Fall 2013 Course Descriptions
As of 5/1/2016 5:27:43 AM
First Year Required510 Civil Procedure
This course is similar to the introductory civil procedure courses taught at most law schools for the last two or three decades, with one major difference. In common with most courses, this course covers the basic institutions of civil litigation in an adversary jury trial system. Pleading, discovery, and other pretrial procedures are explored. Many trial topics are covered, with special emphasis on the procedural devices that arise out of the relationships among the parties, the judge, and the jury, the right to a jury trial, special verdicts, instructions to the jury, directed verdicts and judgments notwithstanding the verdict, new trials, and similar matters. Appeals and post-finality relief from judgments are included. At least the rudiments of claim and party joinder and res judicata also are covered. Unlike most first-year civil procedure, however, this course does not cover any of the variety of topics loosely described as jurisdiction. Those topics have been moved into the upper level elective course in Jurisdiction and Choice of Law.520 Contracts
This course is an introduction to commercial and consumer law and lays the foundation for advanced study in commercial transactions, corporations, restitution, consumer credit, and investment securities. Substantively, the Contracts course deals with how contracts are formed, which contracts are valid, when a contract has been breached and the various remedies for breach, including damages, specific performance, and restitution. The course is also designed to introduce the student to legal methodology and the techniques of statutory interpretation, particularly in connection with the Uniform Commercial Code.530 Criminal Law
This course examines the application of legal principles as a limitation on the definition of crime; the theories underlying criminal law; and the problems of the imposition and execution of sentences. Also examined are various specific areas of substantive criminal law, including: (1) general principles applicable to all crimes, e.g., mistake, causation, legal insanity, intoxication, and rules of justification and excuse; (2) accountability for the acts of others; and (3) attempt and conspiracy.590 Legal Practice I
The Legal Practice course is designed to teach students legal analysis, research, writing, especially the central art of persuasive writing, and oral advocacy, and to introduce students to other selected aspects of the practice of law. In the Legal Practice course students receive both group and individual instruction from full-time faculty who have practice experience and demonstrated talent as legal writers. Legal Practice I and Legal Practice II are required first-year courses presented in a sequence.591 Legal Practice II
The Legal Practice course is designed to teach students legal analysis, research, writing, especially the central art of persuasive writing, and oral advocacy, and to introduce students to other selected aspects of the practice of law. In the Legal Practice course students receive both group and individual instruction from full-time faculty who have practice experience and demonstrated talent as legal writers. Legal Practice I and Legal Practice II are required first-year courses presented in a sequence.592 Legal Practice Skills
This class is required for students taking the Legal Practice I class. It will focus on instruction in some of the skills generally regarded as necessary for effective and responsible participation in the legal profession. The professional skills taught may vary from year to year but will include such subjects as advocacy, negotiation, alternative dispute resolution, or drafting.
1 hour569 Legislation and Regulation
In the modern regulatory state, the rules that most profoundly shape private conduct come not from the common law but, instead, from legislatures and agencies. This class will explore the lawmaking function of these institutions and the virtues and vices of administrative governance. Among other things, the class will cover: the nature of the legislative process; statutory interpretation; the justifications for regulatory intervention; regulatory tools and strategies; the allocation of authority between legislatures and agencies; the varied forms of agency decision-making; and judicial review of agency decisions. In offering a survey of public law, the course will introduce students to the essentials of both statutory interpretation and administrative law.560 Property
A basic survey of the law of property which examines the forms and methods by which property interests are held, used, and transferred, with emphasis on real estate. Includes present and future estates, concurrent ownership, landlord and tenant, bailment, easements, promises respecting the use of land, water rights, control of air space, nuisance, adverse possession, gifts of personal property, vendor and purchaser, conveyances of land, land title insurance, and public control of land use.580 Torts
Compensation at law for private wrongs and intentional wrongs as well as accidents, with principal emphasis on harms to person and property. Special areas such as product liability, defamation, or business torts will be treated selectively.
Upper Class751 Accounting for Lawyers
This course introduces the basic concepts and methods used in the
preparation of the four corporate financial statements (the balance
sheet, income statement, statement of cash flows, and statement of
stockholders' equity). In this process, the course will also develop the
accounting treatment of specific items such as long-term assets,
inventory, sales, receivables, and debt securities. The course will use
actual corporate financial statements of Fortune 500 companies and will
provide students the tools necessary to understand such statements as
well as some of the basic footnote disclosures associated with such
Students who have substantial background in financial accounting or who
have taken classes in financial accounting are ineligible to take or
receive credit for this course for a grade. However, students who took
only an introductory class in financial accounting a significant amount
of time ago may request permission from the instructor to take the
course for a grade.601 Administrative Law
This course includes a thorough examination of the legal framework, constitutional, statutory, and common law, that empowers and constrains a wide range of federal administrative agencies. We will also look at the ways agencies themselves make law through rulemaking and adjudicate cases. We will engage an array of issues of current concern, including presidential control of agencies and so-called e-government.
Professor Mendelson637 Bankruptcy
An examination of the law, the practice, and the current legal issues in bankruptcy, particularly in business bankruptcy.616 Bloodfeuds
An investigation of disputing and dispute processing in Iceland of the saga age with side glances at pre-Conquest England and some contemporary pre-industrial, kin-based cultures. Course materials include translations of Icelandic family sagas and early law; there are also assigned readings in secondary historical and anthropological works. No laptop usage is permitted during class sessions. There will be periodic quizzes and a final research paper. There will be no final examination.548 Business Economics for Lawyers
This course provides an introduction to fundamentals of economic transactions and market analysis. Topics include negotiation and competitive bidding; the economic functions of contracts; the role of prices in aligning incentives, allocating risk, and minimizing disputes; the functions and operation of markets, including fundamentals of futures markets; the nature, sources, and consequences of transaction costs; and the role of firms and other organizations. The primary focus is on the value-enhancing function of contracts and markets, but attention will also be given to potential anticompetitive effects of business practices and their treatment by the antitrust laws.750 Chapter 11 Reorganization
This course analyzes the jurisprudence, game theory, financial underpinnings, and litigation overlay of chapter 11 reorganizations and the governance lessons they teach. It starts with the end game: the public policies and purposes of reorganization and the calculus of confirming a chapter 11 plan. Then the course examines the route to the plan, including management, trustees and governance; ethics; statutory committees; substantive consolidation; treatment of mass tort claims; senior and subordinated debt; jurisdiction; executory contracts; collective bargaining agreements; major asset sales in lieu of plans; financing; and derivatives. Certain subjects are conducive to discussions of statutory interpretation (i.e., 11 U.S.C. ?? 363(f), 502, 524(g), 1123(b)(3), the Eleventh Amendment), constitutional principles (i.e., the bankruptcy power, sovereign immunity, and jury trials), impact of lawyering (i.e., opposing dismissal or trustee motions); and litigation techniques.
