Winter 2014 Course Descriptions
As of 6/30/2016 5:28:07 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.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.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.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.628 Animal Law
This course is an introduction to the expanding law that regulates human treatment of animals. In scientific and medical research, legal limitations on the use of animals are of fundamental importance, intellectual as well as practical: they may limit what can be hoped from the biosciences. Similarly, the nature and extent of protection of animals in food production systems has a large economic importance and large consequence for human welfare and population growth. Internationally, differing treatments of these issues raise questions of free trade. Nationally and internationally, legal approaches to the treatment of undomesticated animals affect critical environmental and biodiversity concerns. The course will focus both on fundamental questions, including whether conceiving of rights for animals is appropriate, and on an understanding of the current legal and administrative devices through which the human relation with animals is regulated.596 Business Basics for Lawyers
This one-credit course offers students who have little or no background in business a quick introduction to the vocabulary and selected principles of business so that students will be better able to understand and communicate with business clients or clients who interact with businesses. The course is self-contained and is delivered by Ross School of Business faculty from accounting, finance, marketing and economics over two days just prior to the start of the Winter term. Students need no prior experience with business. Those who wish to learn more about business can continue their studies at Michigan Law by taking the more advanced business courses in the " . . . for lawyers" series, such as Accounting for Lawyers and Finance for Lawyers. Conversely, students who already have considerable business background or who have taken one or more courses in the " . . . for lawyers" series should not take this course.597 Civ Rights & Const Litigation
Civil Rights and Constitutional Litigation
This course will examine litigation to enforce constitutional and civil rights, with a particular focus on the procedural and remedial questions in that litigation. We will study cases seeking damages from state and federal officers for violation of constitutional rights, including such matters as official and governmental immunities, governmental liability, the calculation of damages, and the calculation and award of attorneys' fees. We will discuss the major Reconstruction-era civil rights statutes, including Sections 1981, 1982, 1983, and 1985, as well as their criminal counterparts. We will explore the unique questions that arise in injunctive litigation seeking structural relief for violation of civil rights. And we will analyze the law governing congressional power to enact civil rights statutes, including the power to override state sovereign immunity.661 Climate Change/Sustainability
The Law of Climate Change and Sustainable Development
Law 661 - Winter 2014
Law 661, the Law of Climate Change and Sustainable Development, will focus on ways in which the law is changing in view of likely climate change impacts and to promote sustainable development. It will focus on climate change adaptation (adjusting to the unavoidable impacts of climate change), not climate change mitigation (reducing greenhouse gasses). Thus, this course will not duplicate topics covered in environmental law and energy law courses.
Topics to be covered in Law 661 will include emerging developments concerning climate change in business law, such as corporations and securities law, disclosure requirements, fiduciary responsibilities of officers and directors, and insurance law. Legal regimes promoting adaptation to climate change and fostering sustainable development will also be covered, including land use planning (especially in coastal and vulnerable areas), regional transportation planning, stormwater management, and the promotion of "green" buildings through building codes and building efficiency requirements and incentives.
The class will meet alternating weeks, with attendance and active participation in all class sessions expected of all students. Class members will write 6-7 short papers over the semester and class grades will be based on these papers and on class participation. There will be no final exam or final paper.
The tentative schedule for class meetings and topics is:
Session 01, January 15 & 21: Introduction and the national U.S. framework for climate change adaptation and sustainable development planning.
Session 02, February 3 & 4: State adaptation planning, including vulnerability assessments and disclosure requirements.
Session 03, February 17 & 18: Sustainable cities and the built environment.
Session 04, March 10 & 11: Sustainable water resources management.
Session 05, March 24 & 25: Managing vulnerable areas, including insurance and disaster response.
Session 06, April 7 & 8: Managing working landscapes (farms and forests) and natural areas.
Session 07, April 21 & 22: Building a sustainable world; the international dimension.
