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Last revised:
November 19, 2007
(This includes all changes through the issuance of
the Spring 2008 Schedule of Classes.)
IMPORTANT NOTES:
Not all elective courses and seminars are offered each year. Some elective
courses are only offered during the evening hours, beginning at 6:00 p.m. or later.
The Law School reserves the right to add, delete, or change any course, or the
credit for any course, or the courses required for graduation, at any time. Some
elective courses and all seminars and clinical programs have limited enrollments
and may not be available for every student who wants to take them. Course descriptions
that have been added or revised since 2001 are indicated by a notation of the
date the description was added or revised.
[Elective Courses] [Litigation
and Practice Skills] [Seminars]
REQUIRED COURSES
Doctrinal Courses
Law 258 Civil Procedure. A study of basic restrictions upon
the procedural systems of both the federal and state courts, and various aspects
of civil litigation in the federal system. The course focuses on the requirements
of due process as a limitation upon the personal jurisdiction that courts may
exercise over defendants and on the subject matter jurisdiction of the federal
courts imposed by Article III and congressional legislation. The course also addresses
pleadings, challenges and amendments to pleadings, pretrial discovery, adjudication
without trial, and other procedural issues. Five credit hours.
Law 275 Constitutional Law. This course provides an introduction to the
fundamental law of the United States as set forth in the Constitution and developed
primarily by the United States Supreme Court. It addresses Supreme Court review,
separation of powers, federalism, and the protection of individual rights under
the Fourteenth Amendment Due Process and Equal Protection Clauses. Specific topics
include the Commerce Clause, race and sex discrimination, abortion and the right
to privacy, and the concept of state action. These topics are explored in the
context of the historical and theoretical foundations of American constitutionalism,
including the role of the Supreme Court in American government and the controversy
over different approaches to constitutional interpretation. Four credit hours.
Law 251 Contracts. A study of issues of contract
formation, interpretation, breach, defenses, and remedies. Contract doctrines
such as "consideration" and "offer and acceptance" and modern
deviations from the traditional model are presented, as are various defenses to
the prima facie case of contractual obligation. These include the traditional
defenses of duress, misrepresentation, mistake, impossibility, and frustration.
The contract remedies of monetary damages, specific performance, rescission and
reformation are also explored. Among the other issues that may be studied are
the parol evidence rule, the statute of frauds, and the rights of third party
beneficiaries. Five credit hours.
Law 257 Criminal Law.
A study of the general principles of criminal liability, including the justification
of punishment, general concepts of act and fault, principles of justification
and excuse, the significance of resulting harm, and accountability for acts of
others. Certain specific crimes, such as murder and manslaughter, are also examined.
Modern statutory developments provide a significant focus for study. Three credit
hours.
Law 206 Legislative Process. This course provides
an introduction to the creation, implementation, and interpretation of statutes.
Topics addressed in the course include: how a statutue works its way through the
legislative system; the roles that different institutions play in a statute's
passage, interpretation, and enforcement; alternatives to our legislative processes;
the ways in which statutues embody public policy; theories and doctrines of statutory
interpretation; and the role of coures in the interpretive process. Three credit
hours.
(added 8/05)
Law
415 Professional Responsibility. This course is designed to prepare students
to recognize and deal with ethical issues in the practice of law. Topics investigated
include: conflicts of interest, actual and potential, and the limits on representation
required; confidentiality in the context of an adversarial system; lawyers' responsibilities
as advocates in and out of the courtroom; ethical problems encountered by corporate
and government lawyers; special problems facing prosecution and criminal defense
lawyers; advertising and solicitation; and admission to the Bar. Actual and hypothetical
problems are analyzed in light of the Code of Professional Responsibility and
the Model Rules of Professional Conduct, subjecting both sets of rules to critical
analysis. Two credit hours.
Law 261 Property. An
introduction to the law of property. Topics include: the meaning of ownership,
including the right to exclude and the right to use reasonably; methods of acquiring
ownership; the division of ownership into present and future interests; landlord
and tenant law; multiple ownership; non-possessory interests and private arrangements
for the control of use. Four credit hours.
Law 253 Torts.
An introduction to the basic principles of liability for harm caused to the person
or property of others. The basic topics covered include the general elements of
the plaintiffs prima facie case (legal injury, tortious conduct, actual causation
and proximate causation), the various types of tortious conduct (intentional negligence,
etc.), the relevant privileges and defenses that can be raised by the defendant
(e.g. defense of self or others, contributory negligence, and consent or assumption
of risk), and the underlying principles or policies justifying and limiting liability.
Additional topics may be covered, such as various types of traditional strict
liability (e.g. liability for nuisances and ultra hazardous activities), an introduction
to modern products liability, vicarious liability, immunities, types of damages
and other remedies, and allocation of liability among multiple responsible parties.
Five credit hours.
Legal Writing Courses
Students
who begin law school in Fall 2002 or after are required to take Legal Writing
1, Legal Writing 2, Legal Writing 3, Legal Writing 4, and a seminar. Students
who began law school prior to Fall 2002 should see the Assistant Dean for Academic
Administration and Student Affairs about their legal writing requirements.
(revised 11/04) Law 259 Legal
Writing 1. An introduction to legal analysis, research, and writing through
the preparation of legal memoranda, client letters, and other assignments. This
course emphasizes the basic skills and tools of analysis and research, and the
fundamentals of good writing. Students research and write legal memoranda and
other documents of increasing length and complexity; develop research skills,
both individually and in group projects; and learn editing skills and the basics
of legal ethics. Students rewrite several assignments after written comments from
and in-person conferences with the professor. Three credit hours.
Law 260 Legal Writing 2. This course provides additional instruction in
legal research, analysis, and writing, with a focus on written and oral advocacy.
Students write both a trial and an appellate brief, and are introduced to oral
advocacy through preparing and presenting a mock appellate argument. Two credit
hours.
Law 431 Legal Writing 3. This course provides
an introduction to non-litigation oriented transactional issues and documents,
through shorter assignments than are the norm in Legal Writing 1 and 2, and on
oral communication with colleagues and clients. One credit hour.
Law 432 Legal Writing 4. This course focuses on specialized legal research
in areas such as environmental law, intellectual property, labor/employment law,
and international law, and on drafting legal instruments common to these areas.
Students are introduced to research resources and techniques in the particular
area of focus, as well as in legislative history, administrative materials, international
legal materials, and empirical research. Students typically will prepare several
legal instruments for the specialty area and may be assigned a major paper in
the subject area. Three credit hours.
ELECTIVE
COURSES Law 359 Accounting for Lawyers. There is something
about a law student that just doesn't love accounting. Maybe it's the numbers,
although accounting involves only one basic formula and some addition and subtraction.
Or perhaps you don't know much about business. This aversion to accounting is
unfortunate, not because it's universally enjoyable to study (although it can
be gratifying and sometimes even fun). It's unfortunate because accounting plays
such an important role in many areas of law practice. Accounting is the language
of business and your clients are likely to have interests that involve financial
matters. Lawyers should understand certain fundamental things about accounting
and financial statements. Familiarity with accounting concepts has become even
more important since the 2001 Enron scandal, followed by the obstruction of justice
conviction and collapse of its auditor, Arthur Anderson and Company. Accounting
fraud also affected WorldCom and many other public and private companies. A lawyer
with knowledge of accounting fundamentals may be able to recognize "red flags"
that suggest their client or another party has committed financial fraud. The
Preface states that the casebook "strives to make accounting as teachable
as possible to law students, recognizing that many law students approach the subject
with considerable trepidation." Students are not assumed to know anything
about accounting or business when the course begins. All you need is a couple
of pencils and several erasers. Students who have taken more than one course of
undergraduate accounting may not enroll in the course. Two credit hours.
(revised 11/04)
Law 372
Administrative Law. A study of the legal problems involved in the creation,
functioning, and control of government agencies (other than courts or legislatures)
that engage in rule making or adjudication. Particular attention is given to the
constitutional constraints on agency action, including those imposed by due process,
separation of powers, and the nondelegation doctrine. The investigative functions
of agencies and the timing, method, and scope of judicial review of an agency's
actions also are covered. Three credit hours.
Law
314 Advanced Criminal Law. This course covers substantive criminal law issues
either omitted from the required criminal law course or not covered in depth.
There will likely be five main topics: punishment, focusing on the death penalty;
defenses, focusing on self-defense, necessity, duress, and insanity; inchoate
crimes, including conspiracy and solicitation; and specific crimes, particularly
rape and offenses against property. Three credit hours.
Law 268 Advanced Issues in Family Law. This course addresses a variety
of current family law issues, including divorce taxation, the drafting of prenuptial
agreements, effective discovery strategies in divorce litigation, evaluation of
closely-held businesses, treatment of deferred income plans, and effective use
of expert witnesses. Recommended preparation: Family Law. Three credit hours.
(added 12/02)
Law 267
Advanced Legislative Advocacy. This course will provide an opportunity for
students to develop and implement a complete Policy Action Plan. This advanced
course will focus on a thorough understanding of researching, understanding, and
drafting legislation, as well as administrative rules and regulations. Students
will select a topic to work on for the semester, which may be a continuation of
the topic they addressed in the basic Legislative Advocacy course. Students will
be expected to prepare a comprehensive policy review of their topic, with an in-depth
analysis of the existing laws and regulations pertaining to the topic. Students
will also be expected to develop a sophisticated research base for their topic,
which will include drafting expert testimony on behalf of a researcher. Students
will also complete research including legislative history, relevant policy makers,
and agency officials and administrators. Prerequisite: Legislative Advocacy. Two
credit hours.
(added 4/07)
Law 474 Advanced Property: Real Estate Finance and Transfers. This course
focuses on the modern real estate transaction. The course consists of two basic
parts. Part 1 will examine the process of land transfer. Topics covered include
the real estate contract, risk of loss, title assurance and deed formalities.
Part 2, which constitutes the bulk of the course, deals with the law of land finance.
Topics covered include installment land sales contracts, sale and lease backs,
mortgage formation, environmental and other due diligence requirements, foreclosure,
and equity participation. New, advanced forms of land security will also be covered.
Some attention will be given to the federal tax consequences of different transactions.
Two credit hours.
(added 4/07)
Law 301 Advanced Property: Real Estate Transactions. This course involves
a detailed examination of the legal issues arising in connection with the purchase
and sale of real property. Topics include: the role of brokers in real estate
transactions, the contract of purchase and sale, instruments of conveyance, warranties
of title, recording acts, title insurance and other forms of title assurance,
warranties of condition and other forms of quality assurance and the financing
and closing of real estate transactions. The course examines real estate transactions
from a practitioner's perspective, as well as from a more theoretical standpoint.
Three credit hours.
Law 446 Advanced Torts. The first-year
Torts course is limited, mainly by credit-hour-restrictions, to convering concepts
related to attempted recovery for physical injuries to the person caused by one's
negligence, intentional acts, or abnormally dangerous activities. In Advanced
Torts, students will analyze actions that seek to protect against intangible or
economic injuries. Among the topics that may be considered are: Defamation, the
Right of Privacy, the Right to Publicity, Fraud and Deceit, Interference with
Contractual Relations, Interference with Prospective Advantage, Injurious Falsehood,
Malicious Procedution, Abuse of Process, and various Statutory Torts. In addition,
there will be a review of the so-called "tort reforms" enacted by Congress
and state legislatures in recent years. Two credit hours.
Law 277 Agency Law. This course addresses basic principles of agency law,
particularly the doctrines associated with authority, vicarious responsibility,
and fiduciary duty. It also addresses how agency principles and doctrines are
applied in such areas as legal ethics, corporation law, contract law, civil procedure,
criminal law, torts, and constitutional law. Two credit hours.
Law 375 American Legal History. This is a survey course that examines major
themes and interpretations in the history of American law from the end of the
eighteenth century to the middle of the twentieth. Our primary goal is to explore
the relationship between historical change and changes in the law and legal institutions.
Topics include law in colonial and revolutionary America, changing understandings
of the U.S Constitution, the law of slavery, the Civil War, the rise of the corporation
and the modern state, debates over the meaning of rights, and developments in
legal education and the legal profession. We will also consider how shifts in
American culture relate to shifts in legal doctrine, including contract law, torts,
property, family law, and criminal law. Requirements include regular participation
in class discussion and a take-home final exam. Three credit hours.
(revised
8/05)
Law 363 Antitrust. A study of
antitrust law concerning problems of monopolies, price fixing, horizontal and
vertical restraints on trade and mergers. The major federal legislation in the
field, including the Sherman Act and the Clayton Act, are considered in detail.
Three credit hours.
Law 223 Appellate Courts and Procedure.
Appellate courts make important case law decisions and supervise courts below
them in the judicial hierarchy. This course will examine the functions of appeals
and appellate courts, and the process of appellate review: appellate jurisdiction,
standing to appeal, timing of review, vehicles for obtaining review, the breadth
and depth of review, and appellate lawmaking. The course also will consider the
structure of our appellate courts, and how those courts and Congress have responded,
and may in the future respond, to the threat to function posed by the increasing
volume of appeals. The course will acquaint students with the contemporary role
of appellate counsel and with the U.S. Supreme Court's certiorari policies and
practices. Although federal courts will be the main focus, many of the matters
discussed also will be pertinent to state appellate systems. Three credit hours.
Law 313 Banking Law. A study of the law of commercial
banking with special emphasis on banking as a "regulated industry."
Among the topics included are the history and structure of the American banking
system and of the federal regulatory agencies; the regulation of traditional banking
activity, including lending limitations; discrimination based on sex or marital
status; usury; reserve requirements; capital adequacy; interest limits; the formation
of a new bank or branch; branch banking; management interlocks; criminal liability;
attainment of competitive markets; banks' trust powers; and failing banks and
the FDIC. The course will include a description of the banking industry and the
regulation of banks in several foreign countries and major international financial
centers. Included are several topics of “international banking” such
as the methods by which banks of one country can operate in another country. Three
credit hours.
(revised 11/07)
Law 435 Bankruptcy. After surveying the rights of creditors under non-bankruptcy
law, this course focuses on how the Bankruptcy Code deals with those rights and
other relationships involving the debtor. Topics covered include initiation of
bankruptcy proceedings, the stay and its consequences, definition of the bankruptcy
estate, claims, priorities, exemptions, discharge, avoidance powers, executory
contracts, liquidation, reorganization, and other issues. Three credit hours.
Law 409 Business Organizations. This course examines
how businesses are organized in the United States and the variety of legal regulations
they face. It considers the different forms of business organizations, including
sole proprietorships, general and limited partnerships, limited liability companies,
and the various forms of incorporated business enterprises, with the goal of establishing
which form of organization is best suited for a variety of business goals. The
course emphasizes the rights and obligations of the various parties in the business
relationshipBemployees, promoters, partners, and corporate officers, directors,
investors, and stockholders, as well as their attorneys. Special focus also is
devoted to the question of control of closely-held corporations. These general
themes are examined in the context of specific corporate issues, including executive
compensation; proxy contests; basic securities fraud and insider trading; and
mergers, acquisitions, and tender offers. The course also includes an introduction
to basic principles of corporate finance. Four credit hours.
Law 238 Chicago Legal Clinic Practicum. The Chicago Legal Clinic, Inc.
(not affiliated with Chicago-Kent) was established 23 years ago to offer low-cost
legal services to laid-off steel workers and their families. Today the Clinic
has four offices in Chicago and represents more than 12,000 clients a year, including
victims of domestic violence, people with social security problems, clients with
immigration issues, and organizations with environmental concerns. The Pilsen
Office of the Chicago Legal Clinic assists people who are seeking to become U.S.
citizens as well as persons with other immigration concerns. In addition to offering
direct representation to individual clients, assistance is also offered at citizenship
workshops. This practicum offers a practical overview to Immigration Law and includes,
as cases permit, preparation of documents, attendance at government interviews
and assistance at Administrative Hearings. The Clinic also provides representation
to immigrants with consumer fraud problems. Opportunities include: gaining practical
legal experience in the areas of immigration and consumer law with clients of
the Chicago Legal Clinic; representing clients who are seeking to become U.S.
citizens as well as others with immigration problems before the United States
Citizenship and Immigrations Services; counseling immigrants, seniors and people
with disabilities who have limited sources of income; creating web-based educational
materials and presenting work-shops for social agencies, caseworkers, caretakers
and potential clients. A 711 license is not required. Students are expected to
work an average of 8 hours a week, in addition to a weekly meeting. No final exam.
Two credit hours.
(revised 11/05)
Law 369 Civil Procedure 2. This course will complete the overview of civil
litigation in the federal system. It will focus on judicial supervision of pretrial
conferences, the promotion of settlements, and incentives to settle; the trialBincluding
the Seventh Amendment right to jury trial, judicial control of the verdict through
judgments as a matter of law, new trial orders, remittitur and additur, different
kinds of verdicts, and juror impeachment of the verdict; the preclusive effects
of judgments; and pre- and post-judgment remedies. Three credit hours.
Law 279 Civil RICO. The Racketeer Influenced and Corrupt Organizations
Act (RICO) was enacted a generation ago primarily as a tool for criminal prosecutors
to use against organized crime. Its civil provisions were added to the legislation
as an afterthought and remained largely dormant for a decade. Today, civil RICO
is on the cutting-edge of the debate over illegal immigration. Mr. Foster has
pioneered the use of the law against employers who hire large numbers of illegal
workers in order to depress wage levels for legal American workers. These cases
have not only made headlines across the country but have also reached the U.S.
Supreme Court. This class will not only delve into the fundamentals of the RICO
statute, but also touch upon issues of market power over wages, proximate causation,
class action procedure and Supreme Court practice, concepts with broad application
in employment and business law.
