in the U.S., foreign countries, and at the international level, including the balance between security and liberty policies in the U.S. Patriot Act, the use of military tribunals or civil courts, the use of assassination or targeted killings, and the emerging law on enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level. Prereq or Coreq: LAWS 78.
LAWS 080. I.T. Principles for Lawyers (1)
This course is designed to allow students to achieve an overview of information technology terms and concepts.
LAWS 082. International Business Organizations (3)
This course offers a combined classroom and field experience designed to help students understand why U.S. multinational corporations engage in transactions through offshore financial centers or “tax havens.” To this end, the course will provide an introduction to and address the tax and other policy implications of various international business structures and strategies including captive insurance arrangements, asset securitizations, hedge funds and offshore banking. The course will consist of four Friday afternoon sessions in the early part of the spring semester, followed by a week-long visit to the Cayman Islands during spring break, when students will meet and hear from academics, private-sector professionals and government officials based in the Cayman Islands.
LAWS 084. Capital Markets, Venture Capital, and Mgmt., Principles for Lawyers (1)
This course is designed as an introductory course for second- and third-year law students who want to understand the way in which businesses are managed and financed, the various roles that capital markets play in their development, and the methods for measuring business success. Intensive case studies will be used as a framework for looking at real world situations. The course will integrate guest lectures from visiting business leaders. CFOs will explain how they measure the success of their business and what financial information is required to do their job. Finally, a part of each class will evaluate real time business issues, applying the lessons learned from the case studies and modeling the expected outcomes. James Bildner, CWRU alumnus and CEO of Tier Technologies, will teach the course. Students will write a paper based on a case study. This course will count toward the nine-credit limit on non-law school courses. Prereq: LAWS 261.
LAWS 085. Intellectual Property Transactions (3)
Students will explore how companies develop business and legal strategies to protect their intellectual property assets through agreements with strategic business partners, content providers, vendors, and licensees. As part of the course, students will select a company name and protect it, draft and negotiate agreements, and hold a mock negotiation at the end of the semester. One prior course in patent, trademark, or copyright is required. Grade is based on a final examination.
LAWS 086. International Intellectual Property (3)
LAWS 089. Homeland Security/USCG Lab (3)
The DHS/USCG Lab will provide students with the opportunity to conduct research and prepare legal memoranda addressing issues submitted by the US Department of Homeland Security and the United States Coast Guard. Students will meet for lecture sessions that provide a background into the issues presented, including border security, Great Lakes laws, immigration, administrative law, and the environment. The student’s work product will be submitted to, and utilized by, DHS/USCG.
LAWS 090. Canon Law (2)
This course examines the legal system of the Roman Catholic Church. In addition to an historical overview of the science of canon law, lectures address specific canons of the Code of Canon Law and selected canonical issues. Subjects to be considered include marital law, ecclesiastical sanctions (i.e., criminal law) and procedures, trial procedures.
LAWS 092. International Criminal Law (2)
This course surveys selected issues and current problems involving the criminal aspects of international law and the international aspects of criminal law. The course begins with an introduction to the origins and purposes of international criminal law. We will then explore the contours of the duty to prosecute those who commit international crimes. Next, we will focus on application of domestic and international law to the question of jurisdiction over international criminal activities. This is followed by three units examining substantive international criminal law as contained in multilateral treaties concerning terrorism, war crimes and crimes against humanity. Next, we will explore the procedural aspects of international cooperation in criminal matters, with particular attention to extradition and problems associated with obtaining evidence from abroad. We will also analyze the reach of U.S. constitutional protections to U.S. investigative and law enforcement activities overseas. Finally, we will study the new Yugoslavia and Rwanda War Crimes Tribunals and the permanent International Criminal Court. The class will be seminar-format, with short writing assignments, weekly simulations, and role-play exercises designed to bring the materials to life. There will be no final exam.
LAWS 094. Jewish Law (2)
LAWS 095. City Law Externship (3 - 4)
This is an externship program in which students approved by the City attorneys will work at the City of Cleveland Law Department for 12 hours per week, with and under the direct supervision of Law Dept attorneys on civil cases, or under the supervision of the Cleveland City Prosecutor, on criminal cases. Students will research substantive and procedural legal issues, draft memoranda, analyze information obtained through discovery and through research, and assist with preparation of cases. Students with legal intern certificates may appear in court. Students will also attend periodic meetings in which they will review and reflect upon the work engaged in on the cases assigned, learn about other law department cases, and discuss various topics relating to the law department’s mission and jurisdiction. Topics in these discussions may include substantive law dealt with in the various sections of the law department, discovery and pre-trial practice, professionalism, negotiation and settlement. Students will interact with the law school faculty liaison through journals and periodic meetings to discuss and further reflect upon the externship experience. Students must be approved following a security clearance application. For more information about the City of Cleveland Law Department, students are encouraged to visit http://www.city.cleveland.oh.us/government/departments/law/lawind.html
LAWS 096. NAFTA and Bilateral Trading Agreements (1)
Since the World Trade Organization Doha Negotiations have stalled, countries increasingly look to bilateral and regional trading arrangements as a viable alternative to multilateral negotiations. This course is a four day, one credit course examining the legal and policy considerations with respect to bilateral and regional trading arrangements, using the Canada-U.S. FTA, NAFTA, U.S.-Chile FTA, Canada-Chile FTA, and various United States, Australian and Asian bilateral trading arrangements. The faculty will cover both the legal aspects considered in the negotiations and also the practical considerations of negotiators.
LAWS 099. Bar Preparation Course (1)
This skills course will begin with an overview of bar exam structures and requirements. Students will receive instruction in strategies and tactics for learning bar-tested material and presenting it effectively in bar-exam conditions. The course will include several practice exam opportunities as well as self-evaluation along with professor feedback. It will conclude with a preview-length exposure to a commercial bar-preparation course, which will include external evaluation of practice essays written that context. Students will complete a series of practice exams and essays; there will be no traditional final exam.
LAWS 100. Introduction to Lawyering (1)
This course is the first component of the CaseArc Integrated Lawyering Skills Program. It is an introduction and orientation to the study of law and lawyering skills. The course introduces students to issues of professionalism, interviewing skills, the trial and appellate processes as well as legal analysis, writing and argumentation. It also introduces students to skills for preparation and participation in the law school classroom and to comparative analysis of different legal systems. The course is required for all entering students and is scheduled each day of the week prior to the beginning of regular classes in the fall semester.
LAWS 103. Constitutional Law I (4)
The constitutional system of the United States; judicial function in constitutional cases; the division of powers between the nation and the states and within the national government; the powers of the president; national and state citizenship; and constitutional limitations on the powers of the states and nation for the protection of individual liberties. Required.
LAWS 104. Civil Procedure (4)
A broad survey of the procedural development of a lawsuit is undertaken, tracing the various steps from pleading and discovery to trials and judgments. Modern procedural issues involved in jurisdiction of the courts, venue, choice of law, and former adjudications are discussed. Throughout the course principal attention is given to the Federal Rules of Civil Procedure. Required.
LAWS 123. Contracts (4)
The formation of a contract; problems of offer and acceptance; consideration; the question of contract breach; damages and remedies for a breach. Required.
LAWS 131. Criminal Law (4)
A basic course in substantive criminal law, dealing with the standards to be used in defining and punishing criminal behavior. The course includes discussion of crimes and criminality; culpable mental states; causation; insanity; attempt and complicity; homicide; and rape. Required.
LAWS 132.Torts (4)
This course covers compensation of an injured party for harm resulting from intentional or unintentional acts and omissions of others. Consideration is given to the rules, rationale, and policy underlying tort liability. The course includes analysis of assault and battery, false imprisonment, negligence, standard of care, duty, risk, causation, liabilities and rights of landowners and land users, liability relating to dangerous activities and defective products, liabilities arising from special relationships or specially recognized legal interests, and defenses. Required.
LAWS 144. Property (4)
The nature of property interests; estates in land and future interests; concurrent ownership; landlord-tenant; transfer of property interests; easements, covenants, and equitable servitudes; nuisance; and zoning. Required.
LAWS 160. Dispute Resolution (2)
This course will examine the characteristic methods by which American courts resolve disputes, and will then compare those methods with those used by alternative institutions of dispute resolution such as administrative agencies, arbitration, and mediation negotiation. In resolving disputed issues of law, American courts are constrained by doctrines of precedent, stare decisis, and the principles of statutory interpretation, all of which will be treated in some depth in the course. Disputed issues of fact in American courts are commonly decided by juries consisting of ordinary citizens, and the course will explore a number of features of the jury as it impacts litigation in courts. The portion of the course devoted to alternative dispute resolution will involve some simulations and role-playing exercises. There will be a single examination at the end of the term which will be the primary basis for grading.
LAWS 200. Patent Litigation (1)
This course will simulate a patent infringement case. Students will be asked to represent a client, and in that capacity will identify issues, provide legal advice, and prepare papers and pleadings as necessary. In particular, students will be asked to conduct a limited number of the following simulations: draft a complaint and an answer to the complaint, including counterclaims; draft discovery documents; perform a mock Markman hearing; prepare witnesses, including expert witnesses; take and defend a deposition; or prepare pre-trial.
LAWS 201. Advanced Civil Procedure (4)
This course will pick up where the 1L Civil Procedure course leaves off, exploring in greater depth topics raised by the Federal Rules of Civil Procedure. Among the planned topics are the following: discovery (ranging from the practical, Pretrial Practice-type approach to a more conceptual, casebook-style approach); sanctions; multi-district litigation; finality (starting off from collateral estoppel/res judicata, through Rule 60, and including issues pertaining to the legislative revival of time-barred claims); appealability; class actions; injunctions.
LAWS 202. Constitutional Law II (3)
This course explores the individual freedoms protected by the First Amendment. Primary attention is devoted to the freedoms of speech, assembly, and association. The course analyzes what is protected, why it is protected, and to what degree it is protected. Topics covered include prior restraint, advocacy of unlawful conduct, the hostile audience, defamation, commercial speech, obscenity, offensive speech, expression on public property, and symbolic speech.
LAWS 207. Evidence (3)
This is a comprehensive course in the law of evidence as applied in civil and criminal cases. Subjects include relevance, direct and cross-examination, impeachment, character, expert and lay opinion testimony, and hearsay. A problem-oriented approach is used to highlight both the practical applications and theoretical underpinnings of rules of evidence. Students may not take both LAWS 207 and LAWS 212.
LAWS 210. Family Law (3)
This survey course covers law relating to the creation, functioning, and dissolution of the family as a legal unit. Topics include legitimacy, adoption, procreative rights, cohabitation, marriage, family obligations, division of marital property, divorce and annulment, and child custody. Particular attention is given to the social forces that affect the development of rules and policies.
LAWS 211. Federal Income Tax (4)
An introductory course in federal income taxation of the individual taxpayer, including a consideration of the nature of income, specific statutory exclusions, business and nonbusiness deductions, the treatment of capital gains and losses, and elementary tax accounting.
LAWS 212. Evidence (4)
A comprehensive course in the law of evidence as applied in civil and criminal cases. Subjects include relevance, hearsay, judicial notice, privileges, examination of witnesses, expert and lay opinion testimony, and real, demonstrative, and scientific evidence. This course deals with both the practical applications and theoretical underpinnings of the Federal Rules of Evidence and common law precedents. Students may not take both LAWS 207 and LAWS 212.