The course will be taught in 7 weekly 2-hour sessions and uses materials (decisions, press releases, SEC filings, actual pleadings, orders) I will distribute. Basic bankruptcy is not a requirement. Students can choose between an exam or a 10-page paper for their grades.500 Computer Crimes
This course will examine the intersection of law enforcement and
technology. In the first half of the semester, we will look at the various
rules that govern law enforcement actions, such as the use of cell phone
data to track suspects, or the practice of indiscriminately copying and
searching entire hard drives at border crossings and airports. We will
focus in particular on how courts have framed these issues, and what those
responses might suggest for future technological change. We will also
examine different constraints on governmental action, including the Fourth
Amendment, the Electronic Communications Privacy Act ("ECPA"), the Stored
Communications Act, and the Wiretap Act. In the second half of the
semester, we will examine how the internet has spawned new forms of
criminal conduct, and how both Congress and law enforcement have responded to that conduct. We will look at several of the laws specifically
addressing criminal acts committed using computers, as well as the
adaptation of older laws to apply to this newer arena.586 Conflict of Laws
In today's increasingly borderless world, a growing number of juridically significant events -- both consensual and accidental -- implicate actors from, and interests of, more than one jurisdiction. The occurrence of such events raises the issue of which jurisdiction's law should control the legal consequences flowing from them. Conflict of laws jurisprudence frames a series of rules (sometimes also called choice of law) which determine which jurisdiction's laws, among a choice of several possibilities, will govern the legal rights and responsibilities flowing from these events.
The course and casebook -- Felix and Whitten's American Conflicts Law: Cases and Materials (5th ed.) -- will focus on three areas of inquiry. The first is so-called "horizontal" choice of law. Where two or more jurisdictions which are juridical co-equals (two or more states, for example, or two or more countries) have a connection with a juridical event, which jurisdiction's laws apply? The rules governing this question are more complicated than they appear at first blush, and there is a lack of uniformity in the operative conflict of laws rules among coordinate jurisdictions.
The second is so-called "vertical" choice of law. This topic area addresses the interplay between federal law and state law and the circumstances under which each will govern a legally significant event which implicates both federal and state interests. The course will analyze in detail the Supreme Court's seminal holding in Erie v. Tompkins and Erie's progeny as part of this inquiry.
The final focus will be a detailed analysis of judgments and their effects in other jurisdictions, and rules relating to personal jurisdiction which allow courts to adjudicate the legal interests of actors who have connections with jurisdictions other than the forum court.
While conflict of laws began as a highly theoretical discipline, the advent of modern technology has expanded exponentially the number of events which have multijurisdictional facets. The discipline is thus of critical importance to understanding the legal consequences of an enormous number of events.723 Corporate Lawyer: Law & Ethics
The Corporate Lawyer is intended to be the first course for students interested in careers as corporate lawyers or representing public corporations. We will focus on ethical issues relating to the representation of a corporation, including conflicts and their waiver, confidentiality, and client identity. We will also address the ethical obligations that corporate lawyers owe to the courts and regulators, particularly the topic of whistleblowing. In addition, we will study the role of lawyers in advising corporate boards and officers with regard to their fiduciary obligations, and corporate governance issues, including corporate powers, shareholder voting rights, and liability issues. This course also introduces students to the regulation of public corporations under the securities laws, including the obligations imposed by the securities laws on corporate lawyers. This course has replaced Law 723 "The Public Corporation" in the curriculum. This course (or Enterprise Organization) is a prerequisite for many advanced corporate law classes. No prior background in business is assumed. Students who have previously taken The Public Corporation may not take this course, and students may not take both Enterprise Organization and The Corporate Lawyer for credit.749 Corporate Taxation
This course concentrates on the provisions of the Internal Revenue Code bearing on domestic corporations. It deals with the tax consequences to corporations and their shareholders as a result of the events that take place during a corporation's life span. The course examines the tax consequences that can arise on: the formation of the corporation, the distribution of assets from the corporation, sales of corporate stock, reorganizations and divisions, and liquidations.641 Crim Just: Invest&Police Prac
Criminal Justice: Investigaton & Police Practices
This course will consider problems relating to the police role in the administration of criminal justice and judicial enforcement of limitations upon police practices. We will focus primarily on 4th, 5th, and 6th Amendments and will answer the following questions: (1) When can the police stop, search, and/or arrest people? (2) When can the police search cars, homes, and offices and for what? (3) When are the police allowed to wire-tap and/or engage in other forms of electronic eavesdropping? (4) What are the laws surrounding police interrogation and confessions? (5) Who has a right to counsel and when and how is it triggered? (6) How are police line-ups and other identification procedures conducted and what are the constitutional limits on such procedures? (7) What remedy does a defendant have if his/her constitutional criminal procedure rights are violated? When is the evidence excluded and when should it be excluded?645 Criminal Procedure Survey
This course presents an overview of major issues presented in the administration of criminal justice, from the initial police investigation of a crime and apprehension of a suspect, through prosecution and trial. It is an alternative to Criminal Procedure: From Bail to Post-Conviction Review and to Criminal Justice. It covers many but not all of the subjects as those courses.620 Disability Rights
This course will provide an introduction to law and litigation under the major federal disability rights laws, including the Americans with Disabilities Act, the Rehabilitation Act, the Fair Housing Act, and the Individuals with Disabilities Education Act. The course will address basic principles of disability rights law, such as the definition of disability and the concept of reasonable accommodation, as well as emerging issues, such as the accessibility of the Internet and the role of disability rights principles in health systems reform. It will examine disability rights in employment, government services, public accommodations, housing, and education. Theoretical and international and comparative perspectives will also be considered.790 Early Amer Legal History
Early American Legal History
This course will introduce students to the major problems and interpretations in the field of American legal history. Through lectures as well as discussions of cases and secondary materials, the course will survey American public and private legal development from the colonial period through Reconstruction. The course employs a braided narrative, interweaving (a) the chronological story of the transformations in law from the local self-governing federalism of the early republic to the rise of a modern American state with (b) a week-to-week sampling of different historical topics, methods, and problematics. Topics to be covered this semester include: the role of law in colonialism, constitutionalism and the American founding, the relationship of law and the emergence of capitalism, legal liberalism, and the transformation of American law in the contests over slavery and civil war. The course also attempts to introduce some of the theoretical and historiographical perspectives that have fueled recent developments in the field651 Economic Analysis of Law
Economic analysis provides one of the major theoretical perspectives on the study of law in American universities. This course introduces students to the economic analysis of the law as a set of tools for analyzing laws. Students will learn how to construct and critique economic models of the incentive effects of different legal rules and institutions. These models will illuminate familiar areas of law, including criminal law, torts, contracts, property, corporations, and civil procedure. (Note: The economic analysis of law as a jurisprudential movement, including questions of how it complements and conflicts with philosophical traditions, is the subject of a seminar in the winter semester 2010 entitled "The Philosophy of Law and Economics.")
