Course Descriptions
109 - The Rule of Law in Developing Legal Systems (2). The objective of this course is to gain an understanding of the emerging field of rule of law reform by examining the design and implementation of a variety of legal and judicial reform initiatives in developing countries. Initially, the definitions of "Rule of Law" will be examined and the class will explore the clash of different objectives behind rule of law reform programs, including democracy promotion, economic development, promotion of human rights and social justice and law enforcement. The role played by a well functioning, effective and accessible justice system in the economic growth and sustainable, equitable development will be examined. As case studies, the class will review programs implemented in selected developing countries and issues raised by overlapping or inconsistent agendas of foreign donor nations, international and regional organizations (e.g. United Nations, Organization of American States, USAID, Inter-Development Bank, World Bank, European Bank for Reconstruction and Development, etc.) involved in these programs will be discussed. (Dwyer)
110, 111 - Civil Procedure I & II (3-3). An introduction to and analysis of the concepts and doctrines that govern the procedure followed in civil litigation. Jurisdiction, choice of law (Erie), pre-trial, trial and appellate procedures are discussed. Emphasis is placed on practice under the Federal Rules of Civil Procedure in the federal courts. The Illinois Civil Practice Rules are studied as exemplary of practice under a modern state code. (Ho, Kaufman, Michael, Rose, Tsesis, Waller)
120 - Constitutional Law (4). An introduction to the United States Constitution. Subjects include the role of the United States Supreme Court, federalism, and separation of powers. Particular attention is paid to judicial power and judicial review, national legislative power including commerce power, commerce clause limitations upon state power to regulate, and presidential power and authority in both international and domestic affairs. (Geraghty, Raphael, Shoenberger, Tsesis, Zimmer)
121 - Constitutional Law: Rights and Liberties (4). This course covers the procedural and substantive components of the due process and equal protection clauses. Other topics include the contracts clause and the takings clause. Civil rights legislation may be covered at the discretion of the instructor. (Shoenberger, Tsesis)
130 - Contracts (4). An analysis of the formation, transfer and termination of contract rights and duties, and the legal and equitable remedies available upon breach of contract. (Breen, Cooper, Haney, Moses, Williams)
133 - Therapeutic Jurisprudence Practicum (2). This course will introduce the therapeutic jurisprudence perspective on practicing law in various settings: criminal, civil, family, juvenile, special education and in office practice as well as in litigation. The assigned course book will be Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts ( Winkler and Wexler, eds 2003). Various articles including law review articles will be assigned to explore the role of problem solving courts and how that translates into practice for lawyers. Chapters from Practicing Therapeutic Jurisprudence: Law as a Helping Profession ( Stolle, Wexler, Winnick eds.2000) and Symposium: Therapeutic Jurisprudence and Children: 71 U.Cinn.L. rev. ( 2002);
1. Students will be assigned one 15 page paper dealing with a topic of their choice regarding therapeutic jurisprudence. Students will be expected to present this paper for class discussion.
2. Students will also be expected to observe in one of several court settings including Cook County Mental Health Court and Drug Court, Juvenile Court or Family Court. Arrangements for those visits will be facilitated by Professor Moran. Students will be expected to write a 5 page summary of their observation and relate this to the topic of therapeutic jurisprudence. (Moran)
140 - Criminal Law (3). An introduction to the substantive law of crimes. The primary emphasis is on those rules, principles, and doctrines applicable to most or many crimes. These doctrines include actus reus (What is a criminal act?), mens rea (What states of mind are criminal?), and the defenses of insanity, intoxication, impossibility, mistake, duress, and necessity of self-defense. Some attention is also given to several specific crimes and to theories of punishment. The primary materials are statutes (the Illinois Criminal Code and the Model Penal Code) and selected appellate court opinions. (Bronsteen, Carey, Norton, Raphael, Yellen)
150, 151 - Property (4). A study of interests in land and personal property emphasizing the modern law of estates, cotenancy, landlord and tenant, conveyancing, and land title assurance. Some coverage of public and private control of land use may be included. (Kwall, McCormack, Rose, Stern)
160 - Torts (4). A basic course in the substantive law governing compensation for injuries to property and to the person. Considered are intentional wrongs, negligence, malpractice, products liability and strict liability; invasions of personal integrity and emotional well-being; injury to tangible and intangible rights in property; liability insurance and alternatives; and damages. Other risk-bearing alternatives are considered and contrasted with the traditional common law theories. (Appel, Cooper, Frischmann, Locke)
171 - Comparative Criminal Procedure (2). The Bill of Rights and the exclusionary rule are the characteristic features of the investigation and prosecution of criminal cases in the United States. Their impact is felt in every phase, from search and seizure and interrogation to jury selection, allocation of the burden of proof and impeachment. This course will review the various points at which the exclusionary rule impinges upon the investigation and trial of an American criminal case and will compare the American approach with the Italian system, and with the system of other European countries. Classroom discussions and readings will be supplemented with guest lectures by Italian officials and by observations of various phases of the Italian system. (Carey)