LAWS 214. Scientific Evidence in Criminal Litigation (2)
The legal issues associated with the use of scientific evidence at trial. It examines the admissibility of scientific evidence, expert testimony, and related issues. In addition, it considers specific techniques such as forensic pathology, fingerprint comparison, firearms identification, bite mark comparisons, questioned document examinations, and polygraph and DNA evidence testing. Outside experts are used to present many of the topics. May satisfy the writing requirement.
LAWS 216. International Tax (3)
This course examines the U.S. taxation of transactions undertaken by foreign individuals or entities in the U.S. as well as the U.S. taxation of transactions undertaken by U.S. individuals or entities abroad. Major topics that will be covered include determination of the source of income, the taxation of income derived from a U.S. trade or business, the withholding tax regime, taxation of various entities, controlled foreign corporations, the U.S. anti-deferral rules, the U.S. foreign tax credit, taxation of foreign currency transactions and the role of tax treaties. Recommended preparation: LAWS 072, LAWS 343, or permission of the instructor.
LAWS 217. Juvenile Law (2)
The role of the juvenile court in society: its jurisdiction, procedures, and dispositional alternatives. Students study both the quasi-criminal aspects of the juvenile court (jurisdiction over juvenile delinquents and status offenders) and the civil-protective aspects of the court (termination of parental rights and the handling of neglected, dependent, and abused children). In addition, the rights afforded juveniles are compared with the rights afforded adults in comparable circumstances. Many related juvenile justice issues, such as the right of a minor female to have an abortion without parental notice and the constitutionality of capital punishment for juvenile offenders, are also examined.
LAWS 218. Advanced Family Law (2)
This is a simulation course in advanced family law. Students will conduct the preparation, strategy, and execution of a civil family law hearing in selected areas, e.g., domestic violence. The student will study a major statute (e.g., Domestic Violence Statute, Ohio Code Section 3113.31), and simultaneously master the techniques of hearing, including opening statement, direct examination, cross examination, closing argument, and learn the use of evidentiary objections and the handling of documents at trial. The choice of topic may change from year to year. Prereq: LAWS 63 or LAWS 210.
LAWS 219. Workers’ Compensation (2)
Workers¿ Compensation law and theory continue to evolve through statutory change and judicial decisions. The statutes deal with benefits for work-connected injury and disability. Course material is national in scope with an emphasis on corresponding Ohio cases. The course also touches on related areas of law, such as torts.
LAWS 220. Civil Law and Psychiatry (2)
The interaction between law and psychiatry in the rights of persons with mental disabilities in the community and in treatment settings. Topics include involuntary commitment, suicide, guardianship, psychiatric malpractice, psychic damages, special education, confidentiality and child abuse and custody. Students will test the analysis of legal issues against actual experience (videotaped interviews, visit to a state mental hospital). The course is jointly taught by a psychiatrist and an attorney specializing in mental health law.
LAWS 222. Health Care Professions (2)
Class is intended for (and limited to) students interested in health law who do not have training or experience in a health care profession. Instructors and guest speakers will cover the history of medicine, the scientific method, clinical research, medical ethics, techniques for researching medical and scientific questions, medical training, and medical professionalism. Letter grades will be given based on regular attendance and participation, an oral presentation, and a paper. Prereq or Coreq: LAWS 227. The course is not open to bioethics Master’s degree candidates. (BETH)
LAWS 224. International Law (2)
An introduction to basic comparative, transnational, and international law disciplines. Using areas of substantive and procedural law familiar to first-year students, the course examines issues arising from cross-national activity. Students are exposed to choice of law, comparative law, international law, and international institutions.
LAWS 225. Criminal Law and Psychiatry (2)
The interaction between criminal law and psychiatry: psychiatric diagnosis and treatment, competence to stand trial, the insanity defense, malingered mental illness, infanticide, stalking, violence, sexual predator laws, and direct and cross-examination of mental health experts. Videotaped examples serve as a basis for discussion. A visit to the Justice Center Court Psychiatric Clinic is included. The course is taught jointly by a psychiatrist and an attorney specializing in mental health law.
LAWS 227. Health Law (3)
The course examines the nature and structure of the health care system; the relationship between patient, provider, and payer; private legal controls on health care delivery such as malpractice and informed consent law; and public controls in the form of government regulatory and payment programs. Offered as HSMC 427 and LAWS 227.
LAWS 229. Patent Law (2 - 3)
Basic concepts of patent law as property considered primarily in its substantive aspects, including the relationship to other forms of protection and intellectual property, infringement, and statutory requirements for patents.
LAWS 232. Wills, Trusts, and Future Interests (4)
A survey of the law of intestate and testate succession, will substitutes, private and charitable trusts, fiduciary administration, and future interests (including the Rule Against Perpetuities).
LAWS 234. Nonprofit Organizations (3)
Explores the rationales for the existence of the nonprofit sector and the allocation of certain functions to it. The focus is on the legal framework for the structure and operation of nonprofit organizations under state nonprofit corporation statutes and the policy and practice of preferred tax treatment for selected organizations and gifts to them under the Internal Revenue Code.
LAWS 235. Copyright Law (3)
Copyright law is the in-depth study of the legal doctrine and policy relating to the protection of one’s artistic, literary, musical, and computer-related expression. We will focus primarily on the 1976 Copyright Act and amendments thereto, such as the Digital Millennium Copyright Act of 1998.
LAWS 236. Natural Resources (3)
An introduction to the law of natural resources with emphasis on private rights rather than resources in the public domain. Major themes will include: how the common law deals with rights in another’s land; problems of common pool resources, their ownership and regulation; different legal treatment of renewable and nonrenewable resources; legal structures available for the exploitation of natural resources. Primary focus will be on water, oil, and gas, but the legal issues of other extractive industries will also be considered.
LAWS 238. Mergers and Acquisitions (3)
Topics include the corporate and securities law governing various forms of mergers and acquisitions; business motivations for mergers; concerns of acquiring and acquired companies in friendly mergers; bidders’ techniques and targets’ defenses in hostile tender offers and proxy contests; valuation of businesses and investments, portfolio theory, and capital markets; concerns of companies and investors in negotiating corporate financing. Prereq: LAWS 261.
LAWS 243. Food And Drug Law (2)
This course examines the federal Food, Drug and Cosmetic Act. It will entail a detailed look at the law, policy statements, and literature related to approving new drugs and devices. The course covers such topics as human subjects research; product labeling and testing; OTC vs. prescription status; compassionate use exceptions; control of biotechnology techniques; differences between food, drugs and devices; and FDA enforcement. We will also explore how law and the legal system anticipate and also respond to changes in technology in ways that may enhance or inhibit the development of new technologies and new applications of old technologies. Attendance at classes is mandatory. Grade is based on final exam.
LAWS 244. Poverty, Social Inequality, and the Law (3)
An overview of the way the law impacts on disadvantaged people, and the law that supports advocacy on their behalf. Students will learn about legal problems that are common to poor people and identify potential solutions. The course will analyze the effectiveness of various legal interventions such as administrative advocacy, and litigation (including individual and class representation) in various contexts. Past and current means of using and changing the law on behalf of low-income people will be studied. Students will analyze the responsibilities of lawyers to represent low-income clients. Many of the concepts will be taught through the use of case studies; a client interview will be conducted, and court observation is required. Grade is based on oral case study presentation, written assignments, and class participation.
LAWS 245. Complex Litigation (2)
Analysis of key issues typically encountered in complex civil litigation including substantive implications of seemingly procedural choices. Class actions, multidistrict litigation, joinder and consolidation. Exploration of practical and ethical issues encountered in complex civil litigation.
LAWS 246. Advanced Contracts (3)
We will examine the methodology of law and economics and of deontological approaches to contracts, legal realism, the methodology of default rules, gap filling and incomplete contracts, adjustment of long-terms contracts, employment contracts and the employment at will doctrine, promissory estoppel, relational contracts, incorporation strategies in the U.C.C. and the new formalism in Contracts.
LAWS 247. International Human Rights (3)
This course will cover a variety of issues in the area of international human rights. Issues covered will include the law of treaties and treaty interpretation; international organizations’ and non-governmental organizations’ roles in protecting human rights; the rights of women and minorities; critiques of the idea of “universal” human rights; and the Alien Tort Claims Act. In addition to covering the procedure and substance of the international system for protection of human rights, we will also discuss human rights under various domestic legal systems from a comparative perspective. Grade is based on the final exam, class participation and possibly a group project.
LAWS 248. Criminal Procedure II (2)
The adjudicatory stage of the criminal process. Pretrial release, preliminary hearings, grand jury practice, speedy and public trial, discovery, right to jury trial, guilty pleas, right to counsel, and double jeopardy are examined. Prereq: LAWS 327.
LAWS 251. Employment Law (3)
This course examines employer-employee relations in non-union settings. Topics include wrongful discharge, occupational safety and health regulation, minimum wage, and workplace privacy issues. The course emphasizes written work, including advanced legal research training. Minimal overlap with Labor Law (LAWS 359) and Discrimination in Employment (LAWS 328).
LAWS 253. European Union Law (2 - 3)
After a brief introduction to the institutions and organs of the European Community, the legal aspects of the internal operations of the Community will be discussed. Special emphasis will be placed on the external impact of Community law, for example, its trading rules, company law, and business competition law, as well as its rules governing the free movement of goods, services, capital, and persons. The concept of European citizenship will also be dealt with.
LAWS 257. U.S. Legal Writing for Foreign Law Graduates (3)
This course is designed to teach English compositional skills and grammar for legal studies. With an English-as-a-second-language focus, this course will seek to teach students the various steps of the writing process, English grammar, and certain aspects of legal composition. The main goal of this course is to enable students to write clearly and correctly within U.S. legal studies and the U.S. legal work place. The course will meet twice a week for one hour. Students will be required to take this course based on a written exam administered at the beginning of the semester. Students must receive a grade of at least a C to pass out of the course.
LAWS 261. Business Associations (5)
This course is an introduction to the law of business associations, including general and limited partnerships, limited liability companies, and corporations. The functions and relationships of enterprise participants, primarily promoters, equity owners, creditors, and managers are investigated. The course covers pre-organizational problems and then canvasses the roles of ownership and management, with emphasis on the special duties (fiduciary and other) imposed on certain participants in publicly and closely-held entities. The regulation of securities fraud, proxy voting and solicitations, and the issuance of securities under the federal securities laws is explored. Fundamental concepts of business financing, including valuation of the concern and claim structure, are investigated. Organic changes, including dissolutions, mergers, and tender offers, are discussed.
LAWS 263. Patent Prosecution (3)
This course will expose students to the issues and concepts of drafting a patent application. Topics include defining an invention, drafting a patent application, responding to Office Actions issued by the USPTO. Patent law is a prerequisite. Grade is based on three short papers and a multiple choice final.
LAWS 264. International Organizations (3)
Deals with legal issues surrounding some common characteristics of intergovernmental organizations having wide membership, with an emphasis on the United Nations systems. Many of the issues are constitutional or procedural; that is, they have to do with the powers of, and restrictions upon, the organizations or their members as set forth in the constituent instruments of the organizations or as developed in practice. Issues such as eligibility for membership and termination thereof, rights and obligations of members, dispute resolution, and legislative procedures will be addressed comparatively. The growth of international law through intergovernmental organizations is also addressed.
