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Fall 2017 Course Descriptions

As of 12/14/2017 5:42:50 AM

First Year Required

510   Civil Procedure

This course covers the basic institutions of civil litigation in an adversary jury trial system. It explores the different procedural devices that arise out of the relationships among the parties, the judge, and the jury. Many litigation topics are covered, including issues relating to pleadings, discovery, other pretrial procedures, joinder, preclusion, and jurisdiction.

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.

540   Intro to Constitutional Law

This course introduces the student to certain fundamental cases in Constitutional law, to the questions they raise, and to the modes of thought and criticism appropriate to this field. There is necessarily a large historical component to the work, for the Constitution has acquired its meaning over time. Major questions include: What is the justification for judicial review? What are appropriate occasions and standards for the exercise of this power? How has the power actually been used throughout our history? These questions are considered in the context of doctrinal fields chosen for variety of issues and to allow consideration of historical development over the full life of the Constitution. These fields include: the scope of federal powers; preemption; state regulation of interstate commerce (in some sections); powers of the President; relations between branches of the federal government; basic principles of racial equal protection; Congressional enforcement power under the Reconstruction Amendments; and justiciability.

598   Legal Pract:Writing & Analysis

Legal Practice: Fundamentals of Legal Writing and Analysis Legal Practice: Fundamentals of Legal Writing and Analysis is the first component of a yearlong set of courses taken by all first-year students, in which students begin to develop the skills that are necessary to practicing law. This course, comprising the first half of the first semester, introduces students to the fundamental analytical and writing skills that they'll continue developing over the rest of the Legal Practice course sequence. The timing and range of specific skills covered in LP Writing & Analysis differs from professor to professor, but students will be expected to prepare at least one extensive written assignment, learning to present objective written analysis of a legal problem to a client or a fellow attorney, and to persuade their reader that their analysis is complete and accurate. In doing so, students come to appreciate how a commitment to scrupulously thorough writing promotes analytic rigor. Via intensive critiques from their professors, students learn how constantly revising their work product makes their analysis more precise.

593   Legal Practice Skills I

Legal Practice Skills I concludes the second half of the first semester of Legal Practice by building on the skills to which students were introduced in Legal Practice: Writing & Analysis. The course gives students the chance to further develop their core analytical and writing abilities while expanding their legal repertoires to include other essential lawyering skills. Throughout LP Skills I, students are placed in the role of a lawyer representing a client in assorted factual circumstances, and are then taught how and why lawyers might bring to bear various skills in those situations. For example, students might have the opportunity to learn how to conduct client interviews to help determine whether a client has a viable potential claim. (In some sections, this could culminate in interviews of real clients.) Students might also receive their first opportunity to act as a counselor, helping clients choose between possible ways to try to resolve a legal problem. Students may also be exposed to fact investigation and assessment, via taking depositions or other discovery and forensic techniques. Further, students may be exposed to additional types of customary legal work product, such as client letters and professional emails. Students will also continue to expand their knowledge of legal research sources and strategies, learning how to find the law they need to adequately advise and represent their clients. Professors provide frequent feedback to students as part of all of these assignments, which may include the chance to re-write particular written projects. Students are also expected to self-assess what they're learning and where they might need to continue developing particular skills.

594   Legal Practice Skills II

Legal Practice Skills II, a full-semester course, continues the skills- and client-based focus of the first-semester Legal Practice courses. Among other things, one goal of LP Skills II is shifting students into the role of an advocate. As was the case in the first semester, the timing and range of specific skills covered in the course differs from professor to professor. For example, students may develop skills in advocacy and persuasive argument through instruction in pre-trial procedures, pleadings, and drafting pre-trial motions. They then have one or more chances to argue on behalf of a client before a judge or panel of judges. Students may also be introduced to transactional practice and skills, such as learning how to negotiate with other parties in a transactional setting followed by drafting agreements to memorialize the results of those negotiations. As the course progresses, students are repeatedly reminded of how their professional and ethical obligations affect the choices they make when representing clients. Students receive frequent guidance on their assignments via formative feedback from their professors, as well as numerous opportunities for student-driven self-evaluation.

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 Class

751   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 statements.

