Fall 2012 Course Descriptions
As of 5/25/2013 3:19:01 AM
Clinic
980 Advanced Clinical LawThis graded course is intended to give a few students who have excelled in the Child Advocacy Clinic or Clinical Law I the chance to spend another semester doing casework in the clinic. Students will work under faculty supervision on more complicated cases and will shoulder more of the responsibility for those cases. The course gives students a broader range of litigation experience at a higher level of sophistication than is possible the first time through. Students are enrolled by invitation only, after having expressed interest to one of the clinical faculty or administrators. Faculty and invited students determine the number of credits to be awarded.
910 Child Advocacy ClinicThe Child Advocacy Law Clinic provides students with an in-depth, interdisciplinary experience in problems of child abuse and neglect and of children in foster care. The clinic represents parents in one Michigan county, children in another, and the Michigan Child Protection Agency in six counties all in specific child maltreatment and termination of parental rights cases. With close support and supervision of an interdisciplinary faculty, the law student addresses the complex legal, social, emotional, ethical, and public policy questions of when and how the state ought to intervene in family life on behalf of children. Law students will work with practicing professionals, faculty, and students from social work, psychology, pediatrics, and psychiatry. The Child Advocacy Law Clinic seeks to introduce students to their new lawyer identity, the substantive and skill demands of this new role, and the institutional framework within which lawyers operate. The Clinic especially focuses on the relationship between the lawyer and other professionals facing the same social problem. Building on the field experience of actual case handling as a basis for analysis, it seeks to make students more self-critical and reflective about various lawyering functions they must undertake. Students are asked to integrate legal theory with real human crises in the cases they handle. Students will develop habits of thought and standards of performance and learn how to learn from raw experience for their future professional growth. Students must enroll for the 4-credit clinic and the 3-credit seminar, taken concurrently.
911 Child Advocacy Clinic SeminarThe Child Advocacy Law Clinic provides students with an in-depth, interdisciplinary experience in problems of child abuse and neglect and of children in foster care. The clinic represents parents in one Michigan county, children in another, and the Michigan Child Protection Agency in six counties all in specific child maltreatment and termination of parental rights cases. With close support and supervision of an interdisciplinary faculty, the law student addresses the complex legal, social, emotional, ethical, and public policy questions of when and how the state ought to intervene in family life on behalf of children. Law students will work with practicing professionals, faculty, and students from social work, psychology, pediatrics, and psychiatry. The Child Advocacy Law Clinic seeks to introduce students to their new lawyer identity, the substantive and skill demands of this new role, and the institutional framework within which lawyers operate. The Clinic especially focuses on the relationship between the lawyer and other professionals facing the same social problem. Building on the field experience of actual case handling as a basis for analysis, it seeks to make students more self-critical and reflective about various lawyering functions they must undertake. Students are asked to integrate legal theory with real human crises in the cases they handle. Students will develop habits of thought and standards of performance and learn how to learn from raw experience for their future professional growth. Students must enroll for the 4-credit clinic and the 3-credit seminar, taken concurrently.
920 Clinical Law IThe Michigan Clinical Law Program (MCLP) is a seven-credit course that gives students the opportunity to practice law, under the supervision of a clinical professor, in a variety of issue areas affecting low-income clients. Casework - from interviewing and counseling clients to arguing in court - is the principal responsibility of MCLP students. There is also a classroom component of the clinic, which is designed to give students the chance to reflect on their practice, study common themes among cases and clients, and to learn lawyering skills.
The clinic has cases in many areas of law, including: landlord-tenant, consumer, domestic violence and/or family, welfare, criminal, employment discrimination, asylum and refugee issues, and prisoners' civil rights. Students, under the supervision of faculty, do all of the work for their clients, including interviewing, counseling, research, discovery, negotiation, motion practice, bench and jury trials, and appeals. They have "first-chair" responsibility for their cases and primary responsibility for representing their clients. MCLP students handle cases in the state district, circuit, probate, and federal courts, as well as administrative and informal venues. The classroom component includes some trial advocacy simulations to introduce basic trial skills. Each student participates in two intensive trial practice experiences: a mock adversarial hearing at mid-term and a mock trial at the end of the term. Other class sessions address topics including the role of the lawyer, ethical issues on law practice, client-centered lawyering, the adversarial process, and other related issues affecting the clinic's predominately poor client population. Some MCLP students will have the opportunity to specialize in cases focusing on the legal issues of women in poverty, in conjunction with the clinic's collaboration with the Michigan Poverty law program (MPLP). MPLP is a multi-lawyer legal services office that provides state-wide training and litigation support for legal services field offices throughout Michigan. These students will handle individual cases, primarily in the areas of domestic violence, family law (custody, child support, visitation, divorce), and government benefits. In addition to individual cases, these students may work on more complex cases or projects that have a statewide impact on poor people in Michigan.
Students must enroll for the 4-credit clinic and the 3-credit seminar, taken concurrently. Third-year students do not have a preference for admission to Clinical Law I. Student preferences will be taken into account in registration, but students are not guaranteed their first choice.
921 Clinical Legal Advocacy SemThe Michigan Clinical Law Program (MCLP) is a seven-credit course that gives students the opportunity to practice law, under the supervision of a clinical professor, in a variety of issue areas affecting low-income clients. Casework - from interviewing and counseling clients to arguing in court - is the principal responsibility of MCLP students. There is also a classroom component of the clinic, which is designed to give students the chance to reflect on their practice, study common themes among cases and clients, and to learn lawyering skills. Each MCLP student will be assigned to on of two sections: one is "MCLP Civil "; the other, "MCLP Criminal," will have an exclusive focus on criminal defense work (see descriptions below).
MCLP Civil: The clinic has cases in many areas of law, including: landlord-tenant, consumer, domestic violence and/or family, welfare, criminal, employment discrimination, asylum and refugee issues, and prisoners' civil rights. Students, under the supervision of faculty, do all of the work for their clients, including interviewing, counseling, research, discovery, negotiation, motion practice, bench and jury trials, and appeals. They have "first-chair" responsibility for their cases and primary responsibility for representing their clients. MCLP Civil students handle cases in the state district, circuit, probate, and federal courts, as well as administrative and informal venues. The classroom component includes some trial advocacy simulations to introduce basic trial skills. Each student participates in two intensive trial practice experiences: a mock adversarial hearing at mid-term and a mock trial at the end of the term. Other class sessions address topics including the role of the lawyer, ethical issues on law practice, client-centered lawyering, the adversarial process, and other related issues affecting the clinic's predominately poor client population. Some MCLP Civil students will have the opportunity to specialize in cases focusing on the legal issues of women in poverty, in conjunction with the clinic's collaboration with the Michigan Poverty law program (MPLP). MPLP is a multi-lawyer legal services office that provides state-wide training and litigation support for legal services field offices throughout Michigan. These students will handle individual cases, primarily in the areas of domestic violence, family law (custody, child support, visitation, divorce), and government benefits. In addition to individual cases, these students may work on more complex cases or projects that have a statewide impact on poor people in Michigan.