LAWS 266. Sales and Secured Financing (4)
A concentrated survey of the law relating to the sale and lease of goods and secured financing. (1) Sales. The primary focus will be on the law relating to the sale of goods in commercial setting, i.e., Article 2 of the Uniform Commercial Code. Some attention will be given to the United Nations Convention on the International Sale of Goods. Considerable attention will also be given to consumer sales issues, e.g., the Uniform Consumer Sales Practices Act and similar legislation. There will be some coverage of leasing of goods under Article 2A of the UCC. (2) Secured Financing. Personal property security interests under Article 9 of the UCC will be examined in considerable depth. Real property mortgages will not be covered. Not open to students who are taking or have taken Sales (LAWS 381) or Property Security (LAWS 377). Students taking this course are precluded from subsequently taking either of those courses.
LAWS 267. Products Liability (2)
Explores in depth the liability of manufacturers and sellers for physical injury to persons or property caused by defective products. The relevant law includes UCC warranty provisions, Restatement of Tort (Second) section 402A and other tort law, state “tort reform” statutes, and federal and state statutes regulating product safety, such as the FDA and the Consumer Product Safety Act. The course will also examine proposals to “reform” the law of products liability.
LAWS 268. Death Penalty Law and Process (2)
The course offers a review of the death penalty process, theory, and law from trial through execution, including examination of state laws and federal habeas corpus law. The course focuses on the legal principles implicated by the death penalty and also examines the social issues it raises including the social/legal arguments against the death penalty, race and gender issues, and the influence of political and other factors on the process. Recommended preparation: LAWS 327.
LAWS 273. Computers and Crime (1)
The course will cover both the new kinds of criminal activity made possible by computer technology and the use of computer technology to commit traditional crimes like embezzlement and terrorism. The class will examine Internet gambling and the distribution of child pornography on the Internet to illustrate issues that arise in connection with the use of computer technology in criminal activity. The class will also focus on procedural issues like jurisdiction and venue that become problematic in the context of computer crime. Limited to 20. Prereq: LAWS 131.
LAWS 274. Community Development Law (2)
An examination of the law of economic and land development in underserved and deteriorated areas. Legal issues related to business organization, financing, real estate development, governmental programs, and regulation and taxation (among other areas) will be covered. Topics include background of urban deterioration, governmental and private sources of assistance, organizing the developing entity, financing the project, governmental programs, tax policy and programs, land assemble, and administration of developments.
LAWS 276. Contemporary Issues in International and Comparative Law (1)
The objectives of the course will revolve around initiating students to the basic concepts and principles of comparative law reasoning and helping students make sense of the increasing dialogue between jurisdictions practicing constitutionalism in a global context with a focus on human rights issues. The coverage of the proposed course will select from the following themes depending on student interest and availability of materials: (a) Freedom of religion, secularism and culture; (b) Freedom of expression and hate propaganda; (c) Freedom of expression and sexual representation; (d) Equality and same sex unions; (e) Assisted suicide; (f) Death penalty; (g) Implementation of human rights in federal or quasi-federal politics; (h) Socio-economic rights; and/or (i) Cultural rights.
LAWS 277. Immigration Law (2)
The general principles of immigration law and procedure, including federal authority to regulate immigration, removal of aliens (deportation and exclusion), administrative and judicial review, fleeing persecution (refugees, asylees, and others), immigrant and nonimmigrant visas, and consular practice. The course will emphasize practical application of current immigration law.
LAWS 279. Advanced Real Estate Development: Shopping Centers (2)
The course takes the point of view of the attorney for a real estate developer with a strong emphasis on shopping center development, including apartment complex and office building developments, but provides insights useful to an attorney for the other side: a tenant, financial institution, or major department store. The approach is practical as well as academic; the course may be considered a capstone for students interested in real estate. Topics include negotiations and documentation; actual documents are used.
LAWS 283. Medical Malpractice (2)
The course will involve liability and quality of care issues in the health care field, with an emphasis on the liability of physicians, hospitals, and to a lesser extent insurers. Topics will include defining the standard of care, theories of liability, defenses to medical malpractice, tort reform, and quality control. Recommended preparation: LAWS 261.
LAWS 285. Courts, Public Policy, and Social Change (3)
Examines the social impact of law and use of social research in the legal process, assesses efforts to use law to effect social reform, and empirical studies of legal processes and institutions. Recommended preparation: Graduate standing or consent of department. Offered as LAWS 285 and POSC 429.
LAWS 289. Secured Transactions (2)
This course deals with Article 9 of the UCC and other legal and equitable rules relating to the use of personal property as security for debts. Topics covered include creation of a security interest (mortgage), rights and obligations of the debtor (mortgagor) and the secured party (mortgagee), priority of interests in the same property, redemption rights of the debtor, and foreclosure of a security interest by the mortgagee. May not be taken by students who have taken or are taking the 4-credit Sales and Secured Transactions course (LAWS 266). Students who have taken or are planning to take the 3-credit Sales (LAWS 381) course may enroll.
LAWS 293. Financial Principles for Lawyers (3)
This course provides an introduction to the use of financial economics that are frequently relevant in many areas of law. Topics to be covered include the time value of money, uncertainty, claim structure (including the characteristics of debt, equity, and hybrid securities, and the benefits and detriments of debt and equity financing), behavior of securities markets, and analysis of financial statements. Use of these concepts in specific areas of legal practice will be discussed.
LAWS 295. Law of Health Care Organization and Finance (2)
This course presents an overview of corporate health care law issues including: public and private reimbursement systems, fraud and abuse, physician self-referrals, corporate practice of medicine/fee splitting, certificate of need, tax-exempt status of health care providers, and antitrust and insurance regulation of health care providers. The course will examine the origins and public behind current corporate health care law and regulations and the issues they present for health care providers. Enrollment is limited to 25. Prereq: LAWS 227.
LAWS 296. Complex Federal Criminal Investigation and Prosecution (3)
The course will explore some of the practical, substantive, and ethical issues that arise in complex federal investigations and prosecutions. Students will read cases and articles concerning topics such as the use of electronic surveillance, plea bargaining, and contacts with persons represented by counsel. They will also discuss how the law limits or enhances the powers of federal prosecutors conducting criminal investigations and prosecutions. Grade will be based on class participation and a take-home examination. Prereq: LAWS 131 and LAWS 327.
LAWS 297. Immigration Law II (1)
The course is dedicated to the study of visas for visitors and aliens of extraordinary ability in the sciences, arts, or entertainment. Course materials will be drawn from Legomsky’s Immigration and Refugee Law and Policy, the Immigration and Nationality Act, and Title 8 (CFR). Students will be required to write a paper or prepare a visa petition. The course will likely be offered every other year. Prereq: LAWS 277.
LAWS 298. Health Care Transactions (2)
This course will examine a variety of typical transactions among health care providers and payors. Students will have the opportunity to understand the financial motivation behind these transactions and to identify the unique health care law issues presented by them. Students will learn to develop alternative methods for structuring transactions to minimize or avoid such issues. The types of transactions to be examined include: physician recruitment, physician practice acquisitions, physician practice management companies, joint ventures between hospitals and physicians, mergers and acquisitions of health care providers, and formation of integrated delivery networks. Enrollment is limited to 25. Recommended preparation: LAWS 295.
LAWS 299. Trademark Litigation (2)
This course will simulate a trademark infringement case. Students will be asked to represent a client, and in that capacity will identify issues, provide legal advice, and prepare papers and pleadings as necessary. In particular, students will be asked to conduct a limited number of the following simulations: draft a complaint and an answer to the complaint, including counterclaims; draft discovery documents; prepare witnesses, including expert witnesses; take and defend a deposition; or prepare pre-trial motions and exhibits. Trademark law is a prerequisite. Grade is based on the students work in these simulated settings.
LAWS 301. Administrative Law (3)
This course examines the legal and institutional framework within which agencies administer regulatory statutes, with emphasis on procedural and constitutional issues. Major themes include limiting arbitrary action, controlling agency discretion, and promoting governmental accountability. Examples and problems are drawn from a wide range of substantive areas, including business, communications, consumer protection, education, environmental, health and safety, intellectual property, labor and employment law, and real estate law.
LAWS 303. Admiralty Law (2)
The general principles of admiralty law including jurisdiction, practice, maritime liens, collisions, salvage, limitation of liability, and the rights of injured maritime workers.
LAWS 304. American Legal History (3)
This course surveys the American legal past from the Revolutionary era to the present. It examines the development of a distinct American legal culture by exploring the interrelationships among legal institutions, thought, practice, and education in various historical periods.
LAWS 306. Comparative Commercial Remedies (1)
This intensive mini-course covers a number of issues arising in the context of remedies in commercial litigation. We begin by discussing a number of difficult points in damages which typically are overlooked in the basic contracts and torts courses, such as: defining loss, consideration of claiming losses not immediately measured in year-end accounts, claiming loss of a chance of making a profit (or avoiding a loss), and rights to a Defendant’s profit that is resultant from a wrongdoing. Also, the course will consider other (non-damages) money claims arising out of commercial relations, some aspects of proprietary remedies, and protective remedies.
LAWS 307. Securities Regulation (3)
This course explores the policies and techniques of state and federal investor protection, with emphasis on the distribution of securities by issuers and their affiliates. After an analysis of express general anti-fraud remedies, the “security” concept, and the diverse philosophies underlying “value judgment” and “disclosure” approaches to regulation of business fund-raising practices, the course proceeds to a full consideration of the impact of the Federal Securities Act of 1933 on primary and secondary distributions. Concurrent as well as independent effects of state blue sky laws, typified by the Uniform Securities Act, are also treated. To round out the total pattern of investor protection in the distributional setting, the course includes limited excursions into the anti-fraud, periodic reporting, public information availability, and broker-dealer aspects of the Securities Exchange Act of 1934. Prereq: LAWS 261.
LAWS 308. Advanced Securities Regulation (3)
This course will expand on the disclosure and enforcement themes discussed in the Securities Regulation (LAWS 307) survey course to engage in an in-depth examination of selected real-world securities topics. The focus will be to deepen the student’s understanding of the SEC regulatory regime through consideration of current “hot topics” in securities law (such as executive compensation, 8-K disclosures, loss contingencies and Management’s Discussion & Analysis), by reviewing SEC pronouncements and working with actual or hypothetical disclosure and counseling situations.
In addition to analyzing rules, students will participate in drafting, analyzing and commenting on sample disclosure documents and client advice memos. The course is designed to further the student’s understanding of a corporate/securities law practice as well as deepen the student’s substantive knowledge in securities regulation law. Prereq: LAWS 307.
LAWS 309. Antitrust Law (3)
A study of the implementation of federal trade regulation statutes with emphasis on the interrelationship of these laws with the competitive tensions of the contemporary economy.
LAWS 311. Representing the Athlete (3)
The emphasis of this course will be placed various aspects involved in the providing legal services to professional athletes, including negotiation tactics and letter and contract drafting. The class will include several negotiation and drafting exercises as well as a simulated representative relationship between the student and the entertainer/athlete. In the context of a mock litigation/arbitration, students will also be required to draft legal briefs in support of the contractual positions taken during the contract drafting exercises.
LAWS 313. Business Planning (3)
Major events in the creation and development of a business are examined in light of partnership, corporate, and tax law problems. Students are presented with a series of hypothetical client-suggested transactions. Students seek the most appropriate means of attaining the business ends desired by the principals. From time to time, brief written memoranda covering issues raised by the problem scenarios may be required. Emphasis is placed on the interaction among partnership, corporate, tax, and securities concepts and doctrine. The significant business events that may be covered in the course include formation of a partnership; incorporation of a going concern; corporate distributions, recapitalizations, and repurchases of shares; sale of the corporate business; and corporate combination. Prereq: LAWS 211 and LAWS 261.
