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Winter 2013 Course Descriptions

As of 9/1/2014 4:14:34 AM

Clinic

980   Advanced Clinical Law

This 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 Clinic

The 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 Seminar

The 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 I

The 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 Sem

The 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 Clinic

Community 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 Sem

Community 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 Practice

This 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 Field

This 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.

967   Domestic Rltns Mediation Clin

Domestic Relations Mediation Clinic

Students will participate in a full Michigan Supreme Court Administrative Office-approved 48-hour training in the facilitative mediation of domestic relations disputes. Students must be able to participate in all days of this training. After completing training in early February, students begin mediating actual cases. These will involve custody, visitation, and move-away disputes through the Washtenaw County Circuit Court. 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. Learning to mediate will vastly improve any lawyer's critical skills in interviewing, counseling, advocacy, and negotiation.

968   Domestic Rltns Mediation Sem

Domestic Relations Mediation Seminar

Students will participate in a full Michigan Supreme Court Administrative Office-approved 48-hour training in the facilitative mediation of domestic relations disputes. Students must be able to participate in all days of this training. After completing training in early February, students begin mediating actual cases. These will involve custody, visitation, and move-away disputes through the Washtenaw County Circuit Court. 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. Learning to mediate will vastly improve any lawyer's critical skills in interviewing, counseling, advocacy, and negotiation.

993   Entrepreneurship Clinic

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.

994   Entrepreneurship Clinic Sem

Entrepreneurship 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 Clinic

The 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 Clnc

Federal 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 Clinic

The 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 Sem

The 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.

907   Int'l Transactions Clinic

International 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.

952   Juvenile Justice Clinic

In the Juvenile Justice Clinic, students will represent minors charged with violations of the criminal law and status offenses in Michigan's family courts. While primarily a litigation clinic, students may from time-to-time handle appellate matters and may be involved in public policy issues such as analyzing proposed legislation.

In the course of clinic, students will develop litigation skills including case investigation, trial preparation, and presenting evidence and argument in the courtroom. Casework, which is supervised by a clinical professor, may involve client interviewing and counseling, legal research and motion drafting, negotiation with prosecuting authorities, and courtroom presentation of the case. In addition to trial advocacy and casework, classroom sessions will also focus on legal ethics, the basics of child development and other topics.

953   Juvenile Justice Clinic Sem

Juvenile Justice Clinic Seminar

In the Juvenile Justice Clinic, students will represent minors charged with violations of the criminal law and status offenses in Michigan's family courts. While primarily a litigation clinic, students may from time-to-time handle appellate matters and may be involved in public policy issues such as analyzing proposed legislation.

In the course of clinic, students will develop litigation skills including case investigation, trial preparation, and presenting evidence and argument in the courtroom. Casework, which is supervised by a clinical professor, may involve client interviewing and counseling, legal research and motion drafting, negotiation with prosecuting authorities, and courtroom presentation of the case. In addition to trial advocacy and casework, classroom sessions will also focus on legal ethics, the basics of child development and other topics.

976   Michigan Innocence Clinic

In 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 Sem

In 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 Clinic

Pediatric 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 Sem

Pediatric 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).

933   Tax Clinic

Students in the Tax 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   Tax Clinic Field

Students in the Tax 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.

Seminar

840   Advanced Environ Law

This seminar will examine advanced environmental law topics at the forefront of current policy debates about how we balance the needs of environmental protection in an industrialized society. The seminar will include an in-depth consideration of the law and policy concerning global climate change. Other topics that may be addressed include the controversy surrounding mountaintop mining removal, the Gulf oil spill, and selected cross-cutting issues in environmental regulation and enforcement. Students can take the seminar for either 2 or 3 credits. Everyone in the class will participate in a group presentation, present an 8-10 page seminar paper, and complete a 4-5 page reaction paper. Those taking the seminar for 3 credits also must prepare a final paper regarding one of the issues covered during the semester or another advanced environmental law topic. Students must previously complete either Environmental Law or Environmental Law and Policy (or an equivalent environmental law survey course).

809   Anatomy of a Deal

An introduction to business combinations, with particular emphasis on the practical aspects of (1) a merger involving two publicly traded entities and (2) an acquisition of assets by one public entity of another public entity, including the following: strategic planning/reasons for the transactions; obligations/rights of various constituencies; due diligence; analysis of merger and acquisition documentation; drafting and negotiation of various terms of merger and acquisition agreements and of certain documentation relating thereto; principal legal concerns; and conditions to consummation, both legal and contractual.