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

Professor Mendelson's section: 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, and cover a range of other topics, including agency due process, adjudication in agencies, limitations on judicial review, standing, and finality. We will also engage issues of current concern, including presidential control of agencies and so-called e-government. This course is for students who have not taken Law 569, Legislation and Regulation. Professor Bagley's section: Restricted to students who have already taken Legislation and Regulation, this course undertakes 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. The course will cover, among other things, administrative due process, Article I courts, agency preemption, preclusion of review, standing, finality, exhaustion, and ripeness.

774   Advanced Topics in Int'l Tax

This course will focus on the historical roots of some of the most important current international tax controversies, especially those involving deferral and territoriality. Students will read current policy arguments and compare them to similar debates in the 1960s, when the current rules were enacted. Students will be expected to write a 10-15 page paper on one of these controversies.

748   Art Law

As an important cultural force, art has presented many regulatory problems for the law. This course asks what purposes the law has pursued in resolving those regulatory problems, what tools the law has found for resolving them, what tools the law has actually used, and how well those tools have worked. More specifically, for example, the course will investigate the issues presented by the international trade in "cultural property," by demands for the repatriation of cultural property, by the law of armed conflict applied to cultural treasures, by the peculiar nature of the market for art, by artists' claims to control the art they create after they have sold it, by challenges to principles of artistic freedom, by state support for the arts, by the administration of museums, and by conditions placed on charitable trusts. As much as possible, these issues will be approached through case studies. I anticipate that this will include studies of the legal problems surrounding the Barnes Foundation's museum; Mark Rothko's estate: the Norton Simon Museum's paintings of Adam and Eve; the Knoedler Gallery's sale of a fortune in fake Abstract Expressionist Art; the NEA's subsidies of art; Maria Altmann's success in wresting six Klimts from the Austrian government; Greece's attempt to wrest the Elgin Marbles from the British Museum, the Brooklyn Museum's "sensational" Saatchi show, and so on. I expect these case studies to be supplemented by visits from museum curators, art dealers, and other art-world actors. Grades will be based on class participation and a final examination.

637   Bankruptcy

An examination of the law, the practice, and the current legal issues in 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.

646   Chinese Constitutionalism

Chinese Constitutionalism and Domestic Rights Protection in the Chinese World China has struggled with "constitutionalism" since the late 19th century, and the last Chinese imperial dynasty's attempt at domestic political reform and self-strengthening in the face of aggressive foreign powers, European and Asian. That early engagement with constitutionalism, however, was focused entirely on Qing Dynasty-led political institutional reform, specifically the establishment of a national consultative assembly or even legislature, and transformation of the Qing dynasty into a species of constitutional monarchy. A separate idea, "strict constitutionalism" or the authoritative review of legislative and regulatory enactments or government action for conformity with the higher principles enshrined in a written constitution, only gained attention in the early 1930s with the rise of the Guomindang (KMT) single party state and serious constraints placed on what many Chinese citizens perceived to be basic civil and political rights. This seminar will focus on the development of such "strict constitutionalism" in the Chinese world between 1895 and the present, focusing on the unique elements of this project in the People's Republic of China (PRC) from 1949 to date, the Hong Kong Special Administrative Region transformed from a colony of the United Kingdom into a special administrative region of the PRC in 1997 Handover, and the Republic of China on Tawian as it has moved from "emergency" (military) rule to a more democratic system. Accordingly, the course will concentrate on the protection of basic human rights under domestic law (and constitutions) in the Chinese world, without significant consideration of how nation states in the Chinese world implement international human rights treaties domestically, whether directly or by incorporation of such treaty obligations into domestic law. Ultimately, the course will grapple with difficult questions about the basic suitability of such strict constitutionalism, or indeed the protection of basic civil and political rights against the state (or party behind the state) under domestic law, for Chinese world nation states, with some consideration of alternative mechanisms which might also ensure the protection of such rights.

