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Winter 2015 Course Descriptions

As of 11/28/2014 5:08:08 AM

Clinic

980   Advanced Clinical Law

This graded course is intended to give a few students who have excelled in any clinical law course the chance to spend another semester doing casework for that 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 lawyering 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.

964   Civil Mediation Clinic

Students will participate in a full Michigan Supreme Court Administrative Office-approved 40-hour training in facilitative mediation. Students must be able to participate in all days of this training. After completing training in late October, students begin mediating actual cases. These could involve small claims, general civil, landlord-tenant, probate, or criminal issues. Students are expected to commit at least a half day each week mediating. The experience is helpful for those who wish to mediate in their careers as well as those who will focus on representing parties in conflict.

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.

965   Civil Mediation Clinic Seminar

Students will participate in a full Michigan Supreme Court Administrative Office-approved 40-hour training in facilitative mediation. Students must be able to participate in all days of this training. After completing training in late October, students begin mediating actual cases. These could involve small claims, general civil, landlord-tenant, probate, or criminal issues. Students are expected to commit at least a half day each week mediating. The experience is helpful for those who wish to mediate in their careers as well as those who will focus on representing parties in conflict.

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.

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.

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 students the opportunity to learn to be effective advocates while representing the National Wildlife Federation. NWF pursues its mission to conserve wildlife in administrative, judicial, and legislative forums, and through a wide range of educational programs and publications. The course has both a clinical and a classroom component. Clinical work will teach students the mechanics of litigation, primarily in state or federal appellate venues, as well as pertinent environmental laws and administrative law. Students will also practice investigative, research, and writing skills. Class work will introduce students to principles and techniques relevant to the clinical work, and may include such subjects as drafting pleadings and motions; oral argument; and negotiation. The Clinic is a graded four-credit-hour offering. Credits 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 nkagan@umich.edu.

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 Litig Clnc I

Federal Appellate Litigation Clinic I

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.

973   Federal Appel Litig Clnc II

Federal Appellate Litigation Clinic II

Students who have taken Federal Appellate Litigation Clinic are eligible to enroll in Federal Appellate Litigation Clinic II by invitation of the professors.

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 and field-work are graded. 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 and field-work are graded. 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 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.

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 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.

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 5 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 2 credit clinic and the 3 credit field component, taken concurrently. The 2 credit clinic and 3 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 5 credit course and meets the New York Pro-Bono requirement. Students must enroll in the 2 credit clinic and the 3 credit field component, taken concurrently. The 2 credit clinic and 3 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 might or might not meet the New York Pro-Bono requirement for a particular student, depending on the client with which the student works.

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.

974   Unemployment Insurance Clnc I

Unemployment Insurance Clinic I

The Unemployment Insurance Clinic I offers a unique opportunity for second semester, first year students to quickly develop key lawyering competencies. Under faculty supervision, UIC I students represent recently unemployed workers in their claims for state unemployment insurance benefits. In this role they will have significant opportunities to interview and counsel clients, conduct fact investigations, write and file briefs and conduct administrative trials.

Each student team will have multiple cases throughout the term depending on case complexity and procedural status. It is the Clinic's goal that each student will participate in at least one live administrative trial during the semester. These proceedings allow students to perform direct and cross examination, make objections, and deliver closing statements, all in front of an administrative law judge. Because worker claims for UI are typically contested by the former employer through counsel, hearings provide a relatively low-key, classic adversarial environment introduction to real-world lawyering.

Students have weekly faculty supervision sessions in which they review and plan strategy for their assigned cases. Classroom instruction consists of four two-hour sessions, held in the early evening on two weekdays during each of the first two weeks of the term. Additional class sessions may be scheduled on an as-needed basis. The classroom component includes preparation and participation in a mock administrative hearing during the 3rd or 4th week of the term. Students earn two ungraded credits for their work.

975   Unemployment Insurance Clnc II

Unemployment Insurance Clinic II

This graded, three credit course allows students who excelled in the Unemployment Insurance Clinic I to move beyond administrative hearings to more complex oral and written advocacy. UIC II students work on unemployment insurance appeals and impact projects and also provide peer support to first year students taking UIC I. Examples of possible impact projects include organizing and writing amicus briefs on cases with important UI policy implications, work on complex federal litigation, and work on state UI policy issues. UIC II students are assigned multiple appeals and/or impact projects each term in addition to peer support of several UIC I student teams. Students are enrolled by invitation only after having expressed interest to the UIC professor.