The required text is M. Gerrard and K. Kuh (editors), The Law of Adaptation to Climate Change, American Bar Association (2012). This text is available at a 50% discount from the list price at Ulrich's bookstore in Ann Arbor. Supplemental readings will be available through the "Resources" section of the Law 661 CTools web site.
Please send questions about Law 661 to email@example.com.
Prepared on 11/5/13 - Subject to Change680 Constitutionalism in S Africa
The course examines South Africa's negotiated transition from apartheid to a genuinely representative democracy. The class will spend considerable time on the decisions of the new Constitutional Court, exploring its shaping of a constitutional jurisprudence, particularly with regard to equality and socio-economic rights.633 Copyright
This is an introductory copyright course focusing on the public policies underlying U.S. copyright law, the way those policies have been fulfilled or thwarted by judicial decisions and by legislation, and the challenge of developing coherent copyright policy in a digital era. The course will also touch on the intersections between U.S. copyright law and international treaties, and upon other federal and state laws dealing with related subject matter.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?643 Crim Pro:Bail to Post Con Rev
An analysis of the legal and practical problems presented in the administration of criminal justice from the point of bail to post conviction review. Subjects include: prosecutor's discretion, preliminary examination, grand jury operations, discovery, joinder and severance of parties and offenses, plea negotiations, acceptance of guilty pleas, selection and role of the jury in criminal trials, selected trial problems, professional responsibilities of the prosecutor and defense attorney, and appellate and habeas corpus review.710 Employee Benefits & Exec Comp
Employee Benefits and Executive Compensation
This course is an introduction to the various subjects that have, in recent decades, coalesced into the employee benefits practice specialty. The course will emphasize the overall structure and policy underpinnings of rules governing employer-sponsored retirement and health plans, as well as executive compensation arrangements such as stock option and deferred compensation plans. The federal income tax code and Employee Retirement Income Security Act of 1974 (ERISA) are the most prominent sources of these rules, but benefit arrangements are also regulated by other laws, including securities and employment discrimination statutes. The course will survey the relevant portions of all these topics, with detailed analysis of selected issues and applications to transactions such as corporate mergers and acquisitions. Taxation of Individual Income (747) is highly recommended but not a required prerequisite.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.534 Energy Law: Reg of Electricity
Energy Law: Regulation of Electricity
This course will focus on the regulation of electricity production and distribution in the United States. Students will examine the traditional economic regulation of electric utility monopolies and the more recent move to competitive markets in the industry. The course will also cover a number of the major sources of government regulation of environmental, land use, and public safety issues associated with the electricity industry. Students will examine recent trends to promote energy efficiency and clean energy in the United States. Throughout the course, students will learn about the complex interaction between federal and state laws governing the electricity industry.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.679 Environmental Law and Policy
This course addresses legislative, regulatory, and policy efforts to prevent harmful pollution within the practical and political constraints of an industrialized society. The course begins with a consideration of the core concepts involved in environmental protection, including common-law doctrinal antecedents and early efforts to address pollution in the United States. The course then addresses the major federal environmental statutes, including the Resource Conservation and Recovery Act, the Clean Water Act, and the Clean Air Act. We consider doctrinal and theoretical issues in environmental regulation, as well as challenges that emerge in the interpretation, implementation and enforcement of a complex statutory and regulatory scheme. The course includes case studies from the federal environmental program. The course concludes with an introduction to the topic of global climate change.
Professor Uhlmann507 Equal Protection
Equal Protection: Race, Roles, Rights
This course examines the law and theory of equal protection under the U.S. Constitution. It considers equal protection both as a rubric in which race has been the central paradigm and as a framework for addressing a broader set of social issues. Topics include changing conceptions of racial discrimination and racial neutrality; the problems of social-role discrimination in the contexts of sex and sexual orientation; the fundamental-rights branch of equal protection doctrine; and the institutional considerations that shape the ways in which courts, legislatures, and other governmental bodies deal with questions of equality. Attention will be given to the University of Michigan's own experience with the constitutional law of affirmative action, from the Grutter and Gratz cases through Schuette v. Cantrell.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.
