Wednesday, 4:00 P.M. Room 155

Professor Blake

Welcome to Advanced Research and Writing! The goals for our class will be:

(1) to refine your skills in researching intellectual property law and other areas subject to a complex regulatory structure;

(2) to give you a practitioner's perspective on the process of researching intellectual property issues;

(3) to develop your knowledge of the statutory and administrative processes;

(4) to provide training in specialized intellectual property research sources, including specialty reporters, loose-leaf services, computer databases, and information available on the Internet and World Wide Web;

(5) to refine your understanding of research as a process that requires planning and strategy;

(6) to understand the economics of research, including how to make cost effective decisions about when to use print and on-line sources;

(7) to understand how to research non-legal sources, recalling that in the end most cases will turn on your command of the facts as well as the law; and,

(8) to continue the work on the process of writing. Lawyers are wordsmiths, and a high quality work product of necessity depends on the ability to present the results of research in a clear, well organized format.

Materials

The text for the course will be C. Kunz, D. Schmedemann, M. Downs, and A. Bateson, The Process of Legal Research (4th ed. 1996) (hereafter "Kunz"). Because excellence in research and writing has so many aspects, we will also have the benefit of instruction from a member of the library staff who is both a librarian and a lawyer. Further, representatives from LEXIS and Westlaw will help to familiarize us with the range of libraries dealing with intellectual property law in their databases.

Attendance

Your success as lawyers will depend on knowing how and when to utilize every tool available to give your clients thorough and efficient answers to their legal problems. Accordingly, your attendance at all class sessions, including library and computer training sessions, is mandatory.

Assignments

During the course of the year, you will have several research exercises. Those from the Kunz text are generally designed to ensure that you are skilled at using particular sources. You will also have two memorandum assignments. The first assignment is limited to ten pages of discussion and will count as 35% of your grade. The second is limited to 12 pages and will count as 50% of your grade. In order to duplicate the lawyering experience, please keep time sheets documenting the hours worked on the second assignment, and prepare a bill for the client. To the extent you do not believe the client should be billed for all the time expended, please prepare a short memo for the firm's management committee, explaining why you are writing off your time. The remainder of your grade will depend on satisfactory completion of the research exercises, and on class attendance and participation.

In doing the research exercises, you may work in groups. In practice, lawyers usually work together and the ability to collaborate effectively is a skill you will need. With respect to the written assignments, please adhere to the policies in the attached "Chicago-Kent Ethics Guidelines for Legal Writing Courses."

We will be happy to answer any questions you may have. We are available on E-Mail, or, alternatively, you may leave a telephone message and one of us will be glad to return your call.

The following are your class assignments:

CLASS 1

January 19                        Blake/Rauch

Introduction to intellectual property. Explain the format of the course. General overview of intellectual property law and research of intellectual property issues. Sources of law, including statutes, regulations, administrative rulings and the CFR.

For the next class, please read Kunz, Chapter 7, pp. 175-217.

CLASS 2

January 26                       Blake/Rauch

Introduction to the specialized tools of research in intellectual property law and how to use them. Loose leaf services, specialized Shepard's, specialized treatises, etc.

First memorandum assignment DISTRIBUTED. Explanation of required format, page limitations, style considerations, percentage of class grade. DUE MARCH 15th at the beginning of class.

Please begin researching and analyzing the first memorandum assignment, so that we can discuss your questions for the next class. Also for the next class, please read Kunz, Chapter 9, pp. 273-325.

CLASS 3

February 2                       Library Staff

During the first hour: Finding and using administrative materials: the Code of Federal Regulations; the Federal Register; and on-line sources for administrative materials.

Blake/Rauch

During the second hour: Questions on first assignment and analysis of issues. Further discussion of the tools and methods of research in intellectual property law.

February 9 - Professionalism Day - No Class

CLASS 4

February 16                    Westlaw Representative

Westlaw training in Computer Lab 700 for the first hour. Review of the fundamentals of Westlaw research. Researching administrative materials on line. Introduction to Key Cite. Intellectual property law databases.

CLASS 5

February 23                     LEXIS Representative

Advanced LEXIS training in Computer Lab 760 for the first hour. Review the fundamentals of computerized legal research in conjunction with statutory and administrative materials. Using the intellectual property law libraries in LEXIS.

Blake/Rauch

Answer questions on the first assignment.

CLASS 6

March 1                           Blake/Rauch

The patent process. Researching and filing patent applications. Overview of patent litigation.

For the next class, please read Kunz, Chapter 8, pp. 231-272.

March 6^th through 10^th - Spring break - No Classes

CLASS 7

March 15                         FIRST MEMORANDUM ASSIGNMENT DUE AT THE BEGINNING OF CLASS.

On-Line Tutorial

Please do the on-line tutorial on legislative history before coming to class. It is located at Simply click on the jumplink to "Legislative History." The tutorial covers: compiling a legislative history; the legislative process; committee hearings, reports, and other steps in the legislative process; significance of legislative histories in interpretation of statutes; how to find the relevant legislative materials; and state legislative histories.

For the next class, please read Kunz, Chapter 11, pp. 377-385.

CLASS 8

March 22                         Westlaw Representative

Advanced WestLaw training in Computer Lab 760 for the first hour. Research strategies and using the intellectual property law libraries effectively. Finding empirical and factual data.

Blake/Rauch

Second Memorandum assignment DISTRIBUTED.

Discuss issues, format, style, page limits, percentage of course grade, and possible research strategies. Due MAY 3rd at the beginning of class.

CLASS 9

March 29                        LEXIS Representative

Advanced LEXIS training in Computer Lab 760 for the first hour. Honing research strategies. Using the special libraries effectively. Finding empirical and factual data using NEXIS. Tips for efficient and quick searches.

CLASS 10

April 5                              Library Staff

The Economics of Legal Research: Coordinating conventional and on-line research strategies.

Empirical research. Other information sources for factual data and statistics. Using Dow Jones.

For the next class, please do the Chapter 11 problem set beginning on page 515, using research situation E (p. 512).

CLASS 11

April 12                            Library Staff

During the first hour: International Legal Materials: Treaties; Executive Agreements, IGO and NGO materials; the importance of WIPO and international norms in intellectual property practice.

Blake/Rauch

During the second hour: First memorandum returned. Discussion of research, analysis, organization, and style. Common problems. Answer questions about the second memorandum assignment.

Discuss research exercise.

CLASS 12

April 19                           Blake/Rauch

No class. Conferences on the second assignment.

CLASS 13

April 26                            Blake/Rauch

The practitioner's perspective: special problems in representing clients in the intellectual property area.

CLASS 14

May 3                             Blake/Rauch

SECOND MEMORANDUM ASSIGNMENT DUE AT THE BEGINNING OF CLASS.

 

HAVE A WONDERFUL SUMMER VACATION!!