LAWS 315. Commercial Paper (3)
One of the basic courses in commercial law, dealing with the law of negotiable instruments and bank collections and deposits. These topics are considered primarily under the Uniform Commercial Code and, to some extent, recent federal banking and consumer credit legislation.
LAWS 319. American Indian Law (2)
An introduction to the body of law governing the relationship among Indian tribes and state and federal governments. Major themes include tribal sovereignty; the federal-tribal relationship; criminal, tax, and regulatory jurisdiction on reservations; and the rights of individual Indians. Does not fulfill writing requirement.
LAWS 320. Conflict of Laws (2)
Competing approaches to choice of law in cases having multi-state and/or multi-national contacts. The course also covers personal jurisdiction, constitutional and international limitations on choice of law, and enforcement of judgments. Comparative and international perspectives are integrated throughout. Students develop their own choice of law theory in a simulated restatement conference.
LAWS 323. Debtor-Creditor Law (3)
The creditor’s power to enforce its judgments through such judicial processes as attachment, execution, levy, garnishment, and creditors’ bills. The debtor’s power to resist creditors’ claims through statutory exemptions or federal bankruptcy discharge, or because the creditor has acted inappropriately or in bad faith. Also studied is the creditor’s power to set aside and avoid fraudulent transfers made by the debtor, a power which has generated much litigation in recent years. We also study the special rights of the federal government to enforce its claims, through the Federal Debt Collection Act of 1990, the Federal Priority Statute, and the Federal Tax Lien Statute. Finally, we survey collective creditors’ remedies under state law, including assignments for the benefit of creditors, creditors’ arrangements, and receiverships.
LAWS 324. Bankruptcy (3)
An introduction to bankruptcy law, with emphasis on the current Federal Bankruptcy Code. The course includes Chapter 7 (liquidation bankruptcy proceedings), Chapter 11 (business reorganizations), and Chapter 13 (simplified reorganizations for individuals and sole proprietorships). Also considered are various state law debtor-creditor remedies and the impact of bankruptcy on such remedies. Prior enrollment in the UCC and debtor-creditor courses may be helpful but is not mandatory.
LAWS 326. Banking Law & Regulation (3)
This course will provide an overview of basic U.S. Federal banking law in the context of evolving international standards. The course will begin by examining the roles played by banks in the world economy and why a specialized set of regulation is justified. The course will then examine each of the major U.S. Federal laws and international standards that govern banking activities against the background of the various regulatory theories discussed. Topics will include entry, expansion/merger, capital, reserves, investments, lending, interest, insolvency, non-banking financial activities, money laundering, and international activities. Close attention will be given to the role of supervision in both domestic and international contexts. Extensive use will be made of international and comparative materials.
LAWS 327. Criminal Procedure I (3)
The investigatory stage of the criminal process. Constitutional limitations on searches and seizures, interrogation practices, and pretrial identification procedures are examined. In addition, the exclusionary rule, the principal method for enforcing Fourth, Fifth, and Sixth Amendment rights, is considered.
LAWS 328. Discrimination in Employment (3)
This course will examine the federal laws concerning discrimination in the workplace. These include Title VII of the 1964 Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act. We will study the regulation of discrimination based on race, sex, religion, national origin, age, disability, and genetic status, including policy and ethical question and strategic considerations in prosecuting and defending employment-based civil rights actions.
LAWS 329. Master Classes in Health Law, Policy and Ethics (2)
Leading experts in the fields of health law, health policy, and bioethics will each teach one master class on a topic of their choice under the coordination of the instructor. The course will be open to graduate and professional students. The grade will be based on class participation and an examination.
LAWS 331. Environmental Law (3)
The course is designed to provide an overview of both the breadth and depth of environmental regulation in the United States and to consider ways our environmental regulatory system might be improved. Although all of the major environmental laws will be surveyed, several statutes will be examined in greater detail. Students will be expected to navigate select provisions of statutes and regulations through in-class problem sets. Guest speakers will also be invited to speak on topics of current interest.
LAWS 335. Remedies Seminar (3)
This seminar provides students with both a broad survey of the law of civil remedies and a chance to focus individual research on a particular area of interest within that broad survey. The law of remedies focuses on what happens after the merit of a case has been decided; how does the court provide redress to the successful litigant? This seminar examines concepts of corrective justice, the institutional incentives created by different types of remedies, and related policy issues. Topics include “private” remedies (tort, contract, etc.) , “public remedies,” such as civil rights actions in which plaintiffs seek broad injunctive relief, and specialized areas of public-policy concern such as punitive damages and remedies in class-action suits.
LAWS 337. National Security Law (3)
Provides a study of the separation of powers in national security matters, presidential war powers, congressional and presidential emergency powers, the domestic effect of international law, the use of military force in international relations, investigating national security threats, the Freedom of Information and Privacy Acts, access to national security information in the federal courts, and restraints on disclosing and publishing national security information. The course builds upon a strong foundation of constitutional law and addresses the fundamental tension that exists in our foreign and domestic affairs by virtue of the constitutional separation of powers between the respective branches of government. Several classroom hours will be spent dealing with constitutional war powers and how the executive and legislative branches have tried to define their respective measures of expressed and implied power with regard to the Vietnam War, the War Powers Resolution of 1973, and more recent US incursions such as the first Persian Gulf War and the most recent invasion of Iraq.
LAWS 340. Federal Courts (3)
This course explores the relationships between the federal courts, Congress, and state courts and governments. Topics include congressional control of federal jurisdiction, justiciability, federal court abstention, suits against state and federal governments and officials, habeas corpus, and federal injunctions on state proceedings.
LAWS 341. Estate Planning and Taxation (3)
This course covers the federal law of estate and gift taxation. Topics include the computation of the estate tax, the taxation of gifts, the assets included in the gross estate, deductions from the gross estate to compute the taxable estate, credits against the tax, the generation-skipping transfer tax, and estate planning ideas and techniques, such as the use of trusts. The income taxation of estates and trusts is also covered. Grade is based on class participation and a major written paper on a topic chosen by the student and approved in advance by the instructor. Prereq: LAWS 211 and LAWS 232.
LAWS 343. Federal Taxation of Partnerships and Partners (3)
This course will examine the basics of partnership taxation. The topics will include the tax consequences of capital contributions to and distributions from a partnership, the receipt of a partnership interest in exchange for services, the allocation of profits and losses among the partners, the computation of the adjusted basis of a partner’s interest, the sale or liquidation of a partner’s interest, and the liquidation and termination of the partnership. Prereq: LAWS 211.
LAWS 346 Insurance (3)
A comprehensive introduction to the regulation of the insurance industry and to the legal issues arising from relations between the parties to insurance contracts. The course examines statutory regulation of the industry by state and federal agencies and analyzes cases involving aggressive regulation by the judiciary as well. Insurance decisions on the cutting edge of developments in contract, tort, and agency law are studied. Students are required to study the policy forms most frequently encountered in practice: the automobile policy, the homeowner’s policy, and the life insurance policy. The course also provides exposure to problems relating to other areas of insurance including commercial general liability coverage, fire insurance, professional liability (malpractice) coverage, and health insurance.
LAWS 349. International Trade and Development (3)
The public international and United States law regulating international trade. (The private law of international trade and investment is dealt with in International Business Transactions, LAWS 354.) It includes the economic theory of international trade (although no exposure to a course in economics in secondary or undergraduate education is necessary) as well as a legal examination of issues regulating global and regional (e.g., the Canada-U.S. Free Trade Agreement, EEC) international trade. Primary emphasis is on the General Agreement of Tariffs and Trade (GATT) and the World Trade Organization (WTO) as well as such United States legislation implementing the GATT as antidumping and countervailing duties legislation and escape clause relief. The roles of trade and aid are also explored, as well as U.S. legislation affecting the transfer of resources to less developed countries.
LAWS 350. International Arbitration (2)
An advanced course covering the current status of arbitration as a dispute settlement mechanism in international affairs. This course will cover the use of arbitration as a means of resolving international disputes: a) between private parties; b) between private and governmental parties; and c) between governments. It will cover possible forums and rules of arbitral dispute resolution and the problems of the enforcement of foreign arbitral awards. Special aspects of dispute resolution in certain geographical and subject areas will be covered as will be the problem of sovereign immunity. Disputes arising from multinational business transactions will be focused on as will be maritime, environmental, and border disputes.
LAWS 351. Alternative Dispute Resolution (2)
Students will examine the processes of alternative dispute resolution (ADR) through reading materials, videotapes, guest lectures, and simulation exercises. Particular emphasis will be given to the interaction of lawyers and clients in business negotiations and in litigation. Negotiation, arbitration, mediation, the summary jury trial, and the mini-trial will be examined. The class will also cover impediments to ADR, such as lack of understanding or hostility on the part of clients or lawyers. Offered as LAWS 351 and LHRP 451.
LAWS 353. Philosophy of Law (3)
This is an examination of the general nature of law, the broad concerns of jurisprudence, the study of comparative law, and many of the issues raised in the literature of legal philosophy. Students will examine the principles of legal positivism, mitigated natural law, and rights theory. Selected readings and cases will illustrate these theories, which will also be examined in the context of rule selection by new governments in developing or revolutionary societies. The course also looks at the general nature of legal systems: how politics, morality, and individual views of justice and rights affect particular court cases and the course and development of law generally. Topics will include abortion, obscenity and sin, civil disobedience, affirmative action, surrogatehood, and the death penalty. This is unlike any other of the legal theory or jurisprudence courses, and those who have sampled legal theory elsewhere in a different form are welcome and encouraged to enroll. Recommended preparation: PHIL 101. Offered as LAWS 353, PHIL 335, and PHIL 435.
LAWS 354. International Business Transactions (3)
This course examines various types of international business activities from a transactional perspective. It focuses on international sales, international payments, and international licensing transactions and examines the different legal systems (state, federal, international) that may impact on these transactions. It also considers commercial aspects of the interpretation of cross-border contracts, dispute resolution concerning cross-border contracts, and the role of lawyers. Some basic issues relating to private international law/conflicts of law are also addressed. There is also some introductory coverage of international electronic commerce transactions and related legal issues.
LAWS 357. Sexual Orientation & the Law (3)
The course will address the development of legislation and case law dealing with LBGT rights in different practice areas including family law, estate planning, and employment law. Further, the course will deal with possible scenarios for future legislative and judicial activity.
LAWS 359. Labor Law (3)
The basic course in the area of union-management relations, designed both for students desiring to pursue the field further and for those whose interest lies in an introduction to legal principles in this area. The course begins with a brief historical study of the evolution of the labor movement and prestatutory law. It then considers federal regulation under the National Labor Relations Act of union organizational efforts, management-union interaction, and the representational process, then proceeds to the collective bargaining process. The collective bargaining process is examined in some depth with special emphasis on the scope and substance of the duty to bargain in good faith, the enforcement of collective bargaining agreements in courts and by arbitrators, and the legal regulation of industrial warfare, the strike and lockout.
LAWS 363. Land Use Control (3)
This course analyzes the public control of land use, primarily at the local and state levels. Both legal and policy perspectives are considered. Attention is given to constitutional limitations such as the takings doctrine, equal protection, and due process. Topics considered include zoning, subdivision controls, exclusionary regulations, and historic preservation.