The focus of this course is the operation of the federal court system. It 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. Included are practical examples and advice from the professor's experience as a federal trial and appellate judge.516 Formation of the Common Law
The Formation of the Common Law: English Legal History from Alfred the Great to Magna Carta
This course examines the early history of the English Common Law and explores various approaches to legal history. We will study both medieval documents and key works of modern historical writing in order to obtain an overall picture of the chronology, processes, and causes of legal development. Following an introduction to the history of the period (no prior study of history is required) and to the use of historical sources, a combination of chronological and thematic approaches will be adopted. Key issues will be the role of royal authority in legal development; the impact of changes in literacy; changes in the nature of legal knowledge and thought; the separation of legal from other social norms; the degree to which legal change works by its own internal logic.788 Habeas Corpus
The writ of habeas corpus is typically used to test the legality of a prisoners detention to bring his corpus (or body) before a court for adjudication. This course will examine three different forms of the common law writ of habeas corpus: (1) the writ as a check on Executive detentions; (2) the writ as a post-conviction remedy for illegal detentions resulting from flawed federal criminal convictions; and (3) the writ as a post-conviction remedy for illegal detentions resulting from flawed state criminal convictions. Although we will discuss all three forms, the course will focus primarily on the use of the Great Writ as a means of challenging state criminal convictions in federal courts. Providing defendants with an opportunity to relitigate federal claims in federal courts is thought to protect against potential state court bias and ensure that those in prison are actually guilty of the offenses for which they have been incarcerated. Balanced against the desire to ensure fairness, however, are concerns about federalism, finality, and conservation of judicial resources. Consequently, for each expansion of the writ's scope to increase fairness to defendants, there has been a concomitant contraction elsewhere. These contractions often take the form of procedural barriers to federal court review including statutes of limitations, harmless error doctrines, exhaustion and procedural default requirements, retroactivity limitations, and successive petition bans. This course will consider the purpose of the Great Writ and examine the ways in which the courts and legislatures have expanded and contracted the writ over time.737 Higher Education Law
Through the course, students will explore key laws and legal concepts applicable to American institutions of higher education. Among other issues, the course will focus on how to weigh and balance the sometimes competing rights and responsibilities of institutions, faculty, staff, and students. For instance, the course will explore: the potential clash between the academic freedom rights of faculty and the rights of students to be free from racial and sexual harassment; Title IX and women's sports; affirmative action in admissions, financial aid, and faculty hiring; and the intellectual property rights of faculty, staff and students. The goal of the course is to introduce the fundamental legal areas affecting higher education so that students can recognize when legal issues and concepts are involved in the higher education context. Additionally, the course gives the opportunity to consider the role of "in house" counsel. The course also aims to use legal issues as a catalyst for a broader discussion of the role and meaning of higher education in today's society. Furthermore, the course offers the opportunity to consider legal and policy matters in a context in which every student will have had personal, in-depth experience. The course format will include lecture and class discussion. The course is a meet-together with the School of Education and will include both law students and graduate students in education.687 Immigration and Nationality
This course provides a general overview of U.S. immigration law and policy. The course will examine the admission, exclusion, deportation and naturalization of noncitizens in the United States, from constitutional foundations to daily practice issues. The course also will explore the rights of immigrants in employment, education, and public benefits, and will analyze the interaction of immigration law with other areas of law such as criminal law.787 Impact of Hum Rts on Int Law
The Impact of Human Rights on International Law
