Course Descriptions
105 - Argument and Persuasion (3). This course will consider the role that argument and advocacy play in the resolution of constitutional questions. It will also consider what constitutes effective advocacy, and how one crafts a persuasive argument, in this context. The first part of the course will consider the general problem of persuasion by focusing on classical theories of argument. In this part of the course, the class will study relevant works by Plato and Aristotle. Since the aim of appellate advocacy is to persuade a particular and specialized audience, namely, appellate judges, the second part of the course will consider the particular demands and requirements of persuasion in that context. What do judges and theorists of judging say that judges do, or think they are doing, when they interpret the U.S. Constitution or resolve other questions of law through interpretation? How does an understanding of these matters impact upon what lawyers can or should do in framing their arguments? In the final part of the course, students will apply the knowledge they have gained in the first two parts of the course by studying the opinions, briefs, and oral argument transcripts in selected Supreme Court cases. The selected cases will present distinct problems in advocacy. Students will be asked to evaluate the effectiveness of the arguments actually made in the cases and consider whether other arguments might more profitably have been made. Papers will be required. (Sullivan)
106 - Trustees and Trust Administration. This course will examine the fiduciary responsibilities that govern the duties of the trustee in carrying out the provisions of the trust as dictiated by the trust instrument. The course will survey the myriad of situations that the trustee may encounter in balancing the often competing interests of the various classes of beneficiaries. The course will also examine some of the recent cases, state statues and legal trends that are instructive in this area. The course will also review the regulatory authority in this area. The course will also review the regulatory authority that governs the unique investment considerations that impact trustees in managing the assets of the trust. There is no prerequisite. (Herte)
107 - Mass Torts (2). This seminar will address both procedural and substantive aspects of mass tort claims. Among the topices that may be covered are the following: the defining characteristics of mass tort claims; their resolution through litigation, administrative and legislative procedures, and the bankruptcy system; jurisdictional issues arising in mass tort cases; the interaction between state and federal courts in resolving mass tort claims; standards for admitting scientific evidence to prove mass tort claims; the elements necessary to establish mass tort claims; affirmative defenses arising in mass tort cases, such as statute of limitations issues and regulatory compliance defenses; and the design and administration of claims resolution facilities for processing mass tort claims. (Smith)
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.
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)
116 - Securities Fraud Seminar (2). The class begins with a broad overview of the U.S. securities markets and equity products being offered to the public. Based on that foundation an analysis of fraud as it applies to securities is reviewed beginning with the history of fraud up to the current Supreme Court cases concerning the definition of securities fraud. The class will examine several different views of securities fraud including the perspective of the individual shareholder or enforcement attorney on the Plaintiff's side to the stock broker, corporate officer and Board member on the defense side. (Rzepczynski)
117 - Philosophy of Law (2). Philosophy of Law surveys the most prominent philosophical issues in jurisprudence. The course reviews the problems in defining law and distinguishing the law's relationships with justice, ethics and political theory. After studying positivism and natural law theories, the class will critically examine the law's efforts to regulate ethical duties for its citizens, judges and practitioners, to define the political relationships between citizens and government, and to resolve the epistemological problems of determining truth, assigning burdens of proof and discerning causation. Issues will include the definition of human beings, capital punishment, rights to life and death, privacy and private property. Each student will write two short papers on assigned topics and a longer paper on a topic of choice. Class discussion is an important part of this course. (Nora)
119 - Contracts for International Sale of Goods (1). This course will introduce students to contracts of sale in an international environment. The legal framework will be provided by the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG). The concepts and solutions of this Convention will be presented in the context of cases and be further explained against a comparative law background. This includes the formation of contracts, obligations of the parties to a contract of sale and the rights and remedies available in case of breach of contract. The overall aim of this course is to familiarize the students with the most successful set of rules at the level of international uniform law. Students are expected to prepare for the course by reading Schwenzer, Ingeborg / Fountoulakis, Christiana (eds.), International Sales Law, Routledge Cavendish: London/New York 2007. Specific reading assignments will be provided in due course. (Schwenzer)