The course neither presumes nor requires a background in economics, but it uses graphs and simple algebra of the kind found in introductory microeconomics classes. Students who are unsure of their technical preparation for the class should examine the textbook (Robert Cooter and Thomas Ulen, Law and Economics (Addison-Wesley, 5th edition, 2008); book website is http://www.cooter-ulen.com/) and see whether they find it congenial.
The class will be taught by a mixture of lecture and discussion. Students are expected to read the assigned materials before class and to answer questions in class.653 Employment Discrimination
This course focuses most prominently on Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on "race, color, religion, sex, or national origin." The course considers the basic frameworks for proving discrimination under Title VII and the jurisprudence defining Title VII's protected classes. The course also investigates newer Title VII fields, like the law of sexual harassment and pregnancy discrimination. The course then compares Title VII of the 1964 Civil Rights Act to Title I of the Americans with Disabilities Act (ADA), which protects "a qualified individual with a disability" from employment discrimination based on his disability. The course explores the jurisprudence on who counts as a disabled person for purposes of the ADA, and examines the rights that a protected person enjoys under the statute. In addition, the course considers various state and local employment discrimination statutes.657 Enterprise Organization
Enterprise Organization introduces the law governing the organization of business entities, including agency, partnership, limited liability companies, and corporations, including closely-held corporations. It provides a general introduction to business organizations for students who intend to pursue a wide variety of careers, not just corporate law. The duties of agents to their principals, partners to their co-partners, and directors and officers to their corporations and shareholders are covered. Some sections may cover mergers and acquisitions as well. Certain sections of Enterprise Organization will devote extra time to the study of business fundamentals to help students with no prior exposure to business concepts. Any student, regardless of prior business background, is eligible to enroll in these "business basics" sections, but it is recommended that students with some business background, either academic or practical, enroll in another section of this course or Corporate Lawyer: Law & Ethics. This course (or Corporate Lawyer: Law & Ethics or The Public Corporation) is either a prerequisite or provides an important foundation for a number of advanced corporate law classes. (Please check the footnotes for each class about information about pre-requisites.) Students may not take both Enterprise Organization and Corporate Lawyer: Law & Ethics or The Public Corporation for credit.658 Entertainment Law
This course will explore various legal and business issues in the entertainment industries, including those relating to sound recordings, music publishing, literary publishing, films, television, the Internet and other new media. The readings and discussions will also examine the topics of representing talent, drafting and negotiating contracts, remedies for breaches, and rights of publicity. Because the continuing clash of art and commerce requires an entertainment lawyer to understand not only the law, but the art and business of entertainment as well, this course will include an analysis of how the entertainment industries and their economics work.603 European Union Colloquium
This colloquium is intended for students who are concurrently enrolled in European Union Law or who have taken an equivalent course on the European Union in the past. After providing an overview of how to conduct scholarly research on European Union law, the colloquium will meet to discuss ongoing research projects of the participants, and to delve more deeply into secondary literature and cutting edge research. Visiting research scholars working on the European Union are encouraged to attend and to present their work in this forum as well. The colloquium may also feature other guest speakers.
With the instructor's permission, students may choose among various options for how to fulfill the requirements of the EU Colloquium (e.g. research paper or reaction papers) and the number of credits earned. Students concurrently enrolled in European Union Law may write a research paper in fulfillment of both course requirements. The colloquium meets for nine sessions beginning in the fourth week of the term.664 European Union Law
What is the European Union and how does it work? The E.U. remains our single largest trading partner and among our most important political allies around the world. And yet, as an institution of governance, the E.U. itself is often poorly understood. This course examines the basic legal architecture of the European Union, and core substantive law from free trade principles to common citizenship and fundamental human rights. It will cover what every lawyer and legal scholar should know about the Union and its path from common market to body politic. Several international visitors will join the class for specific sessions throughout the term.
(A research paper may be written for this course in lieu of taking the final exam.)669 Evidence
This course focuses on the procedural rules that regulate the use of evidence at trial. The rules covered include those relating to the competence of witnesses, the mode of examination, relevance, impeachment, character evidence, hearsay, expert evidence, privileges, and judicial notice. Particular attention is paid to the Federal Rules of Evidence.673 Family Law
Family Law: Domestic Relations. This course covers the central issues in the practice of family law, including constitutional principles that circumscribe the state's power over private relations, marriage (the law of the intact marriage and the consequences of marital status), nonmarital families, divorce, division of property on divorce, valuation, alimony, Federal tax consequences, child support, child custody and visitation, postjudgment modification of custody and relocation, family law jurisdiction, and private agreements in family law (prenuptial and separation). Professor Aviv781 FDA Law
This course will examine laws administered by the U.S. Food & Drug Administration with a focus on the regulation of drug development and drug sales. Topics to be covered include the new drug approval process, regulatory obstacles to generic drug competition, regulatory sources of exclusivity in drug markets including the Orphan Drug Act and the Hatch-Waxman Act, reimportation of approved drugs from abroad, internet drug sales, prescription versus over-the-counter drug sales, and regulation of advertising claims made to physicians and consumers. We will also consider the relationship between drug regulation and other laws, including patent, antitrust and tort laws. Time permitting, we will examine recent state legislative measures designed to reduce the costs of new drugs. There will be no final examination. Students will be required to write a 25-page research paper.677 Federal Courts
An intensive and critical examination of the role of federal courts in maintaining a constitutional order in the United States. Among the topics considered are justiciability, the power of Congress to control the jurisdiction of federal and state courts, Supreme Court review of state court decisions, federal habeas corpus for state prisoners, and suits challenging official action.686 Federal Indian Law
This course explores the legal relationships between American Indian tribes and the United States and the various states. Major topics in the course include the history of federal Indian law and policy, congressional power with respect to Indian peoples and nations, principles of interpretation of laws and treaties regarding Indians, the nature of tribal sovereignty, and tribal, federal, and state jurisdiction in Indian country. In examining these topics, we will also discuss tribal recognition, gambling, taxation, and natural resources in Indian country, and the Indian Child Welfare Act.535 Finance for Lawyers
This is an introductory finance course and no prior experience in finance or mathematics background is required. This course has no prerequisites.