The efforts to protect human rights by means of international law are no less than revolutionary. They have turned states' insides out in an almost literal sense: The ways in which states treat their own nationals used to be the very core of "domestic jurisdiction" in which no foreign state or international organization was allowed to intervene. But over the last 50 years or so the relationship between governments and the people under their authority has turned into a subject of international (also:legal) concern, ranging from laying down human rights obligations in treaties, the discussion of human rights matters in international bodies and conferences, public censure and condemnation, the international "mobilization of shame," to judgments of human rights courts and sanctions against persistent violators. This development has had a profound impact not only on international politics but also on general international law - a body of principles, rules and procedures traditionally developed to cope with tasks and challenges arising at the level of inter-state (inter-sovereign) relations. The compact Course will analyse in depth the ways in which this development has manifested itself - and the difficulties to which it has led - in the most important fields of international law: its sources, particularly the law of treaties, state responsibility, jurisdictional immunities of states, and the activities of international courts and tribunals.678 International Finance
This course explores the international financial architecture. It examines international banking and securities regulation, global capital rules and cross-border issues in supervision and regulation. It analyzes U.S. rules for financial firms doing business in the United States, as well as rules governing the conduct of U.S. firms abroad. Particular attention will be paid to the extraterritorial aspects of the U.S. Dodd-Frank legislation, the evolution of global financial regulation under the Basel Committee on Banking Supervison and IOSCO, and the creation of the Financial Stability Board. We will explore the roles of the G-7/8, G-20, the World Bank and the International Monetary Fund in global finance and its regulation, and develop an understanding of the intersection between financial regulation and global trade rules under the WTO. The course also looks at regulation of financial firms in other countries, including the UK, Europe and selected nations in the developing world, both as a comparative matter and to understand the extent to which national rules require global coordination.682 International IP
International Intellectual Property
Intellectual property law is territorial, based on rights granted by national law. Yet political and economic interaction 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.
This course will consider important contemporary topics in intellectual property law in an international context. We will consider international IP issues that arise in domestic courts, including conflict of laws, jurisdiction, parallel imports, and enforcement of foreign judgments. We will take note of the principal multilateral IP treaties and international dispute resolution regimes, recent bilateral and regional treaties, emerging softlaw governance modalities, and the possible conflicts between governance by trade agreements and governance by traditional law. We will consider whether territoriality is giving way to extraterritorial applications or to harmonization in some areas, and the possible impacts of these developments upon IP regimes and economic activity.
This is an advanced intellectual property course that assumes some prior knowledge of the structure of intellectual property regimes. Students who have taken 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.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.766 Int'l Commercial Arbitration
This course will examine the basics of the law and practice of international commercial arbitration: advantages and disadvantages of arbitration as a means of international dispute resolution; the arbitration agreement; arbitrability; initiation of arbitration; appointment of arbitrators; arbitral proceedings; rendering an award, and recognition and enforcement of arbitral awards under international conventions and the laws of the United States and numerous other countries of the world. Special attention will be given to the rules and practice of the leading arbitration institutions: the International Court of Arbitration of the ICC; the London Court of International Arbitration; the American Arbitration Association; the Arbitration Institute of the Stockholm Chamber of Commerce; and the ICSID, as well as the UNCITRAL Arbitration Rules and the UNCITRAL Model Law on International Commercial Arbitration. References to other arbitration institutions and arbitration laws of various countries of the world will be frequently made. There will be classroom discussions and simulations on various issues arising in international commercial arbitration.
3 credits. Examination.502 Int'l Corp Governance
International Corporate Governance
This course will introduce students to the ongoing convergence of the corporate and capital market laws of various jurisdictions, and to the role of international economy and politics in that process. The ?convergence-from-competition hypothesis? will be explicated during the semester through readings and analysis of relevant materials, including empirical studies on the corporate ownership and capital market structure, together with an overview of major legal families of the world.
The course will begin with an introduction to comparative corporate governance as a new discipline of legal scholarship in the United States and in other countries. Students will study the current state of comparative corporate governance research by examining law review articles and other academic materials, as well as documents drawn from the actual practice of corporate governance and finance. The convergence in corporate governance discussions will be the focus of this part of the course, and the divergent approaches of the contemporary corporate governance theories will be reviewed.