MCLP Criminal: In the criminal concentration students handle misdemeanor cases for their short-term files, and do (mostly post-conviction) felony cases and out-of-state capital cases for their more complex files. The criminal concentration features classes on criminal law and procedure and includes an intensive series of trial skills workshops, focusing on the defense attorney's need to cross-examine effectively.
Students must enroll for the 4-credit clinic and the 3-credit seminar, taken concurrently. Third-year students do not have a preference for admission to Clinical Law I. Student preferences will be taken into account in registration, but students are not guaranteed their first choice.
955 Comm & Econ Develop ClinicCommunity and Economic Development Clinic
The Community and Economic Development Clinic provides transactional legal assistance to nonprofits and community-based organizations. Students engage in the supervised practice of law; they are responsible for all aspects of representation -- interviewing and counseling clients; planning cases; researching; drafting correspondence, memos, and legal documents; managing relationships with clients and others; negotiating agreements; and implementing client decisions. Each student team works on several client matters throughout the term. The Clinic works with new and established organizations. You will learn various substantive areas of law. Most students work with several clients on several matters throughout the term.
The Clinic's goals are to provide first-rate legal services to sustain effective organizations and build institutions that provide needed services and opportunities in under-served urban communities and contribute to the economic development of the region while providing our students the opportunity to enhance their professional capabilities by doing actual "lawyering."
Students interested in corporate, government, or public-interest practice should enroll in the course. The Clinic helps prepare students for work with organizational clients, while giving them an introduction to opportunities for transactional attorneys to serve the community, as well as government, public-interest and commercial organizations, through pro bono, board service, and volunteer work.
956 Comm & Econ Develop Clinic SemCommunity and Economic Development Clinic
The Community and Economic Development Clinic provides transactional legal assistance to nonprofits and community-based organizations. Students engage in the supervised practice of law; they are responsible for all aspects of representation -- interviewing and counseling clients; planning cases; researching; drafting correspondence, memos, and legal documents; managing relationships with clients and others; negotiating agreements; and implementing client decisions. Each student team works on several client matters throughout the term. The Clinic works with new and established organizations. You will learn various substantive areas of law. Most students work with several clients on several matters throughout the term.
The Clinic's goals are to provide first-rate legal services to sustain effective organizations and build institutions that provide needed services and opportunities in under-served urban communities and contribute to the economic development of the region while providing our students the opportunity to enhance their professional capabilities by doing actual "lawyering."
Students interested in corporate, government, or public-interest practice should enroll in the course. The Clinic helps prepare students for work with organizational clients, while giving them an introduction to opportunities for transactional attorneys to serve the community, as well as government, public-interest and commercial organizations, through pro bono, board service, and volunteer work.
927 Crim Appellate PracticeThis is a clinical course in which each student is assigned to help represent an indigent defendant in the appeal of his or her felony conviction, under the supervision of attorneys from Michigan's State Appellate Defender Office. The focus of the course is on the completion of an effecitvely written appellate brief on behalf of the client, to be filed in state or federal court. The goal of the course is to develop the student's understanding and skill in all phases of appellate advocacy. The student will review the trial transcripts and lower court records, interview the client in prison (with the instructor), develop a strategy for appeal, conduct legal research, and help draft the client's brief on appeal. Feedback is provided by frequent individual meetings with the instructors, as well as oral argument before a panel of attorneys experienced in criminal law. The course gives the student the opportunity to work on a real case with real consequences for the client. While most directly relevant to those interested in criminal law, its lessons in appellate advocacy should be of general interest. Class size is limited to 12 students to assure individual attention to each student.
928 Criminal Appel Pract FieldThis is a clinical course in which each student is assigned to help represent an indigent defendant in the appeal of his or her felony conviction, under the supervision of attorneys from Michigan's State Appellate Defender Office. The focus of the course is on the completion of an effecitvely written appellate brief on behalf of the client, to be filed in state or federal court. The goal of the course is to develop the student's understanding and skill in all phases of appellate advocacy. The student will review the trial transcripts and lower court records, interview the client in prison (with the instructor), develop a strategy for appeal, conduct legal research, and help draft the client's brief on appeal. Feedback is provided by frequent individual meetings with the instructors, as well as oral argument before a panel of attorneys experienced in criminal law. The course gives the student the opportunity to work on a real case with real consequences for the client. While most directly relevant to those interested in criminal law, its lessons in appellate advocacy should be of general interest. Class size is limited to 12 students to assure individual attention to each student.
993 Entrepreneurship ClinicThe Entrepreneurship Clinic, to be launched in winter 2012, is the first clinical law program focusing exclusively on providing legal assistance to student entrepreneurs. The Clinic will give law students the opportunity to provide greatly needed legal advice and services to student start-up businesses throughout the University of Michigan, training both the student lawyer and student businessperson to work together in addressing the legal issues in an entrepreneurial business.
Under the close supervision of clinical faculty, law students in the Clinic will have primary responsibility for providing legal services to their clients. Students will provide transactional legal services to student entrepreneurs in a number of areas including entity formation, contract issues, capital structure and intellectual property including trademark, trade secret, copyright and patent. Students will have the opportunity to interview and counsel clients, strategically plan cases, draft contracts, legal memoranda, correspondence and other documents, negotiate agreements and manage client relationships.
In the Clinic seminar, students will explore how to effectively represent entrepreneurs, ethical issues, lawyering skills and different substantive areas of law. The Clinic is a seven credit course. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently.
994 Entrepreneurship Clinic SemEntrepreneurship Clinic Seminar
The Entrepreneurship Clinic, to be launched in winter 2012, is the first clinical law program focusing exclusively on providing legal assistance to student entrepreneurs. The Clinic will give law students the opportunity to provide greatly needed legal advice and services to student start-up businesses throughout the University of Michigan, training both the student lawyer and student businessperson to work together in addressing the legal issues in an entrepreneurial business.
