Course Descriptions
200 - Public International Law (1). This course introduces the structure of the international legal system, including the role of international organizations and international limits on national power. The course examines a number of topics of current and continuing interest in international law, such as the law of the sea, the peaceful settlement of disputes, and the use of force. (Haney)
202 - Summer Institute on Aging (2). This four-day interdisciplinary course features faculty and guest speakers from a variety of disciplines and is open to professionals as well as Loyola law and graduate students. The focus of the course differs each summer, with recent topics covering the effects of Alzheimer's disease and Long Term Care issues. Through simulations and group work, this course provides an excellent opportunity for true interdisciplinary collaboration. This course counts towards the requirements for the certificate in Health Law. (Angelari)
203 - Introduction to Anglo-American Jurisprudence (2). The United States is the heir of the Liberal Legal Tradition derived from England. In this class we will explore the origins of this tradition in the writings of Locke, Jefferson and the Federalists. We will also explore the questions raised by these readings. These include: What is the nature of law and of legal obligation? What is the relationship between law and morality? What are the limits of law and how can the present boundaries of law be challenged? We will also read several more contemporary thinkers such as H.L.A. Hart, Lon Fuller, Ronald Dworkin, and John Finnis, among others. Students will also have the opportunity to explore how these general theories about law might affect their individual approaches as a lawyer or judge in particular concrete cases. The goal of the course is that students will emerge with a better understanding of the principles that underlie the legal system in which they will soon practice. (Breen)
204 - Adoption Law Seminar (1). This is a seminar course which will give the student an overview and basic understanding of the fundamental legal principles of adoption. A different adoption topic will be covered every week, including the different types of adoption, for example, domestic, international, special needs, coparent adoptions. Social and financial aspects of adoption will be presented. Issues in reproductive technology will also be discussed including donor gametes (egg and sperm donation) and embryo donation. Students will write a paper on a topic provided by the instructor. (Bush-Joseph)
206 - Comparative Civil Liberties (1). The course will compare and contrast, from both a theoretical and doctrinal perspective, civil liberties in the United States and other countries/regional organizations, with special emphasis on the European Convention on Human Rights. Topics to be covered include freedom of speech, freedom of religion, and other substantive and procedural aspects of liberty and equality. The course will conclude with an examination of the potential impact of proposed global anti-terrorism policies and practices on civil liberties and civil rights. (Geraghty)
207 - The Law of Internet Speech (3). This course examines the application of First Amendment jurisprudence to the Internet, including such matters as hate speech, national security and obscenity. On-line defamation and ISP immunities under the Communications Decency Act are also explored, as is the doctrine of commercial speech. Privacy concerns (including common law claims), data mining and on-line profiling will also be explored, as well as some of the problems associated with technological devices such as cryptography. Some examination will be conducted of copyright law, particularly issues relating to trademark, domain names, and cybersquatting, but the primary focus of the course will be the First Amendment. No previous knowledge of the Internet is required. (Shoenberger)
208 - The World Trade Organization (1). The World Trade Organization is one of the most important, significant and powerful international organizations, setting the basic rules for international trade in goods and services in the global economy. This course is an introduction to the history, basic rules, and future of the WTO as well as the WTO's unique system of dispute resolution. (Waller)
209 - Law, Life, and Jesuit Spirituality (2). Drawing from the clinical legal experience of the student, this course will be a seminar which examines Jesuit documents and Sacred Scripture as objective criteria for class discussion. The goal of the course is to formulate and hone the skill of personal reflection and contemplation as the means of developing personal spirituality from a Jesuit perspective. Students will be expected to actively participate in classroom discussion, maintain a weekly journal, and present a summary paper at the end of the course. (Costello)