Then, the class will study theory and practice of cross-listing and cross-border mergers and acquisitions to understand the two major forces of global convergence of corporate governance and finance. The class will cover the issues of international regulatory competition and arbitrage, cross-listing and bonding hypothesis, and international implications of the US Sarbanes-Oxley Act. The role of the global investment banking institutions and investment professionals in corporate governance and finance will also be discussed with some illustrative cases on cross-border mergers and acquisitions, including Gucci, Vodafone, ArcelorMittal, and DaimlerChrysler.
After that, the instructor will draw introductory studies on corporate governance from the United States, Germany, European Union, Russia, China, Japan and Korea, and explore with the students how and why the respective corporate and securities laws of these countries are converging with those of the United States. The class will also look into corporate governance of some representative international companies in those jurisdictions, including Volkswagen and Porsche, Gazprom, News Corporation, Walt Disney and Samsung Group.
Further, some important international norms of corporate governance and their implications on globalization of corporate governance will be introduced. The course will end with a discussion of the relevance to corporate governance of the international capital market integration and international prudential rules. The discussions on the role of international (soft) law in the making of a global standard of corporate governance with universal applicability will be the focus of this part of the course.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.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.777 Law and Development
The Law and Development course will address the problems of legal system dysfunction in the developing world, focusing principally, but not exclusively, on Cambodia. It will include (1) a very basic grounding in the problems facing legal systems in developing nations in addition to (2) a brief introduction to most important aspects of civil law systems and socialist law legal systems. The course will have two components, and students are required to enroll for both: first, for one credit, a series of five, two-and-one-half-hour classroom sessions; and second, a research project producing a paper, not necessarily due during the term in which the course is taken. The class will dovetail with the activities of the Program for Cambodian Law and Development. Students who do not pursue a practical internship in conjunction with these courses are required to write a one-credit research paper and must therefore enroll for section 001 of Law and Development Research. Those students who arrange to and carry out practical internship work in Cambodia (or, at the discretion of the instructor, in another developing nation) must write either a one-credit research paper or an expanded paper for two-credits applying their experience to their research. Students choosing the one-credit option must enroll for section 001 of Law and Development Research; those choosing the two-credit option must enroll for section 002.778 Law and Development Research
The Law and Development course will address the problems of legal system dysfunction in the developing world, focusing principally, but not exclusively, on Cambodia. It will include (1) a very basic grounding in the problems facing legal systems in developing nations in addition to (2) a brief introduction to most important aspects of civil law systems and socialist law legal systems. The course will have two components, and students are required to enroll for both: first, for one credit, a series of five, two-and-one-half-hour classroom sessions; and second, a research project producing a paper, not necessarily due during the term in which the course is taken. The class will dovetail with the activities of the Program for Cambodian Law and Development. Students who do not pursue a practical internship in conjunction with these courses are required to write a one-credit research paper and must therefore enroll for section 001 of Law and Development Research. Those students who arrange to and carry out practical internship work in Cambodia (or, at the discretion of the instructor, in another developing nation) must write either a one-credit research paper or an expanded paper for two-credits applying their experience to their research. Students choosing the one-credit option must enroll for section 001 of Law and Development Research; those choosing the two-credit option must enroll for section 002.731 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.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.546 Marketing for Lawyers