671   Climate Change Law

Climate change will emerge in the decades ahead as one of the most significant challenges facing our Nation and the world. The evidence that human activity is altering the climate--with potentially catastrophic effects--is largely unchallenged in the scientific community, yet remains the source of significant controversy from a legal and policy perspective. This course will consider the evidence that the climate is changing, through readings and guest lectures, and then will focus on legal efforts to address climate change both in the United States and through international treaties. We will consider recent Supreme Court cases, regulatory efforts under the Clean Air Act, regional cap and trade programs, and efforts through citizen suits to compel government action using nuisance law and the public trust doctrine. We will examine the role of the United Nations process, culminating in the Paris Accords, and how corporate sustainability efforts contribute to climate change mitigation and adaption efforts.

756   Comparative Hum Rgts Law

The course involves a study of human rights issues drawing on material primarily from Europe and North America, and the Commonwealth. The course considers the meaning of particular human rights and their significance in theory and in practice, and the efficacy of the legal institutions designed to protect them. Several specific substantive issues (minority rights, freedom of speech, privacy, and equality) will be studied in depth to illustrate the complex interplay between theory, legal concepts and procedure, and between legal and non-legal sources of protection. It will draw on international human rights law, but will not be confined to it. The course as a whole will aim to provide the opportunity for in-depth comparative study, during which the appropriateness and utility of comparative legal techniques will be considered. There is no expectation that those taking the course will have taken any other course previously.

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.

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.

750   Corporate 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. sections 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.

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: Investigation & 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 the 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) What are the laws surrounding police interrogation and confessions? (4) Who has a right to counsel and when and how is it triggered? (5) How are police line-ups and other identification procedures conducted and what are the constitutional limits on such procedures? (6) 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?

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 field

638   Electronic&Class Action Discov

Electronic and Class Action Discovery

Electronic (or e-) discovery and class action discovery have revolutionized Rule 26 of the Federal Rules of Civil Procedure and its ensuing implementing rules. Electronic communication has become so pervasively the prescribed currency of ordinary business and personal discourse that vast amounts of contemporaneously-created information and documentation that simply did not exist before the electronic communications revolution are now available to shed light on every conceivably relevant aspect of legally significant events. The amount of information that has become available electronically (electronically stored information, or ESI), in turn, is so enormous--and so permanent in character--that an entire jurisprudence is developing around the obligation to preserve metadata, the consequences of failure to do so, the allocation of responsibility between litigating parties to bear the enormous cost of extracting and producing this information and even broader conceptual issues like whether traditional doctrines like the statute of limitations and laches should be adjusted to account for the ubiquity and permanency of metadata.

In tandem with the explosion of jurisprudence relating to electronic discovery has been the creation of similar jurisprudence surrounding the maintenance of class actions. At the forefront of class certification jurisprudence is burgeoning case law and rulemaking regarding the permissible scope of discovery in class actions. What pre-certification discovery is appropriate to determine whether a class is suitable? May pre-certification discovery implicate the merits of a dispute, or must it be restricted to discovery which goes only to the issue of whether the criteria of Rule 23 have been met? Who should bear the burden of expense for conducting this discovery? To what extent is electronic discovery available in putative class actions, and are the operative rules pertaining to the availability of electronic discovery different when discovery can be conducted as to literally thousands of putative class members?

Our course will examine electronic and class discovery comprehensively from the ground up. Our primary textbook will be Scheindlin et al's "Electronic Discovery and Digital Evidence: Cases and Materials, 3d," to be supplemented by cases and materials provided by the instructor to address specific class discovery issues and new and breaking developments in this highly fluid area of the law. In the e-discovery context, we will discuss the components of electronic discovery; the obligation to preserve, collect and produce information and the time when that obligation that begins; the sources of ESI; the principles promulgated by the Sedona Conference which have guided the development of the jurisprudence; judicially-approved techniques for the extraction of this data; and the sanctions for failure to preserve or produce evidence. In the class action context, we will discuss the contours of the discovery rules as they apply to class actions; the limits of relevancy in the class certification context; the jurisprudence which has developed regarding the permissible scope of inquiry at the pre-certification and post-certification stage of discovery; and the unique issues posed by seeking electronic discovery in the class action setting.

Since much of discovery practice pertaining to electronic and class discovery involves weighing competing considerations of relevance on the one hand and burden and expense on the other, the course will emphasize both the theory and the practice pertaining to these forms of discovery.