LAWS 365. Legislation (2 - 3)
This course is a study of the legislative process and product. The class will examine theories of the legislative function; campaign and election regulation; the processes through which the legislature acts; and the drafting and interpreting of statutes.
LAWS 367-1. Commercialization and Intellectual Property Management (0)
This interdisciplinary course covers a variety of topics, including principles of intellectual property and intellectual property management, business strategies and modeling relevant to the creation of start-up companies and exploitation of IP rights as they relate to biomedical-related inventions. The goal of this two-semester course is to address issues relating to the commercialization of biomedical-related inventions by exposing law students, MBA students, and Ph.D. candidates (in genetics and proteomics) to the challenges and opportunities encountered when attempting to develop biomedical intellectual property from the point of early discovery to the clinic and market. Specifically, this course seeks to provide students with the ability to value a given technological advance or invention holistically, focusing on issues that extend beyond scientific efficacy and include patient and practitioner value propositions, legal and intellectual property protection, business modeling, potential market impacts, market competition, and ethical, social, and healthcare practitioner acceptance. The course will meet over two consecutive semesters--fall and spring--and is six credit hours (three credits each semester). During these two semesters, law students, MBA students, and Ph.D. candidates in genomics and proteomics will work in teams of five (two laws students, two MBA students and one Ph.D. candidate), focusing on issues of commercialization and IP management of biomedical-related inventions. The instructors will be drawn from the law school, business school, and technology-transfer office. To be eligible for this course, law students must also have a B.S or equivalent in the life sciences, such as biology, biochemistry, genomics, molecular biology, etc. Offered as LAWS 367, MGMT 467, and GENE 467. Prereq: LAWS 229 and LAWS 261.
LAWS 367-2. Commercialization and Intellectual Property Management (6)
This interdisciplinary course covers a variety of topics, including principles of intellectual property and intellectual property management, business strategies and modeling relevant to the creation of start-up companies and exploitation of IP rights as they relate to biomedical-related inventions. The goal of this two-semester course is to address issues relating to the commercialization of biomedical-related inventions by exposing law students, MBA students, and Ph.D. candidates(in genetics and proteomics) to the challenges and opportunities encountered when attempting to develop biomedical intellectual property from the point of early discovery to the clinic and market. Specifically, this course seeks to provide students with the ability to value a given technological advance or invention holistically, focusing on issues that extend beyond scientific efficacy and include patient and practitioner value propositions, legal and intellectual property protection, business modeling, potential market impacts, market competition, and ethical, social, and healthcare practitioner acceptance. The course will meet over two consecutive semesters--fall and spring--and is six credit hours (three credits each semester). During these two semesters, law students, MBA students, and Ph.D. candidates in genomics and proteomics will work in teams of five (two law students, two MBA students, and one Ph.D. candidate), focusing on issues of commercialization and IP management of biomedical-related inventions. The instructors will be drawn from the law school, business school, medical school, and technology-transfer office. To be eligible for this course, law students must also have a B.S. or equivalent in the life sciences, such as biology, biochemistry, genomics, molecular biology etc. Offered as MGMT 467, LAWS 367, GENE 467. Prereq: LAWS 229 and LAWS 261.
LAWS 368. Business of Baseball (3)
This course will bring the “business of baseball” to the students, and present them with an interactive “hypothetical” problem-solving dialogue with the instructor, which would deal with the most important issues facing major and minor league baseball today. Prereq: LAWS 261 and LAWS 391.
LAWS 370. Intellectual Property Survey (2)
This course is designed to provide students with an overview of several areas of law traditionally associated with intellectual property or IP, including copyright law, which pertains to the protection of literary, musical, and artistic creations and has issues replete with First Amendment implications; patent law and trade secret law, which focus on the protection of technological works ranging from chemical formulae, to software, to biotechnology; and trademark law, which relates to the goodwill associated with corporate identity and product recognition. We will also devote time to the study of the philosophy and economics of intellectual property keeping in mind, throughout the course, the need to strike an optimal balance between incentives to create and commercialize intellectual creations on the one hand and public access to these creations on the other hand.
LAWS 372. Current Topics in Health Law (2)
The course will cover 13 different current topics that students are likely to confront in the practice of health care law. Each topic will be presented by a leading practitioner in the field, who will provide appropriate reading materials. The presentations will be followed by student discussion led by a visiting faculty member. The grade will be based on class participation and an examination.
LAWS 373. Bioethics and Law (2)
This course will explore how the legal and policy systems reconcile competing values and interests in controversies surrounding the practice of medicine. Case law, legislation, administrative law, and institutional policies will be examined, as well as selected commentary from the legal, medical, and philosophical perspectives. Substantive topics will include end-of-life issues, informed consent, use of new reproductive technologies, and other timely subjects in bioethics.
LAWS 374. State and Local Government (3)
Examines the power of state and local governments. Among the topics considered are the purpose and role of local governments; the source and scope of local governmental power; state and federal constitutional restraints on local governmental activity; the distribution of powers between state government and local governments; and the various options by which state and local governments finance their activities.
LAWS 375. Professional Responsibility (3)
This course deals with questions underlying the responsibilities of the lawyer, as a professional, to self, society, client, and the profession. Premises concerning the lawyer’s role or roles within the context of the adversary system are examined in some detail, as is the idea of professionalism. The Model Code of Professional Responsibility and the Model Rules of Professional Conduct are analyzed as generalized statements of the aspirations and obligations of lawyers, and as applied to concrete problems. Required.
LAWS 381. Sales (3)
One of the basic courses in commercial law. It serves equally as an introduction to the general organization, structure, and appropriate application of the Uniform Commercial Code. Primarily we study the law of Sale of Goods under Article 2 of the U.C.C. Necessarily this includes a study of products liability law, which is explored under both sales warranty and strict tort liability theories. The interrelationship between these competing theories of products liability law are also investigated. Other specific topics studied are the legal rules applicable to 1) the formation of sale contract, including the battle of the forms, statute of frauds, and parol evidence rule, 2) performance of and excuse of performance from the sales contract, 3) title warranties and title transfers, and 4) remedies for breach of the sales contract. Students may not take both LAWS 381 and LAWS 266 (Sales and Secured Financing).
LAWS 383. Bioethics and Law (3)
Students will be introduced to the basic principles of bioethics and health care law, and to the ways in which these principles apply to specific problems arising in clinical and policy settings. Readings and class discussion will first examine the philosophical framework and the basic moral theories relevant to modern bioethics. After the survey, bioethical issues in the following broad topics may be covered: defining life, including human reproduction, surrogacy and fetal-maternal conflict; euthanasia and the prolonging of life including the right-to-die, medical futility, and advance directives; termination of treatment for children; genetic screening; hospital ethics committees; access to care and the politics of health care in the 90s; and ethics in the business of medicine. Readings will consist of legal cases and documents, statutes, regulations and articles from the academic and the lay press. Grade is primarily based on an exam. Both an oral class presentation and a short paper are optional to supplement the grade, but not to replace the exam. Attendance and class participation are also considered for grading purposes.
LAWS 385. Real Estate Transactions and Finance (2 - 3)
Covers basic real estate transactions as well as issues involved in complex finance and development. Topics include: brokers, land contracts of sale, deeds and title covenants, the recording system, title insurance, mortgages, shopping center development, cooperatives and condominiums, ground lease financing, construction lending, distressed properties, selected federal income tax issues, and the real estate attorney’s professional responsibilities. Whenever possible, issues will be examined in the context of model transactions.
LAWS 386. Advanced Evidence (3)
This seminar is designed to cover specific issues in evidence, e.g., privilege, toxic torts, computer-generated evidence, expert testimony, syndrome evidence, and profile evidence. A paper and presentation are required. The paper may satisfy the writing requirement.
LAWS 388. International Real Estate Transactions (2)
The course will explore selected topics involved in international real estate transactions, from the perspective of an American counsel representing an American entity doing business abroad. Topics may include structuring, transactional goals, due diligence, letters of intent and documentation, deal implementation, title protection, and others. The course will use traditional learning techniques as well as case studies and simulations, with a major focus on letters of intent/documentation. Students will be graded based on class participation and presentations, written assignments, and a final paper/take home exam. Recommended preparation: LAWS 385 (may be taken concurrently).
LAWS 389. Corporate Real Estate Transactions (2)
Real estate is typically the largest single category of capital investment and the second largest category of repeat expense (after total personnel costs) for most businesses. Major industrial and service sector companies are increasingly focused on the opportunities and challenges inherent in the real estate portfolios that support their core operations. This course will highlight the strategic case for effective corporate real estate management and the role of inside and outside legal counsel in the commercial real estate context. The course will consider advanced transactional situations, including purchase and sale of commercial properties, leasing of business properties, and complex industrial facilities. The course’s emphasis on case studies and commercial transaction scenarios are also designed to act as a capstone course that complements and draws upon the students’ prior coursework in contracts, real estate and commercial transactions, ethics and government regulation. Three parallel case studies will run throughout the course, illustrating the application of each topic to different types of client organizations: a Fortune 500 industrial company, a small family-owned retail business, and a medium-sized not-for-profit organization with several sites. Each client organization will have mock client representatives who will have different business and style preferences, which the class will need to accommodate and will come to anticipate in fashioning and recommending solutions for each client. The final exam will build from these same client scenarios, offering the class participants an opportunity to apply their learning to make recommendations to each client with respect to specific situations and goals.
LAWS 390. Topics in Advanced Labor Law (2)
Covers relations between employers, employees, and unions not covered in the basic Labor Law Course (LAWS 359). Among topics included are hot cargo agreements, obligations of successor employers, duty to fair representation, union security, federal preemption of state labor legislation, internal union affairs, and labor law reform. Prereq: LAWS 359.
LAWS 391. Sports Law (3)
Sports and Entertainment Law is the study of legal issues and problems relating to the music, television, and sports industries. This course focuses on the applicability of various legal doctrines to these industries, such as intellectual property law, labor law, and contract law. Also, emphasis will be placed on negotiation tactics and letter and contract drafting by conducting several negotiation and drafting exercises as well as a simulated representative relationship between the student and the entertainer/athlete. In the context of a mock litigation/arbitration, students will also be required to draft legal briefs in support of the contractual positions taken during the contract drafting exercises. Prereq: LAWS 211 and LAWS 261.
LAWS 392. Mass Media Law and Policy (2)
This two-credit course is designed to cover the law and regulation of electronic and print media.
LAWS 393. Trademark Law (3)
Trademark Law is the study of how commercial entities use words and designs to identify the source their products and services in the minds of consumers and competitors. This course focuses on domestic and international trademark acquisition, retention, transfer, registration, and infringement. In addition to the common law of trademarks and unfair competition, much of this course will be devoted to studying the statutory scheme of federal trademark law.
LAWS 395. Trial Practice (2)
This course provides practical training in jury and nonjury courtroom trial procedure. Students are assigned as lawyers in criminal and civil cases to conduct jury selection, examine and cross-examine witnesses, make objections, and argue motions in a simulated courtroom environment. Students may not take both Trial Practice and Trial Tactics (LAWS 397). Prereq: LAWS 207 or LAWS 212.
LAWS 396. Reproductive Rights Seminar (3)
This seminar will cover the basics of the Supreme Court’s reproductive rights jurisprudence and will look at a series of topics relating to the reproductive rights law and policy, including “partial-birth” abortion and the health exception; minors’ access to abortion, contraception, and sex education; reproductive rights and religion; and assisted reproductive technologies. In addition to various interim writing assignments, you will be required to submit a substantial paper by the end of the semester. Prereq: LAWS 202.