Marketing is ubiquitous in modern society, but largely "hidden in plain sight". The overarching goals of this course are: to introduce the basic concepts of marketing management and its role in the organization, the economy, the law, and society; to develop knowledge and analytical skills useful for decision making; to tackle real-world marketing material, suggest managerial action, and write up findings concisely; to work effectively in groups; and to get a handle on marketing as it exists today, and where it's headed. Although this is a course on "marketing for lawyers", it's not aimed at marketing oneself or one's firm per se, but rather at acquainting students with the broad and varied areas of marketing that will crop up throughout their careers. At the conclusion of the course, participants will be conversant with break-even analysis, consumer behavior and decision processes, segmentation, distribution, advertising and promotion, international and services marketing, strategy, and the beginnings of marketing research. In other words, this is very much a survey course, designed to introduce students to all the major areas of marketing, with connections to the wider legal and economic systems as time permits.705 Mergers and Acquisitions
This course explores the legal and business aspects of corporate mergers and acquisitions, with a particular emphasis on the corporate law, securities law, accounting, finance, tax and antitrust issues arising in connection with such transactions. The course develops the skills necessary to understand complex merger and acquisition transactions through the study of legal cases, business case studies, transaction documents and statutory provisions. Participation in a team simulation exercise is required. Enterprise Organization, Corporate Lawyer: Law & Ethics or The Public Corporation is a prerequisite.797 Model Rules and Beyond
You have just looked at a monthly bill recently sent to a client for a matter you have been working on nearly full time. You note that the supervising partner has taken credit for your work product and billed it at her hourly rates. Your time has been almost completely written off and, with that, any hope for a bonus. What do you do? This course explores real life dilemmas confronted by newer attorneys in their day to day practices. It also touches upon prosecutorial ethics. It examines the interplay among the model rules, professionalism and business reality when being ethically correct does not necessarily equate with being professional. The course is interactive and requires active participation by each student. Readings will include Legal Ethics: Law Stories and articles and hypotheticals posted on C-tools. Leaders within the profession will appear as guest lecturers. The course will not examine all of the model rules and is not meant to be a primer for the multi-state professional responsibility examination.508 Modern Amer Legal History
Modern 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 Civil War to the present. The course employs a braided narrative, interweaving (a) the chronological story of the rise of modern legal liberalism and an administrative and regulatory state with (b) a week-to-week sampling of different historical topics, methods, and problematics. Topics to be covered this semester include: the 14th Amendment and the remaking of American citizenship, the rise of the legal profession, classical legal thought, corporation and labor law in the Gilded Age, progressive reform, the origins of civil liberties, New Deal constitutionalism, and the modern civil rights revolution. The course also attempts to introduce some of the theoretical and historiographical perspectives that have fueled recent developments in the field.575 Natural Resources Law
Natural Resources Law is a survey course providing an overview of American law having to do with the development and conservation of natural resources such as forests, minerals, fisheries, wildlife, wind, solar, surface water (under both prior appropriations and riparian legal systems), groundwater and wetlands. It includes the development of these resources on private and publicly-owned lands and the relevant environmental safeguards such as the National Environmental Policy Act, Federal Lands Policy and Management Act, National Forest Management Act, 1872 Mining Act, Magnuson Stevens Fisheries Management Act, Wilderness Act, Endangered Species Act and similar state laws. The course also includes an examination of the constitutional protections available to private property owners and of the administrative remedies and processes available to those who would develop and those who would preserve different types of natural resources. There are no prerequisites, although familiarity with property law, constitutional law and administrative law would be helpful.547 Operations for Lawyers
Operations Management studies processes, systems and networks which transform inputs of materials, labor, capital and information into products and services which customers want and are willing to pay for. These processes, systems and networks may be managed well or poorly. Knowledge introduced in this general introduction to operations management course will help you understand the reasons for both.
Along with finance and marketing, operations is one of the three core functions of a firm. Finance manages the capital structure and cash flows, marketing manages customer relationships, and operations manages processes which yield products and services.