609   Employment Law

This is a course about legal regulation of the employment relationship. It surveys relevant common law doctrines and selected federal statutes affecting this relationship, but does not cover union formation or collective bargaining. Among the topics to be covered are the law of wrongful discharge; employee speech and privacy; employee duties; discrimination on the basis of race, sex, age, disability, and other protected traits; and the regulation of compensation. Note: In the three-credit version of this course, topics involving workplace discrimination will be addressed only tangentially. Students wanting a fuller exploration of discrimination topics should take the separate Employment Discrimination course.

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) 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 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.

791   Environmental Crimes

In the last two decades, federal prosecutors have brought more criminal cases against corporations for environmental crimes than for any other form of white collar crime, and criminal enforcement has become an integral part of pollution prevention efforts in the United States. This course considers the criminal provisions of federal environmental laws, including the Resource Conservation and Recovery Act, the Clean Water Act, and the Clean Air Act, and their application in selected precedent-setting prosecutions. We focus on the legal and policy issues raised by prosecution of corporations and their officers and employees, including the role of criminal enforcement in a complex statutory and regulatory scheme, the coordination of parallel criminal, civil, and administrative proceedings, and controversies surrounding the government's strategies, including obtaining corporate waiver of attorney-client privilege and work product doctrine.

664   European Union Law

What is the European Union and how does it work? The EU remains our single largest trading partner and our most important regulatory counterpart around the world. The EU is also a key benchmark against which we assess the effectiveness of international legal regimes from trade in goods and services to migration and human rights. And yet, as an institution of governance, the EU itself is often poorly understood. This course assumes no prior knowledge of international, transnational, or European law or politics. It will introduce you to the basic structure of the European Union, and to core substantive law from free trade and the common market to citizenship, migration, and fundamental human rights. The course covers what every lawyer needs to know about the Union and its path from international organization to body politic. (A research paper may be written 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.

675   Federal Antitrust

National antitrust policy under the Sherman, Federal Trade Commission, and Clayton Acts. Restraints of trade and monopoly problems including agreements among competitors (such as price-fixing, trade associations, and joint ventures), vertical relationships (such as resale price maintenance and exclusive territories), single firm exclusionary conduct (such as predatory pricing and predatory product innovation), and merger policy. Students do not need to have any prior economic training, but should be prepared to learn some basic industrial organizational theory and microeconomics.

677   Federal Courts

Professors Seinfeld and Whitman: 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. Professor McKeague: The focus of this course is the operation of the federal court system. The course is taught with an eye for the federal-courts jurisprudence that is most important to practitioners and includes examples and advice derived from the professor's experience as a federal trial and appellate judge. The course will cover not only the usual bases of federal court jurisdiction, such as federal question, diversity and removal, but also other doctrines that impact federal courts, including standing, ripeness, mootness, abstention and state sovereign immunity. Significant attention will be focused on federal litigation under section 1983 of the Civil Rights Acts, which is the statute used to remedy most violations of the Constitution and federal statutes.

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.

670   Gender Law and Policy

The course explores legal and policy questions relating to gender. It is organized around theories of equality, including distinctions between formal and substantive equality, nonsubordination and difference. We will cover selected cases involving employment, affirmative action, pregnancy, marriage, divorce, custody, work & family, sex-segregated schools, athletics and sexual harassment.

717   International IP

International Intellectual Property IP law is generally territorial, based on rights granted by national law. Yet political and economic interactions are increasingly global. The growth of a global digital networked environment has had a profound effect on markets, while conflict between developed and developing countries on social and economic fronts has expanded the role of intellectual property in cross-border litigation, licensing, and diplomatic initiatives. While these trends have accelerated in recent years, IP law has been a subject of global governance for more than a century. Two 19th century treaties, the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, continue to play a foundational role today. Since then, more than twenty additional multilateral treaties addressing various aspects of IP law have been adopted. States have created international institutions to oversee the implementation of existing treaties and to facilitate the negotiation of new ones. Since the 1990s, IP has assumed growing importance in international trade negotiations, and the World Trade Organization has taken on a critical role in enforcing the resulting agreements. States have also turned to bilateral and regional treaties and "soft law" instruments to regulate IP. This class will address intellectual property law in an international context. In addition to addressing how the relevant international and national law regimes operate today, the class will discuss the political economy of how those regimes developed -- and how they are likely to continue to evolve in the future. Throughout, we will consider specific problems that have animated international debates, such as conflict between developed and developing nations over access to patented medicines. This course assumes some prior knowledge of the structure of intellectual property regimes. Students who have taken at least one course in copyright, patents, or trademarks are eligible, and students who have acquired knowledge of IP regimes outside of law course work may also be admitted to the course.

