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Winter 2014 Course Descriptions

As of 8/21/2014 7:57:39 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. The Child Advocacy Law Clinic meets the New York Pro-Bono requirement. CALC is a 7 credit course, all credits are graded.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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. The Child Advocacy Law Clinic meets the New York Pro-Bono requirement. CALC is a 7 credit course, all credits are graded.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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 in the City of Detroit and surrounding areas. Students engage in the supervised practice of law, assuming primary responsibility for all matters affecting your clients. Under close faculty supervision, students are responsible for all aspects of representation -- interviewing and counseling clients; planning; researching; drafting correspondence, memos, and legal documents; managing relationships with clients and others; negotiating agreements; and implementing client decisions. 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.

The seminar is a time for reflections and discussion. We explore the practice of law, the Clinic's clients and issues facing the community and the region. We use simulation exercises to explore lawyering skills. Through the client work, students will identify legal issues, research them, consider different alternatives and implement client decisions.

Students receive seven credits for the Clinic: three for the seminar and four for the client work. Each component is graded separately. The CEDC meets the New York Pro Bono requirement.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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 in the City of Detroit and surrounding areas. Students engage in the supervised practice of law, assuming primary responsibility for all matters affecting your clients. Under close faculty supervision, students are responsible for all aspects of representation -- interviewing and counseling clients; planning; researching; drafting correspondence, memos, and legal documents; managing relationships with clients and others; negotiating agreements; and implementing client decisions. 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.

The seminar is a time for reflections and discussion. We explore the practice of law, the Clinic's clients and issues facing the community and the region. We use simulation exercises to explore lawyering skills. Through the client work, students will identify legal issues, research them, consider different alternatives and implement client decisions.

Students receive seven credits for the Clinic: three for the seminar and four for the client work. Each component is graded separately. The CEDC meets the New York Pro Bono requirement.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

The Clinic is a 4 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 3 credit clinic and the 1 credit field component, taken concurrently. The 3 credit clinic and 1 credit field component are mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

The Clinic is a 4 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 3 credit clinic and the 1 credit field component, taken concurrently. The 3 credit clinic and 1 credit field component are mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

The Clinic is a 5 credit course. Students must enroll in the 3 credit clinic and the 2 credit seminar, taken concurrently. The 3 credit clinic is mandatory limited grade (pass/fail) or "S" grade; the 2 credit seminar is mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic does not fulfill the Law School's professional responsibility requirement for graduation. The Clinic does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in 402 Ethics Colloquium section 002.

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.

The Clinic is a 5 credit course. Students must enroll in the 3 credit clinic and the 2 credit seminar, taken concurrently. The 3 credit clinic is mandatory limited grade (pass/fail) or "S" grade; the 2 credit seminar is mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic does not fulfill the Law School's professional responsibility requirement for graduation. The Clinic does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in 402 Ethics Colloquium section 002.

993   Entrepreneurship Clinic

The Entrepreneurship Clinic, 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. The 4 credit clinic is mandatory limited grade (pass/fail) or "S" grade; the 3 credit seminar is mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

994   Entrepreneurship Clinic Sem

Entrepreneurship Clinic Seminar

The Entrepreneurship Clinic, 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. The 4 credit clinic is mandatory limited grade (pass/fail) or "S" grade; the 3 credit seminar is mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

930   Environmental Law Clinic

The clinic offers hands-on experience in cases drawn from the judicial, administrative, and legislative docket of the National Wildlife Federation's Great Lakes Regional Center in Ann Arbor. The Center's resident attorneys supervise students. Students work on 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, draft legislation, prepare pleadings, write an appellate brief, participate in rule-making, or help negotiate a settlement. The clinic is a graded three-credit-hour offering that students may elect for one or two semesters, for a maximum of six credits. Credits should count toward New York's pro bono requirement. Courses in administrative and environmental law are not prerequisites, but would be helpful. For further information, please contact Professor Neil Kagan, Clinic Director, at 734-763-7087 or kagan@nwf.org.