LAWS 397. Trial Tactics (4)
An intensive course in trial tactics, techniques, and advocacy. The emphasis during the first half of the semester is on practice in the separate components of a trial: direct examination, objections, cross-examination, use of rehabilitative devices, examination of expert witnesses, jury selection, opening statements, closing argument, and pretrial preparation. During the second half of the semester each student acts as co-counsel in a full trial. Videotape recording is used for critiquing student performance throughout the semester. Students may not take both LAWS 397 and LAWS 395 (Trial Practice). Prereq: LAWS 207 or LAWS 212.
LAWS 398. Eminent Domain Law: Litigation Techniques and Trial Practice (2)
This course will provide students with a study of the law of eminent domain as it has evolved under the US Constitution and State of Ohio laws, with a special focus on the emerging law that has developed on the last decade. Will provide a special opportunity for students to understand the techniques and strategy of the litigation of modern eminent domain actions, both from the perspective of the acquiring agency as well as the private property owner. Also, provides exposure to the trial of an eminent domain action, both from the perspective of the acquiring agency as well as the private property owner. Also, provides exposure to the trial of an eminent domain action and special techniques, strategies, and practice pointers related to the successful trial of right to take proceedings before a judge and the trial of jury actions on issues of compensations.
LAWS 399. Pretrial Practice: Civil (2)
This course picks up where most first-year legal research and writing courses leave off. We will examine intensively, among other things, the various discovery devices (including depositions, interrogatories, document requests, and requests to admit), pretrial motion practice, litigation as a means of achieving the best possible negotiated result, and alternative dispute resolution mechanisms (including mediation and arbitration). In other words, we will study the things that litigators spend most of their time doing and thinking about: how lawyers go about gathering and preserving evidence, the everyday interactions they have with courts, and the reasons they do all these things even though they rarely expect to get all the way to trial. The course will include simulations and extensive drafting assignments.
LAWS 400. Pretrial Practice: Criminal (2)
This course introduces students to the key activities lawyers undertake in a criminal case in advance of trial. This course examines the various steps leading up to trial, such as the preparation of an indictment, the drafting of discovery requests, motion practice related to discovery and the suppression of evidence, preparation and negotiation of plea agreements, and other motion practice related to the pre-trial phase. This course is designed to expose students to the pretrial phase in a criminal case from the perspective of both the prosecution and defense. Anticipated topics for discussion will include case investigation, the gathering of evidence, pretrial problems typically encountered in a criminal case, and the role sentencing guidelines can have in shaping plea negotiations and other pretrial negotiations. The course will include simulations, drafting assignments, opportunities for mock oral argument, and negotiating exercises. Limited to 12 students.
LAWS 401. The Lawyering Process (2)
Certain legal skills basic to the practice of law, including interviewing, counseling, and negotiating, are discussed, and students have the opportunity to practice those skills in simulated interviews and negotiations under the supervision of the instructor. Videotapes of lawyers and/or students are shown and reading materials assigned. Class discussions of reading materials and videotapes and experience in simulations enable students to confront basic problems of interpersonal communications, role conflicts, and decision-making posed by law practice.
LAWS 402. Pretrial Practice: Medical Malpractice (2)
This advanced skills course is a specialized version of the Pretrial Practice (Civil) course. The focus is on the work of counsel for plaintiffs and defense counsel in medical malpractice cases including pleading, discovery, motion practice, and settlement negotiation. The course will emphasize the special problems confronted in medical malpractice cases such as obtaining and interpreting medical records and dealing with expert medical witnesses.
LAWS 403. Criminal Justice Clinic I (3)
Students handle a limited number of misdemeanor cases in municipal courts throughout Cuyahoga County. The seminar sessions are devoted to discussions of cases being handled by the students and to ethical and strategic considerations of criminal law practice, trial tactics, and plea bargaining. Hypothetical case studies are also used to increase the breadth of the students’ exposure to the criminal justice system. Each student also handles some prosecution in local court. Prereq: LAWS 327.
LAWS 407 Death Penalty Lab (3)
This Lab will involve students in an integrated experience of academic research and public service. Students will work on semester-long research projects arising from actual death penalty cases that will be of assistance to practitioners in death penalty cases or research projects for governmental and non-governmental organizations engaged in support for, opposition to, or reform of the death penalty at a local state, national, or global level. Issues may include: victim’s rights; jury selection (race/gender discrimination); proportionality (discrepancies in geographic application or application to different fact patterns); economic impact on the system; clemency; and transnational problems with foreign accused; systemic review (e.g., Illinois commission); and other specific recurring issues arising from innocence, assistance of counsel, experts, jury instructions, or misconduct (judge, attorney, jury). The students will have no direct representation responsibilities.
LAWS 409. Death Penalty Lab II (2)
This lab will involve students in an integrated experience of academic research and public service. As enrollment is limited to students who have successfully completed Lab I, these students will assume a supervisory role working with Lab I students. Students will work on research projects arising from actual death penalty cases that will be of assistance to practitioners in death penalty cases or research projects for governmental and non-governmental organizations engaged in support for, opposition to, or reform of the death penalty at a local state, national, or global level. Issues may include: jury selection issues; proportionality issues; economic impact of the application of the death penalty; examination of issues surrounding a specific state’s ability to provide a viable clemency; issues of international law; research, investigation, and litigation of case specific issues ranging from actual innocence, ineffective assistance of counsel, ineffective assistance of experts, prosecutorial misconduct, judicial misconduct, juror misconduct, etc. Prereq: LAWS 407.
LAWS 411. Civil Litigation & Mediation Clinic I (3)
In this course, students handle various kinds of civil disputes on behalf of consumers who need legal assistance but cannot afford to pay for a private lawyer. Students are responsible for all phases of litigation, including the initial client interview and case assessment, preparation of pleadings and motions, conducting discovery, settlement negotiations, and, if necessary, trying the case before a judge or jury. A weekly two-hour seminar session provides a regular forum for learning the substantive law that applies to the students’ caseloads, as well as discussion of the various legal, professional, and ethical issues that arise in the cases. In addition, after completing required basic mediation training, students act as mediators in small claims and/or landlord-tenant cases in municipal court. Students must be enrolled in and complete both semesters to receive credit. Prereq: LAWS 207 or LAWS 212 and LAWS 432.
LAWS 412. Civil Litigation & Mediation Clinic II (3)
Continuation of LAWS 411. Both semesters must be completed before credit is given.
LAWS 414. Criminal Justice Clinic II (3)
Continuation of LAWS 413. Both semesters must be completed before credit is given.
LAWS 418. Health Law Clinic I (3)
Students represent clients in social security disability claims, adult guardianships, health insurance claims and disputes, access to health care, special education for disabled children, nursing home transfers and discharges, and other health and disability law-related issues. They investigate complaints in nursing home and represent clients in administrative and court proceedings. A major part of the student’s responsibilities is to analyze the problems and determine the best way of resolving them. Seminar sessions are primarily devoted to specific skills and to discussions of matters being handled by the students. The ethical and practical problems encountered in health law practice are emphasized, as well as legal theory. This is a year-long course; students must be enrolled in and complete both semesters of work to receive credit. Prereq: LAWS 207 or LAWS 212 and LAWS 227 or LAWS 373.
LAWS 419. Health Law Clinic II (3)
Continuation of LAWS 418. Both semesters must be completed before credit is given.
LAWS 423. Financial Integrity in Emerging Markets Lab (3)
In this course, which is offered alternately as either a lab or a seminar, students study and research key aspects of the international financial system integrity rules, with a focus on the anti-money laundering and terrorism financing standards of the Financial Action Task Force (FATF) and the Basel Core Principles on Banking Supervision of the Basel Committee (as well as similar standards promulgated for other financial institutions). When offered as a lab, the course engages students in projects for a variety of organizations involved in improving the integrity of financial institutions, including the FATF (as well as FATF-style regional bodies), the International Monetary Fund, the World Bank, the United Nations Office on Drugs and Crime, and locally based governmental and non-governmental organizations. Students satisfactorily completing this course will be eligible to apply for a fully paid summer internship with a local bank that will involve work in the bank’s legal, anti-money laundering and financial intelligence units. Recommended preparation: LAWS 211 and LAWS 307.
LAWS 430 Community Development Clinic I (3)
This is a year-long course; students must complete both semesters of work to receive credit. Students represent business and non-profit entities in formation of their businesses and to obtain tax exemption for non-profit corporations. They act as general counsel helping their clients plan for future projects and activities and operate in compliance with law that regulates their activities. Students may also help to structure tax, real estate and corporate transactions for entities. Students may have the opportunity to work on simple intellectual property matters including trademark, tradename and copyright registrations, as well as website issues and nondisclosure agreements. This clinic is primarily transactional in nature and is designed to expose students to the special problems encountered in representing entities and in structuring transactions. Seminar sessions will be devoted to discussions of applicable law pertaining to specific cases students are working on and development of the skills necessary to represent individuals and entities in transactional matters. Students also will be exposed to the ethical problems associated with entity representation. Prereq or Coreq: LAWS 261.
LAWS 431. Community Development Clinic II (3)
(See LAWS 430.)
LAWS 432. Basic Mediation Training (1)
This course provides students with basic mediation training. After successful completion, students will be certified, allowing them to serve as volunteer mediators in forums where basic training is required.
LAWS 436. Immigration Law Practicum I (3)
The Immigration Clinic will be both a real client representational clinic and provide students with experience of working on consulting projects with such organizations as the American Immigration Law Foundation. Examples of the activities that students may work on include 1) representation of individuals in matters before the Immigration Court, 2) preparation of legal memoranda, briefs, or policy papers on targeted immigration law issues. Examples of the kinds of cases and issues to be included are asylum, removal, petitions based upon the Violence Against Women Act, protections of non-citizen victims of domestic violence, and legality of detention. This is a year-long course. Prereq: LAWS 277.
LAWS 437. Immigration Law Practicum II (3)
The “Immigration Law Practicum” provides students a unique opportunity to assist persons from other countries and cultures while gaining hands on experience drafting legal documents and briefs, preparing factual and expert witness affidavits, and conducting human rights and international law research. Students may work on a variety of pro bono asylum, refugee, and removal (deportation) cases, helping individuals to obtain freedom from abuse, torture and persecution. Students desiring a two-semester experience may follow up “Immigration Law Practicum” by enrolling in “Immigration Law Practicum II.” Prereq: LAWS 277 and LAWS 436.
LAWS 438. Digital Law and Business (1)
LAWS 440. International War Crimes Project (3)
Students in this unique course undertake legal research projects for various international criminal tribunals (including the International Criminal Court and the tribunals in Cambodia and Sierra Leone, among others). They prepare memoranda on selected issues related to current tribunal cases. The course sessions explore the development of international criminal law and the establishment of the tribunals, as well as their jurisprudence and their Rules of Procedure and Evidence. Grades are based on the quality of student papers and in-class presentations. Completed research projects along with their accompanying source notebooks become part of the tribunal libraries.