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.

691   International Tax

This is an introduction to U.S. taxation of U.S. and foreign persons engaged in international activities. Topics will include U.S. jurisdiction to tax, tax treaties, allocation of income, transfer pricing, foreign tax credits, etc. The class will also addresses some of the important procedural mechanisms by which international tax issues are resolved -- e.g., advance pricing agreements and Competent Authority negotiations. The goal of the class is to provide an overview of the relevant law, giving due respect to its complexity and the policies underlying it, and to identify and wrestle with the types of issues that most frequently arise.

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.

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.

697   Intro to US Tax Law

This class introduces students to the basic concepts underlying the US income tax. It is limited to tax LLM students and is designed to prepare them for taking the other required tax classes.

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.

731   Legal Ethics & Prof Resp

Professor Clark's section: This will for the most part be a traditional course in legal ethics and professional responsibility. We will focus on the ABA Model Rules of Professional Conduct, along with other sources of law governing lawyers. Our primary aim will be to identify and analyze ethical issues that arise in the practice of law, including: confidentiality, competence, conflicts of interest, lawyer advertising, multi-jurisdictional practice, litigation ethics, negotiation ethics, and issues arising in the representation of entities. In the process, we will also consider broader questions about what sort of lawyers we want to be and how that might fit into our lives. Those broader questions, valuable for their own sake, will also help us think more clearly about the pragmatic principles and rules we need to know as we prepare to practice law. 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. The primary objectives of the course are to explore what it means to be a member of the legal profession and to create an appropriate forum for discussion of the type of ethical issues lawyers confront. Classroom discussions will provide an overview and frame of reference of how lawyers might react to those issues. 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. 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.

569   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.

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 skills. The second part of the course will apply those newly-acquired storytelling skills to various legal situations: Civil cases. Criminal cases. Appellate cases. Legislative proposals. Crisis management. We will have "in-class" discussion of real cases, along with assigned writing exercises.

735   Public Control of Land Use

This course will ask two questions to which good answers are much wanted and rarely found: What goals government should pursue in regulating land use? What tools (what institutions, what rules, what programs) might achieve those goals? In particular, for example, we will study the kinds of zoning available to municipalities; the constraints (constitutional, statutory, social, and economic) on zoning; the creation and regulation of subdivisions; the use of building codes; attempts to preserve beautiful and historically important land uses; some alternatives to public regulation of land use; the financing of land uses; and the government as landowner, developer, and financier. We will use Ellickson et al, Land Use Controls (fourth edition). Grades will be based on class participation and a final examination.

518   Race and the Law

This course will be an exploration and examination of American law and its direct involvement in defining race and minority status. We will analyze the implications of those legal definitions for minorities and non-minorities in the specific areas of education, housing, employment and the criminal justice system. The Constitution, case law, Executive Orders and other scholarly articles will guide our discussion on topics such as affirmative action, segregation, civil rights, immigration, redlining, federal contracting, racial profiling and the interplay of implicit bias. We will conclude our exploration of these phenomena with an analysis of the contemporary status of racial subordination in the legal system and the law's limitations in effectuating racial equality within our society.