The objective of this course is to introduce many broadly applicable important financial concepts such as time value of money, NPV Rule, valuation, efficient market hypothesis, portfolio optimization, risk management, adverse selection, and moral hazard to law students. We will discuss public finance and financial markets, including the stock markets, bond markets, electronic and floor exchanges, retail, commercial and investment banks and other financial intermediaries, market for real estate, insurance, and social insurance. We will use financial concepts to understand how these markets have evolved, developed, and sometimes failed. Hence, we will study market booms, crashes, manias, and crises. In this process, the students will also be familiar with many financial products such as stocks, bonds, credit cards, Treasuries, and options, futures, and swaps; as well as important players in these markets, such as corporate managers, commercial and investment banks, Federal Reserve, brokers, market makers, and investors. The course will not focus on law or legal cases, although there may be occasional applications in the legal area.709 Financial Regulation
This course will examine regulation of the financial sector, with a
particular focus on the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010, which enacted sweeping reforms to financial
regulation. Topics include regulation and supervision of banks,
systemically important financial institutions and markets, resolution
of failing firms, derivatives regulation, the shadow banking system,
consumer and investor protection, and other matters. The class will
also explore cross-sectoral issues in risk regulation across the
banking, securities and insurance industries. Students will also be
exposed to real-world issues in legislative drafting, the legislative
process, bureaucratic "turf" battles, and rule-making and
implementation. Students will be expected to be active participants in
class and to write a final "take home" examination.681 First Amendment
This course examines the law made by The Supreme Court concerning the freedom of speech, and the freedom and establishment of religion.683 Fourteenth Amendment
This course is somewhat broader than its name implies, considering both certain limitations on state governments that do not flow from the Fourteenth Amendment and also certain limitations on the federal government. Topics include: equal protection in such areas as race, gender, illegitimacy, alienage, wealth, voting and residence; procedural due process in civil cases (criminal procedure is not covered); substantive due process including the so called right to privacy); the takings clause; the contracts clause; and the two privileges and immunities clauses.588 Health Care Fraud & Abuse
This course will address health care fraud and abuse, and the resulting impact on the health care industry, practice of medicine, treatment of patients, and any provider who accepts reimbursement from federally-funded health care programs such as Medicare or Medicaid. The course will provide an in-depth examination of federal and state False Claims Acts, qui tam litigation, nationwide case law, and related articles and commentaries. Additional topics to be discussed may include reimbursement issues; state and federal laws prohibiting physician self-referrals (Stark laws) and kickbacks as they relate to health care marketing and physician relationships with health care vendors; provider licensing and disciplinary actions, including exclusion from participation with federally-funded health care programs, and other current issues.780 Human Rights: Themes and Var
Human Rights: Themes and Variations
Professor Ratner's section:
The protection of human dignity is one of the principal purposes of international law. This course will provide an overview of the contemporary international human rights regime, including substantive norms and key modes of implementation. We will begin by discussing the contours of various rights and ongoing debates over cultural relativity of rights. We will then turn in detail to the various processes for the protection of human rights, including actions by individual states and NGOs, United Nations bodies, and regional human rights courts. The course will also address several compelling contemporary issues, including U.S. ratification of human rights treaties. Completion of the transnational law course (or an equivalent introduction to international law) will be very helpful, but is not required.
Professor Milanovic's section, Fall 2013
The protection of human dignity is one of the principal purposes of international law. This course will provide an overview of the contemporary international human rights regime, including substantive norms and key modes of implementation. We will begin by discussing the contours of various rights and ongoing debates over cultural relativity of rights. We will then turn in detail to the various processes for the protection of human rights, including actions by individual states and NGOs, United Nations bodies, and regional human rights courts. The course will also address several compelling contemporary issues, including the extraterritorial application of human rights treaties to for instance drone strikes in Pakistan or Yemen, and the relationship between human rights law and the decisions of the UN Security Council. Completion of the transnational law course (or an equivalent introduction to international law) will be very helpful, but is not required.724 International Refugee Law
This foundational course provides a comprehensive analysis of the definition of refugee status set by the UN Refugee Convention, adopted by the United States and 146 other states. Drawing on comparative jurisprudence, the course situates U.S. refugee law in its global context and equips students to undertake both sophisticated policy analysis and complex litigation in the field. The course promotes an understanding of refugee law as a mode of human rights protection, the viability of which requires striking a balance between the needs of the victims of human rights abuse and the legitimate aspirations of the countries to which they flee.695 International Trade Law
This course is a comprehensive introduction to the international legal framework for the regulation of international trade in goods and services. This course will include: an introduction to the economics and politics of trade; an examination of the World Trade Organization (WTO) and its dispute settlement machinery, the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services GATS); the Agreement on Sanitary and Phytosanitary Measures, and related instruments; and discussions of trade-related aspects of intellectual property rights, conflicts between trade policy and other concerns (such as human rights, environment and development), and the recent proliferation of bilaterial and regional trade agreements.785 Int'l Criminal Law
International Criminal Law
This course will provide an introduction to international criminal law and procedure as administered by international criminal tribunals. It will combine a black-letter approach to some of the most important tribunal case law with theoretical, historical, and policy-oriented readings addressing the role of the tribunals in achieving the objectives of transitional justice.