484   Antitrust & IP: Google v. MSFT

The Antitrust and IP Battles to Control the Internet with a Focus on Apple, Google and Microsoft

The purpose of this seminar is to discuss the fierce antitrust and IP battles that have taken place in recent years between large high tech firms. We will discuss the main issues of contention in the high tech field (online search and search advertising, the licensing of standard essential patents, etc.), and the cases these issues have generated in the US, but also in other parts of the world. The focus will be on cases involving Apple, Google and Microsoft. No background in antitrust and IP is needed.

480   Boilerplate:Reg of Adhes Contr

Boilerplate: Legal Regulation of Adhesion Contracts

Contracts of adhesion, known as boilerplate, are pervasive in contemporary life. Yet mass-market boilerplate, which we hardly ever read, is problematic from the point of view of the underlying theory of contract, which involves agreement to a bargained-for exchange between two parties. In this seminar we examine the theories, practices, and legal status of boilerplate. How does boilerplate square with contract theory? Is enforcement of boilerplate justified by some version of consent by recipients? By economic efficiency? Is widespread use of boilerplate harmful to the rule of law and democratic ordering? Should boilerplate used between commercial parties be treated differently from boilerplate between a firm and consumers? How can we tell the difference between ?good? and ?bad? boilerplate? We will review current legal regulation of boilerplate, and consider possible new methods of boilerplate evaluation and oversight, including possible market and user initiatives, regulatory interventions, and improvement of adjudication.

463   Civil Rights/Homeland Security

Civil Rights and Homeland Security

This seminar examines diverse civil rights and civil liberties issues raised by homeland security activities relating to immigration; domestic terrorism; transportation security; and, depending on the interests of the students, disaster preparedness, recovery, and response. For example, the class will explore border and airport screening, suspicious activity reporting, the involvement of state and local law enforcement officials in immigration enforcement, and other similar topics. (Some of the coverage is flexible; interests of members of the class will be taken into account.) Students are expected to participate actively in all seminar sessions, and each student will write two very short response papers during the term, and one substantial research paper at the end of the term. The research paper will address the legal and policy issues raised by one homeland security policy choice or activity.

412   Collat Conseq of Crim Conv

Collateral Coinsequences of Criminal Convictions

The consequences of a criminal conviction do not end with the completion of the sentence. Convicted offenders face a vast web of ?collateral? legal consequences?loss of government benefits, occupational restrictions, registration and notification requirements, residency restrictions, and deportation, among others?as well as social stigma and disadvantages in private employment and housing markets. In addition, a range of other legal and policy tools (from traditional parole to recent innovations in the ?reentry? field) seek to reduce recidivism rates generally, and in particular to manage the transition of former prisoners into the community. This seminar will assess these laws and policies, their impact on individuals, families, and communities, and their public safety justifications.

The seminar?s approach is decidedly interdisciplinary. We will begin with a legal overview of the collateral consequences of convictions and an evaluation of the (mostly constitutional) theories under which they have been challenged in courts. After that, the class will largely be social science-driven, focused on empirical assessment of the costs and benefits of these policies. One of the objectives of the class is to build students? ability to read, understand, and critically evaluate quantitative research?an important skill for lawyers (courts, regulators, and legislatures constantly cite such studies), but often an underdeveloped one. You need not have any prior training in quantitative methods, but you do need to be enthusiastic about learning about them! Grades will be based on class participation and a final 25-page paper, and student papers will be discussed in class during the last weeks.

848   Colloquium on Int Refugee Law

Colloquium on Challenges in International Refugee Law

This advanced seminar provides students with a unique opportunity to work collaboratively with a group of leading experts from around the world to debate a Background Study, and to devise guidelines to resolve a cutting-edge concern in international refugee law. The culmination of the shared research endeavor is the Sixth Colloquium on Challenges in International Refugee Law, provisionally to be convened in Ann Arbor on March 22-24, 2013, in which students meet with the expert collaborators. The substantive focus of the winter 2013 Colloquium is the exclusion of "terrorists" and other persons suspected of international criminality from Convention refugee status. In preparation for the Colloquium, students will carefully analyze the Expert Commentaries on the Background Study received from the experts slated to attend the Colloquium. Students will then assist to define the most fruitful subjects for discussion with our expert collaborators; devise a detailed agenda for the Colloquium; participate in the formal Colloquium discussions; and, based on consensus achieved at the Colloquium, draft proposed "Michigan Guidelines on the Exclusion of International Criminals" for the consideration of our expert collaborators. Once approved by them, the Guidelines will be published and broadly disseminated, with a view to encouraging a more coherent and principled application of relevant international refugee law standards.