LAWS 442. Access to Justice Externship (3)
This is an externship program in which students work at the Legal Aid Society of Cleveland for 12 hours per week with and under the direct supervision of Legal Aid attorneys. (For the summer program, students will work full time for 10 weeks during the summer months.) Students will research substantive and procedural legal issues, draft memoranda, and assist with preparation of cases. Students will work on a variety of issues, depending on student interest and agency need. In the past students have worked on substantive matters in the areas of family law, bankruptcy, housing, worker’s compensation, government benefits, special education and immigration. Students will interact with the law school faculty liaison through journals and periodic meetings to discuss and further reflect upon the externship experience. For more information about the Legal Aid Society of Cleveland, students are encouraged to visit http://www.lasclev.org/.
LAWS 451. Global Corporate Governance Lab (3)
This Lab will involve students in an integrated experience of academic research and public service. Students will work on research projects on corporate governance law and policy for publicly owned companies in emerging markets such as India, Russia, Turkey, and South Africa. The course will engage students in projects for a variety of organizations involved in improving corporate governance in emerging markets, including the Organization for Economic Cooperation and Development (OECD), the International Fiscal Corporation, the Institute of International Finance (IIF), and locally based governmental and non-governmental organizations. Students will study and research key aspects of corporate governance, including minority shareholder protection, the structure and responsibility of the board of directors, accounting and auditing requirements, transparency of shareholder ownership and control, and enforcement as they apply to emerging markets. Special attention will be paid to the importance of fashioning rules appropriate for the economic, social, and legal environment of each jurisdiction.
LAWS 454. Urban Development Lab (2)
This course will involve students in an integrated experience of academic research and public service to the Greater Cleveland area. Students will work on semester long research projects arising from issues raised by local nonprofit development organizations and the development arms of other local nonprofit groups and government agencies. Specific topics will vary from semester to semester, but will generally fall within (i) barriers to development of urban properties, (ii) the role of local government and communities in encouraging or discouraging development projects and (iii) solutions for making urban areas, in general, and Cleveland, in particular, more livable and sustainable. When possible, students will present their findings directly to the organization (s) raising the issue. Students can expect direct or indirect exposure to aspects of real estate, finance, land use, tax and other regulatory law.
LAWS 500. Supervised Research Seminar (1 - 2)
Second- and third-year students may earn graded credit for an individual research project of scholarly depth and scope, under the close supervision of a faculty member. Approval of the faculty supervisor is required before registration. No student may undertake more than two Supervised Research projects or earn more than a total of four hours of Supervised Research credit. No student may work on more than one Supervised Research project in one semester. May satisfy the writing requirement.
LAWS 501. International Tribunal Externship (12)
This program provides opportunity for students to participate in a semester long program with a tribunal program arranged through the Cox International Law Center.
LAWS 503. U.S. Attorney Externship: Civil (3)
This is an externship program in which students selected by the law school will work at the United States Attorney’s Office in Cleveland for 12 hours per week, with and under the direct supervision of Assistant US Attorneys on civil cases being handled by that office. Most cases will involve torts, employment discrimination, immigration and prisoner habeas, administrative appeals, environmental enforcement, bankruptcy, debt collection and civil fraud. Students will observe and, in some cases, participate (as assistants to the AUSA on the case) in pretrial and court proceedings, and will work on projects to assist in the prosecution of the cases to which they are assigned. Students will research significant legal issues, draft briefs and pleadings and assist with witness and exhibit preparation. Students will also attend a 1-hour weekly seminar in which they will review and reflect upon the court proceedings observed and the work engaged in on the cases assigned, and discuss various topics relating to federal civil litigation involving the government. Topics in the seminar may include authority and responsibility of the U.S. Attorney, ethics, litigation with the government, discovery and pre-trial practice, expert witnesses, damages, compromise and settlement, sanctions and civility. Students must be approved by the United States Attorney following completion, review and approval of a security clearance application.
LAWS 505. Curricular Training: Law Field Research (0)
This course is intended exclusively for the foreign national J.D. or LL.M. law student who wishes to gain applied legal experience based on their intended career path with an organization that offers course credit for internship experience. These internships may be either paid or unpaid. This course will provide a means for the student to build required skills and bridge the gap between the classroom and real world application. The student is encouraged to explore and discover additional avenues to assist in the management and advancement of his/her career. Does not count toward J.D. credit.
LAWS 508. ERISA (4)
This class will cover employee benefits law. (ERISA): defined benefit plans, including in-depth consideration of defined benefit plan documents; VEBA’s, their use and regulation; group life, Accidental Death & Dismemberment, and Long Term Disability plans and related insurance documents; insured and non-insured medical benefit plans; reporting and disclosure requirements of ERISA, including summary plan descriptions, summary of material modifications, Form 5500, and “top hat” elections; and requests for favorable determinations of qualified plans, including Form 5300 and Notices to Interested Parties.
LAWS 509. Law of the Visual Arts (2)
This course deals with legal aspects of the world of visual arts. In particular, the course will explore art theft; plunder of art in times of war; governmental regulations affecting the import and export of works of art; tax and estate planning issues for art collectors; artists’ rights (including freedom of speech, moral rights, copyright, and resale royalty rights); and the problems art museums face in acquiring, exhibiting, and deaccessioning works of art. Several classes will examine works of art with particular relevance to the course. In addition, the CMA’s deputy director of development, its legal counsel, and the chairman of its board will talk about the myriad legal issues the CMA and its staff face on a daily basis.
LAWS 510. Intellectual Property Theory Seminar (3)
We will explore and ask several questions from a philosophical and historical perspective, including: Should one’s intellectual product be entitled to protection? What are the reasons for granting or denying protection? What form, if any, should this protection take? What are the costs and benefits to society of protecting one’s intellectual product?
LAWS 511. Supreme Court Seminar (3)
Students will examine the judicial process in the U.S. Supreme Court, including the nature of decision-making in a multi-member tribunal, procedural and jurisdictional issues, and the development of a justice’s jurisprudential philosophy. Students follow and analyze a particular justice or an aspect of the Court’s operation. May satisfy the writing requirement.
LAWS 512. Tax Policy Seminar (3)
This advanced seminar for students interested in fundamental issues of tax policy and tax reform considers the favorable treatment of capital gains, the advisability of adopting a comprehensive tax base under a new definition of gross income, the use of tax incentives to achieve non-tax policy goals, and the basic system of taxing corporations and shareholders. May satisfy the writing requirement. Recommended preparation: LAWS 211.
LAWS 519. Torts Theory Seminar (3)
This seminar will allow students to examine theories of justice in the context of tort law. In the seminar, we will be reading and discussing a series of articles that seek to provide a basis for understanding and evaluating tort doctrine. This will include readings concerning the economic approach, the corrective justice approach, and approaches based on distributive justice. The doctrine that we study will be that which is familiar from the first year course: strict liability, the requirements of the reasonable person, proximate cause, duty and product liability. Students will pick an area of tort doctrine and write a paper that will apply one or more theories to that area. A student might, for example, examine a manufacturer’s duty to warn customers about possible harm in the use of the product, and would write a paper helping us to understand that duty in light of economic and corrective justice theories.
LAWS 531. Control of Toxins in Products and Workplaces (3)
This seminar will explore the regulation of potentially dangerous levels of toxic substances in products and workplaces. Particular attention will be devoted to considering the structure of the current legal framework for ensuring that the public is adequately represented in these highly complicated regulatory programs that impose substantial costs on manufacturers. After studying key aspects of the major federal programs that oversee the manufacture and marketing of toxins in products and workplaces, seminar participants will consider the role that the market and tort law play in supplementing regulation. Students will be expected to write a substantial research paper related to one to the themes of the course.
LAWS 550. Advanced Nonprofit Organizations Seminar (3)
In this seminar, students will explore selected topics related to structure, governance, tax exemption, and government oversight of nonprofit organizations. Class readings and discussions for the first several weeks will build on the basic understanding developed in LAWS 234, Law of Nonprofit Organizations. Topics will be selected to consider framework in context, using recent real-life case studies. Students will write a significant paper on a chosen topic and present it to the class. The course grade will be based on the paper, the presentation, and class participation. Paper may satisfy writing requirement. Prereq: LAWS 234.
LAWS 553. United States Attorney Externship: Criminal (3)
This is an externship program in which students selected by the law school will work at the United States Attorney’s Office in Cleveland for 12 hours per week, with and under the direct supervision of Assistant U.S. Attorneys on cases under investigation or being prosecuted by that office. Most cases will involve general crimes (robbery, theft, immigration, etc.), or offenses involving drugs or firearms. Students will observe and, in some cases, participate (as assistants to the AUSA on the case) in court proceedings, and will work on projects to assist in the prosecution of the cases to which they are assigned. Students will also attend a 1-hour weekly seminar in which they will review and reflect upon the court proceedings observed and the work engaged in on the cases assigned, and discuss various topics relating to federal criminal law and prosecutions. Topics in the seminar may include arrest through indictment, seizures and warrants, pretrial proceedings, plea bargaining, sentencing, discovery, pretrial conferences, jury selection and trials, post conviction proceedings, trial skills and appeals. Students must be approved by the United States Attorney following completion, review and approval of a security clearance application. Prereq: LAWS 212, LAWS 327 and LAWS 375.
LAWS 554. 14th Amendment Seminar (3)
This seminar focuses on the Fourteenth Amendment through Supreme Court cases and the social implications of these holdings. We will discuss the definition of equality under the law and approaches to reaching equity goals. Students should gain a frame work for comparing equity arguments asserted in a variety of settings for different groups, e.g., gender in employment settings, wealth discrimination, and race in education.
LAWS 556. Judicial Externship Seminar (4)
Students in the spring of their first year are selected for summer externships with specific federal district and circuit judges. Classes in the spring of the first year, during the externship summer, and in the fall of the second year complement the eight weeks of externing in the judge’s chamber. Recommended preparation: Permission of the instructors.
LAWS 557. Genetics and Law (3)
The current federal Human Genome Project is attempting to understand the health and behavioral implications of the 50,000 to 100,000 genes in the human body. Genetic tests are being offered to let people know if they are at risk of having a child with a genetic defect or if they will later in life suffer from cancer or other disease. Genetic predispositions are also being investigated for certain behaviors such as gay sexual preference, intelligence, and anti-social behavior. This course will cover the tort law, family law, constitutional law, criminal law, employment law, and insurance implications of developments in genetics.
LAWS 561. International Issues in Intellectual Property Seminar (3)
This seminar will examine selected issues in comparative and international law affecting patents, copyrights, trademarks, and trade secrets. By looking at comparative systems, we will understand the differing philosophies underlying intellectual property in different legal cultures. By examining the movements to harmonize and unify national systems (looking at the process of harmonization, extraterritorial enforcement of rights, conflicts of law, and global protection), we will see how the different cultures are being merged. May satisfy the writing requirement. Recommended preparation: LAWS 370.
LAWS 570. Foreign Graduate Seminar (2)
This seminar is the required introductory course for foreign students enrolled in the Graduate Program in U.S. Legal Studies. It begins with a series of lectures introducing students to American legal education; American government, courts, and culture; various common law subjects; and professional responsibility. Throughout the year seminar sessions are held with legal practitioners from law firms and corporations in the Cleveland area who are involved in an international practice. Limited to the foreign LL.M. students.
LAWS 574. Selected Topics on American Legal Professions (3)
This seminar will consider the history, structure and demographics of the American legal profession. We will focus primarily on recent changes in the organization and operation of law practice and the effect of those trends on the delivery of legal services and the working lives of lawyers. Students will be required to write and present a substantial paper, which may satisfy the writing requirement. Grade is based on class participation, a presentation, and a paper.