Seminar

808   Adv Topics in Statutory Interp

Advanced Topics in Statutory Interpretation

This course addresses the variety of approaches courts and others have applied in interpreting statutory language. We will discuss the conceptual foundations of and the controversies around the dominant approaches of textualism and intentionalism. We will also consider other approaches, including dynamic and economic approaches to interpretation, and we will treat the debates over canons of construction, legislative history, and dictionaries. We will explore both theoretically-focused legal scholarship and particular cases and statutory issues. Each student will be required to write two short reaction papers over the course of the semester (each five pages or less) and, by the end of the semester, one longer paper of roughly twenty pages. The short papers will be circulated to other seminar members in advance of the relevant week's discussion.

Prerequisites: None, though previous completion of Legislation and Regulation, or another statutory or regulatory course such as Administrative Law, Tax Law, Employment Law, Telecommunications Regulation, or Environmental Law, is highly recommended.

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.

809   Anatomy of a Deal

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

870   Changing Families/Changing Law

The American family today looks very different than the American family of two decades ago. Adults are living together in committed relationships within and without marriage (either by choice or because the applicable law does not permit marriage). Many children are being raised by a single parent, stepparent, grandparent, or a partner (same or opposite sex) who is not married to the biological parent. Further complicating this picture are the expanding horizons in adoption and artificial reproductive technologies. Our highly mobile society makes these issues even more challenging. American law, which developed around the traditional notion of family, is now in flux. Some would even say in chaos. This seminar will consider these subjects from the perspective of family law and estate and trust law.

848   Colloquium on Int Refugee Law

Colloquium on Challenges in International Refugee Law

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

803   Energy Law: Reg of Electricity

Energy Law: Regulation of Electricity

This seminar will focus on the regulation of electricity production and distribution in the United States. Students will examine the traditional economic regulation of electric utility monopolies and the more recent move to competitive markets in the industry. Students will also examine recent trends to promote energy efficiency and clean energy in the United States. Throughout the course, students will learn about the complex interaction between federal and state laws governing the electricity industry.

863   Forensic Science and the Law

This seminar will explore the tenuous but necessary relationship between forensic science and the law. Science, by its very nature, must constantly evolve, expand, and change. The law, on the other hand, places great value in consistency, predictability, and finality. After some background on this tension, we will focus on the various legal frameworks for vetting, admitting and repudiating the forensic testimony presented in court. The seminar will also include a survey of specific types of forensic science such as fingerprinting, DNA testing, ballistics, fire investigation and forensic pathology. Included in this survey will be an analysis of the general limitations of forensic science, exploring how science can be abused, overstated, falsified, and subject to cognitive bias. The course will examine the effect of scientific evidence on juries, and more broadly on the goal of achieving fair and just outcomes. Finally, we will discuss ways of undoing the damage caused by faulty science and ideas for future reforms.

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.

440   International Law Workshop

International Law Workshop: Justice in International Law

This seminar is a workshop in international law and international legal theory, with a focus on the question of justice. We will ask: what kinds of justice does international law seek to achieve, and how good a job does it do at this task? Among the types of justice addressed by international law are: distributive justice, seen in aspects of trade, investment, and environmental law; criminal justice, which at the core of international criminal law; just war, as addressed by the law of armed conflict; and remedial justice, which comes up in efforts to correct historical wrongs through reparations to victims or even changes in state borders. The seminar will tackle these and other kinds of justice through a series of paper presentations by leading international law scholars. Members of the workshop will read each presenter's paper, prepare short papers or questions engaging it, and then discuss it with the author. Students will also read other scholarship in international law or international legal theory, as chosen by the organizers, to help prepare for and think about the problem of justice.

831   Int'l Commercial Transactions

This seminar will examine selected topics of international commercial transactions. The seminar will begin with a discussion of the international commercial environment and proceed with a discussion relating to how businesses operate in that environment. Choosing the correct business vehicle for establishment of overseas business operations will be discussed, including such alternatives as establishing a branch vs. a subsidiary or utilizing a distribution network or technology transfer or joint venture. The seminar will cover U.S. export regulations and special legislation such as economic sanctions and the Foreign Corrupt Practices Act. Finally, the seminar will consider some of the issues involved in doing business in particular regions such as the Middle East, ASEAN and European Union and how to approach disputes in the international business arena. Students will be expected to present research on these issues and the topics of their papers.

477   Investor Protection

In this seminar, we will engage in an in-depth examination of institutional, legal, and market features that offer protection to investors. We will undertake a critical analysis of these features and explore how investor protection may affect firm valuation, the development of capital markets and economic growth.