471   Disability Law

In this seminar, we will engage in an in-depth examination--from a legal, normative, and policy-design perspective--of our nation's emerging legal response to disability. We will examine a number of important areas in which disability rights law has been controversial. Topics may include: the definition of 'disability' for purposes of disability rights and disability benefits law; the normative underpinnings of the ADA's mandate of 'reasonable accommodation'; possible explanations for the apparent ineffectiveness of the ADA in improving the employment rate of people with disabilities and potential alternative disability employment policies; the application of anti-discrimination and accommodation norms to various primary/secondary and higher education settings; the institutionalization and de-institutionalization of people with mental disabilities; and the application of disability discrimination law to medical treatment decisions. Grades will be based on classroom participation and a seminar paper.

805   Environmental Justice

In this seminar we will explore the intersection of social justice and environmental protection. The environmental justice movement coalesced in the early 1980's around allegations that facilities posing environmental risks were disproportionately located in poor communities and communities of color. The movement gained national attention when the United States General Accounting Office and the United Church of Christ Commission for Racial Justice released studies showing a correlation between hazardous waste sites, people of color, and the poor. The Church of Christ study found that race was the most significant factor in predicting the location of a commercial hazardous waste facility; the next most significant factor was income. Controversy--and criticism of the studies--ensued.

From these beginnings, we will discuss both the theoretical and practical questions surrounding environmental justice. What types of justice are sought and how can they be measured? How does the environmental justice approach differ from the approach taken by the "traditional" environmental movement? What kinds of strategies and tools (both legal and non-legal) have been employed, and have they been successful? How have federal and state governments responded to environmental justice concerns?

Finally, we will consider how the principles of environmental justice have been applied to the pressing issue of climate change.

426   Evolution of Gender Crimes

The Evolution of Gender Crimes

This seminar in international law traces the development of what are now called "gender crimes" from their early roots in international humanitarian law and criminal law, where they were not explicitly recognized as such, through conceptual analyses as sex- or gender-based, to prominent advances in human rights including in the regional human rights systems and international ad hoc tribunals (ICTY, ICTR, SCSL in particular), to their current apex form in the Rome Statute (2000) of the International Criminal Court (ICC) as war crimes, crimes against humanity, and genocide. Special attention will be paid to the way gender is obscured or mainstreamed in crimes of violence, and how encompassing the realities of gender-based atrocities in substantive law affects and shapes various technical rubrics such as investigation, preventive relocation, witness "proofing"/preparation, modes of liability, confidentiality, and victim/witness participation. The first half of the seminar will scrutinize historical settings, including the Nuremberg Trials and the Tokyo Trials; the second half will delve into breaking developments in current cases, including those being prosecuted before the ICC.

This seminar is taught by Professor Catharine A. MacKinnon (also Special Gender Advisor to the Prosecutor of the International Criminal Court) and Professor Christine Chinkin (Overseas Affiliated Faculty, London School of Economics)

826   Fair Housing Law & Policy

"It is the policy of the United States, within constitutional limitations, to provide fair housing throughout the United States." Fair Housing Act, 42 U.S..C. 3601.

This seminar will study the federal Fair Housing Act (as well as similar state and local laws) and provide a perspective, both current and historical, on housing discrimination and how effectively fair housing laws have met their stated goals and have addressed discrimination in housing sales and rental, mortgage lending, and appraisal markets. This course will examine the unmet challenge of racial integration, with a special emphasis on the Detroit metropolitan area, which for thirty years has been one of the most racially segregated areas in this country. The seminar will consider ways in which discrimination distorts the marketplace and reinforces inequalities based on race, color, religion, national origin, gender, familial status, and other classes. We will also look at housing issues that are specific to the mentally and physically disabled, as well as the effects of sprawl on the environment and our lives.

818   Faking It

What I am after is the myriad circumstances in which we are not quite sure we are sufficiently immersed in the roles we are playing. You smile politely at a person you loathe, you feign interest in whining complaints of your friends, you go through all the moves of grieving, being in love, etc, etc and are still not sure all of you is there; you feel, in other words, that you are acting, playing a role, and because that feeling intrudes, you wonder why you cannot more fully lose yourself in the moment. No, you don't feel this way all the time, but you fear the feeling when it comes, because you feel it might blow your cover. And there are times when you wonder who or what you are amidst all the various roles you are asked to play, from mourner, to lover, to barely competent lawyer. Some people we feel might too fully immerse themselves in the roles they play, losing a kind of charm we feel resides in irony and certain forms of humor. From whence these kinds of anxieties? I want to discuss issues ranging variously among hypocrisy, politeness, courtship, apology, flattery, praise, self-deception, ritual observance, propriety and emotion display. In other words more issues than we can really handle adequately. Some readings: Goffman, The Presentation of Self in Everyday Life, Relations in Public; 12th Night, Hamlet, Notes from the Underground; Smith, Theory of Moral Sentiments; Diderot, Paradox of Acting, perhaps some of the literature on passing.