210 - Evidence (4). An evaluation of the rules used to present information to a fact finder in a trial. The three primary units are the rules of relevancy, the rules governing witnesses, and the rule against hearsay. In addition, time is spent on privileges, writings, and demonstrative evidence. The Federal Rules of Evidence provide the focus. (Carey, Elward, Howlett)
211 - Federal Jurisdiction (3). This course provides an in-depth analysis of the rules of federalism concerning the relationship of the federal court system to the other branches of government, and to the state court system. U.S. Supreme Court review and review in the Courts of Appeal are discussed. The power of Congress over the federal courts, jurisdiction of the courts, legislative courts, sovereign immunity, habeas corpus, civil rights actions, abstention, the federal common law, and federal injunctions against state court proceedings are also covered. (Bronsteen, Michael)
212 - Civil Rights, Conflicts and Context (2). This seminar will examine the significant cases, statutes and historical context involved in the pursuit of the promises of the Declaration of Independence and our Constitution, with an emphasis on equality issues. Requirements for students in the seminar will involve significant class participation, a presentation and a short paper. Constitutional Law I and II are pre-requisites. (Howlett)
214 - The Policies and Politics of U.S. Immigration Laws (2). This course focuses on the policies and the politics underpinning the U.S. immigration laws, rather than on immigration law itself. Each year the course would focus on a limited number of key issues in the current public debate on national immigration policy; such issues could include the impact of immigration policies on national politics and elections; the impact of immigration on the environment; how NAFTA has affected immigration from Mexico; employment-based aspects of immigration policy and the protection of U.S. jobs; U.S. refugee policies; and others. Local and national speakers will be invited to address these issues in a public forum at the law school; students in the course will discuss the issues in class before and after the speakers and will choose one of the topics for a research paper. (McCormick)
216 - International and Comparative Elder Law (1). This course explores issues in elder law from an international and comparative perspective. The course contrasts American and European law on a number of issues including guardianship, advance directives, long-term care, elder abuse, income maintenance, and property management. The course will also examine relevant international treaties such as the Hague Convention on the International Protection of Adults. (Angelari)
217 - International Law and Policy Refugees and Internally Displaced Peoples (1). The course focuses on the international laws and policies currently in place to provide asylum and support to those people forced out of their own country or those displaced within their own country by war or armed conflict. Non-Governmental Agencies [NGO] throughout the world, but particularly in the Balkans, provide casework studies of the effectiveness of refugee relief and protection. (Howlett)
218 - Topics in the Development of the Common Law: From Hastings to Brussels (1). This course is designed to introduce students to the early development of the common law and legal structures in England. It is a particularly timely survey for students who will study in Oxford later in the summer program. Topics will include the development of the legal profession, chancery and the jury system. Attention also will be given to the modern English legal professions, legal education, the court structure of England and Wales and the relationships between modern European Institutions and the legal institutions of England and Wales. (Faught)
219 - Biotechnology, Biopharmaceutical and Intellectual Property Rights (2). This course will systematically explore the central intellectual property issues raised by biotechnological and pharmaceutical developments. It will address patent, trade secret, trademark and contractual protection in both basic biomedical science and in more applied medical invention. The course will also examine the intersection of biotechnology, biopharmaceuticals and information technology in such fields as genomics and proteomics. It will conclude with an examination of significant topical issues, including the increasingly proprietary nature of university-based research; the interface of patent and antitrust; and biopharmaceutical access issues, both domestic and international. Either the Intellectual Property survey course or the Patent Law Seminar is a prerequisite. Although a background in the biological sciences is not required, students should be prepared to learn basic information about molecular biology.