(revised 11/06)
Law 626 Civil Rights History: From the Civil War
to the Civil Rights Movement. This course examines the development of civil
rights law in the United States since the end of the Civil War. Topics include:
the passage and ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments;
the retreat from Reconstruction in the courts and in society; the role of law
in creating, maintaining, and challenging racial oppression during the Jim Crow
era; and the origins, achievements, and limitations of the modern civil
rights
movement. We will give particular attention to the changing
historical context
in which courts and legislatures create civil rights law,
the role of social
movements in the formation of civil rights policy, and
the power of law to
reshape entrenched social practices. Two credit hours.
(added
11/07)
Law 265 Commercial Law: Payment
Systems. An examination of the legal regulation of various methods of payment,
with primary emphasis on checks and wire transfers and some consideration of letters
of credit, credit cards, debit cards, stored-value cards, and cash. The course
also deals with promissory notes, primarily as a means to explore the concept
of negotiability. Coverage includes Uniform Commercial Code articles 3, 4, 4A,
and 5. Three credit hours.
Law 202 Commercial Law: Secured
Transactions. This course is concerned with the structuring and use of transactions
in which personal propertyBautomobiles, computers, rights to payment, wheat, etc.Bis
used to secure business and consumer debt. It examines the rights of the parties
to a secured transaction (i.e., debtor and creditor) as between themselves and
as against third parties. The emphasis is on security interests created under
Article 9 of the Uniform Commercial Code. Three credit hours.
Law 455 Commercial Law: Survey. This course provides a survey of the Uniform
Commercial Code and is designed for those students who either do not want to take
the individual commercial law courses (Payment Systems and Secured Transactions),
or have not decided whether to take these courses. Commercial Law is clearly the
most significant substantive subject appearing on the Illinois Bar Examination,
appearing on all four parts of the exam (the Multistate Bar Examination, the Multistate
Essay Examination, the Illinois Essay Examination, and the Multistate Performance
Examination). In light of the above, it is advisable that students planning to
take the Illinois Bar Examination should have some exposure to the Code. This
course is not a prerequisite for any other commercial law course. If you take
this course, you will be able to subsequently (or concurrently) take Payment Systems
and/or Secured Transactions. If you have already taken both Payment Systems and
Secured Transactions, you may not take this course. Four credit hours.
Law 458 Comparative Constitutional Law. This course will begin with a case
study examining a single constitutional issue from the perspective of
three
different constitutional systems. The relationships between different constitutional
systems and the limitations of comparative analysis will then be discussed more
generally. The next section will look at the role and structure of constitutional
courts, in particular different approaches to judicial review. Finally, the course
will look at constitutional protection of individual and group rights focusing
on the question of what substantive norms are necessary for a constitutional system
and can such questions be answered across different constitutional cultures. Prerequisites:
Constitutional Law (please see Professor Harding if you wish to take this course
and are taking Constitutional Law at the same time). Two credit hours.
(revised
5/03)
Law 430 Comparative Law. This course
examines the problems and issues that arise when a lawyer deals with foreign clients,
foreign lawyers, or foreign law. It focuses on the differences in substance, procedure,
methods, and ways of thinking between the United States and other countries, revealing
the many ways in which the United States legal system is unique and evaluating
the implications of this uniqueness. The course examines foreign laws and legal
institutions and identifies ways in which lawyers can learn about and better understand
systems other than their own and develop strategies for dealing with the effects
of differences between systems. Three credit hours.
(revised
4/05)
Law 473 Comparative Tort Law. Comparative
law is important for at least two reasons. First, law and legal disputes are increasingly
becoming more global, so that knowledge of other legal systems with different
procedural and doctrinal structures, especially those based on the European civil
law tradition rather than the Anglo-American common law tradition, as well as
law promulgated by international organizations such as the European Court of Human
Rights, is becoming increasingly important to everyday legal practice. Second,
studying how other legal systems deal with various substantive and procedural
issues can provide useful insights for how those issues might be better dealt
with in our legal system. The premise of this course is that the benefits of studying
comparative law can be best obtained by focusing on a specific area of law, which
however encompasses issues and doctrines that are fundamental to all of law. Tort
law is such an area. Two credit hours.
(added 11/06)
Law 228 Complex Crimes Prosecution. This course
focuses on issues that prosecutors of complex crimes encounter, including the
expanded role of the prosecutor in the investigation of criminal offenses and
the legal and ethical issues that expanded role raises; offenses that cross borders
(state and national) and the issues of jurisdiction such offenses raise; and the
statutes most commonly used to prosecute a wide range of complex criminal activity.
(added 11/04)
Law
327 Complex Litigation. A study of complex litigation involving multiple parties
and multiple claims. By way of background, we consider joinder of parties and
of claims generally, and treat transfer and consolidation of civil actions. We
then emphasize all major aspects of class action litigation. The facets covered
include ethical considerations, history and philosophy, federal subject matter
jurisdiction, due process considerations, requirements for bringing a class action,
notice, settlement, administration of judicial relief, appealability, binding
effect of the judgment, attorneys' fees, and trying complex cases. This advanced
course serves to round out a student's background in civil procedure, and demonstrates
clearly in what respects and why complex litigation has presented special problems
requiring special treatment. Three credit hours.
Law
478 Computer and Network Privacy and Security: Ethical, Legal, and Technical Considerations.
More and more, both practice and the job market require lawyers who understand
the interface between law and technology. This course provides a unique opportunity
to understand that interface. No technical knowledge is required. Everything
is explained in plain English. The course addresses the issue of privacy in an
age of surveillance. How much privacy should we demand? Why does privacy matter?
How is privacy to be defined? The course addresses security issues because in
the Internet age there is no privacy without security and security failures may
yet lead to the end of the Internet age. The course provides a unique opportunity
to really understand the interface between law and technology. Three credit hours.
(added
11/07)
Law 371 Conflict of Laws. A
study of the legal problems that arise when the domiciles of the parties or other
significant facts of a controversy are connected with states other than that where
the litigation occurs. Among the topics included are: the choice of applicable
law, jurisdiction of courts, the effect of out-of-state judgments, and the rules
of decision applicable in multi-state transactions. International conflicts are
becoming increasingly frequent and important, and thus the class will include
discussion of the international aspects of each of the three main areas of inquiry
(choice of law, jurisdiction, and enforcement of judgments). Similarly, the application
of these rules in the context of cyberspace is given attention. Three credit hours.
Law 351 Construction Law. A study of contractual
relations among participants in the construction process; legal disputes arising
out of the bidding and construction process; and the customs of the construction
industry as they relate to legal problems. There will be some discussion of the
bidding process and bonding requirements. The contractual interrelationships among
the owner, the architect, contractors, and subcontractors as defined by the "contract
documents" and as implied by law will be fully discussed. Finally, an analysis
of typical construction disputes arising from contract interpretation, change
orders, time problems, and payment issues will be made. An understanding of how
contract, and tort principles discussed in substantive courses are applied and
interrelated within the construction industry will be derived from the course.
Two credit hours.
Law 378 Consumer Health Benefits. This
course is designed to expose students to some of the legal and policy issues that
confront individuals/consumers in our health care system. The course will explore
the basics of our unique system of health care financing and delivery, focusing
on how that system affects the consumer/employee/patient. Among the topics that
are explored are employer-provided benefits; managed care; HMO liability; ERISA
preemption; litigating benefit coverage denials; eligibility, funding, and benefits
in the Medicaid and Medicare programs; COBRA benefits; and health care reform.
There is no exam and students are evaluated on the basis of a paper and class
participation. Two credit hours.
Law 212 Consumer Protection
Law. This course will cover the fundamental causes of action and defenses
in current consumer protection law. The course will examine common law antecedents
of modern consumer protection law, contract and tort-based causes of action, consumer
credit, compulsory disclosure statutes, consumer contract formation issues, collection
and foreclosure issues, complex litigation issues of federal and state provisions,
civil RICO, qui tam, class actions, and governmental enforcement. Three credit
hours.
Law 405 Copyright Law. This course is a detailed
examination of the entire range of copyright law, including protection for literary,
musical, artistic, and other works of authorship. The course is centered on a
consideration of the 1976 federal copyright statute, as amended by several recent
pieces of legislation, including the Digital Millennium Copyright Act (the DMCA).
Topics covered include what kinds of work are protected by copyright, ownership
of copyright, and the rights and remedies provided by copyright law. In addition
to exploring basic questions about the purposes, nature, and scope of copyright
raised by the federal legislation, this course gives special attention to current
controversies concerning the extension of traditional copyright principles to
the online environment, the legality of peer-to-peer networks, protection for
computer programs, Internet service provider liability, the constitutionality
of new and greater forms of copyright protection, the interaction of copyright
and free speech principles, and the effect of international treaties upon U.S.
copyright law. Three credit hours.
Law 360 Corporate
Finance. This course is intended to provide a basic understanding of how stocks
and bonds are utilized in the capital formation process, how businesses raise
capital, and how the capital formation process is regulated. In addition, the
course covers some fundamental concepts of financial analysis and investment techniques.
Two credit hours.
Law 344 Criminal Procedure: The Adjudicative
Process. This course and Criminal Procedure: The Investigative Process are
a study of the legal rules governing the operation of the criminal justice system
from investigation to trial. Among the topics included in this course are: the
right to counsel, transcripts and other aids; discovery and the failure of the
state to disclose; pretrial publicity and change of venue; the right to a speedy
trial; plea bargaining and guilty pleas; the right to a jury trial and problems
of jury selection; ineffective assistance of counsel; sentencing; entrapment;
double jeopardy; hearings into probable cause; and pretrial release. Three credit
hours.
Law 270 Criminal Procedure: The Investigative
Process. A study of the legal rules, primarily constitutional, governing the
operation of the criminal justice system from investigation to trial. Among the
topics included in this course are: the meaning of due process; arrest, search,
and seizure; wiretapping and electronic eavesdropping; police interrogation and
confessions; eyewitness identification procedures; the scope and administration
of the exclusionary rules; and grand jury investigations. Three credit hours.
Law 437 Disability Law. This course examines statutes
and cases concerning people with mental and physical disabilities. Most of the
relevant law has developed in the area of schooling, insurance, employment, access
to public facilities, and estate planning and guardianships. The course also explores
the processes of administrative and judicial review as they have adapted to resolve
these cases. Preparation of disability cases, the use of expert witnesses, and
the role of attorneys in disability negotiations also are covered. Two credit
hours.
Law 215 E-Commerce. This course covers Internet
contracting both domestically and internationally; payment systems and related
privacy concerns; Internet business torts and anti-trust in e-commerce. Legal
issues are examined against the background of the nature of e-commerce. Three
credit hours.
(revised 12/02)
Law 248 Emerging Technologies. Law and the legal system anticipate and
also respond to changes in technology in ways that may enhance or inhibit the
development of new technologies and new applications of old technologies. This
course examines these changes from a historical perspective using the telecommunications
technologies and regulations as a case study. It then moves into current technological
developments in genetic engineering, surrogate parenting, interactive cable TV,
DNA testing, nanotechnology, facial recognition technologies, and the like. Legal
issues involving intellectual property, contractual relationships, constitutional
rights of individuals, rules of evidence, negligence, and products liability will
be discussed in the contexts of a variety of emerging technologies. Questions
revolve around the ways in which the legal system responds to changes with analogies
to the "known and understood," with fear of the unknown, with conflict
between legal and moral issues, with new law, and with the attorney's role in
formulating change. Three credit hours.
Law 353 Employee
Benefits Law. A detailed study of the law governing retirement plans and related
fringe benefits. Attention will be focused primarily on employer-sponsored pension
plans that qualify for favorable tax treatment under the Internal Revenue Code.
Topics include participation and vesting requirements, taxation of benefit payments,
creditor's rights, the responsibility of plan administrators and trustees, and
discrimination in favor of highly compensated employees. Three credit hours.
Law 365 Employment Discrimination. An in-depth examination of the federal
law concerning discrimination in employment on the bases of race, sex, religion,
national origin, age, and disability. Topics covered include: Title VII of the
Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal
Pay Act, and the Americans with Disabilities Act. The Illinois Human Rights Act
also falls within the purview of this course, as does the common law development
regarding wrongful discharge. Three credit hours.
Law
391 Employment Relationships. This course will focus on the legal relationship
between employer and individual employee. It will cover the common law aspects
of that relationship, particularly contracts and torts. It will then examine statutory
modifications of the common law. Statutes that may be examined include ERISA,
the Civil Rights Acts, whistle-blower protection legislation, unemployment and
workers compensation acts, Fair Labor Standards Act and OSHA. The course is recommended
for students contemplating a labor law, corporate or general practice. Three credit
hours.
Law 232 Energy Law. This course offers a basic
overview of the legal framework within which the production, distribution and
sale of energy takes place. It is offered as part of the Program in Environmental
and Energy Law but is open to all students. After a brief introduction to scientific
concepts of energy and the history of energy technology, the course will survey
the major sources of energy. The traditional sources have been oil, natural gas
and coal converted to consumer products such as electricity and gasoline. Newer
sources include nuclear and solar energy. Each source and delivery system has
its own network of property rules and contract relationships. National energy
policy will be reviewed and the impact of interregional competition on the regulation
of energy will be studied, as will constitutional and economic concepts affecting
the pricing of energy. Particular emphasis will be placed on energy issues in
environmental law. Three credit hours.
Law 373 Entertainment
Law. A general survey of the legal principles and business customs and usages
of the entertainment industry. Topics include: contract, labor, copyright, trademarks
and unfair competition, privacy and publicity rights, and constitutional law cases
and material involving the motion picture, live theater, television, music, and
print publishing branches, and the production, distribution and retail sectors
of each branch. Students interested in intellectual property and those who may
represent individuals or entities in the entertainment industry should consider
taking this course. The Copyright Law course is recommended preparation. Two credit
hours.
Law 426 Environmental Law and Policy 1. This
course examines the scientific, economic, and ethical foundations of environmental
law and policy and introduces the student to many of the major biodiversity conservation
and pollution control regulatory programs. The role of courts in policing environmental
regulation and decision-making is also covered. The course will take an interdisciplinary
approach, looking at history, economic theory and analysis, and other disciplines.
The course covers the common law origins of environmental protection, the National
Environmental Policy Act, the Endangered Species Act, Clean Water Act, the Resource
Conservation and Recovery Act, and Superfund. The course examines the substance
of the Acts and uses them as vehicles for exploring complex statutory schemes,
administrative policy-making, market environmental controls, the interplay of
federal and state environmental programs, benefit-cost analysis, risk analysis,
and environmental litigation. This is the first semester of a two-semester course
sequence. While it is required for students concentrating in Environmental and
Energy Law, it is open to all students. The course can be taken without the second
semester course. Three credit hours.
Law 441 Environmental
Law and Policy 2. This is the second semester of a two-semester course sequence.
While it is required for students in the Program in Environmental and Energy Law,
it is open to all students. Environmental Law and Policy 1 is not a prerequisite.
The course emphasizes the Clean Air Act as a vehicle for exploring complex statutory
schemes, administrative policy-making, market environmental controls, the interplay
of federal and state environmental programs, benefit-cost analysis, risk analysis,
and environmental litigation. The course will also examine global warming and
the broader concept of climate change. Two credit hours.
Law 414 Estate Planning. An analysis of the various methods of achieving
proper lifetime and testamentary planning, including the preparation of documents
in connection with estate plans such as wills and trusts. Two credit hours.
Law 311 Estates and Trusts. A study of the law relating to the gratuitous
transfer of property at death and in trust. The course will examine the formalities
required for the execution and revocation of a will, will contests, the problems
incident to intestate succession, will substitutes, the creation and enforcement
of private express trusts, the creation and enforcement of charitable trusts,
and the use of class gifts and powers of appointment to introduce flexibility
into estate plans. The course will also explore certain issues of elder law, such
as living wills and health care powers of attorney. Four credit hours.
Law 476 European Copyright Law. This course, which will be offered in intensive
format, covers European approaches to digital rights management, the exploitation
of works in computer networks (P2P, databases, software, etc.), the scope of fair
use, liability for infringements in the digital environment, and the enforcement
of rights. It considers not just the present state of regulation but looks at
future challenges as well. Available as a course or seminar. The class will meet
from Monday, August 20 through Saturday, August 25, 2007. Students taking the
class as a regular course will take an exam at a date to be determined later.
Two credit hours.
(added 4/07)
Law 291 European Union. This course is designed as a general introduction
to the legal system of the European Union (EU). It covers both its constitutional
and institutional structure and focuses on specific key areas of substantive law.
The course starts by introducing the EU's legal order, and then moves briefly
into the EU's legislative process, where it concentrates on the political and
legislative functions of the various institutions and the division of competences
between the EU and its Member States. The course pays particular attention to
the role of the judiciary in shaping the EU's legal order. The European Court
of Justice developed the fundamental notions of direct effect and supremacy of
European law. Those notions, through which rights are created for European citizens,
are examined, and the course subsequently turns to how those rights can be enforced.
The area of European Trade Law is then chosen as a 'test case' to analyse the
legal, political and social developments of the European system. In particular,
the provisions on free movements, competition, and state aids are thoroughly analysed
with reference to the case law of the European Court of Justice and to relevant
secondary legislation. This part of the course, by focusing also on specific issues
such as the tension between market forces and values (public health, European
culture, and social prerogatives), is not confined to legal themes only but indirectly
examines the role of the EU and the values and polices upon which the European
constitutional architecture is founded. Therefore, although the course is not
a comparative one, a discussion on the US and EU institutional and judicial system
is warmly welcome in each lecture. Three credit hours.
Law
273 Evidence. A study of the rules of evidence and the reasons underlying
these rules, with particular emphasis on the Federal Rules of Evidence. Among
the topics included are: competency and examination of witnesses, including impeachment;
relevancy; the hearsay rule and its exceptions; privileges; writings; opinion,
expertise, and experts; scientific and demonstrative evidence; and other issues.
Three credit hours.