817   Fed Sentencing: Evol&Dynamics

Federal Sentencing: Its Evolution and Dynamics

The Sentencing Reform Act of 1984 requires sentencing judges to select a sentence "sufficient, but not greater than necessary" to achieve the goals of 18 U.S.C. ? 3553(a)(2).

We will examine the evolution of federal sentencing over the last forty years. The Sentencing Reform Act of 1984 will be a focal point as we explore its impact on the course of sentencing. The seminar will consider sentencing within the framework of the Sixth Amendment; mitigating factors; disparity within federal sentences and disparity between state and federal sentences; the equities and application of the death penalty and whether the goal of deterrence is served by capital punishment; the role of judicial discretion and appellate oversight; the effect of greater knowledge concerning what motivates and controls criminal behavior, on sentencing policies; the role of presidential pardons and commutations of sentences on judicial determinations of sufficient sentences; and, policy solutions to the reduction of the prison population. The seminar will have as its underlying theme, the continuing struggle that exists to achieve just, effective and constitutional sentences.

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.)

886   Impact of Hum Rts on Int Law

The 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.

857   Income Tax Treaties

This seminar will compare the OECD, UN and US model income tax treaties from both a policy and practice perspective, and discuss current challenges to the international tax regime and whether the bilateral tax treaty network can meet these challenges. Students will be expected to actively participate and present their work comparing the three models.

481   Innocent Defendants

The Prosecution, Conviction and Exoneration of Innocent Criminal Defendants

Hundreds of innocent defendants who were convicted of serious crimes have been exonerated and released from prison in the United States in the past few decades, and the pace of exonerations is growing. These cases have had a proufound effect on the criminal justice system, touching everything from the procedures for obtaining eyewitness identifications and conducting interrogations, to the use of forensic evidence in arson and "shaken baby" cases, to the retention or abolition of the death penalty. This seminar will focus on what we have learned about the conviction and exoneration of innocent defendants and where we may be heading. It will be organized in part around the information that has recently been made available by the National Registry of Exonerations, exonerationregistry.org.

485   International Law & Security

This seminar will identify the different bases of contemporary insecurity and examine the legal regimes developed by international law to enhance security against violence, focusing on state security, collective security and individual security. It will outline the principal objectives and frameworks for these diverse legal regimes and the (often confrontational) inter-relationship between them (for example the jus ad bellum, including the responsibility to protect; jus in bello; international criminal law; human rights law; refugee law; weapons law; 'humanity's law'). It will also examine the strengths and weaknesses of each from the standpoint of security and how international law may in fact legitimise violence and thus contribute to insecurity. It will suggest that what is needed is a new understanding of what might be called 'a law of peace' based on a 'worldwide educational dialogue, multicultural in nature, to encourage a new vision of a security environment that makes the strengthening of the international legal order a categorical imperative.' In this civil society has an important role to play in convincing state leaders to perceive security in broad human security terms based upon both freedom from fear and freedom from want.

419   Investor Litigaton

An investigation of the remedies available to defrauded or disappointed securities investors. Topics will include shareholder derivative and class actions, claims against brokers and investment advisers, the role of institutional investors, and lawyers and their fees. There will be guest appearances by trial lawyers and business and institutional investor representatives.

861   Law and Economics Workshop

All seminar participants will attend the Law and Economics Workshop, a series of afternoon presentations by leading scholars from around the country who are engaged in research at the intersection of law and economics. The Workshop is also attended by faculty members from the Law School, the Business School, and the Economics Department. In advance of each session, students will read the paper to be presented and prepare a two- or three-page critique. No background in Economics or in Law and Economics is required.

482   Law and Theology

This seminar explores the ways in which the problems considered, analytical techniques used, and conceptual models developed by theologians can provide useful insights to students of the law. Specific subjects addressed may vary depending upon the backgrounds and interests of class participants, contemporary legal developments, and the availability of guest speakers, but are likely to include: identifying and defining sources of authority; the interpretation of complex texts composed by multiple authors; the significance of ritual; the tension between justice and mercy; the importance of storytelling; and the role of mystery. Active class participation and preparation of a research paper will be required.

435   Law Firm Careers/Evolv Prof

Law 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.

851   Legal History Workshop

The Legal History Workshop features presentations by leading scholars from around the country who work in this interdisciplinary field. It will be attended by faculty from the Law School as well as a number of other University departments. Presentations will situate legal developments in social, political, intellectual, and cultural context, exploring a range of substantive and methodological questions arising in the course of legal-historical work. The papers will address historical questions at the intersection of law and society, especially the relationship of law and modernity. Students receiving academic credit for the workshop are not required to have a background in history--just a strong interest in learning about legal history and in taking part in the kind of enterprise this seminar represents; they will be full participants in the sessions and will be expected to prepare short critiques of the presented scholarly papers.