220 - First Amendment Rights (3). This course examines the history, theory, and jurisprudence of the First Amendment, with particular emphasis on the speech, press and religion clauses. (Nowak, Raphael, Tsesis)
221 - Administrative Law (3). This course examines the rules by which federal administrative agencies operate, including the source of administrative authority and procedures governing the exercise of that authority, and considers problems of delegation, agency, rulemaking, adjudication and enforcement powers, judicial review of administrative action, and due process requirements. (Bloom, Geraghty, Shoenberger)
223 - Constitutional History (3). The principal materials include the records left by James Madison from the Constitutional Convention of 1787, the Lincoln-Douglas Debates, and/or records of constitutional controversies at various times in our history. The course examines such records primarily with the Constitution in mind to see how various provisions evolved. (Anastaplo)
224 - Art Law and the Collector (1). This course examines legal issues in the trade of art from the perspective of the private collector. It explores collecting from the transactional time frames of purchase, ownership, and disposition by sale, gift, or at death. It also considers international conventions and treaties, codes of ethics, local and federal laws concerning art ownership, and tax issues. (Rhodes)
229 - Securities Litigation Seminar (3). This seminar integrates advanced theoretical securities law concepts with sophisticated practical litigation skills training. The course covers controversial issues undergirding the antifraud provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, the Williams Act and the Private Securities Litigation Reform Act, including scienter, reliance, fraud on the market, truth on the market, causation and damages. In addition, the seminar exposes students to the theoretical and practical aspects of settlement, class recovery and attorney fees in the context of securities litigation. Throughout the course, students are required to participate through class presentations and clinical exercises. Prerequisite: Business Organizations. (Kaufman, Kopecky)
230 - Negotiable Instruments (3). The course examines the law of commercial paper (negotiable instruments payable in money) as codified in Articles 3 and 4 of the Uniform Commercial Code. The formal requisites of the various types of instruments are considered, as are the rights and liabilities of the several parties to such negotiable contracts. The concept and legal significance of holding in due course is treated in depth. Approximately one-third of the course concentrates on the mechanics of bank collection of checks and the related law as incorporated in Article 4 of the Code. (Breen, Tracy)
231 - Secured Transactions and Creditors' Rights (3). This course examines the law of consensual liens on personal property under Article 9 of the Uniform Commercial Code. It deals with the use of personal property, tangible and intangible, as collateral to secure payment or performance obligations. Course materials cover creation of the security interest, validity of the security interest as against the claims of third parties, priorities of claims between competing secured parties and other lien holders, and rights upon foreclosure. Emphasis is on risk aversion and problem solving. (Tracy, Williams)
232 - Comparative Perspectives on Patent Law, Policy and Health Care (2 or 3). This course will be a comparative exploration of how patent policies operate and intersect with policies for promoting health care and research. In particular, the fundamentals of national patent laws and international agreements will be discussed, as well as how they are applied to specific areas that directly or indirectly impact health care; for example, patents on pharmaceutical drugs, medical devices, methods of treating patients (including gene therapy) and bio-medical research tools all impact health care by effecting the incentive to develop these areas. Also, some topics will focus on the impact of patents on particular countries, such as the potential impact of enforcing patents on AIDS in S. Africa and whether patent laws can or should provide inventors a reward without comprising public health.
Because of the comparative nature of this course, students will be expected to learn patent laws of the U.S., as well as other nations. Moreover, international agreements, including the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), and international dispute resolutions will be covered to the extent that they relate to the above topics.
There are no pre-requisites for this course. In particular, no prior knowledge of international law, or patent law is expected or required. Similarly, no technical or scientific background is presumed.
Students will be graded based on student participation, as well as written and oral projects and presentations (i.e., no final exam). Extensive in-class student participation and group projects will be required; possible projects include drafting of (mock) client memos, oral arguments before ?courts?, drafting court or panel opinions, and conducting legislative hearings.