Law 442 Family and Employment-Based
Immigration Practice. This course is designed to familiarize law students
with the practical, hands-on practice of family and employment-based immigration
to the United States. In an increasingly international world, the ability to obtain
and maintain lawful immigration status in the U.S., permanent and temporary, is
very important. This course will focus on ways foreign-born persons can obtain
permanent immigration status in the U.S. through their family and/or employment,
both from abroad and from within the U.S. itself. In addition, the course will
examine the temporary statuses available to persons seeking to enter the U.S.
to work or study. There are no prerequisites, but it is recommended that students
enrolling in this course have previously taken Immigration Law and Policy or have
practical experience in immigration law. Two credit hours.
Law 340 Family Law. A study of the legal problems involved in the formation,
continuation, and dissolution of the relationship of husband and wife, and the
legal problems arising from the relationship of parent to child. Among the topics
that may be discussed are are engagements; marriage requirements; marital rights
and responsibilities; divorce; property distribution; child support; maintenance;
parental rights; paternity; legitimacy; custody; adoption; and modern methods
of conception. Three credit hours.
Law 290 Family
Wealth Management. The process of accumulating, managing and transmitting
wealth raises important issues for individuals and families. This course will
expose students to personal finance and wealth management, which will help them
make informed decisions for themselves and those whom they advise. This is a practical
course that covers the following subjects: wealth, financial assets and investing;
home ownership and mortgage financing; life and disability insurance; property
and succession; income taxation of the family; wealth transfer taxation; credit,
debt and asset protection; planning for the costs of higher education, retirement
security, and end of life issues. Many of these topics are the subject matter
of specialized courses in the curriculum, including: Bankruptcy, Disability Law,
Elder Law, Employee Benefits Law, Estates and Trusts, Estate Planning, Family
Law, Gift and Estate Tax, Insurance, Personal Income Tax, and Secured Transactions.
Family Wealth Management is a survey course that is not intended to be a substitute
for any of these courses. Two credit hours.
(added 11/05;
revised 11/06)
Law 480 Famous Trials in History.
This course will investigate some of the most famous trials in history. Included
with be the Scopes trial on the teaching of evolution, the Sacco and Vanzetti
murder trial, the Leopold and Loeb murder trial (including Clarence Darrow's argument
against the death penalty), the O.J. Simpson murder trial, the Rosenberg trial,
and other controversial trials. The course will be taught in a seminar format
(although it may not be taken for senior seminar credit), with no final exam or
paper. Professor Brill will begin the course with a multi-week investigation of
the Sacco/Vanzetti case, its after-effects, and recent revelations about the case.
Thereafter, students will be assigned, in teams of two, to prepare and present
multi-media presentations of highlights from other significant trials, and lessons
learned from that trial that may have relevance for current controversial cases.
Grades will be based on the quality of the presentations. Two credit hours.
(added
11/07)
Law 370 Federal Courts. A study
of the powers of, and restraints upon, the federal judiciary, derived largely
but not exclusively from Article III. Specific issues addressed include: the concept
of judicial supremacyB the role of courts in a representative democracy; Article
I tribunals; permissible congressional control of the original and appellate jurisdiction
and remedial arsenal of the federal judiciary; abstention; sovereign immunity;
and federal review of state court decisions. Three credit hours.
Law 282 The First Amendment. A study of the constitutional protection of
speech and religion under the First Amendment of the U.S. Constitution. The course
will explore the history and theory of freedom of speech and religion; the constitutionality
of regulating seditious speech, pornography, hate speech, and commercial speech;
the permissibility of state support for religion; and other topics. Three credit
hours.
Law 393 Food and Drug Law. The U.S. Food
and Drug Administration regulates products comprising over 25% of the consumer
spending in the United States, yet its practices and mechanisms are not commonly
understood. This one agency regulates most of the nation's foods, and all of its
dietary supplements, pharmaceuticals, biological products, medical devices, cosmetics,
and other products. It does so with a variety of legal tools and varying degrees
of control over different product types, and yet its actions are guided by just
two key goals -- to protect the public health and to help new products get to
market -- and a small number of deceptively simple concepts. This course will
examine the primary powers of this important agency, how the agency has changed
over time in response to crises, business trends, and evolving public policy considerations,
and will address some of the key concepts common to all federal regulatory agencies.
Two credit hours.
(added 4/06)
Law 403 Forensic Sciences. This course is designed to familiarize students
with contemporary scientific evidence and expert witnesses. Acknowledged experts
will present their specialties with an eye towards what the lawyer should know
about the scientific area and how to select and utilize an expert witness. Emphasis
will be on topics suitable to both civil and criminal cases. Topics include: pathology,
toxicology, toolmark and firearms identification, questioned documents, fingerprints,
forensic photography, and the polygraph. Two credit hours.
Law 201 Gender and the Law. This class asks: how does gender (that is,
concepts regarding what it means to be a man or woman) construct law, and how
does law construct gender? Over the past thirty years a rich and exciting body
of scholarship regarding gender and the law has developed. It poses a significant
challenge to traditional ways of thinking about law, questioning some of the basic
premises of what constitutes justice and equality in a democracy. This course
examines the main tenets, methodologies, and controversies in this body of literature
including the meaning of equality, the intersection of race and law, the public/private
divide, concepts of objectivity and neutrality, and how law reproduces hierarchies
while also having the ability to participate in significant social change. We
will also analyze debates regarding sex work, domestic violence, reproductive
rights, the nature of the workplace, and concepts of the family. The goal of the
course is to think broadly and critically regarding the interaction of law, society,
and gender while exploring the potential and limitations of our legal system.
Three credit hours.
(added 11/06)
Law 368 Gift and Estate Tax. This course deals with the federal taxation
of gratuitous property transfers during life and at death and with the techniques
for structuring transactions so as to minimize such taxation. The emphasis will
be on gift and estate taxes, but we will also study the income taxation of trusts
and estates and the generation-skipping transfer tax. These tax rules will be
examined in the context of the kinds of transactions that give rise to their applicability:
transactions that typically include outright gifts, so-called "living"
trusts, irrevocable trusts, joint tenancies, powers of appointment, life insurance,
and employee benefits. Three credit hours.
Law 362 Health
Care Law. One-eighth of the U.S. economy involves the delivery and regulation
of health care services. This course addresses the statutory, administrative,
and judicial precedents for regulating health care from the point of view of patients,
health care professionals, and health care institutions. It covers topics such
as informed consent, right to refuse treatment, medical malpractice, human experimentation,
the regulation of new medical technologies, health care financing, and health
care reimbursement. Three credit hours.
Law 547 IIT Interprofessional
Projects (IPROs). Students may obtain one credit of independent research by
joining a university-wide team to work on projects furnished by industry. The
IPROs offered vary from semester to semester. Recent IPROs with involvement from
the law school have included: Project Bosnia, where students have helped design
computer and telecommunications packages for linking Bosnian government officials
together through use of intranets, creating internet access for media, and providing
government information on the web; Project Poland, where students have helped
establish a technological infrastructure that supports the continuing development
of the rule of law in Poland; and the International Rights and Asylum Project,
which used information technology to help educate and inform attorneys, refugees,
and other audiences all over the world about international human rights. One credit
hour.
Law 413 Illinois Civil Procedure. This course
focuses on the Illinois Code of Civil Procedure and the Illinois Supreme Court
Rules. Topics covered include: personal and subject matter jurisdiction, venue,
and pleadings and motion practice, with an emphasis on how Illinois procedural
rules differ from the Federal Rules of Civil Procedure. Two credit hours.
Law 304 Immigration Law and Policy. This timely course explores the historical
backdrop to modern immigration law and policy, its unique status in American law,
and post-9/11 issues. Topics include immigrant status (family and employment),
non-immigrant visas, citizenship, bases for exclusion and removal, and current
refugee/asylum policy and procedures. Students may also visit the immigration
court in Chicago. Two or three credit hours.
(revised 11/03)
Law 561 Independent Research. Research under the
supervision of a member of the faculty. One credit hour per semester.
Law 501 Independent Research in Lieu of Seminar. Research under the supervision
of a member of the faculty leading to the completion of a substantial paper fulfilling
the seminar requirement. One credit hour per semester.
Law
358 Insurance. Insurance is an increasingly important tool for the management
of risk by both private and public enterprises. This course provides a working
knowledge of basic insurance law governing insurance contract formation, insurance
regulation, personal, commercial, and professional liability insurance, and claims
processes and disputes. The emphasis throughout the course is on the link between
traditional insurance law doctrine and modern ideas about the functions of contract
law and public policy. Two credit hours.
Law 281 Intellectual
Property and Technology Licensing. This course emphasizes the management of
intellectual property. The intent is to provide the future corporate practitioner
with important information about managing, marketing, selling, buying, and licensing
corporate intellectual property assets (including patents, trademarks, copyrights,
data, trade secrets, software, know-how, and other types of valuable information),
and limiting corporate liability with respect to those assets. The course places
particular emphasis on software and other emerging technologies, but will also
cover traditional intellectual property issues. Two credit hours.
(revised
11/03; formerly Intellectual Property for Corporate Lawyers)
Law 283 Intellectual Property in the High Tech Era. This is a survey class
in intellectual property law in the context of the current high tech era. It covers
all four intellectual property regimes –- copyright, trademark, patent, and
trade secret. Questions related to the use of intellectual property with the current
technologies will be explored, including, for example, issues of the availability
of generic drugs to developing countries and the relationship to the patented
pharmaceuticals, the use of peer-to-peer file transfers across the internet, re-broadcast
of copyrighted works through internet streaming as well as new digital satellite
technologies, and the relationships among the regimes to protect a variety of
products. This course will meet August 7-August 20, 2004, starting at 5:30 p.m.
(all day on Saturdays). The course is a survey of intellectual property law for
students who are not pursuing the Intellectual Property certificate; we do not
expect or advise I.P. certificate students to take the course. However, certificate
students are not prohibited from taking the course. Students who take the course
and later decide to pursue the I.P. certificate may take any I.P. course in the
future. This course will not, however, count towards the credits needed to earn
the certificate. Three credit hours.
(added 4/04)
Law 387 International Business Transactions. An examination
of the legal environment of business, focusing on the legal considerations specifically
related to transactions having transnational elements. Among the topics discussed
are: national laws relating to aliens and foreign transactions, the extraterritorial
reach of American laws, international contracts, international technology transfers,
international and commercial arbitration, and international investment. The respective
roles of foreign law, foreign lawyers, and foreign clients in international business
processes are also considered. Three credit hours.
Law
374 International Capital Markets. This course examines the international
aspects of the U.S. regulation of banking and securities; the international systems
of regulating banking and capital markets including payments, settlements and
capital adequacy; and the capital markets of the European Union (particularly
U.K., Germany and France), and of Canada, and Japan. The course covers special
instruments and techniques including Eurodollar deposits, Eurobonds, Global Bonds,
international asset securitization, futures, options, swaps, offshore trusts,
and project finance. Included are materials on second-tier markets such as Singapore,
Hong Kong, Netherlands, Italy, Spain, several of the emerging markets such as
Mexico, Argentina, etc. and the special problems of the "offshore" centers
such as Lichtenstein, Cayman Islands, Antigua, Jersey, and the like. Three credit
hours.
Law 222 International Commercial Arbitration.
This course is an introduction to a rapidly-expanding field in international commercial
law. An increasing percentage of all international business contracts contain
a clause for binding arbitration in cases of dispute. The reason is simple: In
June 1958, the New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards was signed and has now been adopted by over 100 countries, including
all the major commercial countries. This Convention ensures that an arbitral award,
rendered anywhere in the world, will be enforced in the courts of the signatory
countries. Judgments of courts do not receive this treatment: court awards are
very difficult to enforce in other countries. Students will gain a working knowledge
of the various international treaties which provide the structure of international
commercial arbitration. The course will explore the ways in which arbitrations
can be structured: either ad hoc or under the umbrella of an international organization.
The course will examine several umbrella organizations and their "Rules,"
including The American Arbitration Association, the International Chamber of Commerce
(ICC – Paris), The London Court of International Arbitration, UNCITRAL (United
Nations Commission on International Trade Law), the International Centre for Settlement
of Investment Disputes, and UNCITRAL's Convention for the International Sale of
Goods. Topics to be covered include: under each regime and each set of rules,
how does an arbitration panel obtain jurisdiction, how are the arbitrators chosen,
what is the process, the rules and the costs, where does the arbitration take
place, which language is used, how is evidence obtained and admitted, etc. No
prerequisites. Three hours credit.
(added 4/04)
Law 235 International Commercial Litigation. This
course will examine international commercial litigation from the investigation
of transnational disputes through the enforcement of judgments in the United States
and abroad. Topics studied will include, among others, case analysis, jurisdiction
over non-U.S. defendants, service of process on foreign defendants, obtaining
evidence abroad, extraterritoriality, trial of transnational cases, and enforcement
of judgments. International arbitration will also be examined. The course will
be taught from both an academic and practical perspective, using actual court
documents where appropriate. Three credit hours.
Law
312 International Human Rights. The course involves both a definition of human
rights as well as enforcement procedures for the implementation of human rights.
The historical and philosophical bases of human rights are examined starting with
the works of various thinkers from the diverse schools, particularly natural law,
positivism, Marxism and the sociological school. The Universal Declaration of
Human Rights and the later International Covenants are looked at in terms of the
influences of the various schools. The course addresses the question of whether
there is agreement as to fundamental human rights. Recent developments and tensions
in the field of human rights, particularly since the increased membership of countries
from the "third world" and socialist bloc countries, are investigated.
This is highlighted by focusing on the later two covenants of the United Nations
particularly the Covenant on Social, Economic and Cultural Rights, which enlarges
the scope of human rights to include welfare, cultural, and economic rights. Finally,
the course focuses on the contribution of international and non-governmental organizations
in the protection and implementation of human rights. Two credit hours.
Law 236 International Intellectual Property. This course examines issues
of intellectual property law raised by the exploitation and use of creative and
commercial products in an international environment. General topics covered include:
the negotiation and conclusion by states of different types of agreements prescribing
standards of intellectual property protection under national law; efforts to create
supranational intellectual property rights; resolution of disputes between states
regarding compliance with obligations imposed by international intellectual property
law (primarily under the dispute settlement system of the World Trade Organization);
the interaction of trade policy and intellectual property laws; and the private
enforcement of intellectual property disputes involving international components.
Under these general headings, the class will address both fundamental principles
underlying the international intellectual property system and issues of current
interest and debate. For example, in the latter category, the class will discuss
the extent to which states can ensure access to essential medicines (such as HIV
drugs) through compulsory licensing of patented drugs; the effect of the Internet
on territorial copyright and trademark laws;institutional reforms designed to
facilitate faster international intellectual property lawmaking; treaty provisions
requiring protection under national law of technological measures designed to
restrict access to copyrighted works; restrictions imposed upon the availability
of so-called parallel imports; cross-border infringement litigation in a single
court seeking relief against conduct in several states; extraterritorial protection
of intellectual property rights; and proceedings by trademark owners before ICANN-authorized
dispute settlement panels to recover domain names under the Uniform Domain Name
Dispute Resolution Policy. Prerequisite: any one of Copyright Law, Trademarks
and Unfair Competition, or Patent Law. This requirement may be waived only with
permission of the instructor. Three credit hours.
Law
475 International Intellectual Property Litigation. As intellectual property
is increasingly exploited in more than one country simultaneously, disputes arise
that have transborder components. Thus, for example, when the makers of the Blackberry
personal data assistant were sued for patent infringement, they sought to escape
from liability under US law (where the plaintiff had a patent) by arguing that
much of the Blackberry communication process occurred in Canada (where the plaintiff
had no patent). Likewise, when Microsoft feared that its Windows mark might be
declared generic by a U.S. court in a dispute with a rival software developer,
it quickly brought parallel trademark infringement proceedings against the developer
in European countries and sought to leverage a victory in those countries to force
a settlement of the US dispute. In the copyright context, what is the relevance
of the fact that the distributors of the Grokster software were not located in
the United States? Did it matter that they are located in a country with less
strict copyright laws? These types of questions and disputes will be the subject
of this course. International intellectual property litigation involves not only
the substantive rules of intellectual property law in the relevant countries,
but also the rules of conflict of laws that determine which courts can hear cases,
which claims those courts can hear, which law the court applies, and whether the
judgment of one court will be recognized by other courts. We will read opinions
primarily of US courts, but there will also be discussion of decisions in this
area from courts in Europe and elsewhere. The rules on private international intellectual
property litigation are, perhaps appropriately, being developed through a truly
international conversation among judges and policymakers. We will also discuss
the draft American Law Institute project on Intellectual Property: Principles
Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes,
which is being considered by the membership of the American Law Institute in May
2007. Prerequisite: Students should have taken at least one of the following courses:
Copyright Law, Trademark and Unfair Competition Law, or Patent Law. Students who
do not satisfy this prerequisite may contact the instructor to request its waiver.
Three credit hours.
(added 4/07)
Law 383 International Law. This course introduces students to the key concepts
and doctrines of international law. Students learn the sources of international
law such as custom and treaty, the role of international organizations such as
the United Nations, the bases of international jurisdiction, laws governing the
use of force and the protection of human rights, and the constitutional structure
of U.S. participation in the international legal system. An understanding of these
core concepts, rules and institutions is vital to more advanced and in-depth study
of world events, such as the Persian Gulf crisis and war in 1990-91 and the disintegration
of the Soviet Union in 1991-92, and places these events in the context of the
development and application of international law. The course also examines the
development of regional organizations such as the European Union and North American
Free Trade Agreement and the role the institutions of these arrangements play
both in international and municipal legal systems. Three credit hours.
Law 312 International Organizations. This course will focus upon the legal
and policy issues raised by the development and functioning of intergovernmental
organizations, with the emphasis on organizations having wide membership, particularly
the UN. It will encompass a course in United Nations law and a comparative study
of international organizations with a focus upon how these organizations deal
with human rights issues. Issues relating to rulemaking, dispute settlement, and
enforcement will be central to this course. It will consider, among other topics,
the privileges and immunities of international organizations, relations between
the United States and the United Nations, the past role of and future composition
of the Security Council, and restructuring proposals for the economic and social
functions of the U.N. Three credit hours.