820   IP Law: Future of Publishing

IP Law and Policy: the Future of Publishing

We will look at the future of book and periodical publishing through the lenses of copyright and antitrust law, economics, policy, and technology. Digital technology changes the publishing industries and the ways in which IP law affects those industries. We will look at these changes and at how different policy regimes affect publishing and the uses of published works. The topics we plan to cover include:

*The economic theory underlying copyright and how digital technology changes the economics of copyright;

*The ways that ebooks differ from paper books, both legally and in the marketplace;

*The struggle for control of the ebook market among legacy book publishers, Amazon.com, and Apple;

*21st century public and academic libraries;

*Scholarly publishing;

*Open access publishing;

*Mass digitization and orphan works; and

*Evaluation of policy responses to technical change.

Students will be required to write weekly short reaction papers and three or four longer-but-still short papers over the course of the semester.

861   Law and Economics Workshop

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

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.

475   Legal Repres of Children

Winter 2015 - Legal Representation of Children

Lawyers representing children, parents and the state in child protection cases function in an adversarial, fault-based legal process that is much criticized. Well-meaning reforms of the legal process governing coercive intervention in family life have failed to improve the lives of children ensnared in the system. The child welfare system is overwhelmed and ineffective, harming a large number of the children it is supposed to protect while missing others that need assistance. Critics have argued that advocates for children and families need to move beyond tinkering with the machinery of the child welfare system and instead consider how to build a different machine.

The relationship between social service agencies and the court that characterizes the child welfare system has few parallels in American jurisprudence. The working parts of the system involve a complex interface among law enforcement, medicine and public and private social service agencies -- all controlled by a court charged with adjudicating the liberty interests of the children and parents involved. These challenges are faced in the context of underlying problems of child poverty, impoverished communities, social isolation, substance abuse and parental stress.

To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The intervention is often too late. Too many children enter foster care and they stay too long with serious consequences to the child. Many have advocated for a less coercive response to potential child maltreatment with less reliance on the courts for routine management of cases.

In the Winter 2015 semester the Legal Representation of Children seminar will do a broad review of the child welfare system. Can a public health approach prevent child abuse and neglect or improve our response? Can "reasonable efforts" requirements be tightened to assure that only a child who really needs it is removed? Are the definitions of "abuse" and "neglect" overly broad? Just right? Does the law draw a clear line between poverty and neglect? What core legal reforms are necessary to reshape the system to better respond to the needs of children and families?

478   Policing and Public Safety

This seminar will examine what constitutes public safety and what are the most effective ways to achieve it. We will look at the vast responsibility and discretion afforded police in responding to and addressing crime and the fear crime. We will discuss issues such as police legitimacy, police integrity, the use of force, and other related issues. We will also look at the role of the community and other stakeholders in achieving public safety. We will use legal scholarship, social science research, case law, news clippings and legislative responses to examine this complex area.

855   Probability, Profiles & Proof

Probability, Profiles, and Proof

We almost never know all the facts that we'd like to know, so we are forced to act on generalizations and probabilities. But at the same time, we have a great deal of anxiety about the law's use of generalizations and probabilities, especially when it makes decisions that significantly affect the course of identifiable individual's lives. This is a course in legal epistemology; we will try to figure out how and when the law may rely on generalizations and probabilities, and also when it may not. Topics covered will include: recovery for loss of chance; the law's hostility to merely statistical evidence; the nature of reasonable doubt; and the permissibility of racial and ethnic profiling. The readings will mix judicial decisions about these issues with articles and book excerpts that present philosophical analyses of them.

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.

474   Problems in Media Law

This seminar explores complex issues that arise in contemporary media law. We will consider issues in defamation, privacy, infliction of emotional distress, publicity rights, student speech and publications, indecency, obscenity, access to information and governmental institutions, prior restraint, and national security, with a particular emphasis on how the Internet and social media challenge or affirm traditional approaches to these issues and to First Amendment theory more generally. Active class participation will be expected, along with preparation of a five-page exploratory essay and a twenty-five page research paper. A class in First Amendment law is helpful, but not required, background.

859   Religious Liberty

In this seminar (offered for the first time in 2015 and thus still a work-in-progress as I write this), we will inquire into the appropriate relationship between the state and religion from a variety of perspectives: historical, philosophical, comparative, and with some attention, but not a primary focus, on the American law of church and state. We will certainly devote a session to Locke's "Letter Concerning Toleration," and another to Madison's "Memorial and Remonstrance and Jefferson's Virginia Statute for Religious Freedom." We will probably devote a session to Ronald Dworkin's, "Religion Without God"; and another to John Rawls' argument for religious freedom in "A Theory of Justice." We will definitely discuss some selection of European arrangements and judicial decisions about the state and religion, which are often wildly at odds with what many Americans assume is the right path for a liberal democracy. And we will discuss some selection of American cases and problems. With regard to both the European and American cases/problems, there will be room for student input about what topics to consider, and for substantial student presentations in the latter part of the seminar. (Such an in-class presentation will not be a requirement, but it will be an option for some. Of course, regular attendance, and preparation, and participation are required of everyone.)