This class will meet once a week for two hours. The course is available for 2 or 3 credit hours. Students who wish to obtain 3 credits will be required to complete an additional assignment which will be explained in the course syllabus. (Ho)
233 - Bankruptcy Law (3). This course will provide a comprehensive survey of basic bankruptcy law. We will devote roughly equal time to consumer bankruptcy and business bankruptcy. Throughout the course, we will touch on the economic, political, and ethical issues underlying bankruptcy's competing goals: providing overextended consumer and business debtors with a fresh start and satisfying creditors' claims in an orderly, fair way. There are no prerequisites. Students' grades will be based on classroom participation and a take-home final exam. (Krivinskas-Shepard)
235 - Employment Discrimination (3). An in-depth study of the national policy opposing discrimination in employment and the ways in which this policy is addressed by federal and state law. While the focus is Title VII of the 1964 Civil Rights Act, numerous other sources of worker protection are examined, both substantively and procedurally. (Cooper, Luetkemeyer)
236 - Entertainment and Sports Law (3). This course will examine the case law, contemporary litigation and legal relationships involving: entertainers, artists, athletes, and media personalities. Instruction will include preparation of the documents underlying such relationships, and discussion of recent events related to the subject matter. Guest lecturers, such as practitioners, entertainers and other professionals in the field will participate as their schedules and availability permit. Projects and a term paper will be required, as opposed to a final examination. (Carr)
237 - International and Comparative Family Law (2). This course explores issues in family law from an international and comparative perspective. The course examines the legal relationship among children, families and the state, with special emphasis on the U.N. Convention of the Rights of the Child and other human rights documents that govern the role of government in family life. The course compares and contrasts American and European family law on a number of issues, including marriage, divorce, child custody, alternative families and adoption. The course will examine how international treaties such as the Hague Convention on the Recognition of Divorces and Legal Separations and the Hague Convention on Parental Child Abduction, and selected regional conventions including the European Convention on the Adoption of Children and the African Charter on Human and Peoples' Rights have shaped the development of domestic family law of individual nations.(Coupet)
238 - Comparative Law Seminar: Legal Systems in the Americas (3). This seminar introduces students to comparative law, focusing on the civil law tradition, derived from Roman law, in the context of Latin American legal systems, with particular attention to Chile. Students participate in a legal research tour of Chile over the spring break. During this week they meet with the law faculty and students at Universidad Alberto Hurtado, a Jesuit university in Santiago, as well as local lawyers, judges, and others for research on their individual topics. During the first part of the seminar, before the week in Chile, there are presentations and discussions of specific topics relating to Chile and Latin America in general. The second part of the seminar, after the return from Chile, is devoted to student presentations on the topics that they have researched in Chicago and Chile. Grades are based on program participation in Chicago and Chile, the class presentation, and the written research paper. Topics for the research paper are selected by the students, with the permission of the teachers. (Haney, Platt, Rhodes)
For more information on the Chile experience, click here.
238 - Comparative Law Seminar: India (3). This 3 hour seminar consists of a semester-long team-based research class and a required intensive field study and service component in India over spring break. The final work product in the course is a group research project.
The goals of the seminar are 1) to introduce students to the role of law and legal institutional in India, with special emphasis on legal issues affecting children, youth and families; 2) to prepare students for effective and ethical participation in an increasingly global and diverse legal profession; 3) to enhance students' legal skills in the areas of research, writing, collaborative learning and leadership; and 4) to contribute to the host country and its people through scholarship and service.
This unique international and comparative learning experience is designed to be student organized and led. Team leaders and class members, in consultation with and under the supervision of faculty, develop curriculum, lead class discussion, handle administrative details, organize the field study and service aspects of the course, develop group research proposals, plan and participate in in-country field research and service and produce papers of publishable quality.
Grades in the seminar will be based on active participation in all required components of the course and on the group grade assigned the final paper produced by research group partners.
Enrollment in the seminar is by instructor permission. (Geraghty)
238 - Comparative Law Seminar: Africa (3). This three credit international and comparative law seminar uses a collaborative immersion approach to learning about a particular country and its legal system, with particular emphasis on legal issues affecting children and families. The course includes a required field study component over spring break. During spring 2006, the country of focus is Tanzania. In keeping with Loyola's mission as a Jesuit Catholic law school, the seminar also incorporates a required service learning component. (Geraghty)
238 - Comparative Law Seminar: Thailand (3). This 3 hour seminar consists of a semester-long team-based research class and a required intensive field study and service component in Thailand over spring break. The final work product in the course is a group research paper of publishable quality.
The goals of the seminar are 1) to introduce students to the role of law and legal institutional in Thailand, 2) to prepare students for effective and ethical participation in an increasingly global and diverse legal profession; 3) to enhance students' legal skills in the areas of research, writing, collaborative learning and leadership; and 4) to contribute to the host country and its people through scholarship and service.
This unique international and comparative learning experience is designed to be student organized and led. Team leaders and class members, in consultation with and under the supervision of faculty, develop curriculum, lead class discussions, handle administrative details, organize the field study and service aspects of the course, develop group research proposals, plan and participate in in-country field research and service, and produce scholarly papers.