The Clinic does not fulfill the Law School's professional responsibility requirement for graduation. The Clinic does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in 402 Ethics Colloquium section 002.

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. The Federal Appellate Litigation Clinic meets the New York Pro-Bono requirement. FALC is a 4 credit course of which all credits are graded.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

921   General Clinic: Civil-Crim Sem

General Clinic: Civil-Criminal Seminar [aka Michigan Clinical Law Program]

The classroom component of the MCLP includes some trial advocacy simulations to introduce basic trial skills. Students must enroll in the 4-credit clinic and the 3-credit seminar, taken concurrently. Each student will also participate in two intensive trial practice exercises: 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 in law practice, client-centered lawyering, the adversarial process, other related issues affecting the clinic's poor client population, and case rounds. The seminar is graded but the field-work is not. The MCLP meets the NY bar pro bono requirement. For a more detailed description, see: https://www.law.umich.edu/clinical/generalclinic/Pages/default.aspx

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

920   General Clinic: Civil-Criminal

General Clinic: Civil-Criminal [aka Michigan Clinical Law Program]

The Michigan Clinical Law Program (MCLP) is a 7-credit litigation clinic that gives students the chance to practice law in a variety of issue areas affecting low-income clients. Students must enroll in the 4-credit clinic and the 3-credit seminar, taken concurrently. The clinic covers many areas of the law. The civil case-load changes term to term, but may include landlord-tenant, consumer, family law, public benefits, employment discrimination, asylum and refugee, contracts, torts, and prisoners' civil rights cases. We try to keep a wide mix of work, from simple one-issue cases to class actions raising issues of first impression. On the criminal side, students handle misdemeanor cases for their short-term files, and do (mostly post-conviction) felony cases for their more complex files. Students do all of the work for their clients (under faculty supervision), including interviewing, counseling, legal research, discovery, negotiation, motion practice, bench and jury trials, and appeals. Students have "first-chair" responsibility for their cases and primary responsibility for their clients. MCLP students handle cases in the state district, circuit, and probate courts, as well as the federal district courts, state and federal administrative agencies, and appeals to all levels of both court systems. The seminar is graded but the field-work is not. The MCLP meets the NY bar pro bono requirement. A more detailed description can be found at: https://www.law.umich.edu/clinical/generalclinic/Pages/default.aspx

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

The HTC is a 7 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently. The 4 credit clinic and 3 credit seminar are mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

The HTC is a 7 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 4 credit clinic and the 3 credit seminar, taken concurrently. The 4 credit clinic and 3 credit seminar are mandatory graded and ineligible for letter grade conversion to pass ("P").

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

The Clinic does not fulfill the Law School's professional responsibility requirement for graduation. The Clinic does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in 402 Ethics Colloquium section 002.

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. The Juvenile Justice Clinic meets the New York Pro-Bono requirement. JJC is a 7 credit course of which 3 credits are graded.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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. The Juvenile Justice Clinic meets the New York Pro-Bono requirement. JJC is a 7 credit course of which 3 credits are graded.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

971   Legislation Clinic

The Legislation Clinic will provide students with an opportunity to observe and participate in many facets of the legislative process and policy advocacy. The clinic is intended to expose the student to the policy issues, legal analysis, drafting, and political process required to successfully advance a proposal through the legislative process. Prior experience with child welfare is not required.

For many years the Child Advocacy Law Clinic (CALC) has engaged in occasional legislative advocacy for child welfare reforms. (Child welfare includes legal and policy issues regarding child maltreatment, children in foster care, and suspension and termination of parental rights) Over these many years, the CALC has served as legislative counsel for various clients, including reform commissions, organizations and individuals. In one instance we served as "of Counsel" to the Michigan Lt. Governor's Office and worked on a package of bills she was supporting.

