. Alternatives to trial, such
as mediation, are discussed. The small size of the class (24 students) allows
a high level of student participation in discussion and role-play. Prerequisites:
Legal Writing II. Pre or co-requisite: Evidence.
COMPREHENSIVE
TRIAL ADVOCACY (4 credits) ADVC-305
Comprehensive Trial Advocacy is an advanced course taught in the context of
a mock civil or criminal case. Students use their pretrial skills to integrate
theory with trial practice. Students, by role playing and performing in class,
learn trial skills: voir dire, opening statement, trial motions, direct and
cross examination, closing argument, trial notebook, trial brief and jury instructions.
Organized in law firms, students prepare and participate in a one-day simulated
jury trial. Prerequisite: Comprehensive Pretrial Advocacy. Note: Students may
not receive credit for both Comprehensive Trial Advocacy and Trial Techniques.
COMPUTER CRIME &
PRIVACY (3 credits) CRIM-325
This three-credit course offers an in-depth introduction to and survey of the
legal issues presented by the advent of the Internet – issues that are
relevant to judges, legislators and legal practitioners, both criminal and civil.
A particular emphasis will be placed upon criminal, tortious and other anti-social
behavior on the Internet. The class will explore the tension that exists between
the competing values of individual privacy and the needs of a civilized society
to hold persons accountable for destructive, anti-social acts. The class will
begin with an introduction to basic technology of the Internet, how it works
and what information is available. Topics covered will include a survey of crimes
in cyberspace, including: computer hacking; threats and cyber-stalking; viruses,
worms and Trojan horses; online economic espionage and information warfare;
and intellectual property violations. Substantial attention will be paid to
evidence-gathering techniques in light of constitutional and statutory privacy
protections. Among the topics discussed will be the law of search and seizure
as it applies to computers and networks, privacy in the work-place, statutes
governing the gathering of electronic evidence from third party service providers,
and the laws governing electronic surveillance and other real-time evidence-gathering
techniques. No prerequisites are required, although students will be expected
to participate in a moderated online bulletin board or mail group.
CONFLICT OF LAWS (2
credits) CIVL-300
A concentration on the problems created for the practicing lawyer by the existence
of 51 or more law-making jurisdictions within the United States. The course
treats three major problems: (1) Choice of the applicable law, (2) recognition
and enforcement of foreign judgments, and (3) judicial (service) jurisdiction.
The course deals with the "conflict revolution" that has characterized
decisional law and scholarship in recent years.
CONSTITUTIONAL
LAW (4 credits) CNLW-200
This course must be taken Fall Semester, 2nd year. Generally, the course will
cover the powers of the Supreme Court (both constitutional and political), the
powers of the Congress, the powers of the President, and individual rights (due
process and equal protection).
CONSTITUTIONAL
LAW SEMINAR (2 credits) CNLW-405
This seminar involves student research and writing on selected topics in Constitutional
Law, and class critique of each student's work. Specific topics vary according
to student interest. Prerequisite: Constitutional Law.
CONSTITUTIONAL
LAW SEMINAR: The Rule of Law and Judicial Review (2 credits) CNLW-405-A
This seminar will focus on the role that judicial review should play in our
legal system. We will begin by examining the concept of the rule of law (as
contrasted to the rule of persons) and its relationship to the concept of constitutionalism.
We will then examine the practice of judicial review as it has evolved from
Marbury v. Madison to the present. Texts will include excerpts from
Hans Kelson's General Theory of the State, H. L. A. Hart's The Concept of Law,
Michael Oakeshott's The Rule of Law, and Friedrich Hayek's The Constitution
of Liberty. We will review the relevant debates contained in The Federalist
Papers (as well as the responses from the Anti-Federalists) and study perhaps
as many as ten key Supreme Court cases, beginning with Marbury v. Madison and
ending with a recently decided case. And, for the first time in my teaching
career, I will use a monograph I authored, entitled The Art of Judging. The
final exam will require you to assume the role of a Supreme Court Justice and
write a judicial opinion deciding the case.