Under the close supervision of clinical faculty, law students in the Clinic will have primary responsibility for providing legal services to their clients. Students will provide transactional legal services to student entrepreneurs in a number of areas including entity formation, contract issues, capital structure and intellectual property including trademark, trade secret, copyright and patent. Students will have the opportunity to interview and counsel clients, strategically plan cases, draft contracts, legal memoranda, correspondence and other documents, negotiate agreements and manage client relationships.
In the Clinic seminar, students will explore how to effectively represent entrepreneurs, ethical issues, lawyering skills and different substantive areas of law. The Clinic is a seven credit course. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently.
930 Environmental Law ClinicThe clinic offers hands-on lawyering experience in cases drawn from the judicial, administrative, and legislative dockets of the National Wildlife Federation's Great Lakes Natural Resource Center in Ann Arbor. The Center's resident attorneys supervise students. Students work on a wide range of natural resources and conservation issues, and participate in some of the most significant environmental legal work in the United States. Students may, among other things, visit officials, draft testimony on proposed legislation, prepare pleadings, write an appellate brief, participate in rule-making, or help negotiate a settlement. The clinic is a three-credit-hour offering that students may elect for one or two semesters, for a maximum of six hours. Courses in administrative and environmental law are not prerequisites, but would be helpful. For further information, please contact Neil Kagan, Clinic Director, at 734-887-7106 or kagan@nwf.org.
972 Federal Appel Litigation ClncFederal Appellate Litigation Clinic
In the Federal Appellate Litigation Clinic, second- and third-year law students will gain hands-on experience in various stages of federal appellate litigation. Under the supervision of attorneys from the Office of the Federal Public Defender for the Northern District of Ohio, students will prepare and file briefs on behalf of criminal defendants and/or habeas petitioners in the United States Court of Appeals for the Sixth Circuit. Each student will manage an appeal from its inception, and will gain hands-on experience by reviewing the district court record and identifying issues for appeal, developing a theory of the case, researching substantive law, and preparing the client's merits brief. When appropriate in view of timing and subject matter considerations, students will have an opportunity to write reply briefs and conduct oral arguments in Cincinnati before a panel of judges on the Sixth Circuit Court of Appeals.
Weekly class meetings will include case discussions and instruction on how to litigate effectively a federal criminal appeal. Students will meet frequently with instructors who will provide individualized feedback as students prepare their appellate briefs and oral arguments. In addition to developing their written and oral advocacy skills, students can expect to gain an understanding of the practical aspects of federal appellate litigation. While the clinic will be relevant to all students of law, it will be particularly valuable to students who plan to pursue federal clerkships or who have an interest in criminal or appellate litigation.
951 Human Trafficking ClinicThe Human Trafficking Clinic (HTC), launched in 2009, is the first clinical law program solely dedicated to the issue of human trafficking. Also known as modern-day slavery, human trafficking is the recruitment, transportation, harboring, or receipt of people for the purposes of slavery, forced labor, and servitude.
The HTC offers students the opportunity to work on both domestic and international human trafficking issues and cases. The HTC provides a range of services, including direct representation of both domestic trafficking victims and foreign nationals trafficked into the United States, advocacy for trafficking victims, and community education and training. The HTC also provides students with the opportunity to learn, practice, and improve essential advocacy skills. Students working in the HTC obtain real-world experience by working on behalf of victims of human trafficking. They also collaborate with a variety of stakeholders, including survivors of human trafficking, law enforcement, government officials, and nongovernmental organizations, to identify solutions to combat human trafficking. Students are responsible, under supervision, for all of the cases and projects within the HTC.
954 Human Trafficking Clinic SemThe Human Trafficking Clinic (HTC), launched in 2009, is the first clinical law program solely dedicated to the issue of human trafficking. Also known as modern-day slavery, human trafficking is the recruitment, transportation, harboring, or receipt of people for the purposes of slavery, forced labor, and servitude.
The HTC offers students the opportunity to work on both domestic and international human trafficking issues and cases. The HTC provides a range of services, including direct representation of both domestic trafficking victims and foreign nationals trafficked into the United States, advocacy for trafficking victims, and community education and training. The HTC also provides students with the opportunity to learn, practice, and improve essential advocacy skills. Students working in the HTC obtain real-world experience by working on behalf of victims of human trafficking. They also collaborate with a variety of stakeholders, including survivors of human trafficking, law enforcement, government officials, and nongovernmental organizations, to identify solutions to combat human trafficking. Students are responsible, under supervision, for all of the cases and projects within the HTC.
906 Int'l Transactions ClinicInternational Transactions Clinic
The International Transactions Clinic (ITC) will concentrate on teaching students skills that are critically important to their professional development as they enter into practice areas that involve international transactions. These include drafting and negotiation skills as applied to cross-border transactions, exposure to ethical issues that arise in the international commercial context, structuring and documenting investments in enterprises that primarily work in emerging markets, and an understanding of international economic and financial policy.
Students in the ITC are strongly encouraged to participate for two semesters so as to allow them to provide legal support in the negotiation and documentation of multiple international transactions. To the greatest extent possible, students will have significant client exposure in the course of working on transactions, although in some cases due to the international context of these transactions such client exposure may be "virtual" making use of email, skype, and other means of electronic communication.
The transactional work of the ITC will be focused on negotiating and documenting cross-border deals, particularly in emerging markets. In some cases, clients of the ITC might be providers of microfinance (loans, savings, insurance and/or remittances) to microentrepreneurs and other low income households. In other cases, clients of the ITC might be socially responsible investors that want to see their investments provide a double bottomline return, eg making a positive social impact on people's lives while also earning a financial return. Still other clients might be stakeholders interested in promoting business opportunities at the base of the pyramid, such as microfranchises (or those that fund microfranchises) that are developing "business in a box" models to build business skills and offer employment opportunities to poor individuals. Clients also could include international organizations that are helping to build enabling legal and regulatory environments for businesses operating in emerging markets. And, finally, clients might include multinational corporations or other types of business enterprises, such as small or medium entrepreneurs, that are conducting cross-border transactions.
933 Low-Income Taxpayer ClinicStudents in the Low-Income Taxpayer Clinic represent individuals with
federal and state tax controversies through administrative advocacy and
litigation in the United States Tax Court. Students can expect to gain
exposure to a broad range of tax problems, both substantive and procedural,
that will be valuable when working with clients of any income level in the
future. Students also work with community organizations to provide
information about tax issues and taxpayer rights and responsibilities to
individuals who speak English as a second language.