Grades in the seminar are based on active participation in all required components of the course and on the group grade assigned to the final paper produced by research group partners. (Geraghty)
239 - International Negotiation Skills. (1) This course will combine lecture and classroom negotiation exercises. The first half of each class will be in the lecture format and focus on the following topics: introduction to negotiation; approaches to negotiation; ethical rules in negotiation; skills necessary for negotiation; negotiating styles; verbal v. nonverbal communication; and how negotiation is conducted in Western Europe; Eastern Europe; Central and South American countries; and Asian countries. During the second half of each class, students will participate in negotiation exercises based on the lectures. (Ceko)
240 - Criminal Procedure: Investigation (3). This course provides a general overview of the criminal justice process, and focuses on the constitutional and other legal requirements that affect law enforcement practices and procedures. Specific topics may include confessions and interrogations, identification procedures, arrest, search and seizure, surveillance, police entrapment, and the right to counsel. (Carey, Norton, Raphael)
241 - Criminal Procedure: Adjudication (3). This course is designed to provide a detailed examination of the criminal judicial process, pre-trial to post-trial, and includes an examination of: prosecutorial discretion, right to bail, pre-trial motions, double jeopardy, plea bargaining, discovery, jury selection, various trial issues, appeals, and post-trial remedies. (Carey, Norton, Raphael)
244 - Cyberlaw: Introduction to Legal Issues Arising on the Internet (3). The emergence of the Internet and digital technologies that enhance human abilities to access, store, manipulate, and transmit information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. This survey course will introduce and explore specific problems in applying law to issues arising on the Internet. Topics expected to be covered include the bounds of jurisdiction, privacy, governance and regulation, online commercial transactions, content protection (through intellectual property, contract, and technological means), and cybercrime. There are no prerequisites. Grades for the course will be based on a take home exam and class participation. (Frischmann)
245 - Family Law (3). This course is a study of cases, statutes, and legal principles relevant to the formation, regulation and dissolution of the family unit, and to legal obligations which arise incident to the family relationship. The course considers: antenuptial agreements, marriage, annulment, divorce, division of property incident to divorce, maintenance, custody, visitation, child support, tax law, and ethical issues. (Anderson, Coupet, Locke)
250 - Estates (3). This course is a study of the basic legal devices available for transmission of wealth at death: intestate succession, the will, "non-probate" transfers, and trusts. (McCormack, Rhodes, Tracy)
251 - Real Estate (3). This course includes a study of listing agreements and the real estate broker's right to compensation, mortgages, conveyancing of property subject to mortgages, assumption of mortgage debt, redemption, foreclosure of mortgages, title assurance including title insurance and Torrens registration, condominiums and cooperatives, and Illinois land trusts. (McCormack)
253 - Real Estate Conveyance (3). A study of problems involved in real estate transactions, including preparation of contracts and closing documents. The course will also include matters related to mortgages and title clearances. The course may also include some coverage of condominiums, co-operatives and Illinois land trusts. (McCormack)
254 - Consumer Law (3). The course surveys consumer law from a transactional perspective, beginning with issues of deception, including false advertising, related to consumer purchases. There is extensive coverage of the law of consumer credit, including issues of discrimination, overpriced credit and deceptive credit practices. Consumer remedies and special issues of consumer fraud on the Internet complete course coverage. The course is recommended for students interested in public interest law and/or the credit industry. (Krivinskas-Shepard, Locke)
257 - Seminar on Property Ownership (2). This seminar examines how far the law will go (or how far the law can be pushed) to permit individuals unfettered control of their land and other assets, raising issues that are often characterized as pitting individual freedom against public necessity. We will approach these issues from a lawyer's point of view, as we work through a series of assignments from clients who want to maximize control over their property: e.g., (i) a religious group that wants to exclude everyone from its grounds; (ii) a corporate executive who wants to control the course of his amassed wealth through as many family generations as possible; (iii) a free-spending client who wants to insulate his remaining assets from the claims of his creditors; and (iv) a wealthy retired client who wants to avoid all taxation on her income (and later, her estate). As we determine what is legally possible, we will inevitably discuss what is socially desirable and professionally responsible. Each seminar participant will help report on an assignment like the examples above and write a short, reflective essay (approx. 10-20 pages) on a relevant topic concerning the limits of property ownership. There will be no final examination. The course should be of interest both to those who plan to represent wealthy clients and to those who are repelled by the thought. No prerequisites beyond Property I & II.