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)
123 - Advanced Partnership Tax (1). Partnerships continue to be a favored form for conducting business because of their flexibility and flow through status for tax purposes. Partnership taxation presents complex issues which if dealth with appropriately can make a significant economic difference for their owners. This course examines a variety of advanced partnership taxation topics required of an attorney providing tax advise including entity classification, drafting and understanding of income allocations under § 704(b) and (c), allocation of partnership liabilities, disguised sales and other gain deferral and triggering provisions, sale and acquisition of partnership interests, and other topics, including treatment of distressed partnership, if time permits. (C. Boyer)
125 - Law and Sexuality (2). This course examines how certain expectations about sex, gender, and romantic love permeate American and international law. As a result, the course covers a wide range of topics that are now fiercely debated on a national scale, such as hate crime, abortion, rape, domestic violence, prostitution, AIDS, gender assignment surgery on adults and intersexed children, and discrimination in the U.S. military based on gender and sexual orientation. Additionally, because practicing attorneys are increasingly likely to counsel clients on laws related to matters of sexual orientation (especially in representing openly gay, lesbian, bisexual and transgendered clients), the course gives particular emphasis to laws related to domestic partnerships, adoption, marriage, child custody, and discussion of sexual identity in various private and public settings, such as schools and the workplace. Grades are based on (i) an in-class group presentation, (ii) a series of reaction papers of approximately 3-5 pages in length and (iii) a final paper of approximately 15-20 pages in length. (Glazer)
127 - Law and Psychology (2). For many years, the field of psychology focused primarily on mental illness. But in the past ten years, many psychologists have begun to analyze happiness and to study the ways in which all people, healthy or ill, can increase their enjoyment of life. This course will explore the new field of hedonic psychology, evaluating its methods and examining its findings. We will consider whether legal policy can or should be shaped by these findings in an effort to help people become happier. (Bronsteen)
128 - Commercial Lease: Art and Strategy (3). This is an advanced seminar intented to give students a working familiarity with the anatomy of a commercial real estate lease document, using actual examples, and provide a real-world introduction, from a practitioner's perspective, to: (1) the substantive law that applies to commercial leasing (and financing commercial leases); (2) the business objectives of commercial landlords, tenants and mortgage lenders as they analyze and negotiate commercial leases; and (3) the ways transactional lawyers use specific lease terms to further their clients' objectives, while keeping the lease balanced enough to keep the deal intact. The course will focus on Illinois law, but the instructor will point out points on which state law may differ, and how that might affect the lease terms. The course focuses on a "vanilla" office lease for a multi-tenant building. The draft lease, itself, is, in effect, the central "text," and classes would be organized around the major lease sections. In addition to the lease itself, course reading materials will include excerpts from statutes, treatises, practitioners' guides, and, occasionally (but rarely), court cases. The goal of the proposed course is to provide as nearly as possible, given the constraints of a classroom setting, the quality and substance of the experience a first-year associate would ideally have in a law firm in reviewing, negotiating and drafting a lease under a supportive, mentoring partner (i.e., the instructor). Students will volunteer to be landlord's counsel, tenant's counsel or mortgage lender's counsel. For the duration of the course, students will review, analyze and participate in discussions from their chosen perspectives.
Prerequissites for the course are Contracts and Property. Students who have taken courses in Real Estate Law, Landlord-Tenant Law and/or Secured Transactions would be at an advantage. (Vranicar)
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)
136 - Law and Catholic Social Thought (2/3). This course introduces students to the major documents that comprise the Catholic Church's social teachings. The documents will serve as a basis for a broader discussion of whether the social teaching has anything relevant to say or should have to say about current trends in American law. Considers whether lawyers of faith are obliged to move the law in a direction that comports with their core religious values and how that can be done in a pluralistic society; whether Catholic social teaching offers ideas and values that might find broad-based acceptance; and what happens if a lawyer determines that the profession and/or the society are hostile to the values presented in the social teaching. A twenty page paper delving into a particular issue or subject matter will be required for successful completion of the course. (2 Credits; however, a 3 Credit option is available to those members of the seminar who write a longer paper of thirty pages.) (Araujo)
138 - Comparative Corporate Law: Governance in the U.S., Western Europe and East Asia Seminar (2).