The course will begin with a historical overview and analysis of the goals, jurisdictional bases, and structures of the various international criminal tribunals, from Nuremberg and Tokyo to the permanent International Criminal Court. Next, the largest portion of the course will focus on substantive international criminal law: the elements of international crimes (including war crimes, crimes against humanity, genocide, and the crime of aggression), theories of individual liability for collective crimes (such as joint criminal enterprise and command responsibility), and defenses like duress and superior orders. Third, the course will explore some key procedural challenges, such as international tribunals? dependency on states for arrests and investigation, the clash between adversarial and inquisitorial legal cultures in areas such as plea bargaining, and problems related to the length, complexity, and cost of international trials. Finally, students will assess the effectiveness of the tribunals in contributing to retributive justice, deterrence, peace and reconciliation, victims? well-being, and the rule of law, and will consider questions about the future of international criminal justice, including strategic dilemmas facing the International Criminal Court as it gets off the ground.631 Intro Con Law & Am Legal Pro
Only international LL.M. students may enroll in this course, which is designed specially for them. It is a survey course, which will expose LL.M. students to the structure and basic ideas of the most important areas of US constitutional law, in a historical and political context. The course begins with a condensed introduction to US history and constitutional history from 1607 to roughly 1970. Thereafter it covers the following topics: Marbury v. Madison and the theory of judicial review; the idea of enumerated powers and the Necessary and Proper Clause (McCulloch v. Maryland); the development of the commerce power (from Gibbons v. Ogden to the Affordable Care Act case); the spending power; the treaty and foreign affairs powers; separation of powers (Steel Seizure Case, the "War on Terror" cases, Nixon v. United States (the tapes case), appointment and removal, legislative veto); preemption, the dormant commerce clause, and the Article IV Privileges and Immunities Clause; the basic structure of individual rights protection (including levels of scrutiny, and incorporation of the Bill of Rights into the XIVth Amendment due process clause); equal protection (race, sex, and other categories; affirmative action); substantive due process and the right of privacy (abortion, same-sex relations); takings; the right to bear arms; freedom of speech, press, and assembly; freedom of religion (free exercise and establishment); state action, and the enforcement clauses of the Reconstruction Amendments.644 Intro to Inc Tax of Business
Introduction to the Income Taxation of Business Enterprise
This course provides an overview of the income taxation of the various legal forms of business activity. Thus, the course will review the income tax treatment of corporations, S corporations, partnerships, LLC's and sole proprietorships. The breadth of the material will dictate a survey approach, in contrast with the more intensive coverage provided in such courses as Corporate or Partnership Taxation.567 Investment Banking
Investment Banking: Law and Business
This course will introduce students to the basics of the law and business of global investment banking, and to the role of legal and investment professionals in the financial services industry.
The course will begin with an introduction to history of commercial and investment banking with special reference to the global financial crisis and restructuring and regulatory reform in the financial services industry of the world. Then, the class will study core business activities of investment banking houses: IPO and privatization, M&A, takeovers and takeover defensive tactics, private equity and hedge funds. Students will examine law review articles and other academic materials, as well as documents drawn from the actual practice of investment banking. After that, the instructor will draw introductory studies on global capital markets, capital market regulation and conflicts of interest. The Code of Ethics and Standards of Professional Conduct of the CFA Institute will be the focus of this part of the course.
Studies on recent developments in the capital markets and financial services industries in the United States and Europe will be followed by case studies on the history and business activities of major financial institutions of the world, including Goldman Sachs, JPMorgan Chase, Blackstone Group, Carlyle Group, UBS, and Deutsche Bank.587 Jud Reforms:Post Sov Countries
Judicial and Legal Reforms in Post-Soviet Countries
This course is intended to examine the key problems of transition of the Post-Soviet Countries to the democratic political regime. The focal point of the course shall be the judicial reforms and the way to adjust the judiciary and the judges to the needs and requirements of the market economy. Major questions will include
-the description of the constitutional system, political regime and the legal system of the Soviet Union;
-the reasons for the dissolution of the Soviet Union;
-the most pending problems that the former republics of the USSR and the former countries of the Warsaw Pact inherited from their Soviet past;
-the description of the constitutional systems, political regimes and the legal systems of Russia, Ukraine, Estonia, Latvia, Kyrgyzstan, Poland and Bulgaria;
-the specifics of judicial reforms in Russia, Ukraine, Estonia, Latvia, Kyrgyzstan, Poland and Bulgaria; and
-the specifics of the reform of criminal procedure in these countries.693 Jurisdiction and Choice Of Law
The course deals with jurisdictional issues generally, as well as the special problems arising in cases involving more than one jurisdiction (state or nation), i.e. cross-boundary disputes. More specifically, it addresses three major areas. The first is the question of jurisdiction, i. e. the power of the courts to hear and decide a case; this question arises both among the several states and between state and federal courts. The second area is choice of law, i.e. the question which law should apply; this is, again, an issue both among states or nations and between state and federal law. Finally, the course covers the recognition of judgments rendered by one sovereign (state, federal, or foreign court) in the courts of another sovereign. In most law schools, some of these issues (especially jurisdiction) are covered in first-year civil procedure. At
Michigan, we believe that they are better understood as part of the package described above and in an upper class setting.782 Jurisprudence
"Jurisprudence" is a word with many meanings. Here, it denotes the *
philosophical* study of law. In this short survey, we will address
questions related to the nature of law and legal systems. Is there a
difference between the exercise of legal authority and the wielding of brute
political power? What is the connection between law and morality? What is
the proper method for interpreting legal texts in the American legal system
(and how are we supposed to answer this question)? We will examine several
historically influential approaches to these issues, including those offered
by legal positivists, natural lawyers, and legal realists."
Professor Hershovitz699 Labor Law
This course will examine the law governing collective labor relations in the private sector. We will study the National Labor Relations Act and the processes of union organizing and collective bargaining that the NLRA establishes. We will also consider historical and comparative perspectives on labor law, emerging forms of worker organization and union strategies outside the scope of the NLRA, and law reform proposals that have arisen in the face of an aging labor law regime. We will explore the intersection of labor and immigration law, union participation in the political process, and emerging systems that address the problem of labor in the global supply chain. Throughout the course, we will ask: To what extent does or should labor law encourage worker participation and economic redistribution? How should labor law be reformed to address ongoing transformations in corporate organization, economic globalization, and shifting conceptions of class identity? There is no prerequisite for the course.731 Legal Ethics & Prof Resp
Professor Hirshon's section: This course trains students to recognize those ethical dilemmas they will most likely encounter during their practices. Students will analyze "real life" situations, apply the most relevant model rule(s) and discuss the shades of gray that affect their decision making. Additionally, students will learn how the model rules are enacted, enforced and sometimes broken ... and the concomitant consequences. Guest lecturers will provide their insights into the ethical practice of law. Additionally, the class will engage in role playing and analysis of films and advertising clips. The class will also review and discuss the most recent amendments to the Model Rules.