491   Moral Issues in Crim Law

Moral Issues in the Criminal Law

This seminar takes a philosophical approach to moral issues central to the criminal law. Topics will include the justification of punishment and the scope and limits of the criminal law.

483   Oil and Gas Law

The BP oil spill. The Keystone XL pipeline. Hydraulic fracturing (?fracking?) of wells. Gas prices up. Gas prices down. In the last few years, the headlines have been filled with stories about oil and natural gas. Production in the U.S. is rising. After years of decline, domestic production of crude oil could increase by as much as 42% by 2035, according to the U.S. Energy Information Administration. Meanwhile, domestic production of natural gas is expected to make the U.S. a net exporter rather than a net importer within ten years. What is the legal framework governing the production, transportation, and use of these hydrocarbons? And how does that legal framework affect the economy and the environment? This seminar explores the intersection of energy and environmental policy in the context of oil and gas law. We will begin by reviewing the traditional law of property interests in oil and gas, conveyances, and leases. We will then examine select legal and policy issues involving the drilling and completion of wells (including the technique of hydraulic fracturing), offshore development, transportation through pipelines, refining, and energy use. As time allows, we will also consider the international context.

893   Presidential Power

This seminar will focus on the constitutional power of the President and the way that power is, or ought to be, subject to control by Congress or the Judiciary. The course will examine the powers of the President in historical and contemporary contexts, focusing on topics such as presidential control of the executive branch ("the Unitary Executive Theory"), the "protective" power of the presidency, and the role of the presidency in matters of foreign policy and national security.

834   Problems in Const'l Theory

Problems in Constitutional Theory

This seminar will explore the nature of constitutionality in the American legal system. What is the difference between a constitutional proposition and a non-constitutional proposition? On a certain lay understanding, a constitutional proposition would be (1) grounded in the written Constitution, (2) fundamental to the legal system, (3) entrenched against change except through Article V amendment, and (4) enforceable by the courts. But in fact, many constitutional propositions lack one or more of these characteristics, and none of these characteristics describes all propositions that properly socialized American lawyers call "constitutional." This seminar will investigate this puzzle, aiming to discern the scope and content of what we might call the "operative constitution." Key issues include the role of the written Constitution, the nature of entrenchment, and the possibility of implications for constitutional decisionmaking. Each student in the seminar will be required to write two short papers and one longer paper. The short papers, which shall not exceed five pages, will address the reading in particular weeks and will be circulated to all members of the seminar in advance of the relevant week's discussion. The longer paper, which shall not exceed 20 pages, will be due at the end of the semester. The longer paper must be original work, meaning that it must either contain an original argument or else support a known argument in a new way.

825   Public Interest Advocacy

The seminar examines the uses of litigation to effectuate social change in conjunction with other methodologies such as grassroots organizing, public education and legislative lobbying. Students will undertake exercises designed to simulate actual case settings involving large scale social problems. Because there will be some overlap with the nature of coursework in the public interest litigation seminar, students should elect one course or the other. Recommended for 2l's and 3l's.

807   Public Interest Litigation

This course examines issues of public interest and federal civil rights litigation relating to litigation of contemporary social problems. Emphasis will be placed upon techniques of identifying these problems, developing litigation strategies, and related political and ethical concerns. Students will receive actual or simulated case backgrounds, based upon actual litigation, and will be asked to draft complaints, develop discovery plans, plot tactics, and prepare and conduct depositions and cross-examinations. Areas to be considered will include racism in the 90s, urban unrest, environmental inner city concerns, police misconduct, childrens rights, and voting rights. Some substantive law will be taught.

865   Selec Tpcs in Fed Jurisdiction

This seminar will explore the statutory and constitutional rules governing the federal courts? jurisdiction in cases involving questions of federal law. The goal of the course will be to paint a rich picture of whether and how the state and federal courts differ from one another and to explore the ramifications of competing conceptions of the federal courts for the establishment of jurisdictional policy. Our study of statutory federal question jurisdiction will focus on the ?parity hypothesis,? which posits that state and federal courts are more or less fungible when it comes to the interpretation of federal law. Our study of the relevant constitutional rules will focus on whether Congress ought to have power to confer jurisdiction on the federal courts in cases that fall outside the limits enumerated in Article III, ? 2 of the Constitution.

800   Seminar Supplement

Student 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.