CONSTITUTIONAL
LITIGATION (3 credits) CNLW-305
This course will explore the substantial body of law governing litigation for
deprivation of federal constitutional or statutory rights. We will focus on
the elements of claims and defenses available and remedies, including attorney's
fees. The course covers doctrines of complexity and sophistication (abstention,
absolute and qualified immunity, exhaustion or state remedies, state action,
etc.) in a context of substantial contemporary importance. We will begin with
some historical background of the Reconstruction-era statutes and their original
construction by the Supreme Court, but will principally focus on Supreme Court
opinions from the last thirty years. Some attention will also be given to the
practical meaning of liberty and property interests under the due process clause.
This course is generally offered every other year.
CONSTRUCTION LAW
(2 credits) PROP-320
This course is intended to provide a broad overview of basic concepts in construction
law. It is anticipated that the following topics will be covered: contract formation;
design professional liability; owner liability (interference, plan adequacy,
coordination of multiple primes); contractor liability (site inspection, job
site safety); construction changes & contractor claims (differing site conditions,
acceleration, lost productivity, delays, defects, cardinal change, change orders);
negligence and warranty claims; issues in subcontracts (paid-when-paid and conduit
clauses); time (notice to proceed, substantial completion, scheduling clause,
notice of claims); limitations of liability, disclaimers & indemnification;
termination; liens; statute of limitations & repose; damages (actual, liquidated,
mitigation, economic loss rule, quantum meruit, rescission); and, technology
& liability in design & construction. Emphasis will be placed on coverage
of the topics generally rather than on detailed analysis of any one area.
CONSUMER LAW (3
credits) COMM-310
Distinct from commercial law, a body of consumer law has developed with an aim
toward "protecting" consumers. This protection, which consists of
conferring upon consumers assorted rights and remedies that are not conferred
upon commercial entities, exists at every stage of the consumer transaction.
This course will examine the protections available to consumers at each stage
of the consumer transaction, beginning with formation, moving through the substance
of the deal, and concluding with remedies. The course will also examine whether
intervention on behalf of consumers is warranted, and whether the intervention
should consist of regulating the transaction itself, regulating the parties,
or regulating the subject matter of the transaction. Particular attention will
be given to credit transactions.
This course will be helpful to anyone planning to engage in solo or small firm practice, as well as for those concentrating more specifically in commercial/business law.
CONTRACTS (3 credits)
CONT-100 (Fall) CONT-105 (Spring)
Enforceable agreements, including requirements for the formation of a contract;
problems of interpretation; consideration and its equivalents; damages for breach;
the statue of frauds; illegality; rights and liabilities of third parties; delegation
of contractual duties.
COPYRIGHT LAW
(2 credits) INTP-320
An introduction to the major concepts of past and present U.S. and international
copyright laws, moving to a more advanced analysis of specific copyright issues
in the global entertainment, software, on-line arts, and media industries. Prerequisite:
Intellectual Property.
CORPORATE
ACQUISITIONS (3 credits) BUSN-305
This course will begin with a brief overview of the financial techniques used
by lawyers, investment bankers, and corporations to evaluate proposed acquisitions
of capital assets. We will then consider the possible motivations for such acquisitions.
No math is involved and no economics beyond the introductory college level course.
The remainder of the course is a consideration of the legal (but non-tax) issues
concerning corporate acquisition transactions in both friendly and hostile settings.
Some of the doctrinal issues under state corporate law such as the equivalency
problem (de facto mergers) and sale of control by a controlling shareholder
will be familiar from the Business Entities course. Our consideration of those
issues here will be more intense and better informed than in the basic course.
Finally, we will examine the federal regulations governing tender offers and
proxy contests. Throughout the course a recurrent emphasis is on the lawyer
as planner and counselor rather than the lawyer as adversarial advocate. Prerequisite:
Business Entities.
CORPORATE
AND PARTNERSHIP TAX (4 credits) TAXL-305
The course will compare federal income tax consequences resulting from use of
the two primary forms of business entity - corporation vs. partnership. Consideration
will be given to formation, operation and liquidation of the entity, as well
as consequences to the owners - shareholders and partners. All students who
may be involved in general practice, business practice, or business litigation
should take this course. Prerequisite: Individual Income Tax. Business Entities
is recommended but not required.