934 Low-Income Taxpayer Clnc FieldStudents in the Low-Income Taxpayer Clinic represent individuals with
federal and state tax controversies through administrative advocacy and
litigation in the United States Tax Court. Students can expect to gain
exposure to a broad range of tax problems, both substantive and procedural,
that will be valuable when working with clients of any income level in the
future. Students also work with community organizations to provide
information about tax issues and taxpayer rights and responsibilities to
individuals who speak English as a second language.
964 Mediation Clinic IStudents will participate in a full Michigan Supreme Court Administrative
Office-approved 40-hour training in facilitative mediation. Students must
be able to participate in all days of this training. After completing
training in late October, students begin mediating actual cases. These
could involve small claims, general civil, landlord-tenant, probate, or
criminal issues. Students are expected to commit at least a half day each
week mediating. The experience is helpful for those who wish to mediate in
their careers as well as those who will focus on representing parties in
conflict.
976 Michigan Innocence ClinicIn this clinic students will investigate and litigate cases on behalf of prisoners with new evidence that may establish that they are actually innocent of the crimes for which they have been convicted. Unlike many other innocence clinics which specialize in DNA exonerations, this clinic's docket will focus on innocence cases where there is no biological evidence to be tested. Students will work on all aspects of the cases, including investigating new evidence, preparing state post-conviction motions, conducting hearings and arguing motions in conjuction with these motions, and filing appeals to the state and federal courts. Since winter 2009 is the first semester that the clinic will be operating, students will also spend much of their time screening and developing new cases.
977 Michigan Innocence Clinic SemIn this clinic students will investigate and litigate cases on behalf of prisoners with new evidence that may establish that they are actually innocent of the crimes for which they have been convicted. Unlike many other innocence clinics which specialize in DNA exonerations, this clinic's docket will focus on innocence cases where there is no biological evidence to be tested. Students will work on all aspects of the cases, including investigating new evidence, preparing state post-conviction motions, conducting hearings and arguing motions in conjuction with these motions, and filing appeals to the state and federal courts. Since winter 2009 is the first semester that the clinic will be operating, students will also spend much of their time screening and developing new cases.
958 Pediatric Advoc ClinicPediatric Advocacy Clinic
Pediatric Advocacy Clinic offers students the opportunity to work on poverty law issues in an innovative collaboration with health providers to offer holistic care and effective advocacy for low-income clients. The Clinic provides a range of services for patients from four health care settings that " together" extend the reach of advocacy to low-income families most in need of legal assistance, including immigrant and Limited English Proficient (primarily Spanish-speaking) families. Casework includes domestic violence and family law, Special Education, public benefits, low-income housing and consumer law. Students will learn a range of advocacy skills, from preventive legal advocacy (focusing on identifying issues at an early stage and on developing creative, multidisciplinary approaches to addressing them) to more traditional litigation skills in both administrative and trial court settings. For more information contact Anne Schroth (schroth@umich.edu).
959 Pediatric Advoc Clinic SemPediatric Advocacy Clinic Seminar
Pediatric Advocacy Clinic Seminar offers students the opportunity to work on poverty law issues in an innovative collaboration with health providers to offer holistic care and effective advocacy for low-income clients. The Clinic provides a range of services for patients from four health care settings that " together " extend the reach of advocacy to low-income families most in need of legal assistance, including immigrant and Limited English Proficient (primarily Spanish-speaking) families. Casework includes domestic violence and family law, Special Education, public benefits, low-income housing and consumer law. Students will learn a range of advocacy skills, from preventive legal advocacy (focusing on identifying issues at an early stage and on developing creative, multidisciplinary approaches to addressing them) to more traditional litigation skills in both administrative and trial court settings. For more information contact Anne Schroth (schroth@umich.edu).
Seminar
804 Advanced Corporate LawAn exploration of recurring issues in corporate law such as federal-state regulation, public and private distinctions, shareholder primacy, director and controlling shareholder duties, liability and indemnification of directors and officers, representative directors, dual classes of stock, poison pills and the meanings of "fairness", "good faith" and "public policy". The legal history of Ford Motor Company will provide examples for discussions. Enterprise organization is a prerequisite.
410 Energy Law and Climate ChangeEnergy Law and Climate Change Policy
In this seminar, we will be learning and discussing the evolving legal issues relating to energy law and clean energy development policy solutions, and the newly emerging law of climate change. This seminar will take place in "real time" while: (1) President Obama and the United States Congress are considering federal climate change solutions legislation; (2) The federal, state and municipal governments are moving to implement the extensive clean energy development policies and financial incentives enacted in late 2008 and early 2009; (3) The private sector is rapidly accelerating investments in cleaner energy and cleaner transportation developments and strategies; and (4) The United States and the global community is preparing for the potentially landmark Copenhagen climate change treaty discussions/negotiations in December 2009.
Course requirements are engaged class participation and a final paper (20-30 page) on a seminar-related topic of the student's choice. There are no prerequisites for the seminar, although a previous environmental law or natural resources law class, and constitutional law and administrative law course(s), will be helpful.
467 Fund of Real Estate TransFundamentals of Real Estate Transactions
The school does not regularly offer a course on Real Estate Transactions, and first-year Property courses routinely ignore the subject for lack of time. This seminar aims to provide at least an introduction to the topic, focusing on Land Transfers (brokers, sales contracts, deeds, and mortgages) and Title Assurance (recording, title registration, and title insurance). There will be
no written paper requirement or writing credit for this seminar. Rather that write papers, students will, with help from the instructor, prepare and lead sessions on one or the other of the topics indicated above. Materials needed to prepare and lead each session will be provided by the instructor.
451 Global ConstitutionalismThe idea of a constitution has dominated the liberal imagination since
the enlightenment. From South Africa to Pakistan, from India to Iran,
every government claiming legitimate rule has one today, even if only
in name. Some scholars suggest that even the EU, the UN, and the WTO
have constitutional status. But what does it mean to have a
constitution? Where does the idea of a constitution come from and how
far can it be stretched? What does the practice of constitutional law
in the United States share with other forms of constitutionalism
around the globe? In what way, for example, does a constitutional
right in the United States differ from a constitutional right elsewhere?
From foundations to the cutting edge, the seminar will explore these
and other questions of constitutionalism around the world. Along the
way, we will also draw on the practical and scholarly expertise of
several international speakers who will join the seminar over the
course of the term.