400   State Supreme Court Elections

In this seminar we will study the process by which most states select justices of their supreme courts and the potential consequences of alternative judicial selection processes. In particular, we will examine different types of judicial elections, as compared to appointment methods of selection. The seminar will explore issues surrounding campaign finance, party nominations, and the media. We will also consider whether and how alternative systems of judicial selection affect quality, and how any relationship between judicial selection and the strength of the bench might be assessed. We will use Michigan's system, and recent state supreme court election, as a central case study. Active student participation will be required.

813   Supreme Court Litigation

This seminar will focus on ten cases pending before the United States Supreme Court in the current Term. Exact assignments will vary from student to student, but each student will do at least: one oral argument, one second-chair to an oral advocate, two stints as a Justice hearing argument (and writing an opinion), and two stints as a law clerk assigned to a specific Justice (responsible for a bench memo and advice after argument). The first part of most class hours will consist of oral argument on a particular case, based on the actual briefs and opinions below; the second hour will include comment and discussion of the argument, and the case. We will meet on several Friday mornings for "issuance of the opinions" by the Justices and discussion of the results. We will focus on litigation strategy and persuasive writing, but also on the substance of the cases under review.

450   Thinking Law/Ancient Cultures

Thinking Law in Ancient Cultures and Religion

How did people in the ancient and early medieval past think about law? What does thinking about, and with, ancient legal sources do for our contemporary notions of law? How should we think about law across different cultural, geographical and temporal contexts? In this seminar, we will approach such questions through the lenses of (ancient and modern) legal theory and through the comparative study of ancient legal systems including those of Chinese, Hindu, Buddhist, Near Eastern, Jewish, Greek and Roman cultures.

We will ask about what light contemporary legal theory sheds on pre-modern legal cultures, and conversely, we will test/rethink modern and contemporary theories of law and jurisprudence as we examine different cultural historical instantiations of law and legal theory. Our analysis will focus on particular legal cultures in terms of their substantive law (what areas are considered to be within the legal realm) and also in terms of how these legal cultures conceptualize their own authority, sources, and notions of "law."

The course is open to those interested in law, comparative law, legal history, legal theory, political theory, religion, or ancient and medieval history and culture.

490   Topics in Education Law

In this seminar we will explore selected topics in education law and policy. Topics will include disability law; school choice (public school, private school, home school, charters, vouchers); school discipline and zero tolerance laws; and racial and gender discrimination. This seminar places a heavy emphasis not only on understanding the law on the books, but also on how the law takes effect and on what it means to be an education lawyer in different contexts.

Practice Simulation

730   Adv Appellate Advocacy

Students 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.

470   Advanced IP Practice

Advanced Intellectual Property Practice

Advanced Intellectual Property Practice examines contemporary issues such as social networking, game platforms and development, plagiarism, entrepreneurship, licensing, user generated content, publishing, creative collaboration, web site terms of use, and cultural institutions, and how these issues are intertwined with trademark (including trade dress), copyright, right of publicity, right of privacy, and trade secret. Students will examine real life cases, prepare/file applications to register copyrights and trademarks, draft plagiarism policies, advise start-up companies on intellectual property strategy, structure license agreements, make presentations to the class, and engage in practical activities that help to develop and solidify the students? understanding of intellectual property law. To further development leadership skills, small student groups will prepare in advance and deliver class presentations on certain topics. The final exam is a final project that integrates the law and practice.

612   Alt Dispute Resolution

This 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.

728   Bankruptcy Practicum

This class will be offered only to students who are enrolled in (or have previously taken) the 637 Bankruptcy class. The class will focus on selected aspects of Chapter 11 bankruptcy practice, including research, writing, and drafting related to bankruptcy topics. Students will discuss these topics in class and will draft documents as if they were counsel for parties in a Chapter 11 bankruptcy proceeding. The documents and issues presented will be discussed and analyzed in class.

486   Couns & Advocacy in Antitrust

Counseling and Advocacy in Antitrust

Attorneys don't just practice law in a courtroom; they practice law in meeting rooms and boardrooms with officials and corporate clients. This practice simulation course will give students opportunities to practice these interactions with regulators, clients and judges through the lens of antitrust law. The course will be divided into four sections: Merger Advocacy Before the FTC or DOJ Antitrust Division; Implementing a Compliance Program; Exploring Settlement of Difficult Legal Issues; and Summary Judgment Motions on the Issue of Agreement. Each of the sections will include a discussion of the substance of a common antitrust issue and the counseling or advocacy issues that could surround it. At the end of each section, selected students will role-play a common method of applying the substance and counseling/advocacy discussed. Depending on enrollment, students will select three or four of the role-playing exercises in which to participate. All four sections will utilize fictionalized versions of facts and documents used by the instructor in practice.