CORPORATE FINANCE
(3 credits) BUSN-315
Examines typical methods of, and legal issues involving, raising capital for
companies, including venture capital, private placements of securities, public
offerings and debt and loan financing. The course will examine the reasons companies
engage in different types of corporate finance transactions, and will be an
in-depth look at requirements of state and federal securities law, including
exemptions from registration, registration with the SEC, and disclosure requirements.
Prerequisite: Business Entities.
CORPORATE
GOVERNANCE (3 credits) BUSN-340
Put simply, corporate governance refers to the myriad ways in which companies
are directed and controlled. This course will study corporate governance systems
in the United States (primarily), but will also survey corporate governance
structures abroad by way of comparison. We will study the legal and practical
systems for the exercise of power and control in the conduct of the business
of a corporation, including in particular the relationships among the shareholders,
the board of directors and its committees, the executive officers, and other
constituencies (including employees, communities, major customers and suppliers,
and "society"). As one author has noted: "If the companies in
which wealth is accumulated are poorly governed, if their resources are inefficiently
used, if their managements are inept or if the power of their management becomes
channeled in a way which conflicts with the company's interests, all stakeholders
and society suffer, not just the "owners" of the enterprise. It is
therefore important that within every company there are means of ensuring that
resources are used efficiently and in a manner that ensures the achievement
of the company's objectives and its ability to contribute to the common good."
The International Task Force on Corporate Governance of the International Capital
Markets Group, International Corporate Governance: Who Holds the Reigns ? 1
(1995). These questions are timeless ones, but they are also timely given the
current rash of disclosures of corporate malfeasance at companies such as Enron,
World-Com, and others. This course is recommended for those students pursuing
an interest in business and/or commercial law, as well as those students interested
in issues of corporate accountability more generally. Prerequisite: Business
Entities.
CORPORATE RESPONSIBILITY IN
HUMAN RIGHTS (2 credits) INTL-345
This course will address corporate responsibility in the area of international
human rights, as well as potential liability for violations thereof. The course
will review the history and purposes corporate regulation; the degree to which
a state can and should control corporate behavior generally; whether corporations
should be accountable to individuals for violations of rights, and if so, what
the standards should be; the developing standards for corporate behavior in
the arena of international human rights (including UN Norms for Business being
developed by the United Nations) and the degree to which they are binding; potential
legal liability for corporations in the area of international human rights,
with emphasis on litigation under the Alien Tort Statute; and other areas of
corporate accountability, such as self-regulation and shareholder actions. This
class would benefit any student who wishes to understand the role of corporate
responsibility in the area of international human rights, including those who
wish to advise corporations on their potential human rights obligations and
liability.
CORPORATIONS
AND PUBLIC POLICY (2 credits) BUSN-350
This seminar will examine the constituencies of a corporation and provide an
overview of issues that corporations face in the public policy arena. Topics
for review will include (1) corporate constituencies, (2) institutional shareholders
and corporate governance, (3) dealing with the investing community, (4) criminalization
of corporate conduct, (5) ethics and compliance programs, (6) compensation and
indemnification of corporate officers, (7) political influence of corporations,
(8) corporate philanthropy, and (9) globalization of corporate activities. Other
topics may be suggested by current events. Prerequisite: Business Entities.
CRIMINAL LAW (4
credits) CRIM-100 (Summer or Fall only)
Substantive criminal law and elements of criminal responsibility. Topics include
law of homicide and other crimes; determination of guilt; principles of justification,
including the insanity defense.
CRIMINAL
PROCEDURE ADJUDICATIVE (3 credits) CRIM-300
This course will examine issues of criminal procedure relating to trial, as
opposed to investigation. Topics addressed include the prosecutor's decision
to charge; probable cause review prior to trial; probable cause hearings, grand
jury review, the formal charging document, venue and jurisdiction; the scope
of prosecution including lesser included defenses and double jeopardy; speedy
trial rights; discovery and disclosure of both prosecution and defense; the
law of guilty pleas and law and practice covering the various phases of a criminal
trial including voir dire, opening statement, presentation of evidence, motions
to dismiss and opening statement and closing arguments.