Most recently Professor Duquette championed a bill stemming from the notorious "Mike's Hard Lemonade Case" in which a seven-year old boy was placed in foster care for three days because his father, a classics professor at the University of Michigan, inadvertently gave him a Mike's Hard Lemonade at a Detroit Tigers game. That legislation dramatically improves the decision-making process between the Michigan Department of Human Services and the courts and provides appropriate due process protections for the child and parents. In 2012 that bill ultimately passed both houses of the Michigan legislature unanimously.

Now we will formalize this occasional legislative advocacy in a separate clinical offering. The clinic will identify policy reform issues that seem ripe for action but might require the boost of research, drafting, developing relations with stakeholders, and collaboration with supporting legislators that law students might do. We may have specific clients for whom we would serve as legislative counsel.

Students will first jointly select projects for the semester based on a preliminary list of topics and clients generated by Professor Duquette. To learn about the process and challenges, we will hear from various speakers early in the semester including the Legislative Service Bureau, government officials, lobbyists, stakeholders and our clients. We will travel from time to time to Lansing to meet with legislative leaders and staff. Students will draft legislation in partnership with our clients, stakeholders and the Legislative Service Bureau and identify legislators willing to introduce the appropriate bills.

The legislative process is deliberate (slow) but if one or more of our projects moves quickly enough, the clinic students will work in partnership with our clients to bring about the introduction of bills drafted, develop oral and written testimony, identify additional witnesses, shepherd their bills through the committee process, and work to get the bills ultimately adopted.

Legislation Clinic is offered for 3 credits for 8 students, graded. Legislation Clinic appears to qualify for New York's pro bono requirement.

The Clinic does not fulfill the Law School's professional responsibility requirement for graduation. The Clinic does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in 402 Ethics Colloquium section 002.

933   Low-Income Taxpayer Clinic

Students in the Low-Income Taxpayer Clinic (LITC) 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.

The LITC is a 4 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 3 credit clinic and the 1 credit field component, taken concurrently. The 3 credit clinic and 1 credit field component are mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

934   Low-Income Taxpayer Clnc Field

Students in the Low-Income Taxpayer Clinic (LITC) 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.

The LITC is a 4 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 3 credit clinic and the 1 credit field component, taken concurrently. The 3 credit clinic and 1 credit field component are mandatory graded and ineligible for letter grade conversion to pass ("P") election.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

976   Michigan Innocence Clinic

Founded in 2009, the Michigan Innocence Clinic was the first innocence clinic in the country to focus exclusively on non-DNA cases. In the Clinic's four-year history, it has exonerated seven individuals who had been wrongfully convicted of crimes they did not commit.

Students registered in the Clinic investigate and litigate cases on behalf of inmates who are actually innocent of the crimes for which they have been convicted. Students work on all aspects of the cases, including researching claims and the law pertaining to them, investigating new evidence, writing and editing court briefs and motions, and participating in courtroom activities when there are hearings scheduled in their cases.

This is a full-year clinic with seven credits per semester (four are ungraded and three are graded) and meets the New York Pro-Bono requirement. The Clinic features both the clinical component described above and a seminar component, where students explore in class the legal and policy issues underlying wrongful convictions. There are no exams or papers, and students are graded on their preparedness and contribution to class, the progress they make in their cases, and the quality of the work product they produce in their cases.

The Innocence Clinic's docket is diverse and relatively novel. No two cases are the same, and non-DNA innocence litigation continues to be a fascinating challenge within the field of criminal litigation. Students work with supervising attorneys to craft legal strategies and explore evidentiary avenues that would have been unimaginable even for experienced criminal litigators just a few years ago. Students interested in criminal law/procedure, appellate practice, brief writing, public interest work, innocence litigation or courtroom advocacy would be especially suitable for the Innocence Clinic. That said, there are no specific prerequisites (outside of the regular first-year courses), and no prior specialized knowledge of criminal defense or innocence litigation is required or expected.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

Those with further questions should email innocenceclinicapplications@umich.edu.