790   Criminal Trial Advocacy

Criminal trial Advocacy is a simulation course where students will learn most aspects of trial skills associated with criminal trials from both the prosecution and defense perspectives. These skills include theory development, voir dire, opening statements, direct and cross-examination and closing arguments. The course will culminate with a final trial.

493   Employment Litigation

This practice/simulation course will provide students with hands-on skill building in the area of employment litigation. Students will be supervised in handling aspects of actual, ongoing state and federal litigation involving clients from the Detroit and Ann Arbor areas, including interviewing and assessing potential clients, reviewing and troubleshooting employment agreements, preparing discovery, discussing with actual litigants the experience of bringing suit, and responding to and drafting legal motions. The purpose of the course is to expose students to employment litigation, as it is actually practiced, and to build competency with practical litigation skills young lawyers use daily. Employment litigation generally involves a catastrophic loss of financial support and self-actualization on the part of the affected individual, and this course will allow students to grapple with that human side of litigation as they develop their professional skills.

473   Entrepreneurial Exits

If your client is involved in a successful entrepreneurial venture, how do they get out / cash out? The course looks at the most common methods: sale to an existing ?partner;? sale to or merger with a strategic acquirer; sale to a financial buyer, e.g., a PE firm; and IPOs. Points-of-view vary, so the course will look at issues from the perspectives of clients such as founders and co-founders, key employees, investors such as angel and venture capital investors, acquirers, and investment bankers and underwriters. The course will cover selected principles, actual practices, and documentation.

428   Evidence Practicum

The 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.

415   Family Law Litigation

Family Law Litigation Lawyers representing clients in legal proceedings involving children, such as divorce, custody or child protection cases, face unique challenges. They must learn to interview and counsel clients in emotional distress. They must zealously advocate for their client?s wishes while remaining sensitive to the needs of the child, whose best interests remain the court?s paramount concern. This dynamic complicates strategic decisions that have to be made regarding the presentation of the case, including filing motions, calling and questioning witnesses, making objections, and negotiating with other parties. Additionally, they must learn to work with actors, foreign to other civil proceedings, such as the Friend of the Court, mediators, social workers, and guardians ad litem. This course, which will be held in the Washtenaw County Courthouse, will familiarize students with essentials of advocacy in these unique cases. Focus will be given on building a case theory, developing skills such as interviewing and counseling clients, negotiating with opposing counsel and pro se litigants, working with third parties and experts, and drafting pre-trial motions and trial briefs. Additionally, students will work on applying traditional trial skills (opening statements, closing arguments, questioning witnesses) to children?s law cases. Each week, students will practice these skills through simulations and will receive feedback from the professors. Students, in thinking about creative advocacy, will also reflect about and critique the legal standards applied in these cases. Throughout the course, the importance of professionalism and legal ethics will be emphasized. The course will culminate in a mock trial, which will be videotaped for the purposes of evaluation.

429   Federal Prosecution & Defense

Federal 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.

494   In-House Counsel

This course is intended to examine a variety of practice and legal issues from the perspective of the in-house attorney. Practice issues would include the lawyer?s role in the corporation; organization and management of the legal department; interviews and counseling of clients who are fellow employees; formal compliance and legal audit procedures; and management of litigation and outside counsel. These issues will be explored in the context of key legal issues like SEC and Sarbanes-Oxley issues; labor and employment matters; litigation large and small and individual and numerous; transactions; and various regulatory matters. The course?s relevance is not limited to those contemplating an in-house career, since students headed to law firm practice would gain insight into the concerns of the people who will often be their principal client interface.

465   International Litigation

This course will address the major issues of international litigation, including jurisdiction (under domestic American law, foreign law, and international conventions), choice of law (from an American and foreign, particularly European, perspective), taking evidence abroad (under American and international rules), and enforcement of judgments (foreign judgments in the U.S. and American judgments abroad). Time permitting, it will also cover foreign sovereign immunity. The course will focus on litigation skills; in lieu of a final exam, students will prepare litigation-based writing assignments during the semester.

496   National Security Litigation

National Security Litigation: Practical and Doctrinal Challenges

This course will simulate the practice of public-interest lawyers challenging domestic and international government practices in the ?war on terror,? chosen from among (depending in part on student interest and in part on current events and developments in the law) preventive detention, targeted killing, electronic surveillance, government surveillance of communities, and watchlisting. Students will decide what kinds of plaintiffs to seek out, and will formulate claims, draft complaints, and prepare to counter motions to dismiss, addressing possible challenges to standing and invocations of the various secrecy and government immunity doctrines frequently encountered in national security cases. They will also plan to address the unavoidable political component of such litigation, by formulating media and advocacy plans designed in light of the first, most difficult choices to be made in any such challenge: the political and litigation ends of the effort as a whole. Depending on student interest we may attempt, periodically or in small groups, to reverse roles and approach the cases from the government side on both the litigation and political/media fronts.