CRIMINAL
PROCEDURE INVESTIGATIVE (3 credits) CRIM-305
This course will examine issues of criminal procedure that arise under the United
States Constitution during the investigative phase of criminal cases: arrest,
stop and frisk, search and seizure, interrogatories and confessions, informants,
eavesdropping, and electronic surveillance.
DISABILITY LAW
(2 credits) DSBL-300
The law of disability discrimination is very broad and covers a myriad of substantive
legal areas, any of which could be studied separately in depth. This course
will provide an introduction to and survey of the relevant constitutional, statutory,
and case law applicable to people with disabilities in the areas of employment,
housing, telecommunications, transportation, public accommodation, fundamental
rights, and education. The course will provide students with an in-depth understanding
of the Americans With Disabilities Act (ADA); other federal statutes will also
be discussed, including the Individuals With Disabilities Education Act (IDEA),
the Rehabilitation Act of 1973, and the Fair Housing Act Amendments. Employment
Discrimination is recommended, but not required.
DISPUTE RESOLUTION
(3 credits) ALDR-300
This course explores the theory, issues, processes, and techniques of client
counseling, negotiation, arbitration, mediation, litigation, and other dispute
resolution processes. As an attorney, you will need to advise your clients about
these processes and recommend which meets the needs of each individual client
and dispute. About one-fourth of the course involves practical application of
skills such as role-plays, interviewing and advising clients, negotiations,
and mock mediations. This course is a prerequisite for Mediation.
DOMESTIC VIOLENCE
(2 credits) FAML-330
Lawyers encounter domestic violence issues in a variety of practice areas. This
course will provide an overview of the many ways in which intimate partner violence
and the law intersect. Through readings, small group and classroom discussions,
and guest speakers, we will examine the legal system’s response to domestic
violence including civil matters (such as family law, immigration law, protection
and other restraining orders, torts) and criminal matters (such as primary aggressor
and mandatory arrest policies, victim/defendant issues, particular challenges
of stalking and sexual assault cases). This course will also explore ethical
and social issues related to domestic violence and offer practical considerations
for any future practitioner.
DRAFTING LABS
(1 credit) DRFT-300
The drafting labs offer an introduction to drafting for law practice. They are
also good courses for those students who want additional experience applying
substantive law in a practical setting. During the first half of the semester,
students enrolled in the course meet once a week as a large group to learn basic
drafting skills. During the second half of the semester, students apply and
refine those skills by working in labs, under the supervision of a practicing
attorney. In the labs, students draft documents related to the subject matter
of their lab: e.g., students enrolled in the Business Law Drafting Lab will
meet with a business lawyer to draft documents relevant to business lawyering,
etc. This course must be taken pass/fail. Prerequisite or co-requisite: The
matching substantive course, e.g., Family Law for Family Law Drafting Lab, Trusts
and Estate for Trusts and Estates Drafting Lab.
DRAFTING LEGAL
DOCUMENTS (3 credit) WRIT-325
This course will help students develop the skills necessary to draft effective
legal documents. The course will focus on transactional as opposed to persuasive,
expository, or litigation documents. The paradigm document will be a commercial
real estate lease, although other documents (among them contracts, wills, and
statutes) will be considered. The course will cover the process of drafting
and the steps necessary to create effective (and perhaps even non-litigated)
documents. Topics will include definitions, large and small scale organization,
language choices, (including vocabulary and tone), and document design. There
will some exposure to other lawyering skills such as interviewing and negotiation.
There will be regular graded and ungraded assignments, and a final project.
There will be no final examination. The class may duplicate some of the experience
and materials in the Drafting Labs.
EDUCATION LAW
(2 credits) EDUL-300
This course is designed to provide students a broad overview of the legal issues,
rights, and duties associated with providing the American public an education.
The course will cover constitutional issues associated with students', teachers'
and administrators' respective rights to exercise freedom of speech and freedom
of association; religious freedom issues and the corresponding public school
funding issues associated with parochial schools; and discrimination and equal
protection issues that arise from actions and activities of both students and
teachers.