894 Good Life/Government"What Makes a Good Life? and What Should Government Do About It?"
This seminar is the continuation, under a new title, of a seminar I have given for years called "The One, The Many, and the Good". The change in title reflects the fact that the emphasis has shifted over the years from the political philosophy aspect ("What Should Government Do About It?") to the moral philosophy aspect ("What Makes a Good Life?"). But the questions are the same as they have always been (as they have been, indeed, right back to Plato): What sort of activities and projects and relationships make up a valuable human life, a life worthy of choice by a reflective person with reasonable opportunities? How does one put together and organize such a life? And, on the political side, what is the appropriate role of government in facilitating or encouraging such lives? Is the standard contemporary liberal view that government should be neutral between competing "conceptions of the good" correct? The seminar will read no legal materials and it will eschew all questions of legal doctrine. On the other hand, the sort of issues we will discuss are central to major legal problems, ranging from what mix of uses to allow in national parks to the issue of assisted suicide. We will explore some such issues along the way. The issues for the seminar are also issues each of us confronts in trying to shape a satisfactory life in (or out of) the law. I think of this as a philosophy seminar, but no formal philosophical background is required. What is required is some degree of philosophical temperament - a willingness to try to figure out what to think about questions that most people give up on at about age eight, or regard as unaswerable, or both. Although there may be some readings from philosophical classics (Plato, or Airstotle, or Nietzsche, or Rawls, for example), most of the readins will be novels or memoirs chosen to try to call up a vivid picture of what various sorts of activity or relationship are like from the inside - first-person popular science accounts, memoirs of artists or adventurers or engineers, Sherwin Nuland's "How We Die", Camus' "The Plague", Augustine's "Confessions", that sort of thing (if you can figure out what sort of thing all that is). One of the objects is just to read a variety of good books. The success of the seminar depends utterly on having students who are willing to do the reading as we go and talk about difficult and amorphous questions. I have been fortunate in this regard in the past. There is one paper required, on a topic of your choice connected to the seminar, due the first day of exams. (Incompletes are freely given, but I will want the paper by the official date if you need a grade for a bar or imminent graduation.)
476 Impact Investment LawyeringThis course concerns legal issues associated with transacting investments that are intended to generate social and/or environmental returns in addition to financial returns (also called "impact investments"). Topics include legal issues associated with entity formation, capital structures, due diligence, documentation, monitoring, and workouts of impact investments. Focus will be on cross-border impact investments but much of discussion will be applicable to US-based impact investments too. Students will be expected to present research on these issues and the topics of their papers. Students also will engage in drafting exercises in and outside of class.
886 Impact of Hum Rts on Int LawThe Impact of Human Rights on International Law
The efforts to protect human rights by means of international law
are no less than revolutionary. They have turned states' insides
out in an almost literal sense: The ways in which states treat
their own nationals used to be the very core of "domestic
jurisdiction" in which no foreign state or international
organization was allowed to intervene.But over the last 50 years or
so the relationship between governments and the people under their
authority has turned into a subject of international (also:legal)
concern, ranging from laying down human rights obligations in
treties, the discussion of human rights matters in international
bodies and conferences, public censure and condemnation, the
international "mobilization of shame", to judgments of human rights
courts and sanctions against persistent violators. This development
has had a profound impact not only on international politics but
also on general international law - a body of principles, rules and
procedures traditionally developed to cope with tasks and
challenges arising at the level of inter-state (inter-sovereign)
relations.
The Seminar will analyze in depth the ways in which this
development has manifested itself - and the difficulties to which
it has led - in the most important fields of international law:
international legal personality, the sources of international law,
the law of treaties, state responsibility, jurisdictional
immunities of states, the use of force, and the activities of
international courts and tribunals.
The Seminar will be offered for two credits, with an option of one additional credit point to be acquired by students enrolling in the #800 Seminar Supplement course and writing a more comprehensive paper. Participants must have attended at least one of the following three courses: 606 Transnational Law; 689 Leading Cases in International Law; or 605 Advanced Transnational Law.
827 Intellectual Property WorkshopThe Intellectual Property Workshop will feature presentations from scholars conducting research on intellectual property law and policy. Students will prepare for these sessions by reading the papers to be presented and writing short critiques. The Workshop will also be open to faculty from the Law School and other University departments.
Although there are no prerequisites, priority will be given to students who have previously taken one or more courses in the field of intellectual property.
811 International Project FinanceThis seminar provides an introduction to the basic concepts of project finance, the legal problems that typically arise at various stages of an international project financing and the techniques that are used to resolve these problems. Topics considered may include:
risk identification and mitigation; structure of the project entity and relations among the shareholders or partners; concessions for BOT and similar transactions; arranging and documenting financing from commercial banks, the capital markets and public international lending institutions; inter-creditor issues; security over project assets; design and negotiation of key project documents; environmental and human rights issues; dispute resolution arrangements; and project workouts and restructuring. Some knowledge of cross-border investment or financial transactions would be useful but is not essential.
477 Investor ProtectionIn this seminar, we will engage in an in-depth examination of institutional, legal, and market features that offer protection to investors. We will undertake a critical analysis of these features and explore how investor protection may affect firm valuation, the development of capital markets and economic growth.
835 Law & Econ Development: IndiaLaw & Economic Development: India
This seminar examines the relationship between law and economic development by focusing on one of the largest and fastest growing economies: India. The seminar begins with a brief and general discussion of the role of the law in economic development and canvasses some influential and important theories. We then provide a thumbnail sketch of India and the Indian legal system. We explore the structure of the Indian Constitution - the world?s largest written Constitution - and how the Indian judiciary manages to balance two competing and often opposing images: being one of the most active and independent judiciaries while also being slow, overburdened and occasionally corrupt. Following this the seminar examines specific areas of law and legal reforms in the India that have a significant impact on economic development. These include reforms to intellectual property, labor law, corporate law and financial markets laws, property, infrastructure policy, foreign investment, competition policy, and the role of the public sector. The seminar delves into how these reforms influence economic development and what implications they have for the sectors and regions of the Indian economy. From here the seminar briefly examines some of the experiences in other countries to tease out whether the "emerging" world presents interesting insights into the theories on law and economic development. We then conclude with a discussion of how the experiences in India help to enrich our understanding of the role of law in economic development. The readings for the sessions will span across theoretical, historical, empirical and "black letter" law.
This seminar will involve students from both the University of Michigan Law
School as well as law students from India. The course will involve live
videoconferencing every session.
Students are required to write five (5) memos during the semester examining the readings for 5 different sessions or, in lieu of that and with the prior approval of Professor Khanna, to write a paper examining in depth a topic of relevance to this seminar. Regardless of which option (memos or paper) is chosen, excellent class participation will count towards the final grade.