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 in the same term.

878   State Supreme Court Practice

This seminar will teach students about appellate practice in state supreme courts. Students will alternate roles throughout the term, experiencing the week's cases sometimes from the perspective of a lawyer and sometimes from that of a justice. Students will analyze, advocate, hear oral arguments and draft opinions. In most classes, students will spend half of the classes in the role of state supreme court justices, will argue one case before the court as an advocate, and will actively participate in the discussion following each class session's "case call." The goal is to analyze what makes an argument effective (both in the briefing and during oral argument), and how the lawyering affects the outcome.

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.

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

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 in a cost-effective manner. 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.

728   Bankruptcy Practicum

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

720   Corporate Crim Practicum

Corporate Criminality Practicum

This course will examine the legal and practical dimensions of attaching criminal liability to corporate conduct. Specific areas of inquiry include: how prosecutors determine when to seek criminal penalties against corporate entities; the dynamics of defending corporate clients, including how to conduct an internal investigation, and whether and when corporations should be asked/required to waive attorney client privilege; the role played by the United States Sentencing Guidelines in influencing business structures and conduct; and issues arising from litigation on multiple fronts, such as when corporations face regulatory review, potential criminal charges, False Claims Act qui tam lawsuits, and SEC investigation all arising from the same operative set of facts. This course is open to all, and will be particularly useful for students who expect to work in government or at large law firms.

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.

417   Fair Housing Practicum

(Instructors John Relman and Tara Ramchandani from Relman, Dane & Colfax PLLC)

This practicum will examine the Fair Housing Act through a detailed case study of a civil rights case successfully litigated by attorneys at Relman, Dane & Colfax PLLC. The course will take students through the anatomy of building a civil rights lawsuit while also examining the substantive provisions and protections offered by the Fair Housing Act. The practicum will immerse students in the legal strategy required to litigate a fair housing case in federal court, beginning with the investigation and filing of a case, through discovery and dispositive motions, concluding with trial before a jury. The course will also give students an opportunity to gain litigation skills through mock depositions, oral arguments, legal writing, and trial practice. The practicum will allow students to learn from seasoned litigators and to interact with a variety of guest speakers.

415   Family Law Litigation

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

429   Federal Prosecution & Defense

Federal Procecution and Defense

The practice/simulation course introduces students to the major categories of federal criminal investigations -- public corruption, national security, organized crime, economic crime, drug and firearm offenses, and child exploitation -- to the law enforcement agencies that conduct these investigations, to the techniques they use (e.g. electronic surveillance, search warrants, and informants) and to the front-line constitutional issues at stake. The course then turns to the role of the prosecutor, focusing on the critical strategic decisions made by assistant United States attorneys during grand jury investigations, plea negotiations, trial, and sentencing. Caselaw and statutory materials are supplemented by guest lectures and panel discussions that include representatives from the principle federal law enforcement agencies -- FBI, ATF, DEA, ICE, and Secret Service -- as well as transcripts from recent prosecutions in the Eastern District of Michigan. Students will draft search warrants and indictments, argue from both the government and defense perspective in mock detention and sentencing hearings, negotiate plea agreements, calculate sentencing guidelines, and conduct voir dire, as well as observe first-hand ongoing federal criminal cases in Ann Arbor and Detroit.

494   In-House Counsel

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

470   Intellectual Property Practice

Intellectual Property Practice

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.

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.

457   Nuts /Bolts of Estate Planning

Nuts and Bolts of Estate Planning

The only certainties in life, they say, are death and taxes. Estate planning addresses both. Regardless of the area of law you decide to pursue, a basic understanding of estate planning will prove invaluable in developing client relationships.

This course will provide students with a basic overview of the applicable laws, including the law of intestacy, wills, trusts, joint ownership, beneficiary designations, planning for incapacity, and a high level introduction to federal estate and gift tax. The class sessions will include discussion and lectures on the substantive law, working with clients, and the structure and drafting of basic estate planning devices, including wills and trusts. We will use a case study approach involving hypothetical clients ranging from unmarried young adults, to married and unmarried couples, with and without children, to elderly adults. Emphasis will be on learning to work with clients and writing exercises involving the drafting of documents to achieve client objectives.

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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