This seminar will explore selected topics in corporate law and governance in the U.S., Western Europe, Japan and China. It will address these topics under U.S. law in a summary fashion, key EU Directives and domestic law and corporate governance in three European jurisdictions: Germany, Italy and the U.K. These same issues, to a lesser degree, will be looked at in the newer corporate law jurisdictions of Japan and China. Initial readings will introduce the law, governance institutions, and ownership structures of the focus jurisdictions. The seminar will consider the governance choices made by these jurisdictions in a variety of specific areas. These areas will include the allocation of legal power between the shareholders meeting and the board, the protection of minority shareholders, the protection of corporate creditors, the participation of stakeholders such as employees and the state in corporate governance. The seminar will conclude by addressing change in corporate law and governance across jurisdictions, including the sourses of pressures for reform and whether these pressures operate in the direction of convergence across jurisdictions. The written assignments for this seminar will consist solely of discussion memoranda addressing the weekly readings. Seminar participants may write papers for additional credit in tandem with taking the seminar, but not as a substitute for weekly memos. It is highly recommended that students in this seminar have completed a course in basic corporate law.
139 - The Art of In-House Legal Counseling (3). This course will introduce students to the evolving history, roles and responsibilities of in-house legal counsel. Students will investigate the skills and characteristics that contribute to successful and effective practice as an in-house counsel and explore the similarities and differences between in-house legal practice and outside legal practice. Topics covered during the course will include: the relationship between in-house counsel and his/her client; in-house counsel's role in adding value to his/her organization; advising and counseling clients; fact gathering and investigation; managing an in-house legal practice; selecting and managing outside counsel; and the ethical challenges of in-house counsel. This will be a hands-on course focused on practice skills development. In role plays, students will step into the shoes of in-house counsel to address a variety of situations in which an in-house counsel would be expected to act. Students also will observe experienced, practicing in-house counsel address similar situations and analyze the factors and considerations that contribute to effectively addressing the situations. Students will be expected to regularly attend and participate in class. There will not be a final examination in this course. Students will be evaluated on the basis of a final project (which will involve a class presentation and a written assignment or assignments) and class participation. (Slaughter)
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)
143 - Criminal Law and Procedure Seminar (2). This course considers in detail some issues in criminal law and criminal procedure. It is a classic seminar in that you will write a paper (and I will work closely with you on it individually) and you will present it to the class. The point of this seminar is not to survey yet another area of legal doctrine, but to allow you to become experts in one particular, narrow problem. By the end, you will have gone as far with this one issue as there is to go, you will know all there is to know. On this one topic, you will have reached bottom.
In addition to this substantive experience, you will practice writing well and organizing thoughts and presenting them. (Welling)
149 - Education Law for Non-Public Schools (2). This seminar will survey important topics in education law as it relates to private schools including religious, community based, and independent schools. Topics will include issues related to licensing and state regulations, school governance, finance, employment, school liability, and student rights (both for regular students as well as students with special needs.) Seminar participants will explore these legal issues through assigned readings, class discussion, collaborative exercises, class presentations, and individual written papers. (Zarzour)
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. (Glazer, Kwall, McCormack, Rose)
153 - Wills and Trusts Drafting (2). This is a hands-on, participative, skills course in which students will learn how to properly structure and draft basic wills and trust documents, both testamentary and living. Practical tools, such as, engagement letters and client questionnaires, will be discussed and developed to give insight into the active practice of estate planning which the student can utilize in the work world. Estates is a prerequisite. Estate and Gift Tax is not a prerequisite. Final grade will be based on class participation and drafting assignments over the course of the semester. Class size is limited to 16. (Rummel)
154 - Natural Law & Natural Rights (3). The purpose of this course is to introduce students to the role of natural law in the development of the law, with an emphasis on the position of natural rights in American Law and International Law. The specific context of our examination will be the natural rights of the human person. Three interrelated objectives of this course are: (1) to develop an understanding of what the natural law is and what it is not; (2) to dispel the skepticism (myths) about the role of natural law; and (3) to demonstrate the critical role in the evolution of natural human rights in American Law and International Law. Several particular rights will be examined to sharpen the focus of our investigation and discussion. Our readings will consist of primary and secondary sources compiled into a reader that will be available for purchase in the Law School bookstore. (Aruajo)
155 - Law and the Subprime Debacle (2). Beginning in late 2007, a rash of defaults in subprime mortgages triggered a historic credit crisis. This crisis has now resulted in a historic global economic contraction. This class will examine the role of law in precipitating and propagating the crisis. Financial regulation, corporate governance, globalization, and housing law will be examined to determine the role of each in creating the crisis and amplifying the crisis. Specific solutions will be offered. Finally, an institutional assessment of law and regulation will be undertaken to consider broader reforms. (Ramirez)