435 Law Firm Careers/Evolv ProfLaw Firm Careers in an Evolving Profession
This seminar will expose and sensitize students to the myriad real-world considerations that will affect their legal careers in the private practice of law. It will focus on current developments within the legal profession, various law practice management issues, and will explore whether the profession is undergoing transformational change as law firms increasingly adopt business models. During the first two weeks of class students will articulate what they hope to learn about the legal profession and for the remainder of the semester, work closely with their instructor to ensure that learning. Students will read "The Curmudgeon's Guide to Practicing Law" and course materials posted on C-Tools. Leaders within the legal profession will appear as guest lecturers. Grades will be primarily based upon a research paper.
459 Law&Hist:Econ Instit of CapitLaw and the History of Economic Institutions of Capitalism
This seminar will focus on the formation and evolution of commercial law and institutions from the height of the medieval Commercial Revolution to the eve of the French Revolution. In the absence of strong states, how could the law support the rise of anonymous long-distance trade, early entrepreneurial activity and the ascent of financial capitalism? Major topics will consider the legal history of negotiable instruments under the lex mercatoria and codification, the institutions that governed the organization and finance of early trade, the venues for contract enforcement, the regulation of pre-banking financial intermediaries,
the development of payment systems, and the organization of enterprises.
869 Legal Chall for an Aging PopulLegal Challenges for an Aging Population: Law, Policy, and Ethics
This seminar will examine a number of practical problems that arise in the representation of elderly clients as well as public policy issues concerning the rights of the elderly. Subjects to be considered include ethical dilemmas in representing elderly clients, guardianship, elder abuse, rights at the end of life, health and long term care policy, grandparents' rights, and the elderly in the criminal justice system. Many of these issues receive consistent coverage in the media and are the subject of a great deal of current legal and public debate. Readings will include law review and policy articles and class discussion will focus in part on case studies and hypotheticals. A number of guest speakers will make presentations in class. An in-class presentation and a paper are required.
487 Marriage TheoryMarriage is an institution said to be in flux. Its core meaning is hotly contested. Is marriage mainly about the right of individuals to form intimate pairs and enjoy the status recognition provided by the state's apparatus for authorizing and recognizing marital bonds? Or is about constructing community through an institution defined by an essential role in family formation of reproductive pairs? As arguments rage in the United States over what marriage is, the amounts spent on weddings is staggeringly high. At the same, the decline of marriage is a common theme of popular treatments and statistical reports. A cacophony of voices compete to settle the matter: marriage is obsolete, marriage is dangerous and oppressive, marriage is valuable and should be a matter of equal rights, the state should get out of the marriage business, and marriage is an institution with a core meaning tied to reproduction. This seminar will examine the history of marriage as a cultural phenomenon with special attention to the role of the state, individual autonomy, and religious authority as factors in forming marriages. There will be special attention to marriage procedure, with critical examination of the tie of marriage control to place: is geography really marital destiny? Has it ever been, and should it be? What is the role of geographically defined community in marriage? Do states have policy interests in denying recognition to same-sex marriages as more states authorize them? This course will take a critical look at marriage dogma, unexamined assumptions about states and marriage, and, finally, the role of federal courts under U.S. federalism in mediating the lacunae of marriage law and culture.
478 Policing and Public SafetyCourse description is coming soon...
474 Problems in Media LawThis seminar explores complex issues that arise in contemporary media law. We will consider issues in defamation, privacy, infliction of emotional distress, publicity rights, student speech and publications, indecency, obscenity, access to information and governmental institutions, prior restraint, and national security, with a particular emphasis on how the Internet and social media challenge or affirm traditional approaches to these issues and to First Amendment theory more generally. Active class participation will be expected, along with preparation of a five-page exploratory essay and a twenty-five page research paper. A class in First Amendment law is helpful, but not required, background.
843 Refugee Law ReformThis advanced seminar affords students the opportunity to engage directly in the process of conceiving new understandings of international refugee law. Seminar members will act as a collective editorial board to review, debate and refine a draft study on the exclusion of international criminals from refugee status prepared by our external academic expert, Professor Jennifer Bond of the University of Ottawa. Once finalized, this study will form the basis for debates at the winter 2013 Colloquium on Challenges in International Refugee Law. Students interested in being selected to participate in the Colloquium are strongly encouraged to enrol first in Refugee Law Reform. Schedule: The seminar meets on a compressed schedule during the second half of the fall term.
469 Reproductive JusticeReproductive Justice will be a seminar reviewing legal and ethical
issues surrounding decisions about pregnancy and childbirth with a focus
on reproductive injustice issues. We will look mainly at United States
case and statutory law on the rights of women, childbearing issues,
maternal-fetal questions, as well as laws and practices restricting
access to services. We will consider embryonic stem cell issues,
individual rights versus societal standards, autonomy versus medical
standards, post birth accommodations and sexual rights issues. We will
pay special attention to how the law defines "rights" and the difference
between "Women's rights" and "reproductive justice".
We will use legal decisions, statutes and readings to see if/how the
legal system works to resolve conflicts and navigate social policy
issues.
The specific goals are:
1. To understand the impact of major legal decisions and analyze
current questions about reproductive justice issues.
2. To understand relevant social and policy issues and see how the
legal system plays a role in the lives of individuals.
3. To use legal and social policy approaches to help you think
critically about reproductive justice and injustice in our society.
4. To think and write critically about how the legal system helps,
hinders or is neutral on issues of reproductive justice.
5. To determine what the rules are, what you believe they ought to be
(and why) and how to get from ?are? to ?ought?.
6. To analyze legal and ethical materials, discuss positions taken by
partisans in the reproductive justice debates, formulate thoughtful
questions, discuss difficult issues and create new ways of discussing
these issues.
449 Rules of PlayThis seminar operates from the premise that sports and other games are legal systems that present a rich array of legal problems, interesting in their own right and often also interesting because of their analogy to problems that arise in other contexts. Among the topics to be discussed are:
(1) How should competition be structured? For example, what metrics should be used to determine a winner? How (if at all) should ties be broken? What standards should be used for eligibility (for example, in the case of transgendered and "bionic" athletes)?
(2) How should the bounds of acceptable conduct be determined? For example, when should deception or stalling be punished, and when should they be treated as acceptable parts of the game? How should misconduct be punished?
(3) What are appropriate remedies for official errors?
Students taking this seminar must also enroll (either in the same term or in a subsequent term, depending on when they are graduating) in #800 Seminar Supplement for one credit, either in the same term or in another term (depending on when they are graduating). The effect is the same as if this were an ordinary seminar for two credits, but this allows more flexibility in scheduling the completion of papers.