Additionally, the course will address state school funding requirements and the various types of public school finance systems. The study of school funding inherently leads to a consideration of the legal authority, rights and responsibilities of school boards and administrators, and certification and other employment issues associated with teachers. From the balancing of these interests, law students will gain an appreciation for the complexity of the American public school system and the economic, social, and legal pressures that define and redefine that system.
ELDER LAW (3 credits)
ELDL-300
As our population has aged, and the complexity of legal needs has grown, a new
area of practice has emerged--Elder Law. This course will examine the major
issues affecting the elderly: income and asset protection, financing health
care, long term care options, planning for incapacity, and elder abuse/exploitation.
We will also look at common ethical considerations and concerns in representing
older clients. We will take a practice-oriented approach, using hypotheticals,
role playing, and real case examples to examine how to best advise and represent
our elder clients.
ELECTRONIC
COMMERCE (3 credits) INTP-340
The objective of the course is to provide students with a basic understanding
of the environment, mechanics and legal framework of electronic commerce as
it exists today and is likely to develop in the early years of the twenty-first
century. The course will begin with a brief overview of the development of the
Internet aimed at understanding its present physical and institutional infrastructure.
It will then describe the commercial environment in which e-commerce takes place,
present an introductory account of the technologies on which e-commerce relies,
and review the mechanics of some standard business models and transactions as
well as the laws governing them. The course will consider the relationship between
the evolving domain name system and the law of trademarks, the tension between
contract and copyright in the emerging market for information goods, the patentability
of Internet business models, the developing privacy framework for e-commerce,
ISP liability, and the place of content regulation in a legal framework for
Internet commerce. The course will also review the current and emerging law
of electronic payment systems, including digital cash and smart cards, digital
signatures and certification authorities, electronic contracting, open EDI,
consumer protection, and on-line advertising and marketing. Because of the global
significance of electronic commerce, the rapidity with which it is developing,
and the consequent need for a comparative perspective or sense, the course will
use wherever possible foreign as well as domestic legal sources, working papers
from the United Nations, the European Union, the White House and other governmental
agencies, as well as the publications of industry and public policy groups at
home and abroad.
ELECTRONIC
DISCOVERY AND E-EVIDENCE (3 credits) EVID-370
Focusing on the emerging role of electronic data in the litigation process,
this course examines the legal and policy issues surrounding the impact of technology
and electronic evidence on modern discovery practices.
The objective of this course will be to expose students to the issues and problems faced by litigants in light of the continuing growth of electronic evidence and to provide practical approaches and real-world solutions. Prerequisite: Evidence.
EMPLOYMENT
DISCRIMINATION (3 credits) EMPL-315
This course covers legal prohibitions against employment discrimination based
on one's race, color, religion, sex, origin, age, mental or physical ability.
Sweeping changes have been made recently in the law of workplace discrimination.
A large percent of the Supreme Court's docket in recent terms consisted of employment
and labor cases. The world's first comprehensive declaration of equal treatment
for persons with disabilities, the Americans with Disabilities Act, added 43,000,000
Americans to the groups protected against job discrimination and is profoundly
impacting hiring and job assignment. There are differing opinions about what
it means to "discriminate" based on factors such as sex, age, and
race. The Civil Rights Act of 1991 triggers passionate response from proponents
and opponents, and now provides for compensatory and punitive damages. This
course addresses such issues arising from legislation forbidding employment
discrimination based on race, religion, national origin, sex, pregnancy, age,
and physical ability. The course is generally offered every spring.
EMPLOYMENT LAW
(3 credits) EMPL-300
This course covers the law of the workplace governed by contract and tort claims
and discharge statutes other than statutes prohibitive discrimination. Employment
Law covers such issues as:
ENTERTAINMENT
LAW (2 credits) INTP-325
This course will survey historical and current legal and business issues surrounding
the traditional and rapidly evolving entertainment industries, including the
music, motion picture, television, sports, publishing and on-line and other
electronic publishing industries. This integrative course will explore how diverse
legal doctrines interact and impact each of the entertainment industries, especially
issues of copyright, trademark, contract, First Amendment, privacy and personality
rights, labor law, immigration, agency, corporate, tax and government regulation.