Taking a process view of organizations, we identify key performance measures describing capacity and utilization, flow time and rate, variability, inventory and quality. Business cases drawn from professional services, manufacturing, health care, financial and retail sectors and a competitive on-line simulation exercise will apply the operations toolset, illustrating the uses and limitations of managerial levers to improve operational outcomes.726 Partnership Tax
This course covers the provisions of the Internal Revenue Code that deal with partnerships including such items as: the definition of a partnership for tax purposes; the utilization and importance of a "balance sheet" analysis of partnership activities; the question of whether a partnership is treated as an entity or as an aggregate of separate interests; the transfer of assets to and from a partnership; the allocation of partnership tax attributes; the special treatment of recourse and nonrecourse liabilities; the operation of a partnership; the determination of a partnership's basis in its assets and a partner's basis in the partnership interest; the restrictions on the deductibility of a partner's share of partnership losses; the effect of a change in partnership interests; and the disposition of partnership interests.568 Patent Law II
Patent Law II is a continuation of Patent Law I, intended to complete the introduction to patent law. Substantial attention will be devoted to infringement and remedies, along with defenses such as inequitable conduct. Other topics will be re-examination and reissue, the interaction between patent and antitrust, and exterritoriality and the question of international harmonization. We will also devote some attention to the economics of patent law, both with regard to theories of patent and level of protection, and with regard to remedies.779 Prisons and the Law
The United States has the highest incarceration rate in the world. In 1980, approximately 500,000 people were behind bars in this country. In 2015, this figure tops 2.2 million (nearly two-thirds of whom are non-white), incarcerated in jails, state prisons, and federal prisons. This course will examine the constitutional law, and some statutory law, relevant to their incarceration. Topics will include free speech and religious rights in prison, the Eighth Amendment's ban on cruel and unusual punishments, the prison disciplinary process, solitary and supermax confinement, felon disenfranchisement, prisoner access to the courts, and race discrimination. We'll also look at Congress's efforts to regulate both prison and litigation brought by prisoners, examining the Prison Litigation Reform Act and the application of the Americans with Disabilities Act within prisons and jails. Finally, we'll examine constitutional remedies, studying the law of injunctive relief in constitutional cases brought by inmates, and also some of the issues raised by damage actions. (We will not discuss criminal procedure, habeas corpus, or sentencing.) This course is for anyone interested in civil rights, criminal prosecution, or criminal defense.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.745 Sex Equality
Theory and practice are engaged in inquiry into the relationship between sex inequality in society and sex equality under law. Context provided draws on social science, history, international and comparative law. The dominant approach to legal equality is examined on its own terms and through an alternative. Concrete issues-employment discrimination, family, rape, sexual harassment, lesbian and gay rights, abortion, prostitution, pornography-focus discussion through cases. Racism, class, and transsexuality are considered throughout. The course investigates, criticizes, and expands the law toward civil equality between the sexes.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.746 Tax of Financial Instruments
This course will present an in-depth analysis of the federal income taxation of financial instruments and transactions, with a focus on both the taxation and business aspects. In addition, we will explore selected relevant tax policy issues which the U.S. Congress, Treasury Department, and Internal Revenue Service recently have considered pertaining to financial instruments. Topics covered will include: the fundamentals of debt instruments and derivatives; basic interest and original issue discount rules; market discount and premium; variable rate and contingent debt instruments; mortgage-backed securities; taxation of derivatives (options, forwards, futures, swaps and collars); hedging transactions; and cross-border aspects of financial instruments. A pre-requisite for the course is 747 Taxation of Individuals or instructor's permission.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.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 start with an introduction to the basics of international law. We will cover how international law is made, who makes it, how it is enforced, and why states do (or don't) comply. We'll then turn to the relationship between international and U.S. law. The last third of the class will focus on case studies in international environmental and economic law. We will address how these international regulatory regimes work, whether they work well or poorly, and why.761 Water Law
The course in Water Law examines in depth the laws and methods by which the use of water, both surface water and groundwater, is allocated in the United States. It is quintessentially a class about water quantity in which water quality plays a limiting role. The text for the class will be Legal Control of Water Resources by Joseph Sax, Barton Thompson, John Leshy, and Robert Abrams, 4th ed., 2006. Topics of study will include: riparianism, prior appropriation, the five distinct doctrines that states apply to groundwater use, public rights in water, allocation of waters of shared basins, and federal water rights, and international water management. In the examination of the law in each of those areas, themes that relate water law to larger issues of development and economic policy will be considered.