Professor Niehoff's section: This course seeks to help you identify, analyze, and think critically about the legal ethics issues that arise in the practice of law. We begin with a discussion of normative ethics and legal ethics generally, and then move to more specific issues like competency, confidentiality, conflicts of interest, representing individuals with diminished capacity, representing entities, litigation ethics, negotiation ethics, ethical issues that arise in specific career settings like law firms and prosecutors' offices, lawyer advertising, and pro bono. We also discuss enforcement mechanisms like disciplinary bodies and malpractice actions. The class typically includes some small group role-playing exercises, the use of film clips, and guest lecturers.549 Management & Orgs for Lawyers
Leading, managing, and surviving in today's organizations are tougher than ever. Success depends on how well you can understand and diagnose organizational problems, develop organizing processes and solutions that appreciate the complexity of your organizational context, and lead your group or organization in the implementation of more effective strategy and action. This course is intended to improve your effectiveness as a leader by giving you frameworks for understanding organizations and tools for leading them. Organizations have been studied from the perspective of several disciplines (i.e., psychology, sociology, political science and economics). The field of management and organizations is at the intersection of these disciplines and applies their insights to solving organizational problems and building organizational competencies.
Organizations are more complicated than most appliances, and understanding how they work takes more than memorizing simple platitudes. Moreover, just because one is a member of an organization, doesn't mean that one understands how they work or how to lead and manage them. Practices that worked well in the past will not necessarily continue to work well in the future, and changes that lead to success in one group or organization may not have the same effect in another. Thus, our goal is to help you understand important nuances so that you can make good inferences about what will work and what will not work in particular situations, and how to learn from your own experiences and those of others. The best way to do this is through exposure to both rigorous research and real-world cases. That is how this course is structured.
This course is intended to complement your work experience, not to supplant it. Book learning is not a substitute for hands-on experience. By the same token, hands-on experience is not a substitute for graduate education and exposure to cutting-edge scholarship, class discussions with smart colleagues from different professional and industry backgrounds, and a chance to develop your thinking beyond what is usually possible given quotidian pressures on the job. Much of the course is organized though around cases, case discussions, simulations, and group exercises. In these you will be able to benefit from the experiences of a diverse group of peers with different approaches to thinking about and solving business problems.
THE PLAN OF THE COURSE
The course will span a broad range of topics reflecting the need for leaders both to have general skills (e.g., in sizing up situations and understanding the basics of human behavior) and to be attentive to social and business trends that will affect the organizations with which they interact (e.g., increasing workforce diversity and project teams, and needs for learning, innovation and change). Management has been defined as "getting work done through other people," and much of the course will be devoted to helping you get the tools you need to get things done through other people, through influence, power tactics, networking, managing conflict and teamwork, for example. We also will dive into why organizations are structured as they are and the mechanics of managing organizational change. You may not be able to re-structure the organization you have to work with, but understanding its formal and informal structures will help you determine where you can get the most leverage.
To solve organizational problems or take advantage of opportunities requires that you have a rich understanding of the organization and the issues. But our ability to create a nuanced perspective is confounded by the way each of us has for looking at the world. Thus we will start with an overview and introduce two frameworks for analyzing organizations. Then we move to a broad overview of what it takes to manage people right. We will discuss the role of a leader (whether leading a team, unit, task force, or firm) and mechanisms for how to motivate and maintain performance. We then will move to a discussion of influence and persuasion and how one builds well-structured and effective social networks. We then discuss organizational culture and conflict and how to leverage both. Then we turn to the issue of teams and through an experiential simulation, how to enable team effectiveness.
We next turn to the "systems" aspects of organizations and how to design them to execute their strategy most effectively. What is the best way to design an organization to execute its strategy, given its environment? How do you sustain organizations through innovation? Finally, we will engage in an organizational change simulation and learn the best approach to bringing about changes (bottom up and top down) and then close with a discussion of organizing for the unexpected.544 Narrative Skills and the Law
A lawyer who can communicate not simply in a cerebrally persuasive way, but in an emotionally gripping way, has an enormous strategic advantage. Judges, jurors, clients are all human beings and know what it means to be captivated by a narrative. This course teaches how to tell an engaging story and then how to apply those skills to a variety of legal situations. The first part of the course will cover the art of storytelling on both a theoretical and a practical track. On the theoretical track we will study story drive; structure; beginnings, middles, and endings; openings; plot and character; and transitions. We will have a healthy amount of assigned reading and viewing before each class in order to analyze each of these components in literature, drama, and film. On the practical track students will go through a series of writing exercises that parallel the theoretical discussion, to help develop storytelling muscles. The second part of the course will apply the newly-acquired storytelling skills to various legal situations: A criminal case. An appellate case. A legislative proposal. A labor negotiation. A p.r. crisis. We will have "in-class" discussion of real cases, along with assigned writing exercises.727 Patent Law I
This course will provide an introduction to basic concepts of patent law, focusing on legal issues that arise in the course of obtaining and enforcing patents. The course is designed to be suitable for students planning to enter a general practice as well as those planning to specialize in intellectual property. A technical background is not a prerequisite, but students will be required to read and discuss cases involving technical facts. The primary determinant of the grade will be performance on the final examination at the end of the term, but class performance will also be taken into account.776 Real Estate Finance Law
This course is intended to appeal to the student with an interest in the laws governing real estate financing and land conveyancing, with a particular focus on the laws governing mortgages, installment sales contracts, the equity of redemption, foreclosure, deficiencies (including anti-deficiency legislation), pre and post-foreclosure relationships, deeds in lieu of foreclosure, receivers, future advance mortgages, purchase money mortgages, title concerns and general priority issues. The emphasis of the course will be on the legal relationship between lenders and borrowers, competing priority issues among lenders, the use of mortgage substitutes, alternative mortgage devices, construction financing, environmental law concerns and lending discrimination. The course will also cover issues relating to the current mortgage and foreclosure crisis, including governmental programs and statutory schemes designed to curb mortgage foreclosures and assist borrowers in obtaining loan modifications, refinancing, short sales and loss mitigation methodologies, such as foreclosure mediation.770 Regulation of Research
The Regulation of Human-Subject Research
A human subject of research is someone "about whom an investigator (whether professional or student) conducting research obtains (1) Data through intervention or interaction with the individual, or (2) Identifiable private information." "Human subject research" thus includes much of the biomedical and social-science research done in universities and hospitals today. The federal government requires institutions receiving federal funds to license and monitor every instance of human-subject research. This is primarily done by an "institutional review board." This course will study the IRB system as a problem in regulatory choice. The course's overarching question will be: Does the IRB system do more good than harm?