(added 11/04)
Law 384 International Trade. This course involves
a comprehensive study of the international trading system, with attention to the
role of the General Agreement on Tariffs and Trade, the IMF, and regional and
bilateral trading arrangement (e.g. the European Union and the U.S.-Canada Free
Trade Agreement). The U.S. legal system with respect to international trade will
be considered in detail, including discussion of constitutional issues, treaty-making,
and Congressional and Executive authorities. Attention will be given to specific
legislation and regulations involving export and import controls, as well as remedies
against unfair trade practices. Current issues such as the implications of the
EU's 1992 plan, the treatment of nonmarket economies, trade-related aspects of
intellectual property, trade in services, and controls on the use of economic
sanctions will be analyzed. Three credit hours.
Law 400
Internet Law. This course covers legal and policy issues raised by the impact
of the Internet on existing law. Topics considered include: freedom of speech,
privacy, intellectual property, trademark and copyright, commercial transactions,
computer crime, and jurisdictional issues. Course materials are available only
on the Internet. It is a prerequisite of this course that students have a laptop
with ability to connect to the Internet from home and the classroom. Three credit
hours.
Law 210 Introduction to the American Legal System.
This course provides an overview of American constitutional and procedural law,
with an introduction to the U.S. judicial system, legal methodology, and government
structure. The course is open only to exchange students and students in the LL.M.
Program in International and Comparative Law. Two credit hours.
(added
5/03)
Law 456 Juries, Judges & Trials.
This course will look at juries and judges as decisionmakers, but will focus primarily
on the jury. As background, we will examine the constitutional rights to a civil
and criminal jury trial, and then focus on such features of the jury as venire,
voir dire, peremptory challenges, instructions, deliberations, and differences
in perception. We will consider the scope of jury authority, including jury nullification,
as well as various models for the proper role of the jury in our society. There
will be a take-home exam at the end of the course. Three credit hours.
Law 346 Jurisprudence. Many people submit to the law simply because they
believe that the institutions administering it are just. But what if a law itself
is unjust? The duty to obey law presupposes that laws are both consistent and
just: because they sometime aren't, difficult cases arise in which appeals to
a higher political morality become necessary if justice is to be served. But what
is this higher political morality and what is its connection to the institutions
we rely upon to do justice and protect our human rights as well as to the laws
that are actually produced? Is this higher political morality the morality of
our society or something broader? And, if it is something broader, how do we discover
what it is? In this course, we will attempt to answer these and other questions
by considering the relationship between legal and political philosophy, showing
how the former is incomplete without the latter. Taking the problem of how to
solve difficult cases as our point of departure, we will look at the inherent
incompleteness of conventional theories of law with the idea of developing a meta-theory
that would enable judges to decide difficult cases by drawing upon the best available
theory of politics appropriate to the case's level of abstraction. By so doing,
it is hoped that we will be able to produce resolutions for some kinds of controversial
cases and open doors to the way we should think about others. It is also hoped
that the course will provide an avenue for a broad critique of the way legal and
political institutions operate including the way law schools educate and judges
actually decide cases. Two credit hours.
Law 329 Juvenile
Law. This course examines federal and state laws and cases involving juveniles.
The Illinois Juvenile Court Act is covered in depth. Areas covered include delinquency,
neglect, adjudications, dispositions, sentencing alternatives, social service
agencies and constitutional safeguards for minors. Three credit hours.
Law 380 Labor Law. An examination of the theory and practice of the law
governing the relationships between labor unions and employers. Among the topics
covered are: the historical background of labor relations law; union organizing
and the law; procedures for the selection of union representation; the law and
process of collective bargaining; strikes, boycotts and picketing; and grievance
and arbitration procedures. Four credit hours.
Law 401
Land Use. A course exploring land use controls such as zoning and subdivision
regulations as exercised by local and state governmental units. The course analyzes
the history of land use controls and explores topics such as flexibility and discretion,
improper influence and corruption, alternative land use control schemes, suburban
zoning and racial/economic exclusion, environmental protection by land use schemes,
and growth control. In the process of exploring land use controls, the course
analyzes the local institutions and procedures, constitutional issues, and the
question of when an improper taking of property occurs in our legal system. Three
credit hours.
Law 286 Law and Literature. This
is not a course in intellectual property. Nor is it a course in literary criticism.
It is a law course, but a law course that employs literary works the way other
law courses employ cases and statutes. Works of the literary imagination will
be used as texts to be mined for the insights they might provide into the nature
of law and justice and as stimuli to more wide-ranging discussions. We shall explore
legal issues involving criminal law, family law, contract law, military law, civil
rights law, Biblical law, property law, professional responsibility, international
law, morality, justice. We shall consider issues of race, class, religion, gender,
sexual orientation. The reading list will consist of plays, rather than novels
or short stories. Prerequisite: a willingness to engage with your fellow students
in vigorous discussions. Three credit hours.
(added 11/04)
Law 471 Law, Economics and Justice. This course
is a "capstone" course that will review basic doctrines covered in the
first year courses (property, contracts, torts, criminal law, and procedure),
and possibly other topics, with the purpose of exploring the extent to which those
doctrines and areas of law can be explained, justified, criticized, or revised
from the perspectives of economic efficiency and justice. Students who take the
course should benefit from a more systematic analysis and review of the basic
legal doctrines that form the foundation for most of the law, an understanding
of basic (microeconomic) efficiency theory as applied to the law, a better understanding
of the principles of justice and their application to various areas of the law,
and an ability to recognize, employ and criticize efficiency and justice arguments
in and outside the law. Three credit hours.
(added
11/06)
Law 250 Law, Literature and
Feminism. This course will examine the development of feminist legal theory
by focusing on several cases, writings of theorists, and novels that provide further
illustration of the theories. The early advocates of women's rights argued in
court cases for equality; this theme is also developed in Zora Neale Hurston's
novel, Their Eyes Were Watching God. The Supreme Court case focusing on maternity
leave raised the question whether women should be arguing for equality or difference;
Toni Morrison's novel The Bluest Eye asks a similar question. Catharine MacKinnon
and Carol Gilligan gave the debate a slightly different turn, with MacKinnon focusing
on the need to rectify an existing power imbalance and Gilligan emphasizing an
appreciation of difference. Both these approaches intersect in Gloria Naylor's
The Women of Brewster Place and Cristina Garcia's Dreaming in Cuban. The course
will require attendance, participation, four ungraded writing assignments (1-2
pages), and a take-home final exam. Two credit hours.
(added
5/03)
Law 252 Law of Privacy. Privacy
may be one of the most pervasively discussed issues in this decade as a result
of the increased concerns for security in travel, the openness of the Internet,
the consolidation of information in massive databases both by corporations and
by governments, high incidence of identity theft, and the development of more
and more highly sophisticated "listening and viewing" devices. This
class examines privacy as protected by statute B through a patchwork of privacy
acts B and the concomitant freedom of information requirements of a democratic
government, as developed through tort doctrine in the courts, and as articulated
through the Constitution of the United States and those of the various states.
All aspects of privacy are considered, including wiretapping, government-required
personal and business information, personal, family, and reproductive autonomy,
the "right to be let alone," and the right of publicity. Three credit
hours.
Law 237 Law of Trade Secrets. This course
examines trade secret law, a fourth intellectual property regime. It will include
the common law development of trade secrets as well as the philosophical underpinnings
in contract, property, and tort law, and the development to the present through
the Restatement and the Uniform Trade Secrets Act. It will also examine the relationships
between federal and state trade secret law, the relationships between trade secret
law and the other three intellectual property regimes, and the relationships between
trade secret law and other areas of law, such as employment law and law governing
business relationships. Three credit hours.
(added 12/02)
Law 467 Lawyer as Investigator. In this course,
we will explore how lawyers gather, analyze, and present facts. While law school
does a marvelous job training students to find the law, it has ignored the vital
role lawyers play in discovering the facts. This role has garnered much attention
lately as lawyers have been accused of breaching ethical duties thru techniques,
such as pretexting, used in the Hewlett-Packard scandal. While criminal litigators
have focused extensively on this role, civil lawyers also do a great deal of investigating.
Lawyers will do more of these as more regulation is imposed on corporate America
thru legislation, such as Sarbanes Oxley. Accordingly, students will learn how
to: (1) develop physical evidence; (2) conduct interviews and interrogations;
(3) process physical evidence; (4) retrieve electronic evidence; (5) use investigators
and experts; and (6) utilize formal discovery. Students will be required to develop
two investigation plans - one for a criminal case, one for a civil case. Students
will also be required to do several presentations to the class. Class participation
will also count toward the final grade - there will be no final exam. Three credit
hours.
(added 11/06)
Law 267 Legislative Advocacy. Corporations, public interest groups, governmental
entities and other business clients frequently seek advice on legislative matters.
Lawyers need to know how to access and communicate legislative information to
their clients, and be adequately informed about the legislative process. This
course is designed to train students in effective advocacy techniques to competently
present matters to policy makers and work within the legislative process. The
course is divided into four general modules: the law of politics; the legislative
process; lobbying; and effective advocacy techniques. In addition to the traditional
lecture format, students will learn through the use of role-playing, research
assignments and a hands-on advocacy assignment involving actual legislation. Students
will learn how to research legislation, present initiatives to policy makers,
and influence the process. Two credit hours.
Law
239 Management of Intellectual Property Portfolios. This class examines the
various types of business and personal transactions that implicate or center on
intellectual property assets, particularly where business and legal considerations
tend to collide. Topics include the securitization of intellectual property; intellectual
property valuation for various purposes; tax consequences of intellectual property
transfer; strategic use of intellectual property through licensing and litigation;
due diligence in assessing intellectual property portfolios for mergers and acquisitions;
and the role of intellectual property in bankruptcy. Prerequisites: Intellectual
Property in the High Tech Era, or completion of two of the following courses:
Copyright Law; Patent Law; Trademarks &
Unfair Competition; Law of Trade
Secrets. Two credit hours.
(added 11/05)
Law 334 Medical Malpractice. This course will examine various topics relating
to medical malpractice litigation. Among the topics to be considered are: pleadings,
discovery, expert testimony, damages, statutes of limitations, res ipsa loquitur,
informed consent and independent contractor issues. Two credit hours.
Law 484 Mental Health Law. This course covers all aspects of the law dealing
with persons with mental health needs and their treating professionals. Topics
covered include, but are not limited to, mental health treatment both in-patient
and out-patient, confidentiality laws and rules, mental health records, duty-to-warn
situations, treatment of children, guardianships for persons with mental health
issue, government regulations and benefits which might apply, services available,
accommodations in the workplace and in public situations, estate and trust planning,
etc. The course will deal with mental health issues at all ages, and with the
many ways in which they can and should be addressed by attorneys and the families
or professionals they are advising. Two credit hours.
(added
11/07)
Law 227 Money Laundering. This
course will first cover the historical antecedents to the newly revised regime
of "money laundering" -- criminal fraud, the Foreign Corrupt Practices
Acts, bank fraud, the Bank Secrecy Act, mail and wire fraud, and the rise of "white
collar crime" generally. The central portion of the course covers the law
of bank reporting (Currency transaction reporting, Suspicious Activity Reports,
etc.); confiscation, forfeiture and asset freezing; how the different types of
underlying criminal activity (tax evasion, trafficking in drugs, arms, people,
etc.) affects the application of second-line enforcement mechanisms; and use of
"offshore" havens for "asset protection," in the contexts
of evading creditors (tax authorities, divorce, bankruptcy). The third portion
of the course will cover the new regime created by the Gramm-Leach-Bliley Act
of 1999, the USA PATRIOT Act of 2001 and the Sarbanes-Oxley Act of 2002, and the
particular liabilities of attorneys. Included will be the international aspects
of enforcing money laundering and privacy laws, the OFAC, and an examination of
the various international agencies operating in the financial areas such as FinCen.
Topics may also include identity theft, the rise of forensic accounting, and the
use of religious groups and other non-profits for money laundering. Two credit
hours.
(added 12/02)
Law 481 Narrative Perspectives on the Death Penalty. This course will use
a variety of narrative (i.e. story-telling) sources, including fiction, non-fiction,
film and theater, to examine the death penalty and its legal, moral, political
and emotional aspects. The specific content of the course will be determined,
in large part, by the members of the class and their interests. Some of the works
that may be included in the course are Truman Capote's In Cold Blood, Norman Mailer's
The Executioner's Song, Franz Kafka's In the Penal Colony, Dead Man Walking (film),
and The Exonerated (play). All students will be required to give a class presentation.
Students choosing to take the class for seminar credit will write a research paper
and those choosing to take it as a regular course will do a take-home exam. Two
credit hours.
(added 11/07)
Law 472 Natural Resources Law. This course covers the legal regimes that
control the choices that individuals and society make about the use of natural
resources. These resources include water, public lands dedicated to mining, timber
production, recreation and preservation, and renewable living resources such fish
stocks. The course will emphasize the tension between regimes put in place in
the 19th century to encourage the exploitation of natural resources for human
benefit and legacy of the environmental movement with emphasis on conservation,
mitigation, and preservation. Three credit hours.
(added
11/06)
Law 255 Nonprofit Law. Nonprofit
organizations -- including churches, hospitals, universities, cultural institutions,
social service charities, advocacy groups, unions, trade associations, and social
clubs -- make up about 10 percent of the economy. Their operations and role in
society raise important and difficult issues that cut across a variety of legal
fields. In addition, as "ownerless" enterprises serving the public good,
nonprofits present challenges for good governance, public oversight, and appropriate
public subsidy. We will study the relevant aspects of constitutional law, trust
and property law, corporate law, and tax law. Three credit hours.
Law 402 Patent Law. Public policies underlying various invention protection
systems are analyzed as background for understanding the fundamental concepts
of U.S. patent law. The nature of patentable subject matter in the U.S. and the
statutory requirements of utility, novelty, and nonobviousness are examined in
detail. Students also consider the process of obtaining and enforcing patent rights.
Such consideration includes an overview of the disclosure, enablement and claim
requirements for a patent application, as well as the scope of protection granted
to the owner of an issued patent. The interpretation of patent claims is covered,
with special emphasis placed on construing claims under the evolving doctrine
of equivalents. Remedies for patent infringement are also reviewed, as well as
the defense of patent misuse. Three credit hours.
Law
211 Patent Litigation. Students will examine major issues of substantive law
and strategy facing a lawyer involved with patent litigation. The class sessions
will focus on the leading cases in emerging areas of patent law. Such areas include
infringement under the doctrine of equivalents, the scope of remedies available
to a patent owner, the proofs required to establish patent invalidity, and the
role of a jury in deciding complex technological issues. The class will also address
procedures for developing and presenting at trial a credible theme and conducting
a coherent program of trial preparation. Prerequisite: Patent Law. Three credit
hours.
Law 284 Patent Office Practice. This course
focuses on the substantive and procedural requirements for preparing and prosecuting
patent applications. Strong emphasis is placed on drafting patent claims and preparing
effective responses to rejections of applications by the U.S. Patent Office. The
course also covers other aspects of practice before the Patent Office, including
interviews, appeals, and applications for the reexamination and reissue of a patent.
The nature of nonobviousness, the doctrine of equivalence, and the patent applicant's
duty of candor are reviewed in detail. Patents is a prerequisite. Three credit
hours.
Law 298 Patenting Human Genes in Europe and the
U.S. One of the principal aims of patents is to promote competition and further
scientific progress through the commercialization of technologies. Nevertheless,
patents are fundamentally anti-competitive and, a proliferation of patent rights
upstream might potentially hinder essential innovations further downstream in
the course of scientific research and product development, because each upstream
patent allows its owner to create another obstacle on the road to product development,
adding to the cost and slowing the pace of downstream innovation. In order to
deal with this dilemma, great care is needed for a reasonable balance to be found
between the promotion of competition, the enhancement of scientific research,
and the protection of intellectual property rights. To keep such a reasonable
balance, each new technology has necessitated modifications to the law. Aware
of that fact, the European Union enacted Directive 98/44/EC to clarify the issues
surrounding the patenting of human genes. While this was a welcome progress, it
has generated fundamental questions of its own. Also, in the U.S. and Japan the
patentability of human genes is under debate. While these patent systems have
a great deal in common, they reveal also fundamental differences with regard to
the patentability of biotechnological inventions. Thus, the Trilateral Projects
between the EPO, JPO and USTPO have attempted to clarify their respective doctrine
further. This course will concentrate on the requirements that have to be fulfilled
by human genomic inventions in order to be patentable in the US and Europe. Students
will learn about the interpretation of the patentability requirements by European
and U.S. courts and the legislative framework that serves as the basis for their
decisions. Moreover, we will examine how the patent granting authorities in Europe
and the U.S. apply these rules. This will serve as a basis for a discussion on
how the rules should be interpreted in the light of the rationales for patent
law.
(added 8/07)
Law
276 Personal Income Tax. A study of the federal income tax laws as they affect
individuals. Major topics include: identification of income, deductions, exclusions,
and credits; assignment of income; timing principles; capital gains and losses;
and deferral and nonrecognition provisions. Three credit hours.
Law 468 Practical Litigation: From Start to Finish. The intent of this
course is to give aspiring lawyers a taste of what it is really like to litigate
matters in state and federal court in Illinois and throughout the United States.
The course will cover initial case evaluation, preparation of the Complaint or
Answer to the Complaint (including applicable affirmative defenses), motion practice
intended to narrow triable issues, discovery (written and oral), and trial preparation.
In other words, the course will cover practical litigation skills necessary to
handle a case from start to finish - the things that many lawyers say "they
don't teach you in law school." The course will address only civil litigation,
not criminal. Two credit hours.