977   Michigan Innocence Clinic Sem

Founded in 2009, the Michigan Innocence Clinic was the first innocence clinic in the country to focus exclusively on non-DNA cases. In the Clinic's four-year history, it has exonerated seven individuals who had been wrongfully convicted of crimes they did not commit.

Students registered in the Clinic investigate and litigate cases on behalf of inmates who are actually innocent of the crimes for which they have been convicted. Students work on all aspects of the cases, including researching claims and the law pertaining to them, investigating new evidence, writing and editing court briefs and motions, and participating in courtroom activities when there are hearings scheduled in their cases.

This is a full-year clinic with seven credits per semester (four are ungraded and three are graded) and meets the New York Pro-Bono requirement. The Clinic features both the clinical component described above and a seminar component, where students explore in class the legal and policy issues underlying wrongful convictions. There are no exams or papers, and students are graded on their preparedness and contribution to class, the progress they make in their cases, and the quality of the work product they produce in their cases.

The Innocence Clinic's docket is diverse and relatively novel. No two cases are the same, and non-DNA innocence litigation continues to be a fascinating challenge within the field of criminal litigation. Students work with supervising attorneys to craft legal strategies and explore evidentiary avenues that would have been unimaginable even for experienced criminal litigators just a few years ago. Students interested in criminal law/procedure, appellate practice, brief writing, public interest work, innocence litigation or courtroom advocacy would be especially suitable for the Innocence Clinic. That said, there are no specific prerequisites (outside of the regular first-year courses), and no prior specialized knowledge of criminal defense or innocence litigation is required or expected.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

Those with further questions should email innocenceclinicapplications@umich.edu.

958   Pediatric Advoc Clinic

Pediatric Advocacy Clinic

The Pediatric Advocacy Clinic (PAC) was one of the first medical-legal partnerships to be based in a law school clinical setting. Through this partnership, students are able to reach families most in need of legal assistance, including immigrant and Limited English Proficient (primarily Spanish-speaking) families, and become part of a team working to improve child health. Casework includes domestic violence and family law, special education, public benefits, and low-income housing. Students in the clinic are involved in all aspects of a case and 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 traditional litigation skills in both administrative and trial court settings. The PAC is 7 credits (4 for the seminar and 3 for the clinic) and all credits are graded. The PAC meets the New York Pro Bono requirement.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

For more information please contact Debra Chopp (dchopp@umich.edu).

959   Pediatric Advoc Clinic Sem

Pediatric Advocacy Clinic Seminar

The Pediatric Advocacy Clinic (PAC) was one of the first medical-legal partnerships to be based in a law school clinical setting. Through this partnership, students are able to reach families most in need of legal assistance, including immigrant and Limited English Proficient (primarily Spanish-speaking) families, and become part of a team working to improve child health. Casework includes domestic violence and family law, special education, public benefits, and low-income housing. Students in the clinic are involved in all aspects of a case and 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 traditional litigation skills in both administrative and trial court settings. The PAC is 7 credits (4 for the seminar and 3 for the clinic) and all credits are graded. The PAC meets the New York Pro Bono requirement.

The Clinic fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

For more information please contact Debra Chopp (dchopp@umich.edu).

966   Transactional Lab

The Transactional Lab presents students with the opportunity to gain "real-world" experience working on transactional projects with major companies. Transactional Lab clients will consist of a variety of leading companies across industry sectors, and there will be opportunities for students to develop additional Lab-client relationships (and, in so doing, their client-development skills). The Transactional Lab includes a classroom component that involves readings, lectures, and discussions on the skills and knowledge that contribute to successful practice as a junior transactional attorney (e.g., client counseling, client development, communication, contract analysis and drafting, and project management). Outside of the classroom, students will spend a substantial amount of time working in small teams on projects that involve analyzing and drafting complex agreements and related documents. Students will work under faculty supervision and meet with faculty on a weekly basis. In addition, students will have the opportunity to interact directly and regularly with clients (i.e., in-house corporate counsel) in connection with project work. The Transactional Lab will be made available for 4 credits (with potential exceptions in special circumstances), all of which will be graded. Each student's grade will be based on several factors, including active engagement in the classroom, quality of work product, professional and diligent communication (including with faculty and clients), attention to client service, and successful collaboration in teams. The Transactional Lab does not meet the New York Pro-Bono requirement.