This overarching question will lead us to many subsidiary questions. Need human-subject research be regulated at all? Have any convincing justifications been advanced for regulating it? How great are the harms the IRB system prevents? How great are the costs "in dollars, distress, disease, and death" the system imposes? What ethical ideas underlie the system? Are they defensible? Does the IRB system infringe principles of free speech and of academic freedom? What standards are supposed to guide IRB decisions? How do IRBs make decisions? How well do they make decisions? Does the IRB system comply with constitutional requirements of due process? What is the incentive structure that shapes IRB decisions and that has shaped the development of the IRB system? Can the central regulatory method of the IRB system "informed consent " accomplish the purposes expected of it? What other methods of regulating human-subject research are already in place? What other methods might be devised?
While the course presents a classic lawyer's question " how should a social enterprise be legally regulated" the answer to the question depends on insights from many fields. Consequently, I expect to invite historians, sociologists, psychologists, psychiatrists, physicians, lawyers, and "human-subject researchers" to visit the class. Similarly, the readings will be drawn from many fields, especially from the empirical literature in medical journals that provides the primary window into the work of IRBs. We will also read portions of manuscripts of books and articles currently being written on the IRB system, including the draft of a book on the IRB system I am writing with an MD/JD from Baylor. Finally, the course may be coordinated with a small conference of experts on the IRB system.
I currently anticipate that grades for the course will be based on a paper (or papers) and class participation.696 Rsrch and Analysis in Amer Law
This course is restricted to foreign students in the advanced degree program. Its purpose is to acquaint students from civil law countries with American legal analysis, research, and writing.652 Secured Transactions
This course concerns the law governing credit transactions in which the collateral is personal property, principally Article 9 of the Uniform Commercial Code. Topics to be covered include the scope of Article 9, collateral classification, attachment and perfection of security interests, priority among creditors, the impact of bankruptcy law on secured transactions, and default and foreclosure in secured transactions. We will pay close attention to Article 9 and other UCC provisions, which will be explored through problems discussed in class.743 Securities Regulation
This course covers the regulation of securities offerings and trading under the Securities Act of 1933 and the Securities Exchange Act of 1934. It examines offerings and the registration process under the Securities Act, along with reporting requirements under the Exchange Act. The course will also cover fraud, insider trading and civil liabilities under both Acts, as well as the Private Securities Litigation Reform Act of 1995.799 Senior Judge Seminar
In the Senior Judge Seminar students work closely with Legal Practice professors in connection with various aspects of the first-year Legal Practice course. Each Legal Practice professor interviews, chooses and supervises the Senior Judge Seminar students for the Legal Practice section taught by that professor.794 Senior Judge Seminar II
The Senior Judge Seminar II is a graded course intended to allow selected students who have excelled in the Senior Judge I seminar to work in greater depth with a Legal Practice professor in connection with the Legal Practice course. Each Legal Practice professor interviews, chooses and supervises the Senior Judge Seminar II students for the Legal Practice section taught by the professor.747 Taxation of Individual Income
This is the basic course in federal income taxation. It is a statutory course, and the principal source of law will be the Internal Revenue Code. The topics covered will include the definition of gross income and the determination of permissible deductions from gross income. The class will also analyze numerous Code provisions and doctrines that raise issues of tax timing (that is, in what year should a given item of income or a given deduction be taken into account) and income attribution (that is, to whom should a given item of income or a given deduction be attributed). The bulk of the course will be devoted to learning basic statutory analysis. In addition, however, the class will spend some time studying the policy rationales underlying the structure of the current federal income tax laws and will consider the pros and cons of alternative systems. This course is a prerequisite to a number of other courses, including Tax II, Partnership Tax, Business and Estate Planning, and International Tax.791 Toxic Substances/Toxic Torts
The Problem of Toxics: Toxic Substances and Toxic Torts
In 1984, a Union Carbide plant in Bhopal, India accidentally released a chemical that caused the deaths of more than 2,800 people and injured tens of thousands. A year later, another accidental release at a Union Carbide plant in West Virginia sent 135 people to the hospital and provoked fears that a disaster such as Bhopal could occur in the United States. This course explores the problem of toxics: substances arguably necessary to our industrialized society with the potential to cause injury to human health and the environment. How should government manage the risk of these substances? And what is the role of common law in compensating those who are exposed?
The course will be divided into two parts. First, we will discuss several different regulatory approaches taken to control toxics -- for example, outright bans, risk-benefit balancing, and warnings. Our primary focus will be on the federal regulatory regime governing production and use of such substances. Second, we will discuss toxic torts, the common law actions for injuries from exposure. Our discussion will focus on substantive law -- theories of liability, proof, and remedies -- as well the difficulties encountered in expanding the traditional tort paradigm to encompass injuries that may have long latency periods and other causes.