156 - Corruption Law (2). This course will look at the law's response to issues of corruption in public and corporate life. From the boardroom to the White House from the police station to the courthouse. Can the law and the lawyers be the answer? Through class discussions, reading and presentations we will try to understand and answer these questions. There is a paper obligation but no exam. (Howlett)
158 - Litigation Ethics (2). This course focuses on ethics and professional responsibility issues specific to the litigation context. It will address the core principles in the Model Rules of Professional Responsibility pertinent to the litigation practice: competence, communication, cando, confidentialit and conflicts of interest. These topics will be considered in a "real world" situation format. In addition, certain practice issues such as multi-jurisdictional practice, supervisory responsibility, lateral mobility, malpractice insurance and professional discipline will be taken up and discussed. (Wiseman)
159 - The Financial Crisis and the Capital Markets (2). This course examines the inner workings of the capital markets, the effects of the financial crisis on these markets and various governmental initiatives to restore the capital markets to health. Course participants will also analyze the complex contracts governing various types of debt financings in the capital markets and will undertake a negotiation project to gain working knowledge of significant issues in complex financing transactions. The course grade will be based upon the negotiation project and a paper on the topic relevant to the capital markets. (Randall/Rademaker)
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, Sawicki)
164 - Mergers and Acquisitions (3). This course will introduce students to the issues that arise in merger and acquisition transactions. Students will study the legal framework within which m&a transactions take place. Students will analyze the considerations involved in selecting various structural alternatives for m&a transactions, examine the dynamics of the m&a transaction negotiation process, investigate the various stages of m&a transactions and focus on the lawyer's role in adding value to such transactions. Students will also have the opportunity to study, evaluate, draft and/or negotiate varous types of documents that are commonly encountered in m&a transactions (such as, confidentiality agreements, investment banker engagement letters, letters of intent and purchase and sale agreements). Students also will be required to make brief in-class presentations on an m&a topic of their choice. There will be a take-home final examination. Students taking this class would benefit by having previously taken Business Organziations and Securities Regulation; these classes are not, however, required to take the course. (Slaughter)
166 - Education Law Practicum (1.0-3.0). This unique course has a classroom component and a field work component. The class meets formally one hour per week to cover substantive education law issues and to develop skills tailored to the practice of education law. The course also enables students to serve children and families confronting barriers to educational opportunities. Students may choose to provide either: (1) direct representation and help to children and families in need of special education services; or (2) assistance with ongoing federal impact litigation regarding racial discrimination in educational opportunities. Students may register for 1 to 3 credits, depending on their level of commitment to the field work. Permission of instructor is required. (Coustan, Kaufman)
167 - Life After Innocence Project. A number of 'innocence projects' work around the country (and the world) to free those in prison for crimes they did not commit. However, there are fewer, if any, resources for persons once exonerated. The Life After Innocence Project ("LAI") at Loyola University Chicago follows with such exonerees to offer guidance, pro bono legal services and additional support on all levels. Students and faculty work with recent exonerees to obtain medical treatment, aid in gaining Certificates of Innocence and work with money managers to deal with any state funds or civil verdicts received after release.
Current clients include Jerry Miller (served twenty-six years for rape, robbery and kidnapping before DNA evidence exonerated him), Dean Cage (father of three, served fourteen years for rape before DNA evidence exonerated him), Alton Logan (served 26 years of a life sentence for murder until attorneys for the real perpetrator revealed a confession after his death), Jovan Mosley (did six years in a Cook County jail before receiving a Not Guilty Verdict) and Ronald Jones (served nearly fourteen years in prison, eight of them on death row, until DNA evidence proved his innocence).
Students will attend weekly group meetings, and are required to sign an agreement indicating that they will provide weekly billing to account for time devoted to the project and will continue after the semester, on their own time, any projects not completed during the semester. (Caldwell)
168 - Litigation Process and Techniques (2). This course will focus on the steps involved in litigating a federal civil case up to trial, including drafting and responding to complaints, motion practice, discovery rules and techniques, including the newly regulated area of ediscovery, presenting evidence to the court to obtain summary judgment and other pretrial procedures highlights include drafting pleadings and memorandum, understaning and applying court procedural rules, and analyzing and presenting the evidence through briefs. This course is designed for those interested in the private practice of civil litigation. (Ross)
169 - The Legal Thought of Justice Holmes (1). This is a one credit pass-fail course designed to explore the legal thought of Justice Oliver Wendell Holmes, one of the giants of American law. Justice Holmes influenced American law as a teacher, scholar, Justice on the Supreme Court of Massachusetts, and Associate Justice of the United States Supreme Court serving until well into his nineties. He is one of the most quoted and least understood figures in American law, one of the very few Supreme Court Justices who became a figure of pop culture, and the only one who was the subject of a Broadway play and movie ("Yankee from Olympus")
This seminar will meet for seven sessions beginning on Septmeber 18 and finishing on November 11, with one week off at the end of October. Each session will analyze a different aspect of Holmes legacy and influence with readings and cases by him and certain writings about him by prominent scholars. Several sessions will include guest speakers from the Loyola faculty and other law schools who have studied Holmes' career.