264 - Contract Negotiation (Comparative Law - China).
Whether you are going to hang out your own shingles, practice in a law firm or work as an in house counsel, you will need to deal with legal issues related to China. Your clients are either already in China or will soon be there. According to the most recent report of the U.S. Department of State, the United States is China's second-largest trading partner, and China is now the third-largest trading partner for the United States (after Canada and Mexico). In light of the increased presence of China in the U.S. economy, it is important for a U.S. lawyer to understand Chinese law and legal system to advise clients on the legal risks associated with doing business in or with China. This course is intended to provide an introduction of certain basic Chinese contract principles and issues related to negotiating cross border contracts involving China and the United States. We will compare and contrast the U.S. and Chinese contract law principles as part of our discussions and critically examine the two countries’ approaches in this global environment.264 - Contract Negotiation and Drafting: Information Technology (2). The purpose of this course is to provide exposure to contract negotiation and drafting to students with some experience in real estate or business law. The basic approach will be to prepare the documentation necessary to complete a business or real estate transaction from start (letter of intent and confidentiality agreement) to finish (closing documents and legal opinions) with emphasis on the drafting critical provisions of a corporate or real estate transaction agreement. During the course of the semester, we will work through the purpose and drafting of various documents. As corporate and real estate attorneys generally do, we will begin with "form" documents (borrowed from prior transactions) and will revise these documents to reflect the particular facts and circumstances surrounding our transaction. The course will include drafting exercises and some negotiation (role playing). In addition, we will have some guest speakers (client types). By the end of the semester, students should have a basic understanding of the structure of a business transaction and the documents drafted by attorneys to reflect and support the transaction. Students will be comfortable with the purpose of recitals, representations and warranties, covenants, conditions precedent, closing logistics and post closing obligations, including indemnification issues. (Dunck, Sabol)
265 - Comparative Corporate Law (2). This course deals with the differing approaches between common law countries (U.S. and England) and civil law countries (particularly Spain, Germany, Mexico) in the organization of business organizations such as corporations, limited liability companies, or "GmbH". The focus of the course will be on the areas of formation, liability and fiduciary duty. (Murdock)
269 - Introduction to Islamic Law (2). Islamic law is a religious legal system of divine origin that, according to Islamic beliefs, influences a number of features of the law, including its development, rules of interpretation and the rule of law in Islamic society. This course will introduce students to various aspects of Islamic law, including: a brief introduction to the history of the Islamic legal system; an outline of the origins of Islamic law; and fundamental concepts of the law. Topics include substantive areas of Islamic law such as human rights, international law, criminal law and contract law. At the end of the course, students should have a greater understanding of Islamic law, enabling them to appreciate the differences between various legal systems as well as to apply this knowledge in the practice of matters relating to Islamic law.
270 - Business Organizations (4). This course gives brief treatment to agency and covers partnership as an alternative to the corporate form. Principal emphasis is on the law as it applies to the organization and functioning of corporations. The course focuses on structure and mechanics, capitalization, distributions, organic changes, and duties and liabilities of directors, officers, and controlling shareholders. The federal securities acts are introduced with particular attention to Rule 10b-5. Substantial attention is given to the special problems of the close corporation. (Kaufman, Murdock, Ramirez, Rosenberg, Singer)
273 - Licensing Intellectual Property Law (2). In this class, students will explore the various contract terms that should be considered for inclusion in license agreements relating to intellectual property rights. The following intellectual property rights will be treated: patents; trade secrets; trademarks; and copyrights. The course will emphasize the various considerations undertaken in drafting such agreements with a focus on actually drafting relevant contract terms. After completing this course, students will be familiar with license agreements and the common terms included in those agreements and will be able to identify special concerns for each of the intellectual property rights discussed. The course will utilize business and legal cases, textbook and handouts. There is no final exam; grades will be based on assignments, final project and class participation.