(added 11/06)
Law 271 Practice Before the Federal Circuit. This
unique course will focus on the practice of law before the Court of Appeals for
the Federal Circuit (CAFC). The CAFC has exclusive appellate jurisdiction to hear
patent cases and appeals from the U.S. Patent and Trademark Office, as well as
cases involving several non-patent related issues. Prerequisite: You must have
taken, or presently be taking, Patent Law. Course Requirements: (1) The course
will begin in September, but will also include several classes in January. Students
will be required to attend class on most Mondays during the Fall semester from
7:35 - 9:25 p.m. (2) Students will be required to compete in the Chicago-Kent
intramural Giles Rich Moot Court Competition, submitting an appellate brief and
presenting an oral argument on a Saturday afternoon in January. The problem used
for the intramural competition will consist of the Giles Rich Moot Court Problem.
Such problems frequently involve patent law and occasionally trademark or trade
secret law. Why take this course? This course will teach you appellate advocacy,
both with respect to how to identify the issues and write a convincing appellate
brief and how to prepare for, and present, a winning oral argument. Top students
in the class will be invited (but not required) to represent the school in the
Giles Rich Moot Court Competition. Chicago-Kent students taking this course last
year placed second in the Midwest Regional Competition and advanced to the National
Competition in Washington, D.C. Two credit hours.
(revised
4/04)
Law 470 Practicum in Business Transactions.
This course will introduce students to "real life" business transactions
through a series of simulations. The transactions covered will include business
acquisitions and combinations (M&A), joint ventures, project finance and other
financings, purchase and sale arrangements, licensing arrangements, distribution
arrangements, and dispute resolutions. Students will work in teams on opposite
sides of a transaction and will walk through all stages in the evolutions of a
transaction (planning, negotiating, drafting, closing). Time permitting, ancillary
issues such as tax and regulatory matters will also be considered. Two credit
hours.
(added 11/06)
Law 350 Products Liability. A study of the source, development, and limits
of the law of products liability, including theories of liability rooted in negligence,
warranty, and strict liability and the liability of sellers, manufacturers, and
others to users, bystanders, and other parties for "defective" products.
Two credit hours.
Law 434 Property Rights and Social
Conflict. This course will explore the role of property rights in resolving
current social conflicts. We will cover a significant range of topics, many of
which are taught more comprehensively in other courses, but the purpose of addressing
them here is to discuss how we use the idea of property rights in a wide array
of areas as tools for resolving social issues. We will begin by looking at some
general material on the nature of rights, including who/what is entitled to be
a rights-bearer, and from there look more specifically at the nature and extent
of property rights. Following this general and theoretical introduction we will
move on to an exploration of how and why the constitution protects property. In
this section we will also look at examples of how other nations with newer constitutions
have chosen to protect property interests. Given that many current constitutional
property rights cases -- the regulatory takings cases -- concern the impact of
conservation policies, our constitutional discussion will be followed by a section
focusing more broadly on property rights and the environment. In particular, it
will examine whether property rights are effective or alternatively ineffective
as tools for environmental protection. From here we will move into areas of discussion
that overlap with intellectual property -- in particular the nature of property
rights in personal information, genetic information, aspects of human reproduction
and body parts and substances. Following this exploration of property rights in
what we might consider deeply personal material, we move on to a discussion of
property rights in uniquely cultural material, cultural property, and traditional
knowledge. In this section we will also address property in its temporal dimension
(historic injustices) through the concepts of reparation and repatriation. If
you wish to receive seminar credit for this course, please see Professor Harding.
Three credit hours.
(added 11/04)
Law 464 Public Interest Law and Policy. This course offers an overview
of the issues faced by lawyers representing low income clients and lawyers who
serve under-represented and disenfranchised groups. The course will begin with
an investigation of the meaning of public interest law. The bulk of the course
will cover the key cases decided and legislation passed since the 1960s when the
Johnson Administration launched its war on poverty in the United States. These
cases may include court decisions and legislation affecting income support for
low income people including federal welfare programs, social security and state
general assistance programs. Low income housing, medical care, nutrition and access
to courts may also be explored. In addition, the course will explore ethical issues
that arise when lawyers represent low income clients and professionalism questions
that are raised by the special role lawyers play in providing access to justice.
Three credit hours.
(added 4/06)
Law 469 Real Estate Fundamentals and Syndications.
This course will take a practical approach to understanding current issues in
real estate. Covered topics will include syndications, tax and securities law
implications, real estate financing, zoning and land use, title and survey review,
leases, condominium development, closing and post closing issues, Forcible Entry
and Detainer, and commercial real estate asset management. Two credit hours.
(added 11/06)
Law
433 Religion and the Law. The goal of this course is to understand the tensions
between religious beliefs and practices and the claims of civil society and its
governments. A selection of historical materials will be analyzed to provide a
variety of ways such issues have arisen. Examples from countries with other practices
and traditions will assist in understanding the issues that face the United States
internally and in its relations with the rest of the world. A part of the course
will cover the particular U.S. formulations, whether as constitutional issues
under the First Amendment, as favorable taxation treatments, as issues in enforcement
of the police powers, as operations of public welfare, as questions of education
goals, or as controversies in public policy. Three credit hours.
(added
4/04)
Law 280 Remedies. The
course addresses the forms of relief available through the judicial process. Among
the topics covered are equitable remedies such as injunctions and specific performance;
damages; restitution; remedies for injuries to tangible and intangible property,
personal injuries, breach of contract, and invasions of civil rights. Three credit
hours.
Law 377 School Law. This course briefly
explores the historical underpinnings and the sources of state and federal power
relating to an entitlement that we take for granted: free public education. Additional
topics include many issues that are continually in the news and in the courts:
church-state conflicts (especially school prayer and school vouchers); desegregation,
school financing, student disability accommodations, free speech issues (both
students and teachers); and other student rights (including locker searches, dress
codes, and due process). Two credit hours.
(revised 4/07)
Law 361 Securities Regulation. A study of the Securities
Act of 1933 and the Securities Exchange Act of 1934. Among the topics included
are: the registration and distribution of securities by issuers; exemptions from
the registration requirements; offerings by underwriters and dealings; reorganizations;
federal disclosure obligations; regulation of the securities markets, broker-dealers,
proxy rules, tender offers, and civil liabilities for insider trading, Rule lOb-5
and shout-swing profits. Three credit hours.
Law 460 Sexual
Orientation and the Law. Despite important recent changes at the local, state,
and national levels, and in some foreign countries and the European Union, to
protect gay men, lesbians, bisexuals, and transgendered persons (LGBT) from discrimination
and to recognize same-sex relationships, society’s attitude toward homosexuality
and transgendered issues continues to be ambivalent. This is especially true in
respect to marriage and child rearing, as we see in the current debates over same-sex
marriage, but it is also found in the attitudes of states that fail to protect
against public and private employment discrimination, and in the federal government’s
“Don’t Ask/Don’t Tell” policy to keep openly gay persons from
serving in the military. This course/seminar will explore the possibility of finding
a legal, philosophical or political framework for approaching LGBT issues by critically
looking at various conceptions of homosexuality and society’s purported justifications
for affecting this behavior, against its broader concerns for guaranteeing social
liberty and human equality. It will then apply this understanding to the interaction
between gays and the criminal justice system; discrimination in public employment
(including military service) and private employment; first amendment issues posed
by gay teachers in public schools and universities; the legal problems faced in
establishing same-sex relationships (especially
marriage) in Massachusetts
and elsewhere; and the legal problems gay people confront in matters pertaining
to child custody and visitation rights. Central to the course will be locating
possible interpretations for the Supreme Court’s 2003 interpretation in Lawrence
v. Texas, and its 1996 decision in Romer v. Texas. This particular area of the
law is really several areas as they relate to gays, lesbians, bisexuals and transgendered
people. LGBT have been a kind of exception to the way the law traditionally operates,
and this exception cannot usually be made sense of in terms of traditional legal
thinking. For this reason the course will engage a certain degree of theoretical
abstraction to undersand, clarify and hopefuly improve the law in these areas.
Two credit hours.
(revised 11/07)
Law 333 Sports Law. This course explores the contract, labor law and antitrust
problems facing professional and collegiate athletic institutions and athletes.
Principles of negotiation and ethical considerations are also considered. Two
credit hours.
Law 216 Sports, Law and Society.
This course will address sports, society, and law as a dynamic function of history,
economics, and culture in America. The focus will be on legal issues unique to
professional and amateur sports, including (a) the paradox of sports as a business
that embraces competition on the field but not off, (b) the entertainment value
of sports as a function of hero worship and the vicarious pursuit of personal
identity, (c) the history and influence of society on sports, and (d) the effect
of sports on society, including politics (Muhammad Ali), business (the Jordan
effect), and sociology (such as the 18-year continuum from Jesse Owens to Satchel
Paige, Jackie Robinson, and ultimately Brown v. Board of Education). Topics will
include the baseball antitrust exemption, athlete eligibility, due process, sports
injuries and violence, the evolution of sports broadcasting, Title IX, disabled
athletes, drugs, and such contemporary issues as the Cubs rooftop cases, baseball
steroids, and sports violence. Two credit hours.
(added
11/04)
Law 245 State and Local Government
Law. In 1805 there lived a total of approximately 5.3 million people in the
United States B far fewer than the 6 million people who today live in Massachusetts
or any of 15 other States of the Union. In 1828 James Fenimore Cooper, an American
born commentator on American life, took note of the burgeoning population growth
and projected that in one hundred years America's population might reach "near
or quite 100 million." Continue Cooper, "the first impression that strike
the mind is the impossibility that 100 million people should consent to live quietly
under the same government." Today's population, of course, is not only much
larger but is far more diverse than Cooper imagined. One of the reasons our country
has been able to grow and still remain united, ironically, is that under our federal
system much political power is decentralized at the state, local, and other subfederal
levels. And that is what this course is about: the decentralization of power.
The course explores the conflicts inherent in the allocation of power between
the national, state, and local governments. It tries to answer questions like:
Why do we still have states? What are the maximal powers that states and local
governments have, and should have, to create environments that both shape and
reflect their citizens' desires? In answering these and related questions the
course will look to both law and political theory. Explored in detail will be
many of the constitutional doctrines that define our country's federal structure.
Also examined will be vital doctrines concerning local government formation and
annexation, statutory and home rule powers, the relationships between local governments
(including city : suburb), participation in local government, as well as important
issues in taxation and finance. Two credit hours.
(revised
4/07)
Law 477 Strategic Counseling to International
Clients. This course is designed to introduce foreign lawyers to legal issues
facing international organizations wishing to invest in the United States. From
the planning phase to the actual implementation of the investment, students will
be involved in all practical aspects of strategically counseling international
clients to identify issues, prevent liability, and overcome legal barriers associated
with their business pursuits in the U.S. The course is open only to exchange students
and students in the LL.M. Program in International and Comparative Law. Two credit
hours.
(added 8/07)
Law 309 Strategies in Intellectual Property Law. This course is one of
the three ways in which students participating in the Intellectual Property certificate
Program can satisfy the requirement of a Capstone Experience. (The Capstone Experience
requirement may also be satisfied by participation in the Intellectual Property
Law – Patent Clinic, or the completion of an Intellectual Property Externship).
The course may be taken only by J.D. students enrolled in the Intellectual Property
Certificate Program. It is intended to be taken in the last year of legal studies.
This is a problem-solving course that will bring together learning from different
intellectual property courses and from non-intellectual property courses, bringing
home the inter-relationships between different bodies of law and asking students
to apply that knowledge to a concrete problem faced by a fictional client. The
course will be taught by several faculty members. During some class meetings,
the class will meet as a group. Between these "team" meetings, the class
will break into smaller groups (of approximately 8-12 students). These smaller
groups will work with teams of two faculty in researching and discussing particular
parts of the overall problem, will make oral reports to other members of the small
group, and after the small group decides on the appropriate strategy will make
oral and brief written reports to the entire class. The entire class will then
discuss how best to advise the client to proceed and how best to effectuate the
social and commercial objectives of the client. The course is intended to allow
students to develop an appreciation of the contexts in which intellectual property
problems arise, how to apply knowledge developed in intellectual property and
other courses to a concrete problem, the considerations (legal and non-legal)
that guide how lawyers approach those problems, and the real-life dynamics that
affect the practice of intellectual property law. The class will be graded on
a pass/fail basis, based upon performance in class (both when the entire class
is present and in small groups) and based upon oral and written presentations.
Three credit hours.
(added 11/03)
Law 310 Tax Planning for International Business. This course provides an
introduction to the U.S. tax structure that applies to international transactions,
i.e., investment and business undertakings by U.S. persons overseas and similar
undertakings by foreign persons in the U.S. The first part of the course will
use a problem approach to examine the basic U.S. tax principles governing international
transactions (including a discussion of treaty implications). The second part
of the course will examine strategies in the formation, acquisition, financing,
operation and disposition of international business activities. Two credit hours.
Law 580 Tax Procedure. This course involves a study
of the procedural aspects of the federal income tax system, with special attention
to the tax controversy process. Topics include the organization of the Internal
Revenue Service, professional responsibilities in tax practice, returns, statutes
of limitations, interest, civil penalties, audits and administrative appeals,
assessments, refunds, litigation forums, IRS investigatory powers, and collection
procedures. Two credit hours.
Law 428 Taxation of Business
Enterprises. This course examines and compares the federal income tax treatment
of the various forms of business enterprises and their owners. We begin with the
traditional corporation, which is treated as a taxpayer separate from its owners.
Because of the important changes made by the Tax Reform Act of 1986, we devote
the second half of the course to the "conduit" business vehicles --
partnerships, S corporations, and limited liability companies. Topics covered
include: organizing and setting up the capital structure of the entity; how operations
are taxed; transactions between the entity and its owners; taxable or tax-deferred
sales or termination of the entity, and "exit strategies" for the owners;
and the choice of entity for various business purposes. Four credit hours.
Law 207 Technology and the Practice of Law. This course examines the role
of technology in the practice and the business of law. The course considers the
impact of technology on the profession, its economic value, and the types of technology
systems available, offering students an analytical framework to examine information
technology platforms and the future of the legal profession. A number of advanced
technology systems will be evaluated, including personal productivity systems,
knowledge management, and enterprise integration systems, commonly known as "portals."
Two credit hours.
(added 4/02)
Law 203 Telecommunications Law and Policy. This course addresses the legal
and regulatory aspects of the telecommunications environment from the development
of the telegraph and wireless communication at the beginning of the Twentieth
Century to the current implementation of innovative telecommunications technologies
today. It explores the latest technologies in the legal framework of modern society,
but with a practical view toward the changing business landscapes and the nexus
between the law and regulation of business and the policy considerations for the
citizenry. That telecommunications technologies do not observe national boundaries
provides opportunities to explore some of the policy issues in the international
context. Three credit hours.
Law 416 Trademarks and Unfair
Competition. This course covers the creation, maintenance, and enforcement
of trademark rights, as well as related forms of protection under principles of
unfair competition law. The course includes an examination of the public policies
and economic considerations underlying trademark law, as well as all the basic
issues (such as the prerequisites to trademark protection, the registration process,
the grounds for excluding signs from protection or registration, the scope of
trademark rights, restraining the distribution of imitation and counterfeit goods,
and remedies available in trademark litigation). The course will also cover protection
available under the general rubric of unfair competition law (including prohibitions
on false advertising), as well as publicity rights afforded by state laws. In
addition to these basic issues, the course will address issues of current interest,
such as: protection of non-traditional subject matter such as product designs
or colors; conflicts between trademark protection of non-traditional subject matter
and the copyright or patent laws; protection of trademark rights against dilution,
and the conflicts with free expression that this and other protection might precipitate;
licensing of trademark rights; and reconciling the rights of competing users of
trademark terms. Throughout, the course will address the application of trademark
principles in new as well as traditional media, and will consider the problems
raised by online use of trademarks (in such contexts as metatagging, hyperlinking,
sale of keywords, domain name warehousing, and cybersquatting). Three credit hours.
Law 398 Workers' Compensation Law. This course will
study the rights and responsibilities of injured employees and their employers
under workers' compensation and occupational diseases statutes. Third-party actions
also are examined. Two credit hours.
LITIGATION
AND PRACTICE SKILLS Law 575 Alternative Dispute Resolution.
This course provides an introduction to negotiation, mediation, and arbitration
as alternatives to traditional litigation, and studies the ADR movement in general.
The course will combine lectures and class discussions based upon assigned readings
with a series of increasingly complex simulated exercises, with the goal of exposing
students to the theory and practice of various ADR techniques. You may not take
this course if you have taken either negotiations or mediation. Two credit hours.
Law 406 Appellate Advocacy. This is a required course
for new members of the Chicago-Kent Moot Court Honor Society. The goal of the
course is to provide students with advanced training in appellate litigation,
and as such will concentrate on developing professional skills in brief writing
and research, and oral advocacy. In addition, the course will include an introduction
to various aspects of appellate procedure. Students will prepare a brief and will
be required to participate in an intramural oral advocacy competition. The Moot
Court Honor Society will choose members for Chicago-Kent's spring interscholastic
competition teams based in large part on students' performance in this course.
Two credit hours.
Law 505 Business Entity Formation and
Law 345 Business Entity Transactions. Business Entity Formation and Business
Entity Transactions are two three-credit business courses that are offered as
part of the Law Offices clinical education program. Both courses are taught with
extensive use of simulation exercises. Business Entity Formation provides an opportunity
for students to form various types of business entities including partnerships,
limited liability companies and corporations. In Business Entity Transactions,
students implement various business transactions such as employment and consulting
agreements, shareholder agreements and agreements in connection with the purchase
and sale of a business. In both courses, the students apply the legal doctrine
learned in Business Organizations and other courses to a series of progressively
more sophisticated simulation exercises and prepare the documents necessary, in
Business Entity Formation, to create and organize the entities; and in the case
of Business Entity transactions, to implement the various business transactions
required by the exercises. In both courses the students utilize information gathering,
planning, counseling and negotiating skills in the development of the documents.