172 - Comparative Law (2). This course is designed to introduce students to the purposes, methodologies and substance of comparative law as a legal discipline. The course will give students a grounding in the nature and the elements of the practice of law in different legal systems; develop in students an appreciation of the social, political, historical, economic and cultural factors that are reflected in various legal systems; and prepare students for the study of more specialized courses in the comparative law area. Students will study and compare legal systems in the common law tradition (not just the U.S. but also the U.K. and possibly India and/or other countries) and those in the civil law tradition derived from ancient Roman law (looking primarily at France, Germany, Italy, and probably Chile and perhaps other countries). Through this course, students should come to appreciate how all modern legal systems, and the actors in those systems (lawyers and judges), address the same human problems - and how their methodologies differ based on interconnected factors of legal education, the nature of legal practice, legal institutions, and the society and culture in which they operate. (Haney, McCormack)
174 - Comparative Jurisprudence (1). This course will discuss in a seminar format the fundamental concepts of justice and judgment as they have emerged in art, literature, music, law, and philosophy. Texts of St. Thomas Aquinas, St. Isidore of Seville, Hugo Grotius, and other works will be included. The course will pay special attention to society's concepts of justice and judgment as expressed in the Italian artistic depictions of the last judgment both in paintings and music. Paintings of the Giudizio Universale and Giudizio Finale (particularly those of Beata Anglelico, Nicolo e Giovanni, and Michelangelo) and musical settings of the Dies Irae (Gregorian and Verdi among other) will be included. Additionally, we will have as guests Italian lawyers and judges to discuss these topics. (Donnelly)
179 - The Law of Jury Selection (2). This course will focus on various legal and practical considerations that attorneys must face both during and following the jury selection process. The course will cover: Constitutional issues; what must be proven to establish bias; the role of trial consultants (particularly in high profile cases); challenges to the array, challenges for cause and peremptory challenges; timing and procedural limitations; the significance of group dynamics; questioning techniques and the use of questionnaires; problems at trial and during deliberations; and the extent to which the parties may be entitled to examine prospective jurors in various areas of inquiry (such as occupation, education, knowledge of the case, legal and government experience, religious and educational beliefs). Students will participate in a mock voir dire, prepare a draft questionnaire and complete a brief (5-7 page) paper on a topic to be selected in consultation with the instructor. (Donner)
182 - Law and Gaming. This course will introduce students to an array of legal and social issues associated with gambling. Topics will include casino gambling in Illinois, administrative law involving licensing, investigations, adjudications and due process, problem gambling, rulemaking, Indian gaming, internet gaming and associated issues. Various statutes, cases, articles, Attorney General Opinions and rules will be examined and discussed. Guest speakers may be utilized to emphasize a particular topic. (Fries)
185 - Business and the Law (enrollment limited to first-year students) (3). The majority of practicing lawyers represent businesses or individuals with business or investment interests. Unfortunately, the majority of law students have had limited exposure to business law and the first year curriculum offers few opportunities to explore this area. This course is intended to expose first year law students to the fundamental issues and perspectives that pervade business law. The goal is to make these topics accessible to all students, particularly those who have not taken many, if any, undergraduate courses in business, economics or accounting.
The course will be divided into three segments. The first segment, entitled "The Law of Business," will introduce students to fundamental business and tax law concepts as well as transactional issues that business lawyers confront. These issues include the alternative ways of organizing a business (corporation, partnership or limited liability company) and the alternative ways of structuring a business acquisition or merger. The second segment, entitled "The Planning Process" will introduce planning tools (e.g., the time value of money, compound interest) and the planning process in the context of both personal financial planning and estate planning. The third segment, entitled "Ethical Business Lawyering" will explore the pressures on new lawyers to conform to an existing culture, how lawyers get into trouble, and how business law can be practiced in an ethical manner. Certain classes may be taught with other professors and practicing lawyers.
There will be no final exam in this course. Students will be required to submit three short papers (on topics of each student’s choice - one paper relating to each of the three course segments) and to serve as a facilitator for a discussion of relevant current events in one or two classes. Class participation will also be taken into account. There will be no casebook. Law review articles and excerpts from other publications will be assigned. Students will also be expected to read the Wall Street Journal on a daily basis. (Kwall)
190, 194 - Legal Writing I & II (2-2). Students read and analyze legal authority and learn how to apply the legal authorities to particular fact situations. Through a series of legal memoranda writing assignments, students develop their analytical and writing skills. Students are taught legal research methods through written exercises, research memos, and lectures. Second semester, the course builds on the basic writing, analysis, and research skills students have learned first semester and introduces persuasive writing skills. Students also learn how to present an oral argument to the court. Computerized research techniques are included in the course. In order to provide significant opportunities for instructor feedback, the first-year writing classes are organized into sections of approximately fifteen students. Each section is staffed by both a legal writing instructor and a student tutor. (Brendel, Perlin and the Legal Writing Faculty)