This is a discussion seminar where students will be expected to both read and discuss extensively the material. A ten page reflection paper on a mutually agreeable subject related to Justice Holmes is required. The reflection paper will be based solely on the readings for the course and will not involve any outside research. Students will present their draft reflection papers on the final two sessions of the course. Final drafts of the papers will be due on the last day of classes for the semester. (Waller)
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)
176 - Introduction to International Trade and U.S. Customs Law. The goal of this course is to provide students with an overview of International Trade and U.S. Customs law, in its domestic and international contexts. Students should be prepared to learn about the basics of international organizations that play a role in trade; U.S. governmental agencies and their roles in international trade; U.S. Customs law and compliance issues. The class will also cover how a client's non-compliance with Customs issues can incur penalties from the U.S. government and affect overall client profitability. The role of NAFTA and other free trade agreements in international trade will be discussed, in both legal and political settings. The class will also discuss how U.S. Customs law has changed in the wake of 9/11. Finally, students will receive an overview of antidumping law and the litigation of antidumping and U.S. Customs issues at the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. (Amadon)
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)
181 - Supreme Court Seminar (3). The aim of this seminar is to provide students with a deeper appreciation of the work and workings of the Supreme Court of the United States and its place in the American system of government. Students will acquire an understanding of the Court's case selection process by participating in a simulation of the Court's conference and discussing a number of pending or recent petitions for certiorari, deciding which petitions should be granted, and explaining why. In addition, students will acquire an understanding of the Court's merits or oral argument docket by taking the roles of of Justices and advocates in the oral argument, discussion and decision of several cases now pending before the Court. Paper will be required. (Sullivan)
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)
Art Law Practicum is a one-credit research oriented course, focusing on the transactional aspects of collecting art. Students will be responsible for developing the doctrinal foundations of relevant law (chosen by the professor in conjunction with the student) from the perspective of art ownership and then preparing appropriate documentation for the transaction. The topics will be developed from the chronological time line of acquisition, ownership and disposition. Students may work alone or in a group, and will be expected to present the results of their research to the group. (Instructor permission required) (Rhodes)
184 - Advanced Litigation Skills (2).
Learning litigation skills task-by-task can leave the young practitioner with little guidance on how to form the overall strategy necessary to develop and present an effective civil case. While covering a wide range of specific skills, including final pretrial preparation, the pretrial uses of opening statement and closing argument, the careful researching of local rules of procedure, techniques for examining witnesses, emphasis in the use of discovery tools, techniques for oral argument and applying a structured approach to settlement negotiations, this course will emphasize the aspects of these skills that support an overall civil litigation strategy. This course will require students to review a variety of materials in preparation for class, to participate in certain in-class exercises and to submit certain written work during the course of the term. Evaluation of each student's performance will be based on in-class exercises and written work during the course of the term. (Herbert)
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 Ethical Practice of Business Law" 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. The third segment, entitled "Developing a Financial Mindset" 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 business planning. 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 take a mid-term exam and to submit a short final paper. Class participation may also be taken into account. 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)
197 - Advanced Business Organizations, Including a Comparative Perspective (2). This course focuses on current topics in US Corporate Governance and unincorporated business organizations (including limited liability partnerships and companies).
For each topic, we will define the legal issues involved, examine the methods that US law provides to deal with these issues, consider whether those methods are effective and whether other methods would be more effective. In the last step of our reasoning, we will take a comparative perspective and attempt to assess whether or not other methods used in other countries could be used in the US. The purpose of this course is to get a better and deeper understanding of American Business law and we will conclude with reflections on what a comparative perspective tells us about American legal system. (Champetier de Ribes-Justeau)