The introductory environmental law class would be helpful, but is not necessary.760 Trademarks and Unfair Comp
This course provides an overview of the federal trademark statute and related state law of unfair competition, trademark dilution, and right of publicity.595 Transactional Contracts
The objective of this course is to familiarize the student with contracts as used by sophisticated parties. Accordingly, this course will explore "real-world" contracts actually entered into by "real-world" companies--the Coca-Cola's, Microsoft's, and HP's of the world. Through this course, the student will attain a certain facility with agreements, their organization and structure, their language, and their provisions. In addition to looking at contracts through the eyes of parties and practitioners, the course will pay attention to how courts have treated various contractual provisions, exploring areas of substantive law--including, and in addition to, contract law--to the extent relevant. Readings will include comments from leading practicing attorneys at law firms and corporate law departments. The student's grade will be based on thoughtful and active participation in class and on an online discussion forum as well as performance on a mid-term exercise and a final exam. This course is highly recommended for those students interested in taking other transactional offerings at the Law School.606 Transnational Law
This required course provides an introduction to the international dimensions of law. In today's world, it is essential that every lawyer understand the making and application of law beyond the domestic (American) orbit. Even though most graduates will practice law in the United States, virtually every area of law is affected by international aspects, whether through treaties regulating transnational economic relations, interactions with foreign law, and oversight by international organizations. Each area of the curriculum, from antitrust to intellectual property to civil rights to tax, is enmeshed within a complex web of international and foreign rules that the lawyer must understand.
Because the field of law outside U.S. domestic law is vast "public and private, international and foreign" the course seeks to provide students with the basic concepts and tools they can use to understand, take further courses in, and practice many specialized areas of law. Because the world lacks one authoritative legislature, executive, or judiciary, our understanding of law must consider a different range of methods for making, interpreting, and enforcing the law.
Although the specific coverage across faculty varies somewhat, the class will generally cover:
1. A basic introduction the state system
2. The making of international law, including treaty law, customary law, and "soft" law
3. The creation and evolution of states
4. International organizations, including global, regional, and functional bodies
5. Modalities of resolving transnational disputes, including diplomacy, sanctions, arbitration, and international courts
6. The role of corporations and NGOs in transnational system
7. The incorporation of international law into domestic legal systems, in particular that of the United States
8. The jurisdiction of states to make and apply law, including extraterritorial jurisdiction and immunity from jurisdiction
9. Certain selected topics of current concerns, e.g., human rights, the use of armed force, terrorism, and trade
10. The effectiveness of international law vs. domestic law
The following are comments from some professors teaching this course:
Monica Hakimi: The first part of the course outlines the basic structure of the international legal system. We will consider the questions of how and by whom international law is made, applied and enforced; how international is and is not incorporated into U.S. law; and how conflicts among national assertions of authority are resolved. After outlining that basic structure, we will examine, in depth, select substantive regimes on the protection or regulation of non-state actors.
Julian Mortenson: My section generally covers the standard topics, concluding with a unit that focuses in greater detail on international commercial arbitration as a method of resolving transnational disputes between private parties.
Steven Ratner: I spend about two-thirds of the course on the unique features of the transnational legal process, discussing modes of prescription of international law, key actors, and the relationship to domestic law. I tend to spend the remaining weeks on human rights, the use of force, and terrorism-related issues as case studies, though I may also address other topics. One key theme is the extent to which non-U.S. law actually influences the practice of law and relations among international actors; another is the importance of distinguishing actual law from mere claims to law.
Mathias Reimann: The hallmark of my version of the course is that it has two major parts. In the first part (one third of the course), I introduce students to the basics of the classical concept of (public) international law: states, sovereignty, sources, dispute resolution, interaction between international and domestic law; this is very simple so that everybody understands the fundamental terms and ideas. The second part (i.e., the remaining two thirds) then revisits each of these topics and shows how they have evolved in the over the last half-century into the "Complexities of the Modern Order". The main objective of this course structure is to ensure that students do not lose sight of the forest before the trees.
Tim Dickinson: My version of the course is similar to that of Professor Reimann as we use most of the same materials. However, as a lifelong practitioner in various areas of international business law, my course deals less with human rights and use of force than others but I try to add in "real life" discussion on issues that many students may face in private practice, from dispute resolution to drafting joint venture agreements. I also try to use current topics as sited in the media to demonstrate how the topics we discuss in class play out in the real world.
Kristina Daugirdas: My section will cover the common topics listed above; the case studies will focus on international environmental law.600 Transnational Law Colloquium
This one-credit-hour class will accompany my regular (three-credit-hour) Transnational Law class. It will provide a forum for students with a deeper interest in the subject matter. It will both discuss some of the readings for the basic course in greater depth and with more theoretical background (for example the problem whether the UN Security Council should act as a quasi (global) legislator) and revolve around some additional readings for which there is no time in class (for example, cases on human rights or international criminal law decisions). Students will be graded on the basis of three reaction papers written in response to three sessions of their choice.755 Trusts and Estates I
First of two courses dealing with donative disposition of property. Involves the study of (a) the law of intestate succession and marital property rights as a limitation on the power to devise; (b) the law of wills, with emphasis on execution and revocation, and including problems arising from changes after execution, as well as problems involving the use of will substitutes; and (c) the law of trusts, in both its functional and technical aspects, including the essential ingredients of a trust, its creation and termination, formal requirements, the nature of a beneficiary's interest, the special features of charitable trusts, and some significant problems of trust administration.793 Voting Rights / Election Law
Regulating the Political Process: Voting and Election Law
This course will explore the law governing the right to vote in the United States. It will examine the way the law and other forces have shaped the structure of American political participation, and will consider alternative directions American democracy might take. Topics will include the 2000 presidential election dispute, the individual right to vote, reapportionment, representation of minority interests in democratic bodies, preclearance procedures, political and racial gerrymandering, direct democracy, and alternative voting systems. A central aim of this course is to explore general issues of democratic theory in the context of the legal frameworks and the actual institutions that regulate American democracy.634 Water Wars/Great Lakes
Water Wars: Law and Policy to Save the Great Lakes
The University of Michigan sits in the midst of the most abundant source of surface fresh water in the world and some of the most fascinating legal and policy disputes that will determine its future. The Great Lakes contain 20% of the surface fresh water of the entire planet, and 95% of that of the United States. They not only serve as sources of drinking water and recreation for 40 million people in the region, but also as the economic engine for the region.
Today, the lakes have reached a tipping point. Centuries of use (and abuse) and the increased demand for water from an increasingly thirsty world have created immense and potentially irreversible ecological changes and historic legal conflicts and policy opportunities to accompany them.
In this class, we will learn and experience national, state, and international natural resource law through the lens of this unique region. The public trust doctrine, water law, the Clean Water Act and other environmental laws, and even maritime law are all being simultaneously litigated and rewritten in this period of seismic shifts in Great Lakes law. The class will cover these and other topics through lectures by and discussions with the leaders in the Great Lakes region who right now are remaking Great Lakes law and policy.