The Transactional Lab fulfills the Law School's professional responsibility requirement for graduation, but does not fulfill the New York State Bar ethics requirement unless students also simultaneously enroll in Law 402 Ethics Colloquium section 002.

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.

446   Anti-Discrimination Law

This seminar will explore the contours of federal anti-discrimination law, focusing both on legal doctrine and underlying theory. The seminar will proceed topically, and will examine federal anti-discrimination measures in education, employment, voting, housing, and health care. Considerable attention will be given to how these measures address race discrimination but time will also be devoted to the application of these provisions to discrimination based on gender, disability, family status, and national origin. Topics will include the role of discriminatory intent, disparate impact, burdens of proof, and the crafting, enforcement and termination of remedial measures. The seminar seeks to provide an operational overview of the federal anti-discrimination regime while pressing students to consider what role federal anti-discrimination law should play in 2011 going forward.

806   Chinese Corporation

The "modern" joint stock corporate form in China has a long history. Chinese business associations -- including complex partnerships tied to family, clan, village and guild structures -- have roots stretching back hundreds of years. In the modern era, China saw its first joint stock company establishment by reformist Qing Dynasty officials in 1872 -- only twenty-eight years after Britain's landmark Joint Stock Companies Act (1844), and simultaneous with France's general authorization of societes anonymes (1867). In 1904 and as the first part of a thoroughgoing legal reform program, the declining Qing dynasty promulgated a company law statute so important it was issued even prior to China's first template for a national Constitution. And now, at the dawn of the 21st century, Chinese companies seem omnipresent, whether purchasing companies or assets outside of China, or acting as the vehicle for the world's largest "global offerings" raising billions of dollars from investors all over the world.

This seminar will start by analyzing the roots of formal corporate organization in Imperial and then Republican China, focusing on corporations and corporate law at the end of the Qing Dynasty (1870 - 1911), during the Treaty Port era, and through the pre-Communist period (1912-1933, and 1945-1948). The course will also analyze the transition in the PRC after 1978 from state-owned enterprises into "corporatized" state-controlled (but publicly-invested) corporates, and the parallel effect of the PRC's initial foreign direct investment structures and law on the later formation of China's company law. Finally, the course will look at the company law systems in the UK Companies Act-determined Hong Kong Special Administrative Region after 1997 and the Japanese/German civil system and then U.S.-influenced Taiwan experience. In each case, students will become familiar with these diverse developments and mechanisms so as to inform the broadest possible understanding of the modern corporation - and corporate law - in the PRC today. Throughout, students will be asked to consider the unique role of formal (business association) law in the Chinese context, its interaction with divergent and often more powerful political economic structures, the relationship between corporate law and enterprise efficiency and national economic growth, the ever-changing balance between government control/regulation and autonomy of capital accumulating entities, and the impact of corporate law and principles on the development of civil society in the Chinese world. In the final segment, the seminar will focus on specific aspects of the "public" (listed) Chinese corporation, and the direct impact of the domestic and global capital markets -- and transnational or "foreign" securities regulation/corporate governance norms -- on corporate governance in China, the crafting of formal law and regulation, and application of the law via both public and private enforcement. Students will be evaluated (i) 50% on vigorous class participation and approximately ten (10) two (2)-page "reaction memoranda" submitted the day before class (addressing the readings assigned for the upcoming seminar meeting) and (ii) 50% on a 25-35 page paper submitted one week after the last day of classes.

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.