Prerequisite: Intellectual Property.
ENVIRONMENTAL
ENFORCEMENT (2 credits) ENVL-395
Environmental laws would matter little if not enforced. This course will introduce
students to three formal mechanisms for enforcing environmental laws: administrative
proceedings, civil litigation, and criminal prosecution. Through the framework
of these three enforcement mechanisms, the course will focus on enforcement
of major federal pollution statutes to protect land, air, water, and public
health. Special topics in environmental enforcement will include federal facilities,
citizen suits, and transboundary pollution. Reading materials will include judicial
opinions as well as a variety of agency enforcement filings from cases concerning
the Northwest. Guest speakers will share insights into particular subjects,
such as criminal investigation, and provide diverse views, such as from state
agencies and defense counsel. One or more field trips may also be offered to
allow direct observation of the context, process, and results of environmental
enforcement. Completion of Administrative Law and Environmental Law Fundamentals
is recommended, but not required.
ENVIRONMENTAL
JUSTICE SEMINAR (2 credits) ENVL-380
This seminar explores issues of justice in the context of environmental law
and policy. It considers distributive justice in the allocation of environmental
benefits and burdens; exclusionary discrimination and cultural discrimination
in environmental standard setting and enforcement; participation by communities
of color and low-income communities and consultation with tribes in environmental
decision making; and other issues. It examines the role of law in remedying
the inequalities and deficiencies identified. Topics include claims based on
equal protection theories; Title VI of the Civil Rights Act of 1964; the federal
trust responsibility and treaties, in the case of tribes; executive commitments
to environmental justice; and various environmental laws. The class format will
be that of a seminar, focused heavily on class discussion of readings, video,
case studies, and guest lectures. In addition to participation, the course requirements
will be satisfied by a final paper or project. There are no prerequisites for
the course. However, background in Environmental Law is recommended; background
in Federal Indian Law, Administrative Law, and Civil Rights Law would also be
useful.
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 (3 credits) ENVL-375
This Growth Management Seminar will cover land use from sprawl to smart growth,
as addressed nationally but with a particular emphasis on Washington's Growth
Management Act. The course will begin with a discussion of
the problem of unregulated growth. It will then review the constitutional
limitations upon land use controls. Responses to sprawl around the nation
will be addressed and then the course will focus on the Washington State Growth
Management Act. The course will require regular class participation, a written
and oral presentation on an aspect of Growth Management, and review, comment
and attendance at a local government hearing on a Growth Management issue. There
will be no final exam. Pre-requisite is Constitutional Law. Administrative
Law, and Land Use Planning are recommended only.
ENVIRONMENTAL
LAW NEPA/SEPA/ESA (3 credits) ENVL-315
The Washington State Environmental Policy Act (SEPA) is the central concern
of this course, which comparatively considers the histories, statutory language,
administrative regulations, judicial interpretation, and practical operation
of SEPA with its federal counterpart, NEPA. The Endangered Species Act (ESA),
which is a blueprint for environmental study with mandatory outcomes, is also
extensively studied and contrasted with NEPA and SEPA. In addition to comparative
study of federal and state legislation that ordains environmental protection
through research of the impacts and effects of development, the course also
considers the evolution of competing ideologies relevant to environmental quality
and ecological orientation, common law doctrines with environmental protection
purposes, and selected environmental regulatory legislation. Prerequisite or
co-requisite: Administrative Law. Environmental Law Fundamentals is
strongly recommended, but not required.
ESTATE PLANNING
(3 credits) ESTA-305
The Estate Planning course is intended to be the capstone of the estate planning
area, which includes Trusts and Estates, Gift and Estate Tax, Pensions, and
Community Property among others. The course will explore planning problems for
small, medium and large estates. There will be significant emphasis on choices
of technique, form of ownership, taxable and non-taxable arrangements, married
and unmarried individuals, and drafting. The drafting of documents and general
estate planning problem solving will play a large role in the grade for this
class. There may be either a final examination or a final drafting project.
Prerequisite: Trusts and Estates; Pre or co-requisite: Gift and Estate Tax.