274 - International Arbitration (2). In most international contracts, the parties agree that all disputes will be resolved by arbitration. This private dispute mechanism provides a number of advantages over litigation. One of the most important advantages is that by agreeing to arbitrate, a party avoids ending up in the other party's court system. In this course, students will learn how international commercial arbitration works. They will learn about the various laws and rules governing international arbitration, as well as specific, practical knowledge about arbitrating, such as how to draft an arbitration clause, how to choose an arbitral institution, how to select arbitrators, the ethical rules that apply to arbitrators, the bases for challenging arbitrators, the conduct of the arbitral hearing, rules governing admission of evidence, availability of interim measures, the grounds for vacating an award, and the means of enforcing an award. Because the course will be taught in England, students will learn not only about U.S. and international laws, rules and arbitral institutions, but also about the English Arbitration Act, the London Court of International Arbitration (LCIA) and the LCIA rules governing arbitration. We will try to arrange a field trip to visit the London Court of International Arbitration. (Moses)
277 - Patent Law Litigation Seminar (2). This is an advanced Patent seminar that will incorporate and apply concepts introduced in the Intellectual Property survey course. The focus of this seminar is to provide students with a simulated "real-world" experience that will assist them in their subsequent practice of law. Students will be divided into plaintiffs and defendants, and the seminar will walk them through the various aspects of patent litigation from preparing the initial notice letter to arguing claim construction in a Markman hearing. In addition, students will be assigned complementary reading that helps to highlight the substantive material covered. Students will be required to draft litigation-based documents, such as complaints, answers and interrogatories. In addition, students will be required to draft a brief for a Markman hearing. Grading will be based upon these activities, as well as class participation; there will be no final exam.
Prerequisite: Students must have taken either (1) Intellectual Property (survey course); or (2) Advanced Patent Law Seminar. Please note that taking a concurrent Intellectual Property class will not satisfy the pre-requisite.
278 - Science in the Law (3). This course explores the integration of science into legal decisionmaking and aims to assist law students in becoming sufficiently acquainted with the scientific inquiry that is increasingly of use in all aspects of legal practice. This course will provide law students with a basic understanding of the scientific method and quantitative tools that are used in the development of public policy and litigation and will address issues of admissibility of scientific evidence in the courtroom. The course will examine, for example, how scientific inquiry differs from legal inquiry, how empirical studies are designed and conducted, and the legal relevance of statistical proof. The course will focus in particular on the use of social and behavioral sciences in the law with possible topics including insanity and diminished capacity, battered woman syndrome, children's memory and testimony, and affirmative action. There are no prerequisites for the course and prior statistical knowledge is not assumed. (Coupet)
279 - First Amendment Seminar (3). The principal cases related to the First Amendment, particularly its speech and press provisions, will be discussed. Relevant to this inquiry will be the Anastaplo treatise, The Constitutionalist, which was published in 1971 and which is now being republished. (Anastaplo)
280 - Federal Income Tax (3). This course introduces and analyzes the basic concepts underlying the law of federal income taxation. Topics include gross income, identification of the taxpayer, deductions, timing of income, characterization and recognition. These concepts are developed through the study of the Internal Revenue Code, Treasury Regulations and case law. This required course must be taken by the end of full-time students' second year or during the second or third year of part-time students. Students may then pursue the core tax curriculum which, in addition to Federal Income Tax, includes Corporate and Partnership Tax, Advanced Corporate Tax, and others. (Duhl, Kwall, Rhodes)
281 - Corporate and Partnership Tax (3). This course is intended to follow Federal Income Tax. It focuses on the income tax consequences associated with the three principal business forms: the corporation, the partnership, and the limited liability company. The tax issues confronted at the start-up, operating and winding-down phases are examined for each business form. Prerequisite: Federal Income Tax (mandatory); Corporations is recommended. (Kwall)
282 - Accounting for Lawyers (3). This course is intended to provide an understanding of basic accounting principles and their practical application in connection with the practice of law. There are no prerequisites and no requirement of a business background. Topics covered include fundamental principles of accounting for business enterprises; how to analyze and understand an income statement, balance sheet, and statement of cash flow; basic concepts of revenue recognition; conventions for capitalization versus expenses; and how to recognize possible manipulation of financial and accounting statements. Recent high profile accounting scandals such as Enron and WorldCom will also be explored.