LAWS 595. U.S. Contract Law (3)
The subject matter and coverage of this course is approximately the same as the subject matter and coverage of first-year Contracts (LAWS 123) as abbreviated and modified to reflect that it (a) is limited to foreign students who are candidates for the LL.M. in U.S. Legal Studies and (b) consists of 3 (not 5) credit hours.
LAWS 596. Social History of Crime Seminar (3)
This course is designed to offer students a somewhat different optic on the way that law operates in society, different, that is, from the sense one might get from reading case books. Here our concern is with the meaning of law in the largest sense, not so much from the standpoint of legal doctrine, but in the sense of how it works as a system of power to advance certain interests in society at the expense of less powerful groups. By “social history” I refer to the study of ordinary people, as opposed to political leaders and rulers. Thus the course explores how the law played out in the lives of ordinary men and women during the period from the eighteenth century to the present. What is a crime? How have certain customary rights been criminalized and why? What are the ideological underpinnings of the law? These are some of the questions we will take up as we examine crime in Britain and the U.S. from a thematic perspective.
LAWS 599. Doing Business in the United States (3)
The course is designed to introduce foreign students to many areas of U.S. domestic law through consideration of a transnational business transaction. Examples of areas of law covered: restrictions on foreign investment, regulatory agencies, banking and finance, importing and exporting, business entities, litigation and alternative dispute resolution, labor relations, immigration law, taxation. Limited to candidates for the LL.M. in the U.S. Legal Studies.
LAWS 601. Canada-United States Law Institute Seminar (2)
Canada-US Legal Relations provides students with a broad examination of the issues confronting the Canada-US relationship. Topics discussed include comparative constitutional law, North American trade & investment law, immigration, Canada-US border security, and environmental issues -- including the Great Lakes. The course includes lectures by practitioners and government officials. Students are required to author a paper that may be published in Canada-US Law Institute material and journals.
LAWS 603. Research Ethics and Regulation (2)
This course is designed to introduce students to the ethical, policy, and legal issues raised by research involving human subjects. It is intended for law students, post-doctoral trainees in health-related disciplines and other students in relevant fields. Topics include (among others): regulation and monitoring of research; research in third-world nations; research with special populations; stem cell and genetic research; research to combat bioterrorism; scientific misconduct; conflicts of interest; commercialization and intellectual property; and the use of deception and placebos. Course will meet in once per week for 2 hours throughout the semester. Grades will be given based on class participation and a series of group projects and individual short writing assignments.
Offered as CRSP 603 and LAWS 603.
LAWS 660. Federal Public Defender Externship (3)
This externship program will give students an opportunity to observe and participate in many facets of federal criminal procedure and practice. Under the supervision of the Federal Public Defender and his staff, students will research and draft legal memoranda, pre-trial motions, sentencing motions, and appellate briefs. Students will also observe court proceedings and assist in trial and hearing preparation. Students will work on a variety of cases, including drug, firearm, fraud, and white collar crime. Given the pace and work demands of the Office of the Federal Defender, this externship program will have students assisting with substantive legal work.
LAWS 661. Federal Trade Commission Externship (3)
This externship program will expose students to federal civil practice involving the Federal Trade Commission in a range of civil matters primarily focused on the FTC’s consumer protection mission. The externship includes seminar-style discussions with both junior and senior FTC litigators in the East Central Region office. Students will assist FTC attorneys and staff in the preparation and presentation of their cases.
LAWS 662. Internal Revenue Service Externship (3)
This externship program will expose students to federal civil tax practice involving the IRS and Office of IRS Chief Counsel, including a broad range of issues involving the assessment and collection of federal taxes. The externship includes seminar discussions and placement in the local office of IRS Chief Counsel. Students will assist the attorneys in providing legal assistance to IRS personnel, in federal tax litigation in the U.S. Tax Court, and providing legal assistance to the U.S. Attorney’s Office in federal tax litigation.
LAWS 709. Canada - United States Law Journal (0)
Students enrolled in this non-credit course will serve as writers and editors for the annually published Canada - U.S. Law Journal.
LAWS 712. The Pictet Moot Court (1)
The Pictet Moot Court course provides one co-curricular credit for the work of the three students who have been selected to represent CWRU Law School in the annual Jean Pictet International Humanitarian Law Moot Court Competition. Students must take International Humanitarian Law, as well as International Law, International Criminal Law, or International Human Rights as pre- or co-requisites.
LAWS 718. Health Matrix Seminar (2)
Students write their Health Matrix notes through the year long Health Matrix Seminar. Students work closely with the instructor to develop their topics, outlines, several drafts, and final notes. The course will include multiple individual meetings with the professor, extensive feedback, and oral presentations of the papers. Students will develop their writing and oral presentation skills and will receive training concerning advanced legal research, plagiarism, and statutory interpretation. 2L associates also will have responsibilities for journal production work, such as verifying footnotes.
LAWS 719. Health Matrix Seminar (3)
The Health Matrix seminar will provide training in writing, editorial skills, and advanced legal research. Topics to be covered will include topic development, web-based research, advanced Westlaw and Lexis training, writing techniques, and plagiarism. 2L associates also will have responsibilities for journal production work, such as verifying footnotes.
LAWS 740. Journal of International Law Seminar (3)
The seminar will provide training in writing, editorial skills, and advanced legal research for students writing notes for the Journal of International Law. Topics to be covered include plagiarism, selecting a topic, web-based research, advanced Lexis and Westlaw research, advanced research training in selected substantive areas, and writing techniques. Satisfactory completion of the note will satisfy the upper-level writing requirement. Grade is based on the quality of the note and class participation.
LAWS 745. Law Review Seminar (2)
The seminar will provide training in writing, editorial skills, and advanced legal research for students writing notes for the Case Western Reserve Law Review. Topics to be covered include plagiarism, selecting a topic, web-based research, advanced Lexis and Westlaw research, advanced research training in selected substantive areas, and writing techniques. Satisfactory completion of the note will satisfy the upper-level writing requirement. Grade based on the quality of the note and class participation.
LAWS 746. Law Review Seminar (3)
(See LAWS 745.)
LAWS 750. CaseArc Honors Fellow Program (1)
CaseArc Honors Fellows serve for either one semester of the full year as teaching assistants in the CaseArc program. With training, guidance, and under the supervision of the CaseArc faculty, the Honors Fellows work closely in small groups or one-on-one with students on their writing projects, in-class exercises and preparation for simulations. In addition to meeting regularly with students, Honors Fellows may participate for simulations, judge oral arguments and assist with research training. Overall, the Honors Fellows serve as mentors to their assigned students to help them make the most of the CaseArc courses and the law school experience in general.
LAWS 762. Contemporary Issues in Law & Technology: Free Speech in the Digital Era (1)
This course will be the first Contemporary Issues in Law and Technology template course. The course will be co-taught by Craig Nard and Declan McCullagh (LTA Fellow in Law and Technology and Washington Bureau Chief for Wired News). The course will cover (1) overview of principles of First Amendment analysis and its relationship to the Internet and the Communications Decency Act; (2) filtering and private restrictions on Internet Speech; (3) threats and the compilation of personal information; and (4) tensions between the First Amendment and the Copyright clause in digital content.
LAWS 801. Core 1: Research, Writing, and Skills (0)
This course is the first of a sequence of required courses in the CaseArc Program which trains students in the fundamental skills of practicing law. Students are introduced to the fundamentals of legal analysis and rhetoric beginning with objective written legal analysis. In addition, they receive instruction in manual and, to a limited extent, computerized legal research. Finally, students begin to develop the basic skills of interviewing, fact gathering and client counseling. The course is taught by a combination of classroom instruction, small group discussions and through performance and critique of simulation exercises. The goal is to integrate the learning and application of legal theory, doctrine and practice in an authentic manner. Students are assigned to an instructional team consisting of a doctrinal professor, a research, analysis and writing professor, a clinical professor, a skills professor and a librarian. The team coordinates the assignments and exercises so that students are provided a learning experience that combines lecture, discussion, and hands-on experience. Students must take this course in the fall semester of their first year.
LAWS 802. Core 2: Research, Writing, and Skills (4)
This course is the second of the sequence of required courses in the CaseArc Program which trains students in the fundamental skills of practicing law. Students build on their learning in CORE 1 by confronting more complex and challenging problems. The format of the course and teaching methods are similar to CORE 1, but the writing component of the course shifts from the objective mode to the persuasive, and the research component incorporates electronic research in depth. In addition, the students learn more complex fact gathering, document analysis, and counseling. Finally, students are introduced to negotiation theory and technique and to the principles of effective oral presentation in formal and informal settings. Students must take this course in the spring semester of their first year. Recommended preparation: LAWS 801.
LAWS 803. Core 3: Transaction, Writing, and Skills (2)
This is the third of the required sequence of courses in which students are introduced to the fundamental skills of practicing law. Students build on their learning in CORE 1 and CORE 2 by applying the principles of legal research, analysis, writing, interviewing, counseling and negotiation in the transactional setting. Students also learn about the challenges of applying these lawyering skills in the representation of groups and entities. The format of the course and teaching methods are similar to CORE 1 and CORE 2. Students must take this course and Focused Problem Solving in their second year. They will be assigned one in the fall and the other in the spring. Recommended preparation: LAWS 801 and LAWS 802.
LAWS 804. Focused Problem Solving (2)
This is the fourth of the required sequence of courses in which students are introduced to the fundamental skills of practicing law. Students apply and expand the skills learned in CORE 1 and 2 in the context of a specific area of law. The overarching emphasis of the course is legal problem solving, and strategy formation and implementation. Students will identify and evaluate options to solve specific legal problems, engage in fact gathering, develop strategies for accomplishing goals, interview and counsel clients, evaluate ends/means considerations, and depending on the type of problem, function in the litigation and/or transactional contexts. Students must take this course and CORE 3 in their second year. They will be assigned one in the fall and the other in the spring. Recommended preparation: LAWS 801 and LAWS 802.
Course Descriptions (LINS)
LINS 114. Intervention and Law in Vietnam and Iraq (2)
Using the examples of American intervention in Vietnam and Iraq, this course examines some of the international and domestic legal issues raised by war and military intervention. Among the topics covered will be the legal justifications for intervention and the arguments for the illegality of the two wars; constitutional limits on executive war making powers; the justiciability of issues of war and peace under U.S. law; the draft, the volunteer army, and conscientious objection; GI rights and GI dissent; the law of war and international humanitarian law and the recurring problems of massacre, murder, and torture.
LINS 115. Comparative Employment Law and Policy (2)
It is commonly said that workers face a global labor market, and yet the laws regulating the employment relationship differ considerably from one country to another, and, in particular, between the United States and European countries. How do different forms of regulation shape National labor markets and what are the implications for global competition? This course examines the differing regulatory approaches taken on such issues as job security, discrimination, employee privacy, protection of whistle blowers and restrictions on post-employment competition.
LINS 117. Role of the Judge from a Comparative Perspective (2)
This s course will unveil how judges use their arsenal to review the acts of the political branches. This includes lowering or raising the standing barrier, using rigorous or lenient tests, limiting or broadening the scope of the political question doctrine, finding rights which are not enumerated in the Constitution, and other strategies. By applying these strategies effectively, the judiciary has become a major player in society, which sometimes rivals the political branches. The course, which revolves around the concept of separation of powers, draws on cases from the U.S. and non-U.S. jurisdictions. No prior knowledge of these jurisdictions is required.