ETHICS,
LAW & CATHOLIC SOCIAL THOUGHT (2 credits) JURS-405
Ethics in legal education is often examined from the minimalist perspective
that ethics is about following rules, and law is often treated in law schools
from a purely positivist perspective. (In Austin’s famous formulation
of legal positivism, law consists in nothing more than “commands backed
by force.”) This course examines the nature of the law and of ethical
action from a different and less minimalist perspective. Drawing on such classic
texts as Plato’s Gorgias and Aquinas’s Treatise on Law, as well
as modern texts, the course begins by raising basic philosophical questions
about the nature of law and justice. It then examines the contribution of Catholic
social thought to views on law, the nature of the human person, and ethics which
will involve explorations of such notions as the common good, solidarity, subsidiarity,
and the intrinsic dignity of human beings. The course does not presuppose a
background in philosophy. It does presuppose a willingness to grapple with philosophical
and faith-related questions. The format for the course is that of a graduate
seminar. Students will read selected materials, participate in class discussion,
and write several short and medium-length papers.
EXTERNSHIPS
Externships are handled through the Externship Program. Externships refer to
law-related placements outside the law school, where students do legal work
for an agency or court and earn academic credit. Externships are offered as
an educational opportunity in which the student is closely mentored by an on-site
supervising attorney or judge and also has an opportunity for reflection and
discussion with the faculty supervisor in a seminar format. All externships
are coordinated through the Externship Program. For more information, please
contact Danielle Armstrong at (206) 398-4128 or armstrod@seattleu.edu
or Professor Susan McClellan at (206) 398-4010 or susanmcc@seattleu.edu.
See the Externship Program's Web site for information on the various externships.
EVIDENCE (4 credits)
EVID-200
The Evidence course examines the law governing proof in judicial proceedings
under both the Common Law and modern codifications, particularly the Federal
Rules of Evidence. Topics covered include relevancy; the hearsay rule and its
exceptions; rules relating to witnesses, writings, and other forms of evidence;
privileges; burdens of proof and presumptions; and judicial notice.
EVIDENCE LAB (1
credit) EVID-301
This course focuses on how practicing attorneys think about an area of substantive
law -- Evidence. Through a simulated civil case, students come to appreciate
how an awareness of substantive evidence affects attorney performance in every
stage of case development and preparation, from first interview through trial.
Using roleplays, students put witnesses on the stand, bring out testimony, and
argue a wide range of evidentiary objections ranging from relevance to hearsay
and privilege. This course begins five weeks after the semester begins, and
ends after seven weeks. This course must be taken pass/fail. Prerequisite or
co-requisite: Evidence.
FAMILY DISSOLUTION
AND RELATED ISSUES A (4 credits) FAML-315-A (Effective 07FS)
This course will focus primarily on the consequences when the family fractures.
We will examine views of marriage and divorce from a historical perspective
and then consider current views and laws relating to division of property, maintenance,
child support and child custody. We will investigate new trends in handling
family law cases, such as Unified Family Courts, family law facilitators, the
practice of collaborative law in this field and the use of mediation. Because
of the high incidences of family violence in dissolution cases, we will also
study about domestic violence. We will discuss the nature of practicing family
law, ethical issues relating to family law practice and the concept of providing
unbundled legal services. We will explore how couples can (and cannot) control
the way dissolution issues are resolved through pre-nuptial agreements. We will
compare state laws and procedures with religious laws governing marriage and
divorce and consider how these issues are considered in other parts of the world.
We will also learn how Native American tribes and tribal courts handle divorce.
One credit of this four credit course will be devoted to drafting family law
documents, including petitions, parenting plans, child support orders, modifications,
motions and declarations. While some of this drafting will involve simulated
cases, we will also draft documents for actual clients to use in their pro se
Petitions for Modification of Child Support. Over the course of the semester,
students will be expected to attend a variety of family law court dockets and
attend the Parenting Seminar that is required of all family law litigants with
children in King County. This course is the complement to the Family Formation/Recognition
course. The two courses may be taken concurrently or in any sequence. This course
should be helpful for those interested in practicing family law and is also
recommended for those seeking a survey family law course in preparation for
the bar exam.