800 Seminar SupplementStudent obtains faculty permission to write a longer seminar paper or do additional work to receive additional credit. Course is taken in conjunction with a specific seminar and in the same term but does not on its own fulfill the seminar requirement for graduation.
Practice Simulation
730 Adv Appellate AdvocacyStudents will intensively examine the practical and theoretical underpinnings of appellate practice -- record development; doctrinal analysis for purposes of argument and defense; litigation theory creation; brief writing and amicus strategies; and oral advocacy. An actual case will be used for simulated practice. The professors anticipates that practitioners and judges will speak with students. The course will meet roughly every other week. In off weeks, students will frequently work with the professor by teleconference on assigned exercises.
612 Alt Dispute ResolutionThis course introduces students to the concepts inherent in resolving disputes while utilizing processes other than traditional litigation. The most basic of these processes is negotiation. A lawyer cannot be a successful negotiator without the development of analytical skills to aid in understanding the totality of the dispute and the underlying interests of the disputing parties. In addition, a lawyer must have an appreciation for interpersonal skills necessary to become effective in communication, trust building and persuasion in an informal setting. Mediation is a somewhat more structured process of dispute resolution in which an outside neutral in engaged by the parties to facilitate the negotiation. Mediation advocacy presents a unique set of challenges not typically confronted by the courtroom advocate. Similarly, the skills required of a mediator are distinctly different from those required of a trial judge. Arbitration, summary jury trials and mini-trials are examples of other forms of alternative dispute resolution processes which are designed to enable parties to resolve disputes more quickly and inexpensively.
Using case books and related materials, Jonathan Harr?s A Civil Action (Vintage paperback edition), and running simulation exercises, students will develop an understanding of these alternative dispute resolution processes, will learn to confront both strategic and ethical challenges presented in these exercises and to acquire the analytical and interpersonal skills necessary to effectively assist clients to resolve disputes without litigation. Students will learn to serve as an advocate in mediation, as a mediator and as an arbitrator of simulated disputes. In addition, we will consider issues of public policy dealing with judicial reform of dispute resolution processes.
448 Business PlanningThis practice/simulation course will cover the entrepreneurial business, from its inception to its end -- by dissolution, liquidation, merger or public offering. Like Gaul, the course will be divided into three parts, which will be covered and interfaced with each other on a continuing basis -- state enterprise law,
Federal income tax law and enterprise documentation. The range of subjects will include the choice of entity (partnership vs. corporation), tax implications (equity vs. debt), bringing in others (investors, key employees, independent contractors), protecting the enterprise (covenants not to compete or solicit business or customers, protection of intellectual property and confidential information), expanding the business (form and format for subsidiaries and affiliates, acquisitions and joint ventures) and mergers, consolidations and public offerings.
479 Collective Bargain&ArbitrationCollective Bargain ing & Arbitration
Course description is coming soon...
662 Elements of AdvocacyElements of Advocacy: Preparing, Prosecuting and Defending a Civil Rights Case
This course involves intensive instruction in developing a case theory, organizing and presenting facts and selected exercises in case preparation and trial skills. Topics to be covered may include drafting of complaints; oral argument; deposition; direct and cross examination; opening and closing arguments.
411 Entrepreneurial Bus PracticumEntrepreneurial Business Practicum
The course focuses on the lawyer's role as an advisor to entrepreneurial businesses and their owners. We will use case studies to examine a broad range of structural planning issues with emphasis on creative planning strategies and pitfalls. We will examine the various forms of entrepreneurial businesses, covering issues including co-ownership planning, enterprise funding, choice of entity, owner compensation, structuring profit and capital interests and exit and business transition planning. The course is designed to broaden the student?s substantive knowledge of a broad range of legal issues affecting the entrepreneurial business and to help the student develop strategic planning skills as well as the ability to effectively communicate with the entrepreneurial business leader.
During the first six weeks of the course, graduate level engineering students who are interested in pursuing entrepreneurial business ventures will participate in the class. During this period students will work in groups integrating the law and engineering students and we will cover the basic areas of ownership planning, choice of entity, enterprise funding, capital structure and compensation. During the second half of the semester the course will be limited to law students. During this portion of the class the issues covered will include the ethical challenges in representing an entrepreneurial business, a more in depth examination of the legal issues in capital formation and structure, drafting considerations and implementation mechanics. The course will also feature several guest speakers.
Students will be required to make presentations to the class on case studies, identifying the challenges and potential solutions raised by the case. There will be several written assignments but no final exam.
628 Environmental ADREnvironmental Alternative Dispute Resolution
Environmental Dispute Resolution ("EDR") is designed to acquaint the student with the process of negotiating and mediating environmental disputes and to develop both the skills of negotiating as well as an understanding of what is necessary for a successful resolution of such disputes. EDR is different from most other negotiations because it typically involves multiple parties who have an interest in the outcome and because it requires the utilization of scientific information from which scientific predictions may be at least challenging or impossible to make.
We will explore the complexities of EDR by discussing observations of leaders in the field, by studying actual negotiated and mediated cases and discussing why or why not these disputes were successfully resolved. By using the lessons learned from these cases as a framework, we will begin to negotiate environmental disputes arising from simulated fact patterns. We will discuss the effectiveness of negotiation techniques and address the nuances that arise from power imbalance and commonly occurring political implications. We will evaluate whether resolution by compromise necessarily achieves environmental justice and we will discuss ethical issues that arise in EDR negotiations. The course will conclude with a Term Paper based upon your role in preparing for and experience in negotiating a resolution of a case simulation.
428 Evidence PracticumThe course will focus on the effective and strategic use of the Rules of Evidence in litigation. We will look in-depth at several critical areas of evidence, including impeachment, hearsay, expert testimony and privileges. Our study will include both drafting exercises (motions to admit or exclude various pieces of evidence) as well as courtroom based scenarios in which students will have to dissect and apply the various Rules. The goal of the course is for students to have a functional mastery of several critical (and challenging) areas of evidence, preparing them for future work as litigators.