495   Negot Entrepreneurial Issues

Negotiating 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.

444   Patent Litigation

This practice/simulation course, revised for the Winter Term of 2013 to reduce overlap with Patent Law I and II, is designed for students who intend to become patent practitioners. Students will (1) study and critique the pleadings and court orders of an actual patent infringement lawsuit, (2) conduct role-playing exercises concerning patent claim construction issues, (3) draft claim construction/summary judgment motions and write client opinion letters on a patent that has not been litigated, and (4) explore aspects of client relations, professional responsibility and alternate dispute resolution processes. Substantial written feedback on the writing assignments will be provided. In lieu of a final exam, the course grade will be based upon these writing assignments and class participation.

The integrated approach of this course will be useful even for those patent practitioners who do not themselves become litigators.

492   Prac of Renewable Energy Law

The Practice of Renewable Energy Law This course will provide students hands-on experience with legal issues faced in the renewable energy industry. The class will take the perspective of a U.S. based project development company and examine alternative subsidy schemes for wind, solar and other renewable energy technologies; a typical project procurement process; interconnection and transmission issues arising in the renewables context; materiel supply, engineering and construction issues; financing for utility-scale projects and distributed generation; competition from outside the U.S.; and related issues. Students will spend significant time working with real-world examples and related transactional documents.

499   Private Equity

This practice/simulation course covers the legal and legal practice issues of the private equity business. It covers and applies legal issues related to the formation and operation of private equity funds, starting with the negotiations between fund sponsors and fund investors, and moving through the partnership, contractual and securities issues of fund formation. It moves on to the process of the fund investing in typical private equity investments, including LBOs, MBOs, going private transactions, and roll-ups. The corporate, contractual and securities aspects of each type of transaction are covered.

498   Real Estate Entrepreneurship

This practice/simulation course covers the legal and legal practice issues related to real estate entrepreneurship. It is not a real estate law course. It will cover entity, contractual, securities and tax issues. The topics covered include entity formation and funding, investment analysis, development, debt and equity underwriting, and alternatives such private equity investment in real estate and REITs. Students will be introduced to the points of view of real estate entrepreneurs and investors.

497   Strategic Drafting

As with writing in any other context, drafting contracts with deftness and effectiveness requires an appreciation for the objectives to be achieved and the audiences to be reached. This class will explore the "real-world" situations in which a lawyer (in particular, a junior associate) may be called upon to draft and revise agreements and related documents. These situations may be informed by a variety of factors, such as the leverage and posture of the parties, the nature of the relationships at stake, and the allotted resources (e.g., time, money) for drafting and negotiating. Through this course, the student will develop the ability to draft contracts effectively, which (more than crafting an unambiguous sentence) involves strategically and optimally accomplishing the lawyer's (and her client's) objectives. The student's grade will be based on in-class participation and a final exercise.

437   Tax Planning for Business

This practice simulation course will be taught by J. Phillip Adams., a Partner in the New York office of Skadden, Arps, Slate, Meagher & Flom, LLP. The professor will submit to the seminar cutting-edge problems which he has faced in practice. The students will resolve those problems by structuring transactions to accomplish the client's business goals within the framework of non-tax legal requirements, without incurring unnecessary tax liabilities and in a manner that otherwise optimizes the client's tax posture. Typically, the students will be assigned to work in teams. With each problem, the students submit their solutions in writing, and one team will present its solution to the class orally. The professor will discuss and evaluate the teams' solutions in light of the one that was employed in practice. Prior to the students preparing and submitting their solutions, there will be lectures and discussion of the tax issues involved in each problem. The goal of the practice simulation course is to immerse the students in the process of approaching problems from a transactional perspective. The students will be given a set of facts and objectives, and will be required to determine what steps should be taken to achieve those objectives. An additional goal is to provide the students with exposure to the manner in which experienced lawyers utilize their skills to solve complex problems. The principal issues on which the problems will focus are corporate tax issues, but other areas will likely be covered. For example, partnership tax issues are certain to arise, as well as issues involving the taxation of financial instruments. In recent semesters, problems have involved, among other matters, complex tax-free corporate mergers, corporate divisions (spin-offs), acquisitions of controlling interests in non-U.S. corporations, and transactions designed to illustrate the difference between legitimate tax planning and abusive corporate tax shelters.

433   Transactional Drafting

In 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.

 
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