Each course is three credit hours.
Law 238 Chicago
Legal Clinic Practicum. The Chicago Legal Clinic (not affiliated with Chicago-Kent)
represents more than 12,000 clients a year, including victims of domestic violence,
people with social security problems, clients with immigration issues, and organizations
with environmental concerns. Students in the practicum will support the work of
the newest program of the Chicago Legal Clinic, Legal Advocates for Seniors and
People with Disabilities, which offers legal assistance to people whose assets
and sources of income are protected by law and who have significant financial
problems. Students will work on one or more of the following types of projects:
creating web-based educational materials for the benefit of caseworkers, caretakers
and potential clients; presenting workshops to caseworkers, caretakers and potential
clients; counseling seniors and people with disabilities who have limited sources
of income and significant financial problems; researching potential cases against
collection agencies that violate the Federal Fair Debt Collection Act; and assisting
with the litigation of cases against collection agencies that violate the Federal
Fair Debt Collection Act. A 711 license is not required. Students are expected
to work an average of 8 hours a week, in addition to a weekly meeting with the
instructor.
(added 11/04)
Law 324 Employment Litigation. Employment Litigation is a simulation course,
designed to introduce students to the representation of a client in an employment
discrimination case, from the initial client interview through a motion for summary
judgment. Students are assigned as members of either the plaintiff or defense
law firm, and work with a “senior partner”/professor in interviewing
the prospective clients; preparing engagement letters; drafting a Complaint or
an Answer; drafting and responding to written discovery; preparing for, taking,
and defending depositions; and preparing or opposing a motion for summary judgment.
Three credit hours.
(revised 5/03)
Law 521 Environmental Law Clinic. The Environmental Law Clinic will help
students develop their lawyering skills by giving them the opportunity to represent
individuals and community organizations with environmental concerns. Students
will interview clients, represent clients in meetings with corporations and government
officials, and represent clients in court. Cases range from assisting an individual
who discovers she has lead paint in her home to helping communities with problems
arising from active facilities, abandoned sites, and proposed facilities. The
class sessions will provide an opportunity to observe and practice lawyering skills,
develop an understanding of the key substantive environmental law areas involved
in the clinic's work, and discuss ongoing cases. Students are required to perform
10 hours a week of fieldwork for the 3-credit version of the clinic, and 12 hours
a week of fieldwork for the 4-credit version, in addition to the classroom component.
Students are required to perform 5 hours a week of fieldwork for the 1-credit
version. The clinic is open to 8 students each semester. If a selection process
is necessary, you will be notified regarding the interview process after you register
for the class. There are no course prerequisites for this clinic. Students must
have completed 30 credit hours to take the Clinic. One, three, or four credit
hours.
Law 588 Environmental Law Externship. Students
in the Program in Environmental and Energy Law have the opportunity to explore
environmental opportunities in the public and public interest sectors. These externships
help students develop their legal research and writing skills and substantive
knowledge of environmental law. Externships are currently available at several
government agencies and public interest groups: the U.S. Environmental Protection
Agency Regional Office, the Illinois Attorney General's Office (Environmental
Division), the City of Chicago Law Department (Environmental Unit), the State's
Attorney's office (Environmental Division), the Illinois Pollution Control Board,
the Chicago Legal Clinic, the Lake Michigan Federation, the Illinois Commerce
Commission, and the Environmental Law and Policy Center for the Midwest. Students
should contact Professor Gross for more information about enrolling in this externship.
Four credit hours.
Law 502-535 In-House Clinical Programs.
The In-House Programs of the Law Offices constitute one of the largest In-House
clinical programs in the United States. In seven of the In-House Programs -- the
Employment Discrimination/Civil Rights Litigation with some General Practice Clinic,
the Criminal Defense Litigation Clinic, the Health and Disability Law Clinic,
the Mediation and Other ADR Procedures Clinic, the Low Income Taxpayers Clinic,
the Immigration Law Clinic, and the Family Law Clinic -- students are given the
option of enrolling for three or four credits. Students who enroll for four credits
put in a minimum of sixteen hours per week and students who enroll for three credits
put in a minimum of twelve hours per week during the fourteen-week semester. In
the Advice Desk Clinic and the Legal Aid Hotline/CARPLS Clinic, students enroll
for two credits and put in a minimum of eight hours per week.
(revised
11/04) Each of the In-House clinical programs provides classroom
as well as field-work instruction to the students enrolled in that program as
part of their weekly hourly requirement. With permission, students may enroll
for a second semester in each of the In-House programs, with the exception of
the Mediation and Other ADR Procedures Clinic. A unique feature of Employment
Discrimination/Civil Rights Litigation with some General Practice Clinic, the
Criminal Defense Litigation Clinic, the Health and Disability Law Clinic, the
Immigration Law Clinic, and the Family Law Clinic is their fee-generating practice,
which enables their student interns to receive their clinical experience in non-poverty
as well as poverty cases and to have the opportunity to work in a realistic practice
environment. Students who intern in the Employment Discrimination/Civil
Rights Litigation with some General Practice Clinic work on employment discrimination
disputes and civil rights cases in the federal and state courts and at administrative
agencies; the work also includes some general civil practice. Students who
intern in the Criminal Defense Litigation Clinic work on criminal defense matters
in the trial and appellate courts in both the federal and state legal systems.
The program represents clients accused of felonies and misdemeanors of all types. Students
who intern in the Health and Disability Law Clinic have an opportunity to work
on Social Security disability cases, which generally involves proving at the administrative
hearing level or beyond the medical disability of individuals in order to establish
their eligibility for federal benefit programs such as Social Security Disability
Insurance Benefits, Supplemental Security Income, Medicare and Medicaid. Students
will also work on other civil litigation matters which generally involve health,
disability or discrimination issues. Students who intern in the Immigration
Law Clinic work on cases in all areas of immigration law, including professionals,
aliens of extraordinary ability in the sciences, arts and business, individuals
seeking immigration benefits for family members, asylees and individuals threatened
with removal from the United States by the government. Students who intern
in the Mediation and Other ADR Procedures Clinic engage in training and practice
in mediation, arbitration, and other ADR techniques. They become certified as
mediators and conduct a number of mediations over the course of the semester.
Typical cases include juvenile court cases, criminal misdemeanor cases, employment
discrimination cases, landlord-tenant disputes, and small claims court disputes.
They also assist the clinical professors in arbitrating cases and drafting arbitration
opinions. Students who intern in the Low Income Taxpayers Clinic provide
free assistance to impoverished clients in connection with a wide variety of federal
tax disputes. Students have primary responsibility for advising and representing
taxpayers who are battling the Internal Revenue Service and in the midst of ongoing
civil examinations, administrative appeals, and enforced collection actions. Students
also work closely with the supervising professor to prepare and try cases before
the U.S. Tax Court and the U.S. District Court. Typical issues include proving
entitlement to the Earned Income Tax Credit, establishing status as an Innocent
Spouse, substantiating business or personal deductions claimed on tax returns,
seeking relief from various civil penalties, and stopping the IRS from seizing
a client's wages or other assets. Students who intern in the Family Law
Clinic work on cases dealing with legal separation, divorce, and child custody. Students
who intern in the Advice Desk Clinic provide interviewing, counseling and limited
representation to indigent defendants who seek assistance at the Circuit Court
of Cook County. Approximately sixty percent of the cases involve eviction defense
and forty percent involve tort, contract, personal injury and collection matters.
Students are taught interviewing and counseling techniques and the substantive
law needed to assist these clients. A limited number of students may enroll for
a second semester and provide complete representation including trial, if necessary,
to defendants in Landlord/Tenant Court who are threatened with eviction. Pretrial
Litigation for LADR Students Only is open only to students who are in the Litigation
and Alternative Dispute Resolution (LADR) Certificate Program. A primary goal
of the course is to teach both the mechanics and the theory of Pretrial Litigation,
which is the activity in which civil litigators are engaged for the vast majority
of their lawyering careers. The course also has as its goal to educate practitioners
who will have the capability to solve professional problems within the indeterminate,
real world of the practice of law. Students will be introduced to the process
of developing professional judgment and making them reflective practitioners who
will have the skills, abilities, and training to attain success and the highest
degree of competence in their professional lives. In this course students will
meet with their "simulated" client and interview him/her. Students will
conduct both a legal and factual investigation, which will include research into
the law and the interviewing of potential witnesses. Students will take part in
preparing and filing pleadings, a discovery plan, written interrogatories, requests
for production of documents, requests to admit facts, and any discovery-related
motions that they deem necessary to fully prepare their client's case. Students
will also participate in a simulated deposition. Students will then prepare and
argue a motion for summary judgment. After the defendant's motion for summary
judgment is denied, students will conduct a counseling session with their client
in preparation for a simulated negotiation session with opposing counsel. Finally,
the students will take part in the preparation and filing of a Joint Pretrial
Order, including a trial brief. The course will end on the eve of trial with a
pre-trial conference with the judge. The complaint or answer, written discovery
requests, and brief in support of or in opposition to summary judgment, will take
the place of an advanced legal writing course.
Law
590 Intellectual Property Externship. The Intellectual Property Externship
Program enables third-year students enrolled in the Intellectual Property Certificate
Program to receive academic credit (without pay) for working 16 hours a week in
an approved legal placement under the supervision of a designated attorney. The
program is unique in that it enables students to gain practical experience and
develop their legal skills while at the same time making themselves more marketable
to prospective employers. The externship consists primarily of a fieldwork experience
under a supervising lawyer, supplemented by individual meetings between the extern
and Professor Gross throughout the semester. For more information about available
externship opportunities, contact Professor Vivien Gross (vgross@kentlaw.edu).
Four credit hours.
(added 11/03)
Law 249 Intellectual Property Litigation. As intellectual property becomes
more critical to the success and survival of many businesses, intellectual property
disputes become more frequent and more significant. This course explores the life
cycle of an intellectual property dispute, including initial client meetings,
cease and desist letters, temporary restraining orders/preliminary injunctions,
seizures, deposition strategies, experts, summary judgment strategies, settlement
negotiations and licensing resolutions, mediations, trials, damages, and enforcement
techniques. We will use cutting edge intellectual property issues as a vehicle
to explore these issues. Prerequisites: two of the following courses: Copyright
Law, Trademarks & Unfair Competition, and Patent Law. Recommended preparation:
Remedies. Three credit hours.
(relocated 11/04 to Litigation
and Practice Skills section)
Law 540 Intensive
Intellectual Property Trial Advocacy. The purpose of this intensive trial
advocacy course is twofold. Exercises in this course are designed to introduce
the students to the basic skills of trial advocacy in a primarily "learned
by doing" format. Secondly, the course will expose the student to a variety
of issues in the context of intellectual property cases. The course will necessarily
include substantive intellectual property law as it pertains to the assigned a
cases. The case files used in the course have been developed from actual intellectual
property cases. In some case files, the actual legal memoranda discussing the
substantive law issues presented in those cases have been included for the students
benefit. Each student will be required to provide one juror for the final trial
in which he or she is the trial attorney. Each student will be graded on the basis
of daily performance throughout the course, a preliminary injunction hearing,
and the final trial. You will be graded on objective performance; and upon your
performance improvement during the course. Students must attend each class session
from the class session start to the class session finish, and must be prepared
to perform the exercises listed in the syllabus. Students will be expected to
both conduct the exercise as counsel and to play the role of witness when called
upon to do so. Prerequisite: Evidence and two of the following: Patent Law, Trademarks
& Unfair Competition, Copyright Law, Law of Trade Secrets. Pass/fail not available.
Students who have taken Trial Advocacy 1 (including the intensive version of the
class) are not eligible to take this course. See the Schedule of Classes for scheduling
and other information. Three credit hours.
(added 11/07)
Law 541 Intensive Trial Advocacy 1.
This is an intensive one-week version of Trial Advocacy 1 (see separate description).
The course is offered every August prior to the start of the Fall semester and
every January prior to the start of the Spring semester. Students who take Intensive
Trial Advocacy are required to take Trial Advocacy 2 in the semester immediately
following completion of the Intensive course. Three credit hours.
Law 560 International Law Moot Court. Preparation of an appellate brief
for the Jessup International Moot Court Competition. Students must have taken,
or be taking concurrently, the course in International Law. One credit hour.
Law 519 International Rule of Law Externship. The Rule of Law Externship
Program seeks to develop externships in emerging democracies such as Bosnia, Poland
and Macedonia. Students spend some time prior to the externship familiarizing
themselves with the relevant law of the country in which they will extern and
they then spend two or three weeks in the country in which the externship placement
is situated performing their assigned tasks. Students receive two externship credits,
graded on a pass/fail basis. After they return to Chicago-Kent, students write
a scholarly paper on a topic related to their externship for which they receive
graded credit.
Law 573 Judicial Externship. Judicial
Externship is a four-hour pass/fail program open to second- and third-year students
only, and is offered Fall, Spring, and Summer terms. The prestigious fieldwork
component of the program provides externs with the opportunity to work with a
federal judge and/or the judge's law clerks by researching law, writing memoranda
and drafting opinions. The judicial extern becomes involved in particular legal
problems and is able, through research and writing, to contribute to the resolution
of those problems. Depending upon the judge, an extern may have the opportunity
to observe the day-to-day routine of the courtroom and to discuss with the judge
or the judge's law clerk those legal problems which judges confront in their courtroom.
There is an accompanying discussion component that focuses on various aspects
of federal judicial decision-making and, where appropriate, how those aspects
affect the extern's work product. Selection of an extern is made by the individual
judge through the application process which the law school oversees. To apply,
students must meet the minimum G.P.A. requirement, which is approximately the
top 22% in the second- and third-year classes, respectively. The exact G.P.A.'s
will vary from year to year. For more information, contact Professor Vivien Gross
(vgross@kentlaw.edu). Four credit hours.
(revised 11/03)
Law 503 Justice Web Collaboratory Externship. This
externship provides students the opportunity to explore access to justice issues,
including the use of technology in legal services, alternative legal services
delivery models, e-lawyering, and pro se litigant assistance. Students work in
conjunction with the Justice Web Collaboratory and its Illinois Technology Center
for Law & the Public Interest (ITC), a statewide collaboration of legal services
providers, whose mission is to provide low-income individuals with greater access
to the legal system through the use of technology. The externship allows students
to acquire direct client service experience and to use that experience to assist
in the development and upgrading of innovative web resources for pro se litigants
and the public. Students will split their time between these two activities and
will have the flexibility to choose opportunities that most appeal to them. Students
who have computer and web design skills will have the ability to utilize those
skills. The direct client service portion of the externship provides students
with experience in assisting self-represented litigants and/or providing brief
legal services to low-income individuals. Examples of these opportunities include
the following: Assisting pro se litigants at courtBbased help desks; providing
legal advice over telephone hotlines; and negotiating on behalf of tenants in
eviction court. The development and upgrading of web resources for pro se litigants
and the public involves the following activities: working with expert attorneys
selected from the Illinois legal aid community to build and maintain the Illinois
poverty law web portals (www.itcweb.org); researching, drafting, and editing of
web based legal education materials and legal forms with instructions for the
public; and developing appropriate user interfaces for web based document assembly.
The externship requires at least 16 hours per week spent on externship activities.
Students can earn additional credit the following semester by arrangement. Four
credit hours.
Law 421 Labor/Employment Law Externship.
The Labor/Employment Law Externship Program is offered through the Labor/Employment
Law Certificate Program. The externship is available to students enrolled in the
Labor/Employment Law Certificate Program during their last year of law school
and is used to satisfy the experiential learning requirement of the certificate
program. The educational objective of the externship is to provide the student
externs with a well-supervised lawyering experience in labor or employment law
by enabling each of them to extern with a law school-approved placement. Student
externs are placed with a law firm, corporation, union or governmental agency.
Externs spend approximately fifteen hours per week during the fourteen-week semester
at their designated placements and attend periodic meetings with the faculty supervisor.
Students in the program enroll in a three-credit field-work course graded on a
pass/low pass/fail basis and a one-credit graded classroom course.
Law 550 Law Review. Preparation of articles and comments upon current legal
and social problems for inclusion in the Chicago-Kent Law Review. Open only to
members of the Board of Editors and the staff of the Law Review. One credit hour
per semester. (Maximum credit not to exceed five credit hours.)
Law 559 Legal Externship. The Legal Externship Program is a four-hour pass/fail
program that enables a law student to receive academic credit (without pay) for
working 16 hours a week in an approved legal placement under the supervision of
a designated attorney. The program is unique in that it enables students to gain
practical experience and develop their legal skills while at the same time making
themselves more marketable to prospective employers. Legal Externship consists
primarily of a fieldwork experience under a supervising lawyer, supplemented by
individual meetings between the extern and his/her faculty advisor throughout
the semester. Externs interested in civil law may select to work in corporations,
firms or government agencies, specializing in such diverse legal areas as immigration,
tax, commodities, securities, health care, medical malpractice, or general corporate
law. Externs in criminal law may choose to work with the States Attorney's Office,
Public Defender's Office, or the U.S. Attorney's Office. Some externships offer
the opportunity to obtain a 711 license and appear in court. For permission to
do an externship or for more information about available externship opportunities,
please contact Professor Vivien Gross (vgross@kentlaw.edu). Four credit hours.
(revised 11/03)
Law
254 Litigation Technology. This course will teach law students interested
in becoming trial lawyers how to integrate technology into their trial presentations.
Students will learn how to apply principles of persuasion to the creation of courtroom
visuals which they will then present in the trial advocacy portion of the course.
The course will use hypothetical problems and cases to allow students to develop
presentations that persuade and will include computer lab sections, some lecture,
and student participation with instructor critique. Students will try civil cases
and criminal cases. Students should own their own laptop computers and be prepared
to bring them to class every week. The machine should be Windows-compatible. The
class may run longer than three hours when students try their mock trials. Maximum
class size is 16 students. Prerequisite: one semester of Trial Advocacy. Three
credit hours.