283 - Life, Death, and the Constitution (3). This seminar will include discussions of litigation bearing on issues of marriage, abortion, end-of-life decisions, and eugenics. (Anastaplo)
284 - Class Actions Seminar (2). When many people are each harmed a small amount, no individual can sue because hiring a lawyer costs more than the lawsuit would yield. The class action empowers individuals to deter such infliction of dispersed harm. It is now used in many contexts and has become perhaps the most important and controversial mechanism for pursuing large-scale public reform via litigation. Class lawsuits raise thorny questions: they decide conclusively the rights of class members who never know of the case, they often combine plaintiffs from different jurisdictions who have been harmed differently, and they enable plaintiffs' lawyers to collude with defendants to craft settlements that benefit the lawyers at the expense of the class members. This seminar will address these and other issues, exploring how best to preserve the social benefits of class litigation while mitigating its social costs. (Bronsteen)
287 - Separation of Powers Seminar (2). From Marbury to Schiavo to the advice and consent power of the Senate, the genius of the American Constitution has been attacked, defended, relied on, strengthened or weakened by each generation. This seminar will consider the history and struggles, legal and political, that define the issues of the American division of power. Constitutional Law 1 and 2 required. Grading will be a combination of participation, presentation and paper. (Howlett)
288 - International and Comparative Employment Law (2). This seminar will begin with a brief baseline description of some of the most significant features of United States labor and employment law. Comparative materials will then cover the basic employment laws of Canada and Mexico. We will then look at the regional regime established in the NAFTA labor side accords. Next we will move to Europe to study the employment laws of the United Kingdom, Germany and France, followed by the regional employment laws generated by the European Union. Following that, we will look at the employment laws of Japan, China and India. The final focus of the seminar will be on International labor law, particularly the International Labor Organization. (Zimmer)
289 - Advanced Legal Research: Special Topics (1). This course is intended for those students interested in sharpening their legal research skills. Each semester this course will focus on research in a specific area of law, which will be announced beforehand. The number and subject of the research projects will be determined by the instructor, as will the option of requiring a midterm exam. (Doyle)
290 - Advanced Legal Research (1). Intended for those interested in sharpening their legal research skills. In addition to reviewing basic legal research, the course covers federal and Illinois legislative history, administrative research, looseleaf services, litigation materials and other research sources, using both traditional materials and computerized resources when appropriate. The student is expected to complete a series of weekly library exercises, and one or more extended research projects or writing assignments. The number and subject of the research projects will be determined by the instructor, as will the option of requiring a midterm exam. (Barnhart, Grant, LeBaron, Scott, Yelin)
293 - Advanced Writing for Civil Litigation (2). Learning litigation skills task-by-task can leave the young practitioner at sea with respect to the overall strategy necessary to be effective in the development and presentation of a 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, to submit certain written work during the course of the term and to undergo a final examination. Evaluation of each student's performance will be based on in-class exercises, written work during the course of the term and the final examination. (Gilbert, Herbert)
294 - International Human Rights (3). This course examines the civil, political and economic rights secured to individuals and groups by international law. It examines the major sources of those rights, including United Nations, American and European treaties and documents, and develops the substantive content of those rights. Particular attention is given to how these rights are enforced, from judicial settlement in domestic courts to international military intervention. All of the materials are drawn from recent and current actual experience. No prerequisite. (Raphael, Shoenberger)
296 - Legal Writing Tutors (2). Legal Writing tutors work with students in the first-year writing program. They attend all classes of their Legal Writing section, hold regular office hours, and help students develop their research and writing skills. (Perlin)