429 Federal Prosecution & DefenseFederal Procecution and Defense
The practice/simulation course introduces students to the major categories of federal criminal investigations -- public corruption, national security,
organized crime, economic crime, drug and firearm offenses, and child
exploitation -- to the law enforcement agencies that conduct these
investigations, to the techniques they use (e.g. electronic
surveillance, search warrants, and informants) and to the front-line
constitutional issues at stake. The course then turns to the role of the
prosecutor, focusing on the critical strategic decisions made by
assistant United States attorneys during grand jury investigations, plea
negotiations, trial, and sentencing. Caselaw and statutory materials are
supplemented by guest lectures and panel discussions that include
representatives from the principle federal law enforcement agencies --
FBI, ATF, DEA, ICE, and Secret Service -- as well as transcripts from
recent prosecutions in the Eastern District of Michigan. Students will
draft search warrants and indictments, argue from both the government
and defense perspective in mock detention and sentencing hearings,
negotiate plea agreements, calculate sentencing guidelines, and conduct
voir dire, as well as observe first-hand ongoing federal criminal cases
in Ann Arbor and Detroit.
430 Fund of Appellate PracticeFundamentals of Appellate Advocacy
This class will focus intensively on improving students' skills as written and oral advocates. Most of the course readings address these topics directly, although some of the readings are not specifically legal. We will spent a great deal of time discussing the fine points of effective writing, e.g., the rules set forth on pages 1-33 of The Elements of Style. Students who become bored with this sort of thing should probably not take this class. The students will also work fairly hard for their credits. Each student will brief and orally argue three cases over the course of the class. The briefs typically run 10-15 pages each. Judge Kethledge presides over the oral arguments and provides extensive (but constructive) criticism of each student's briefing and argument. The course also discusses judicial decision-making to the extent relevant to effective advocacy.
489 IP StrategyIntellectual Property Strategy
The course examines intellectual property strategies for startup ventures, including building barriers to entry for competitors and reducing the risk of infringement issues. Topics will include an overview of patent, copyright, trademark, and trade secret law as they relate to all stages of entrepreneurial ventures--from the invention stage, to entity formation and financing, through exit. The course will also address intellectual property procurement (e.g., patent prosecution), technology transfer, due diligence, as well as preparing for and avoiding litigation. This course does not require students to have a technical background, although students should have an interest in launching or representing ventures based on technical innovation.
408 Litigation StrategyThe main goal of this course is to prepare law students, whether they go into private practice or work in-house (as a corporate lawyer, patent attorney or litigator), whether they go on to clerk, or whatever legal career they select, to think about how each decision taken in a litigation must be reconciled with the overall goals.
The course will focus on litigation strategy, with a special emphasis on current developments in the law and technology concerning electronic discovery. Using cases and case studies, we will examine in detail strategic issues that arise in connection with all phases of litigation (including not only civil litigation but responses to civil or criminal regulatory inquiries). We will examine the strategic issues that should be addressed in connection with, among others: (a) conducting an internal investigation and responding to a regulatory request, (b) advising a client (from an in-house and outside counsel perspective) on document preservation and litigation hold issues, (c) plotting a course of action in discovery, including document demands, protective orders, depositions (with a particular focus on understanding the connection between depositions and ultimate motions for summary judgment or use of the deposition testimony or related exhibits at trial), and (d) dealing with electronic discovery issues which are now a common focus of all aspects of any litigation.
The course will include a mix of case review, case studies and individual and group projects, which may include one "48 hour" exercise (at an agreed upon time). During the 48 hour exercise, students, working in small groups of two or more (depending on enrollment) will receive a request (from a client, from an adversary, from the court) on a specific issue and will be required to prepare and present their advice or response to the request.
495 Negot Entrepreneurial IssuesNegotiating Entrepreneurial Issues
Starting a new enterprise is more than having a good idea. Negotiation skills for entrepreneurs are critically important to a startup's success. Entrepreneurs and their legal counsel must negotiate at various points during the startup or the idea may never get actualized. Whether it is settling on an innovative product or service, selecting partners, determining the prices of goods or services, dealing with vendors and leases, bank loan terms and conditions, investor issues, intellectual property rights, and more, entrepreneurs and their attorneys must learn to negotiate successfully or risk failure. This course will explore negotiation in the entrepreneurial framework along with the legal ramifications and typical solutions and milestones throughout the entrepreneurial journey.
457 Nuts /Bolts of Estate PlanningNuts and Bolts of Estate Planning
The only certainties in life, they say, are death and taxes. Estate planning addresses both. Regardless of the area of law you decide to pursue, a basic understanding of estate planning will prove invaluable in developing client relationships.
This course will provide students with a basic overview of the applicable laws, including the law of intestacy, wills, trusts, joint ownership, beneficiary designations, planning for incapacity, and a high level introduction to federal estate and gift tax. The class sessions will include discussion and lectures on the substantive law, working with clients, and the structure and drafting of basic estate planning devices, including wills and trusts. We will use a case study approach involving hypothetical clients ranging from unmarried young adults, to married and unmarried couples, with and without children, to elderly adults. Emphasis will be on learning to work with clients and writing exercises involving the drafting of documents to achieve client objectives.
432 Tax Plan for Real Estate TransTax Planning for Real Estate Transactions
This practice/simulation course will deal with the tax planning
related to real estate transactions, including particularly the choice
of entity and the acquisition, development, operation and sale or
other disposition of real estate. Within this context, we will discuss
a number of issues, including capitalization vs. deductibility of
expenses, deferring gain on disposition through various techniques,
creative financing in today's markets and the consequences of troubled
real estate.
433 Transactional DraftingIn this practice/simulation course, students will begin to develop the legal skills needed to represent clients in business transactions. Among other things, the seminar covers translating the client's business objectives into legal concepts, and then incorporating those concepts into the actual language of an agreement in clear, consistent, and concise manner. Students will learn how to analyze a contract from the client's perspective, with an eye to advancing the client's interests and protecting the client as much as possible from risk. The practice/simulation course also identifies how attorneys can use drafting techniques to solve problems that arise while a deal is being done. Students will engage in simulations and exercises in class, and undertake drafting assignments outside of class.
753 Trial PracticeThis course is designed to familiarize students with the basics of trial advocacy, and provide exposure to actual courtroom advocacy. To that end, the class is held in the Washtenaw County Courthouse, and students will receive an orientation to the mechanics of trial practice (motion practice, scheduling orders, case evaluation, alternative dispute resolution, settlement conferences, etc.) as background to the simulated trial tasks. Those trial tasks focus on the chronological development of a trial: jury selection; opening statement; direct examination; exhibits; objections; cross examination; impeachment and rehabilitation; experts and closing arguments. Individual critique will be provided each week by the instructor. At the end of the semester, each student team will participate in a jury trial, either against two of their classmates, or against Trial Practice students from another Law School. At that time they will receive individual critique from the jury and practicing attorneys, magistrates or judges who will serve as Judges in the trial.
Judge Connors
488 Venture Finance Law&BusinessCourse description is coming...