852   Counter-terr Strat&Int'l Law

Counter-terrorism Strategies and International Law

The campaign by numerous states and international organizations against Al Qaeda and other nonstate terrorist actors raises critical questions for international law. Terrorism and the response to it have challenged traditional distinctions in international law, including those between armed conflict and law enforcement, civilians and combatants, military and civilian justice, and torture and legitimate intelligence gathering. They also force us to address difficult issues regarding the relevance of international law to governmental decisionmaking. This seminar will examine a variety of issues associated with the "war on terrorism," including the legitimacy of military force, treatment of detainees, prosecution of terrorists in different fora, renditions of suspects outside normal law enforcement channels, and methods to stop financing of terrorism. In the process we will examine areas of the law of armed conflict, human rights law, the law of international organizations, and international criminal law. Prerequisite: Transnational Law or comparable introduction to international law.

443   Critical Issues in Law and Dev

Critical issues in Law and Development

This seminar investigates the role of law and legal institutions in economic development. We will survey several critical topics in the relevant literature, such as property rights, the role of the judiciary, rule of law, constitutionalism and democracy, law and finance, corruption and social norms, and others. Students are excpected to present and submit a research paper by the end of the term.

828   Economic Inequality & the Law

Economic Inequality and the Law

In recent years, inequality in the distribution of wealth in the United States has reached levels not seen since the Great Depression. This seminar will examine the role of law in structuring and remedying such inequality. We will begin by laying down some conceptual and empirical foundations, including rival normative theories and policy perspectives on social welfare and inequality. We will then look at how constitutional law has responded to economic inequality particularly during the Lochner and post-Lochner eras and with the developments during the Warren and Burger Courts regarding education and welfare law. Finally, we will ask how concentrations of wealth affect the workings of American democracy, examining, among other things, the law of campaign finance and lobbying.

842   Environ Litg in Supreme Court

Environmental Litigation in the Supreme Court

When Chief Justice Roberts and Justice Alito took their seats on the Supreme Court, environmentalists predicted that the newly configured Court would restrict--and possibly even eviscerate--environmental laws. The Roberts Court's first significant environmental decision in the combined cases of Rapanos v. United States and Carabell v. Army Corps of Engineers revealed sharp divisions among the Justices. The stakes rose when the Court chose to hear five environmental cases during the 2006-2007 term, and five more in the 2008-2009 term. Most recently, the composition of the Court changed yet again when Justice Sotomayor was sworn in on August 8, 2009.

This seminar will closely examine five environmental cases decided by the Roberts Court during the last four years: Rapanos v. United States (wetlands), Environmental Defense v. Duke Energy Corp. (power plant emissions), Massachusetts v. EPA (global warming), Entergy v. Riverkeeper (cost-benefit analysis), and Burlington Northern v. United States (Superfund liability). For each case, materials will include the Circuit Court opinion, selected portions of the parties' briefs in the Supreme Court, the oral argument transcript, and the Court's final decision. Through careful study of these cases, we will seek to understand not only the legal import of the decisions but also the direction of the Court under Chief Justice Roberts.

Some background in environmental law would be helpful but is not necessary.

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.

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.

451   Global Constitutionalism

The 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.

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.

827   Intellectual Property Workshop

The 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.

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.

835   Law & Econ Development: India

Law & 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.

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.

873   Legislation

We live in an age of statutes, regulations, and administrative rules. This seminar explores the distinctive legal and political problems and principles involved in the shift from common law to statutes as the source of law governing much modern American social and economic life. While covering some basic issues like the legislative process and statutory interpretation, the seminar also intends to delve deeply into some of the interdisciplinary perspectives from history, political theory, and political economy that have recently done so much to shape and enliven this field of inquiry. Topics to be discussed include: the historical origins of parliamentarism, the rise of legislative regulation, the implementation of statutes in the administrative state, the problem of representation, and the significance of the legislature in modern democratic theory.