(revised 11/03)
Law 420 Mediation. An exploration of the mediation process as an alternative
to traditional litigation. The course explores the role of the mediator as well
as the role of attorneys in the mediation process. This is a simulation course
in which students participate in several mediations. Two credit hours.
Law 551 Moot Court Honor Society. Instruction in, and preparation of, appellate
briefs and appellate oral arguments in intramural and national competition. One
credit hour per semester. (Maximum credit not to exceed five credit hours.)
Law 429 Negotiations. This course examines the negotiation process engaged
in by lawyers. It is intended to increase a student's understanding of that process
and to develop his/her skills as a negotiator. Experts in various fields discuss
negotiations as they apply in those areas of the law. Students engage in mock
negotiations in a variety of contexts, such as divorce, real estate, contracts,
commercial law, labor law, and criminal law. Not all instructors cover each of
these areas of substantive law, and different instructors emphasize different
areas of substantive law. Two credit hours.
Law 595 Refugee
& Asylum Law Externship. This is a Spring semester practical training
course offered by Hearland Alliance's Midwest Immigration & Human Rights Center
(MIHRC) for law students interested in immigration law. The course is offered
through Chicago-Kent's Legal Externship Program. In addition to the Law School
externship meetings, students must attend weekly evening classes at MIHRC's downtown
office, and are assiged an asylum case to prepare for presentation before the
Chicago Asylum Office. The class schedule will be arranged once students are selected.
Students will prepare cases of asylum applicants previoulsy interviewed and accepted
by MIHRC. Each student will interview and assist in the preparation of their client's
affidavit. After researching domestic and international law, as well as country
conditions pertinent to the claim, students will assemble an asylum application
with supplemental documentatin and will draft a legal memorandum in support of
their client's application. At the end of the program, students will file clients'
applications with the U.S. Department of Homeland Security and accompany their
clients to their interviews at the Chicago Asylum Office. Prior immigration law
experience is not required. Fluency in a second language is preferred, although
not a requirement. Please contact Professor Vivien Gross for more information
about applying to this program.
(revised 11/05)
Law 555 Trial Advocacy 1. An introduction to litigation
taught by leading trial attorneys and judges. The course uses hypothetical cases
to teach the student trial preparation, strategy, and conduct in a courtroom setting.
Although the instructor will demonstrate from time to time, the primary teaching
method is student participation with instructor critique. Classes often run longer
than three hours. Three credit hours.
Law 558 Trial Advocacy
2. An in-depth study and performance of litigation skills in certain trial
settings. The course is a continuation of Trial Advocacy 1. Classes often run
longer than three hours. Three credit hours.
SEMINARS (Except
where indicated, all seminars are two credit hours.) Following is
a list of seminars that have been offered recently, although not necessarily every
year. Each year new seminars are introduced and old ones retired. Seminar study
provides students with an opportunity to work closely with members of the faculty
in their areas of expertise. Some elective courses are also offered for seminar
credit; where this is the case, it is noted in the registration materials for
the particular semester. Enrollment in all seminars is limited to fifteen students.
Law 671 Access to Justice and Technology. Studies
repeatedly demonstrate that 80% of the legal needs of the poor in the United States
remain unmet, despite existing federal, state, and volunteer programs that provide
some civil legal services to low income people. The seminar will explore the parallel
problems of lack of access to legal services by low income people, on the one
hand, and the flood of underrepresented litigants appearing before state and federal
courts, on the other. Barriers to access to the justice system will be examined
and various solutions explored with special emphasis on the potential of the Internet
and related technologies to improve access to justice. The seminar will be both
experiential and experimental. You will visit courts and legal services offices
to observe our current justice system in action. You will also be encouraged to
write papers that explore innovative approaches to increasing access to justice.
(added 12/02; revised 4/04)
Law 689 Advanced Evidence. This seminar will focus on the three areas of
evidence that matter most in the trial and appeal of lawsuits, civil and criminal.
These areas are: character, hearsay and confrontation, and expert witnesses. Class
discussion will track the most recent developments in these areas, focusing on
ways to successfully object and respond to objections at the trial court level.
Through the use of fact situations from reported decisions, we will develop a
realistic and effective approach to evidence law, while exploring its strengths
and weaknesses.
Law 661 Advanced Issues in Patent
Law. This seminar will look at historical text, current legal scholarly work,
and popular non-fiction to examine why we give people patents (incentive to innovate,
public disclosure) and why people seek patents (the limited monopoly, defensive
tools, vanity). We will also look at how patentees are currently using their patents
and examine whether the reality of what patents are being used for matches the
understood bases for granting and seeking patents. Topics will likely include
patent data mining, moral blocking patents (e.g., the Newman chimera application),
patent portfolios and thickets, raising venture capital, patents and personhood,
and other relevant topics. Students will have some choice in the topics to be
discussed, as student papers will for the basis of some class discussions.
(added 4/05)
Law 662 Advanced
Tax Transactions. This seminar examines the tax and business planning aspects
of mergers and acquisitions, including taxable and nontaxable transfers of businesses
and real estate. Transactions covered include installment sales, earn-outs, options,
technology transfers, reverse mergers and like-kind exchanges. Particular attention
will be given to planning whether to use asset sales or stock sales, structuring
financing for acquisitions and techniques for compensating investors. The seminar
will also explore the taxation of partnerships, S corporations and limited liability
companies and their special application to corporate and real estate acquisitions.
Law 626 Antitrust and Intellectual Property.
This seminar explores the overlap and apparent tension between Intellectual Property
and Antitrust laws. We will discuss how substantive Antitrust law constrains owners
of intellectual property. The seminar will not discuss how to obtain a patent
or copyright (which is taught in substantive Intellectual Property courses); rather,
we will determine when the acquisition, licensing, and/or enforcement of Intellectual
Property rights violate Antitrust laws. The seminar is designed and intended for:
(1) students of Intellectual Property law who want to understand how Antitrust
law limits the exercise of IP rights, and/or (2) students who have taken Antitrust
and want to study how this body of law operates in the context of Intellectual
Property rights.
(added 11/03)
Law 658 Asylum and Refugee Law. This seminar provides an overview of United
States asylum and international refugee law and procedure, leading up to cutting
edge issues such as claims under the Convention Against Torture, protection for
human trafficking victims, and claims of persecution on the basis of gender and
sexual orientation. The seminar will also cover evidentiary issues and the one-year
filing deadline as it relates to United States asylum law.
(added
11/07)
Law 604 Biblical and Rabbinic Law:
A Comparative Analysis. If you've ever wanted to know about the legal system
of the Hebrew Bible, as well as the jurisprudential approaches used by Talmudic
and later Rabbinic authorities in interpreting this ancient text and confronting
new problems, then this is the seminar for you. We will closely examine the relevant
texts and the religious/moral/social/economic/political assumptions underlying
the legal rules in those texts. We will also consider how those rules were (and
are) to be applied and by whom. The comparative aspects of the seminar will emerge
as we address the ways in which Biblical and Rabbinic law are both similar to,
and vastly different from, American law, particularly constitutional law and tort
law. The seminar has no language requirement beyond English, since we will be
using translated texts. In addition, this seminar is open to everyone, regardless
of religious belief or non-belief. Your attendance and active participation in
class are essential.
Law 642 Capital Punishment and the
Judicial Process. A review of the constitutional limitations on the death
penalty in America including right to counsel, questions of race and gender, jury
selection, retroactivity, the balance of aggravating and mitigating circumstances,
use of psychiatric experts, and state and federal habeas corpus proceedings. Federal
death penalty laws and international aspects of capital punishment will also be
explored.
Law 626 Civil Rights History: From the Civil
War to the Civil Rights Movement. This seminar examines the development of
civil rights law in the United States since the end of the Civil War. Topics include:
the passage and ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments;
the retreat from Reconstruction in the courts and in society; the role of law
in creating, maintaining, and challenging racial oppression during the Jim Crow
era; and the origins, achievements, and limitations of the modern civil
rights
movement. We will give particular attention to the changing
historical context
in which courts and legislatures create civil rights law,
the role of social
movements in the formation of civil rights policy, and
the power of law to
reshape entrenched social practices.
(added 11/07)
Law 641 Civil RICO. The Racketeer Influenced and Corrupt Organizations
Act (RICO) was enacted a generation ago primarily as a tool for criminal prosecutors
to use against organized crime. Its civil provisions were added to the legislation
as an afterthought and remained largely dormant for a decade. Today, civil RICO
is on the cutting-edge of the debate over illegal immigration. Mr. Foster has
pioneered the use of the law against employers who hire large numbers of illegal
workers in order to depress wage levels for legal American workers. These cases
have not only made headlines across the country but also reached the U.S. Supreme
Court earlier this year. This class will not only delve into the fundamentals
of the RICO statute, but also touch upon issues of market power over wages, proximate
causation, class action procedure and Supreme Court practice, concepts with broad
application in employment and business law.
(revised 11/06)
Law 668 Collective Bargaining and Arbitration. This
seminar focuses on the practical aspects of employment law. In class, students
will draft proposals for a labor agreement and negotiate a labor agreement. The
class will also engage in the following mock arbitrations: an interest arbitration
to determine contract terms, an arbitration concerning discipline, and a contract
interpretation arbitration. Students will prepare a research paper related to
collective bargaining and/or arbitration. The research papers will be subjects
of discussions in class.
Law 682 Commercial Arbitration.
More and more business, consumer, securities, and other disputes are resolved,
not by courts, but by private arbitrators whose services are paid for by the parties.
Law governing the operation of these private dispute resolution mechanisms and
the enforceability of arbitration awards is therefore of critical importance to
lawyers practicing in a vast range of substantive areas. At the same time, this
law—part statutory, part judge-made—continues to change in fundamental
ways and important legal issues remain unsettled. The seminar will examine historical
and modern U.S. arbitration law and explore issues of interest in the dynamic
legal relationship between arbitrators and courts.
Law
664 Comparative Competition Law. This seminar aims to give an overview of
European Community (EC) competition law, introducing students to the comparison
of EC and US antitrust principles, along with some references to competition rules
in EC Member States. The first part of the seminar will focus on the justifications
and the goals of EC competition policy, highlighting linkages between antitrust
rules and EC Treaty principles of free movement and market integration. The second
part will deal with a selection of EC competition law topics: vertical and horizontal
agreements, abuse of a dominant position, merger control, state aids and state
action in general. Finally, a few classes will be devoted to the presentation
of selected issues regarding enforcement, both public and private, and a wrap-up.
The seminar will be case-law focused, with a preference for cases that have been
decided or are being decided both under EC and US law. By the end of the course,
students should be able to: consult the sources of EC competition law; identify
and understand legal issues arising from EC competition law; and critically evaluate
advantages and drawbacks of the policy and the conceptualisms of EC competition
law, contrasting it with US antitrust law.
Law 652
Comparative Tort Law. Comparative law is important for at least two reasons.
First, law and legal disputes are increasingly becoming more global, so that knowledge
of other legal systems with different procedural and doctrinal structures, especially
those based on the European civil law tradition rather than the Anglo-American
common law tradition, as well as law promulgated by international organizations
such as the European Court of Human Rights, is becoming increasingly important
to everyday legal practice. Second, studying how other legal systems deal with
various substantive and procedural issues can provide useful insights for how
those issues might be better dealt with in our legal system. The premise of this
course is that the benefits of studying comparative law can be best obtained by
focusing on a specific area of law, which however encompasses issues and doctrines
that are fundamental to all of law. Tort law is such an area.
(added
11/06)
Law 648 Constitutional Torts/Section
1983. This seminar deals with the important subject of constitutional torts,
specifically 42 U.S.C. ' 1983 and Bivens actions, whereby state, local and federal
officials, as well as local governments, may be held liable in damages when they
violate peoples' constitutional rights. Constitutional torts is a subject that
is fascinating at both a theoretical and practical level. It raises deep issues
of federalism and justice as well as real-world problems of how to make governments
accountable to their citizens without undermining their effectiveness. Thousands
of constitutional torts cases are filed annually, and they generate considerable
controversy, e.g., Rodney King filed a section 1983 damages action against Los
Angeles and certain of its police officers. Those who should take this seminar
include persons who expect to do federal litigation of any kind, as well as any
students who hope to clerk for federal or state judges or work for state and local
governments. Not only does the seminar deal with constitutional law but it also
addresses federal courts issues, damages and injunctive relief and attorney's
fees, among other important subjects.
Law 602 Current
Issues in Education Law. This seminar will focus on some of the most provocative
education law topics of the moment, including First Amendment voucher and school-prayer
issues, Fourth Amendment issues following Columbine, accommodation and inclusion
of children with disabilities (ADA and IDEA), school funding disparities, and
the current state of school desegregation. In addition, the study of these timely
issues provides valuable insights into the interplay of state and federal constitutional
and statutory law.
Law 624 Current Issues in Environmental
Law. This seminar will address cutting-edge issues in a variety of environmental
law areas. Among the topics that may be addressed are land use and land transfers,
environmental implications of corporate transactions, facility citing, public
participation, environmental justice, environmental enforcement matters, and Brownfields.
Law 627 Energy and Climate. Our many and varied
ways of using energy are the principal sources of the greenhouse gases that are
affecting the world's climate. The seminar will examine the impact of energy on
climate, and the impact of climate on energy; particularly the growing number
of state laws and congressional proposals to mitigate climate change by changing
the legal rules regarding the use of energy.
(added 4/07)
Law 607 European Copyright Law. This seminar, which
will be offered in intensive format, covers European approaches to digital rights
management, the exploitation of works in computer networks (P2P, databases, software,
etc.), the scope of fair use, liability for infringements in the digital environment,
and the enforcement of rights. It considers not just the present state of regulation
but looks at future challenges as well. Available as a course or seminar. The
class will meet from Monday, August 20 through Saturday, August 25, 2007. Two
credit hours.
(added 4/07)
Law 615 First Amendment Theory. This seminar will explore the history
and theory of the First Amendment freedom of speech and press. After examining
some of the leading theoriesBwhich view free expression as essential to individual
self-fulfillment, democratic self-government, and the search of truthBwe will
debate how the First Amendment should apply to a variety of contemporary issues,
including flagburning, pornography, and hate speech.
Law
618 Government Enforcement of Environmental Laws. This seminar will give you
an understanding of how local, state, and federal governments enforce violations
of environmental laws. It will also give you insight into how these levels of
government interact in the enforcement of these cases. You will learn how a case
proceeds from the time of its discovery, to the investigation, to the decision
to proceed administratively, civilly, criminally, or not at all. You will work
through case studies of actual air, land and water pollution violations from their
discovery through their prosecution.
Law 681 Graduate
Seminar in International Intellectual Property Law. This is a year-long mandatory
seminar for all students enrolled in the LL.M. Program in International Intellectual
Property Law. It is open only to those students. The seminar will introduce students
to all the relevant institutions of international intellectual property law (including
most notably the World Trade Organization and the World Intellectual Property
Organization). It will also cover the principal scholarly and policy debates that
are presently occurring regarding international intellectual property law. As
the year proceeds, the seminar will be structured around the masters thesis being
drafted by each student for his or her LLM in International Intellectual Property
Law. Two credit hours (Fall); one credit hour (Spring).
(added
5/03)
Law 619 International and Comparative
Antitrust. During the last few years, the role of law in protecting economic
competition from restraints (“antitrust law” or “competition law”)
has become an increasingly important factor in international business and in legal
practice relating to international business. It is likely to become even more
important as the globalization of economic activity advances. This course is designed
to introduce students to this area of law and to the basic tools they will need
to understand and provide legal services in it. We will examine U.S. antitrust
law as it relates to transactional conduct. We will then look at antitrust law
in Europe and, in a superficial way, other parts of the world. The final section
of the course will deal with recent developments in international antitrust cooperation
and with moves toward the development of a transnational antitrust regime.
(added 5/03)
Law 675 International
Criminal Law. This seminar explores three principal areas: (1) international
procedural mechanisms for enforcing national criminal laws (such as the extradition
process and Mutual Legal Assistance Treaties); (2) substantive international criminal
laws (such as war crimes, crimes against peace, and crimes against humanity);
and (3) international criminal law issues that arise in doing business abroad
(such as the Foreign Corrupt Practices Act). Particular attention will be given
to international criminal law issues arising out of the Bosnian war (including
the UN's establishing a war crimes tribunal). An introductory course in international
law is strongly recommended as a prerequisite.
Law 686
International Human Rights. The seminar involves both a definition of human
rights as well as enforcement procedures for the implementation of human rights.
The historical and philosophical bases of human rights are examined starting with
the works of various thinkers from the diverse schools, particularly natural law,
positivism, Marxism and the sociological school. The Universal Declaration of
Human Rights and the later international covenants are looked at in terms of the
influences of the various schools. The seminar addresses the question of whether
there is agreement as to fundamental human rights. Recent developments and tensions
in the field of human rights particularly since the increased membership of countries
from the "third world" and socialist bloc countries are investigated.
This is highlighted by focusing on the later two covenants of the United Nations,
particularly the Covenant on Social, Economic and Cultural Rights, which enlarges
the scope of human rights to include welfare, cultural, and economic rights. Finally,
the seminar focuses on the contribution of international and non-governmental
organizations in the protection and implementation of human rights.
Law 672 International Labor and Employment Law. This seminar will focus
on how and why international labor and employment law have developed as a response
to globalization, exploring intellectual foundations and surveying the latest
developments in the field. The aim is to become conversant with key policy issues,
and with the architecture of the main regimes of international labor and employment
law, preparing students to provide well-rounded advice, arguments, and opinions
on a set of issues at the center of contemporary debates over international economic
integration. Topics will include the mutilateral system of worker rights (the
International Labor Organization and international human rights conventions),
the linkages between labor standards and international trade law, regional systems
of worker rights (the European Union, the NAFTA), unilateral application of worker
rights within the international system, litigating international worker rights
in U.S. courts, and corporate social responsibility and private sector codes of
conduct.