762   Reproductive Justice

Reproductive Justice will be a seminar reviewing legal and ethical issues surrounding decisions about pregnancy and childbirth with a focus on reproductive injustice issues. We will look mainly at United States case and statutory law on the rights of women, childbearing issues, maternal-fetal questions, as well as laws and practices restricting access to services. We will consider embryonic stem cell issues, individual rights versus societal standards, autonomy versus medical standards, post birth accommodations and sexual rights issues. We will pay special attention to how the law defines "rights" and the difference between "Women's rights" and "reproductive justice." We will use legal decisions, statutes and readings to see if/how the legal system works to resolve conflicts and navigate social policy issues. The specific goals are: 1. To understand the impact of major legal decisions and analyze current questions about reproductive justice issues. 2. To understand relevant social and policy issues and see how the legal system plays a role in the lives of individuals. 3. To use legal and social policy approaches to help you think critically about reproductive justice and injustice in our society. 4. To think and write critically about how the legal system helps, hinders or is neutral on issues of reproductive justice. 5. To determine what the rules are, what you believe they ought to be (and why) and how to get from "are" to "ought." 6. To analyze legal and ethical materials, discuss positions taken by partisans in the reproductive justice debates, formulate thoughtful questions, discuss difficult issues and create new ways of discussing these issues.

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.

515   Sales and Secured Financing

This course will survey the laws governing the sale and financing of relatively high-dollar consumer goods, such as motor vehicles. We will examine the legal underpinnings of how sellers of these items finance their inventory and in turn, provide purchase financing to their customers. We will use motor vehicle inventory and sales financing as our template transactions for this examination. These transactions contribute hundreds of billions of dollars to our economy and provide the foundation for the vehicle industry in the United States. The course will also provide an overview of "asset securitization" transactions that are at the core of our current financial crisis. Topics to be explored in connection with these transactions include UCC Article 2 (sales), UCC Article 9 (secured transactions), the Magnuson-Moss Consumer Warranty Act; the Federal Truth In Lending Act, and other federal and state laws regulating consumer purchase financing. All presented in the context of their effect on real-world transactions involving millions of consumers annually.

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.

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.

792   Sports Law

This course will examine the nature of legal remedies available to participants in amateur and professional sports and the degree to which anti-trust law and labor law may have a bearing on these arrangements. Constitutional and legal requirements with respect to drug testing, gender equity, academic autonomy, and related matters will also be discussed.

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.

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.

606   Transnational Law

The course provides an introduction to the international dimensions of law. In the early 21st century, it is essential that every lawyer understand the making and application of law beyond the domestic (US-American) orbit. Even though most graduates will practice law in the United States, virtually every area of domestic law is affected - and many are significantly shaped by - international aspects, whether through treaties regulating transnational economic relations, interactions with foreign law, or oversight by international organizations. The main objective of the course is not to turn students into "international lawyers" but to render them "literate" with regard to the transnational dimensions of today's legal environment, i.e., to enable them to recognize, analyze, and get a grip on the issues that arise in transactions and disputes transcending the domestic sphere. The course has two main parts. In the first part (constituting about one third of the course), students are introduced to the basics of the classical concept of (public) international law: states, sovereignty, sources, dispute resolution, and interaction between international and domestic law. The second part (i.e., the remaining two-thirds) of the course then revisits each of these topics and shows how they have evolved over the last half-century into the "Complexities of the Modern Order." The class will be taught in a hybrid classroom/on-line format: for 50 % of the time, we will meet in a classroom to engage in traditional-style (Socratic) discourse. For the remaining 50 %, however, students will watch videos on-line, containing lectures, interviews with experts, and documentary material; students can take this part from wherever they have internet access and on their own time, as long as they keep up to date and are prepared for the classroom sessions.

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.

519   UN & Other Int'l Orgs

UN and other International Organizations International organizations (IOs) like the United Nations, the World Bank, and the World Health Organization play an increasingly wide-ranging and consequential role in creating, interpreting, and security compliance with international law. IOs can help to advance international policy goals. But they can also undermine international norms (for example, by imposing sanctions on individuals without due process). And, in some cases, they can cause significant harm (for example, it appears that UN peacekeepers inadvertently introduced cholera to Haiti). This course will address legal issues arising from the creation and operation of international organizations. In addition to the examples mentioned above, the course will consider the scope of IO immunity, when states can legally withhold funds from international organizations, whether the World Bank can -- or must -- consider human rights in its lending decisions, and whether the World Health Organization ought to have more or different authorities to respond to international outbreaks of infectious disease. Students will be required to write two short response papers and a final paper.

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.