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.

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   Sel Tpcs/Law of Am Federalism

Select Topics in the Law of American Federalism

This seminar will explore scholarly literature covering a range of issues in the law of American federalism. We will study both theoretical material relating to the design of federal systems and specific issues relating to the allocation of power between the federal government and the states in this country. State sovereign immunity and the anti-commandeering decisions will be among the doctrinal issues we cover. We will attempt to develop a sophisticated understanding of the merits and demerits of different approaches toward dividing power between the federal and state governments and to apply insights from the relevant theoretical literature to specific doctrinal problems.

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.

836   The United Nations

This seminar will explore a series of legal questions related to the United Nations. The class will start by considering the way the UN Charter structures the organization, its relationship to its member states, and the organization's status and authorities under international and national law. (Why was the United Nations established? Can the United Nations legally reject the Palestinian application for membership? Why is the United Nations immune from suit in national courts -- and should it be? Under what circumstances can member states withhold financial contributions?) The class will then turn to the United Nations' role in maintaining international peace and security -- and the legality, legitimacy, and effectiveness of the United Nations' efforts. Topics covered will include sanctions, peacekeeping, and territorial administration.

425   Topics in Criminal Law Theory

Topics in Criminal Law Theory: Culpability and Excuse

A theoretical examination of the foundations of criminal liability. Special attention paid to "excuse" defenses (e.g., duress, provocation, insanity, mistake) and to closely related issues in moral philosophy. No philosophical background required.

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.

608   Advanced Legal Research

This course is designed to strengthen students ability to analyze legal problems and to do effective legal and non-legal research. Students will increase their knowledge of research sources and methods and develop the skills to solve practical research problems. The course also synthesizes material found throughout the Law School curriculum, to the extent that students are required to apply both substantive and procedural analysis in their course work.

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.

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.

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.

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.

732   Joint Ventures Practicum

In this course, students will have a seat at the table structuring, negotiating and documenting a joint venture or other contractual alliance. The attractiveness of such ventures is evident as they allow for risk management particularly in connection with new markets, large-scale investments or integrating complimentary skills and assets. As an example, Warren Buffett and the Brazilian private equity fund that owns Burger King "joint ventured" to buy Heinz Ketchup! At the same time, the challenges posed by a continuing relationship are significant and consequently, the incidence of success is not high. The practicum will explore the complexities of entering into a relationship in which the birth, growth over potentially a long time frame (including funding, governance and dispute resolution within the venture) and its ultimate death need to be agreed upon ab initio. The practice/simulation will focus on analyzing and drafting contractual provisions from the perspective of each party, including the reciprocity of various provisions which adds a somewhat unique element to the negotiations. The course will take an interactive, practical approach with simulations in class and drafting outside of the class.

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.

712   Negotiation

Learning to negotiate effectively involves negotiating, observing, critiquing, and consciously applying effective strategy and skill. This course introduces students to the science, the art, and the practice of negotiation through a sequenced series of simulation exercises, which students will perform inside and outside of class. Class sessions will be used, in part, for negotiations, debriefing results, and discussion. Course readings will include negotiation literature and theory that inform effective practice. Students will be evaluated based on some combination of class participation, negotiation exercises, and periodic reflection papers.

444   Patent Litigation

This practice simulation course is designed for students who intend to become patent practitioners. The format of the course employs team analysis of hypothetical patent invalidity, claim construction and infringement issues, followed by team presentation in class, as foundations for brief and client opinion letter-writing assignments on those issues. Written advocacy techniques are enhanced by extensive redline feedback on the writing assignments. Along with sharpening skills in developing defenses against infringement charges and opposing such defenses, the course will focus on aspects of litigation unique to patent suits. In lieu of a final exam, the course grade will be based upon the writing assignments and class participation.

The course's integration of substantive law, issue analysis, litigation procedure and written advocacy will be useful even for those patent practitioners who do not themselves become litigators.

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.

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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