(added 11/04)
Law 687 International Patent Law. U.S. Patent Law is increasingly influenced
and modified by international treaties and considerations. This seminar will provide
an in-depth look at patent laws on the international level. Issues that we will
explore include prosecuting patents pursuant to the Patent Cooperation Treaty
and the extraterritorial reach of U.S. patent law. We will also examine recent
efforts at patent harmonization through the TRIPS Agreement and the dispute resolution
proceedings available under that regime. We will take a comparative look at U.S.
and foreign patent laws and systems. Finally, we will consider current controversies
surrounding patents on the international arena, such as access to medicines and
the Doha Declaration that interprets TRIPS, the appropriation of gene patents
through the use of isolated populations abroad, and the appropriation of indigenous
knowledge and skills. Patent Law or International Intellectual Property are prerequisites.
These requirements can be waived only with the permission of the instructor.
(added 5/03)
Law 685
Law and the Holocaust. This seminar focuses on the rise of the Nazi party
in Germany, its seizure of political power in 1933, Nazi race laws, the Nazi legal
system, the Nuremberg trials for war crimes and crimes against humanity and, time
permitting, subsequent trials, including the prosecution of Adolph Eichmann and
more recent trials. This is more than a history seminar because we will also consider
the current significance of these events. The materials used are those developed
by Professor Harry Reicher, who has taught this subject for several years at the
University of Pennsylvania Law School.
(added 11/05)
Law 628 Law, Economics and Justice. This course is
a "capstone" course that will review basic doctrines covered in the
first year courses (property, contracts, torts, criminal law, and procedure),
and possibly other topics, with the purpose of exploring the extent to which those
doctrines and areas of law can be explained, justified, criticized, or revised
from the perspectives of economic efficiency and justice. Students who take the
course should benefit from a more systematic analysis and review of the basic
legal doctrines that form the foundation for most of the law, an understanding
of basic (microeconomic) efficiency theory as applied to the law, a better understanding
of the principles of justice and their application to various areas of the law,
and an ability to recognize, employ and criticize efficiency and justice arguments
in and outside the law. Three credit hours.
(added
11/06)
Law 622 Law in Contemporary
East Asia. This seminar will examine law in contemporary East Asia and its
relations with law and lawyers in the United States. Legal relations between the
United States and the countries of China, Korea, and Japan have become extremely
important over the last decade, and they are likely to continue to grow in importance.
This seminar will look at how law operates in East Asia and compare its operations
there with the functioning of law in the United States. We will also analyze some
of the basic patterns of East Asian law and note similarities and differences
between the three countries involved. The common basis for thinking about law
has deep roots in Confucian thought, but modern law has been heavily influenced
by many other factors such as political ideology and the varying forms of influence
of Western law. Examples of possible paper topics include negotiating with East
Asian lawyers, legal aspects of investing in East Asia, and the differing roles
of lawyers in East Asia and the United States.
(added
11/04)
Law 678 Law of Nationbuilding.
International intervention in Bosnia, Kosovo, East Timor, Afghanistan and Iraq
have raised a number of questions about public international law, administrative
law, and how best to create a legal framework for development of democratic institutions
and market economies. Students will write papers on some aspect of law related
to these nationbuilding challenges. The seminar will be integrated with the Nationbuilding
IPRO, which will have students working on projects related to the political trusteeship
in Kosovo, including promotion of tourism, resolution of legal issues related
to privatization, compiling applicable law, especially pertaining to property
and commercial transactions. (Note: IPROs are IIT Interprofessional Projects that
draw students from various colleges and departments throughout the university.)
(added 12/03)
Law 630 Law of U.S. and International Commercial Arbitration. More and
more business, consumer, securities, and other domestic and international disputes
are resolved, not by courts, but by private arbitrators whose services are paid
for by the parties. The law governing the operation of these private dispute resolution
mechanisms and the enforceability of arbitration awards is therefore of critical
importance to lawyers practicing in a range of substantive areas, both domestically
and internationally. At the same time, this law—part treaty, part statute,
part common law—continues to change in fundamental ways, and important legal
issues remain unsettled. The seminar will examine historical and modern arbitration
law and explore issues of interest in the dynamic legal relationship between arbitrators
and courts.
(added 11/07)
Law 670 Law, Policy and International Development.
This seminar will explore legal strategies for promoting economic and political
development in emerging economies. The first part of the course provides an overview
of the theories underpinning development policy and is intended to establish the
necessary foundation and vocabulary for the rest of the course. The second part
delves into various legal strategies for development with a focus on the discourse
of property rights, rule of law, economic and social rights, and judicial reform.
In the third and final portion of the course, students will scrutinize specific
law and development projects funded by multilateral institutions such as the World
Bank to assess their effectiveness in increasing the well-being of indigent populations
living in the developing world.
(added 4/05)
Law 646 Legal Rights of Children. This
seminar examines the increasing state intervention in family decision-making with
regard to children. Among the topics included are: neglect, child abuse, dependency,
child custody problems resulting from the dissolution of marriage, the rights
of putative fathers to custody of children, adoption of children, guardianships,
and children's rights in the mental health commitment process.
Law 610 Military Law. This course involves a study of the Uniform Code
of Military Justice (UCMJ). It considers the UCMJ's past, present, and future.
The military courts-martial system is compared with its civilian criminal justice
counterpart. The required materials are furnished (without charge).
(added
11/06)
Law 605 Nanotechnology: Societal
Implications of the Next Technology Wave. Public and private funding is pouring
into nanotechnology research and development (some $8 billion annually worldwide).
Seen by many as the key disruptive technology of the 21st century, nanoscale manipulation
is already affecting many industrial sectors and has the capacity to revolutionize
not only the economy but the culture. The "21st Century Nanotechnology R.
and D. Act" was signed into law by President Bush in December, 2003, and
alongside generous research funding provision (of the order of $1 billion per
annum) stresses the need for attention to its societal implications. In this seminar
we examine key social and ethical questions raised by the technology, and assess
the manner in which both United States and international (especially European
Union) policy is being developed. Particular attention will be paid to reports
on the implications of nanotechnology that have been generated by both the federal
National Nanotechnology Initiative and the European Commission. We shall also
review the approach of key advocacy groups, both those critical of the technology,
and those who consider that the federal project is insufficiently ambitious.
(added 11/05)
Law
631 Narrative Perspectives on the Death Penalty. This course will use a variety
of narrative (i.e. story-telling) sources, including fiction, non-fiction, film
and theater, to examine the death penalty and its legal, moral, political and
emotional aspects. The specific content of the course will be determined, in large
part, by the members of the class and their interests. Some of the works that
may be included in the course are Truman Capote's In Cold Blood, Norman Mailer's
The Executioner's Song, Franz Kafka's In the Penal Colony, Dead Man Walking (film),
and The Exonerated (play). All students will be required to give a class presentation.
Students choosing to take the class for seminar credit will write a research paper
and those choosing to take it as a regular course will do a take-home exam.
(added 11/07)
Law 635
Philosophy of the Criminal Justice System. What is law? The discussion will
contrast the points of view of the legal positivists, the American realists, and
natural law adherents. The focus will include statutes passed during the Hitler
era in Germany, some civil rights cases, and civil disobedience cases during the
Vietnam war, with references to Aquinas, Aristotle, Martin Luther King, H.L.A.
Hart, Fuller, Rawls, etc. What is justice? The focus here will be on the death
penalty with references to United States Supreme Court cases attempting to define
justice in the criminal area. This seminar will also address decision-making in
the criminal area B what legal reasoning models are used.
Law 660 Privacy Rights in Employment. This seminar focuses on the emergence
in employment law of matters affecting the privacy rights of the individual employee
in the private sector. Topics addressed include drug and alcohol testing, defamation,
the tort of invasion of privacy (and its various forms), confidentiality of employee
communications, including e-mail, employer rights of search and seizure, and employee
surveillance and monitoring. Legislative developments and case law in the area
will be the subject of discussion in each class.
Law
656 Public Sector Employees. This seminar will examine the constitutional,
common law, and statutory issues arising in labor relations and collective bargaining
between governmental units and public employees and their unions. Particular emphasis
will be placed on the essential differences between labor relations and collective
bargaining in government and that same process in the private sector. Seminar
participants will be expected to write a major research paper on those differences,
exploring whether they are substantial enough to warrant the adoption of private
sector labor law concepts, and if so, to what extent.
Law
643 Reproductive Technology. Technologies related to diminishing or enhancing
fertility (such as contraception, in vitro fertilization, cloning, artificial
insemination, and surrogate motherhood) raise issues that cut across a variety
of legal domains. This seminar will explore the constitutional, tort, and family
law implications of the technologies and attempt to develop appropriate policies
for their use.
Law 644 Religion and the Constitution.
This seminar focuses on the role that religion plays, and should play, in American
public and private life under the Constitution. Emphasis will be on the Establishment
and Free Exercise Clauses of the First Amendment, with a fair does of the history
necessary to understand this controversial subject.
(added
4/04)
Law 617 Resolving Environmental Liabilities
in Bankruptcy. This seminar addresses how environmental liabilities and related
mass tort claims are resolved in corporate reorganizations under Chapter 11 of
the Bankruptcy Code. The seminar will begin with a survey of the jurisdiction
of the bankruptcy courts, the allowance of claims against the estate, and confirmation
of debtor’s plan of reorganization. We also will consider the key provisions
of the Federal Rules of Bankruptcy Procedure, exploring how litigation in the
bankruptcy courts differs from discovery and trial practice in the district courts.
In the second half of the seminar, we will examine several case studies from recent
Chapter 11 cases in which environmental liabilities played a pivotal role for
the debtors’ reorganization and will use these case studies to explore strategies
for resolving environmental liabilities. Students will brief and argue hypothetical
appeals from the decisions in these cases, using the supplied course materials;
no outside legal research is required for the seminar. This seminar is intended
for students interested in a practice in environmental law, corporate reorganization
and bankruptcy, or complex federal litigation. No prior courses in bankruptcy
or environmental law are necessary for students to participate fully in the seminar.
(added 11/07)
Law 659
Science and Law: Research, Ethics, and Accountability. Emerging technologies
from embryo stem cell therapies to nanomachines raise important new legal issues.
This seminar will explore the laws, regulations, and professional organization
guidelines that relate to the rights and responsibilities of researcher subjects
who participate in human research as well as the researchers who are developing
technologies that are expected to transform our health, our capabilities, and
the way we live. Students will write an in-depth seminar paper on a subject chosen
in consultation with the professor.
(added 4/05; revised
4/07)
Law 688 Selected Problems in Globalization
and International Business Transactions. This seminar will analyze selected
advanced topics in international business transactions. Areas addressed will include
comparative business structures; commercial dealings ranging from basic purchase/sale
contracts to joint ventures; international finance and currency movements; international
trade and import/export issues; jurisdiction, litigation, and dispute resolution;
cross-border antitrust law; and public bodies such as the International Monetary
Fund and the World Bank. Prerequisite: International Business Transactions completed
or taken concurrently; or permission of instructor.
(added
11/05)
Law 621 Seventh Circuit Review:
Honors Seminar. This course is an in-depth investigation of the current term
opinions of the United States Court of Appeals for the Seventh Circuit and their
impact on contemporary jurisprudence. As part of the class, students will publish
an on-line journal, tentatively titled the Seventh Circuit Review of Published
Opinions. The Seventh Circuit Review will present and comment on current term
published opinions in such areas of the law as civil and criminal procedure, administrative
law, alternative dispute resolution, employment law, constitutional law, criminal
law, tort, and contract. Upon successful completion of the course, students will
receive both a course grade and publication credit as a member of the staff of
the Review. During the semester, students will identify cases to be included in
the Review, prepare initial drafts for discussion of the assigned cases based
on in-depth analysis of the cases and background research, edit case discussions,
prepare final publishable drafts of case discussions, integrate individual case
discussions into the online journal, and "defend" analysis at a semester-end
roundtable.
This is an honors seminar. To enroll, students must meet one
of the following criteria: (1) cumulative GPA in previous legal writing courses
of 3.5 and class rank at the time of registration within top 50% of class, (2)
recommendation of Legal Writing 1and 2 professor and/or Legal Writing 4 professor,
(3) Law Review membership, (4) Moot Court Honor Society membership, or (5) approval
of course instructor. If more than 15 qualified students register for the course,
enrollment will be determined by random drawing among the qualified students.
(added 11/05)
Law
651 Sexual Orientation and the Law. Despite important recent changes at the
local, state, and national levels, and in some foreign countries and the European
Union, to protect gay men, lesbians, bisexuals, and transgendered persons (LGBT)
from discrimination and to recognize same-sex relationships, society’s attitude
toward homosexuality and transgendered issues continues to be ambivalent. This
is especially true in respect to marriage and child rearing, as we see in the
current debates over same-sex marriage, but it is also found in the attitudes
of states that fail to protect against public and private employment discrimination,
and in the federal government’s “Don’t Ask/Don’t Tell”
policy to keep openly gay persons from serving in the military. This course/seminar
will explore the possibility of finding a legal, philosophical or political framework
for approaching LGBT issues by critically looking at various conceptions of homosexuality
and society’s purported justifications for affecting this behavior, against
its broader concerns for guaranteeing social liberty and human equality. It will
then apply this understanding to the interaction between gays and the criminal
justice system; discrimination in public employment (including military service)
and private employment; first amendment issues posed by gay teachers in public
schools and universities; the legal problems faced in establishing same-sex relationships
(especially
marriage) in Massachusetts and elsewhere; and the legal problems
gay people confront in matters pertaining to child custody and visitation rights.
Central to the course will be locating possible interpretations for the Supreme
Court’s 2003 interpretation in Lawrence v. Texas, and its 1996 decision in
Romer v. Texas. This particular area of the law is really several areas as they
relate to gays, lesbians, bisexuals and transgendered people. LGBT have been a
kind of exception to the way the law traditionally operates, and this exception
cannot usually be made sense of in terms of traditional legal thinking. For this
reason the course will engage a certain degree of theoretical abstraction to undersand,
clarify and hopefuly improve the law in these areas.
(revised
11/07)
Law 609 State Constitutional Law.
This seminar examines the emerging role of state constitutions with respect to
state law and relevant policy issues of our time. We will we study the origins
and basis of state constitutions in addition to the separation of state and federal
constitutional powers. In criminal law, state and federal constitutional law on
search and seizure will command particular emphasis. In recent civil law and policy,
state legislators and voters have considered state constitutional amendments on
same-sex marriage and tax-dollar funded stem cell research. We will examine the
state constitutional basis for these and other relevant proposals.
(added
11/06)
Law 649 Tax Policy. This seminar
addresses the economic, political and social theory underlying our current system
of federal taxation. Topics covered include: (1) use of the tax law to implement
governmental policy, (2) analysis of tax rate structure (progressive versus flat
tax), (3) taxation of home ownership and other non-monetary benefits, (4) capital
gains treatment, (5) the proper taxation of the family unit, (6) the proper taxation
of corporations and other business organizational forms, and (7) the appropriate
role of the tax lawyer as a participant in the federal tax system.
Law 605 Trade and Intellectual Property Rights. In 1994, a historic international
agreement on trade-related aspects of intellectual property rights (TRIPs) was
concluded under the auspices of the World Trade Organization (WTO), signaling
the beginning of a new era in international intellectual property law. The trade
dimension was now placed front and center of intellectual property lawmaking,
presenting new challenges for trade lawyers and for intellectual property lawyers.
Now that we have ten years of experience with TRIPS, this seminar explores legal
and institutional issues related to the TRIPs Agreement and the incorporation
of intellectual property within the trade regime. The seminar will address the
critical "case law" that has developed under the TRIPs Agreement (seven
reports of the WTO dispute settlement panels, including successful challenges
to two US intellectual property laws) as well as other important policy challenges
presented by the intersection of trade and intellectual property rights. In the
latter context, as part of our discussion of the current and future significance
of TRIPS, we will consider efforts in the TRIPS Council (another important part
of the WTO's intellectual property branch) to address mechanisms to ensure that
patents encourage, rather than impede, access to essential medicines, as well
as efforts to develop an international system for the protection of so-called
"geographical indications" (e.g., Champagne). Evaluation will be by
completion of a seminar paper. Prerequisite: International Trade or any I.P. course
(e.g., Copyright Law, Patent Law, Trademarks & Unfair Competition, International
Intellectual Property, Law of Trade Secrets, I.P. in the High Tech Era); or permission
of the instructors. Students who take the seminar will receive full credit toward
the IP Certificate.
(added 11/05)
Law 674 White Collar Crime. This seminar focuses on the federal prosecution
of fraud, with a particular focus on health care fraud, securities fraud, and
bank fraud. The course will also explore civil prosecution of fraud and prosecutorial
discretion in corporate criminal liability.
Law 623 Work
and Family. In this seminar, we will examine the problems of combining work
and family from a variety of perspectives. We will discuss law governing the workplace,
as well as the structure and culture of work. We will discuss the relationship
between family law and work/family decisions and struggles, and we will also discuss
the division of labor within families. In addition, the course will address work/family
issues as they relate to class, welfare reform, single parent and non-traditional
families, and the legal profession.
(added 11/07)
Law 625 World Trade Organization. This seminar
will examine aspects of the World Trade Organization (WTO) and its roles. The
WTO has become a central feature in international economic relations, requiring
states to follow specified rules and procedures in regulating the flow of trade
across their borders and in structuring their intellectual property laws. It has
also become a symbol of globalization and a target for those opposed to that process.
The seminar will examine topics such as the following: the WTO as an organization,
its rule-setting and dispute resolution processes, its objectives and the prospects
for attaining them, and criticisms of the WTO.
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