Course Descriptions
300 - Law and Policy of Intervention: Occupation and Nation Building (1). This course will explore the issues raised by the military or humanitarian engagement of the United States in the affairs of other nations by invitation or invasion. The legalities and wisdom of either will be our focus as we examine the situations in the Balkans and Iraq. (Howlett)
301 - Introduction to Trademark and Copyright Law (2). This introductory course covers basic principles of trademark and copyright law, and may include related topics such as federal unfair competition and false advertising. There are no prerequisites, and no technical or other specialized background is required. The course is not open to students who have taken Intellectual Property. (Rubin)
302 - International Trade Finance (2). This course covers legal issues related to various methods of financing international trade. Primary focus is on the international commercial letter of credit, which is the most common payment mechanism in international transactions. In addition, standby letters of credit and their various uses are examined, as well as international rules and conventions, and domestic law governing letters of credit. Students learn to apply the Uniform Custom and Practices for Documentary Credits (UCP 500) as well as Revised Article 5 of the Uniform Commercial Code. In addition, they study the Convention on International Guarantees and Standby Letters of Credit, as well as the newly issued International Standby Practices. In addition to studying letters of credit, students learn about the legal problems associated with other financing mechanisms such as forfaiting, factoring, banker's acceptances, countertrade and barter. Students are also introduced to syndicated credit facilities, the use of credit insurance in international transactions, and the legal issues which arise in project financing. Students can take this course without any prerequisites. (Moses)
303 - Competition Law in the Global Economy (3). This course examines the fields of international antitrust and international trade law. It examines how the United States regulates competition among firms which do business abroad, including both how individuals and firms located outside the United States compete with United States firms within the United States and abroad, as well as the rules governing United States firms. The complexity of today's international economy poses a variety of complex problems which can no longer be addressed solely from the perspective of one country's laws. The course will also examine the future of national, regional, and true international antitrust rules and whether we are headed toward a system in which the World Trade Organization and other international organizations will play an important role in the regulation of international competition. A prerequisite for the course is one of the following courses: Antitrust or International Business Transactions or International Trade, or by permission of instructor. (Waller)
304 - Elder Law Part I: Health and Safety Issues (2, 3). This seminar is designed to introduce students to the legal issues facing the elderly in the areas of health and safety. Topics will include: healthcare funding, healthcare decision making, long-term care, end of life decisions, elder abuse and neglect (both institutional and non-institutional), and guardianship. This seminar meets once per week for two hours. Students may take this seminar for 2 or 3 credits. Grades for students taking this seminar for 2 credits will be based on class participation, and a research paper. Grades for students taking this seminar for 3 credits will be based on class participation, a research paper, and a community service project. Community service projects will be tailored to each student’s interests. Examples of community service projects include providing direct assistance to individual senior citizens, conducting a presentation at a senior center or nursing home, or researching a legal issue to support a legislative reform effort. In some instances, community service projects can be conducted on weekends and/or in the evenings. Elder Law Part II: Financial Security and Housing Issues, will be offered in the Spring. Students have the option of taking one or both parts of this course. Parts I and II of this course can be taken in any order. (Angelari)
305 - Elder Law Part II: Financial Security and Housing Issues (2, 3).
Open to: J.D., LL.M., M.J., S.J.D., and D.Law students
Prerequisites: none - can take Elder Law I or II in any order
This seminar is designed to introduce students to the legal issues facing the elderly in the areas of financial security and housing. Topics will include: income maintenance, retirement planning, property management, estate planning, consumer fraud, financial exploitation, housing, and guardianship. This seminar meets once per week for two hours. Students may take this seminar for 2 or 3 credits. Grades for students taking this seminar for 2 credits will be based on class participation, and a research paper. Grades for students taking this seminar for 3 credits will be based on class participation, a research paper, and a community service project. Community service projects will be tailored to each student?s interests. Examples of community service projects include providing direct assistance to individual senior citizens, conducting a presentation at a senior center or nursing home, or researching a legal issue to support a legislative reform effort. In some instances, community service projects can be conducted on weekends and/or in the evenings. Elder Law Part I: Health and Safety Issue, will be offered in the Spring. Students have the option of taking one or both parts of this course. Parts I and II of this course can be taken in any order. (Angelari)
307 - Elder Law (2-3). This seminar introduces students to the wide range of legal issues facing the elderly: elder abuse (both institutional and non-institutional), guardianship, healthcare, long-term care, housing, age discrimination, property management, consumer fraud/financial exploitation of the elderly, end of life decisions, and grandparent custody/visitation. (Angelari)
308 - Death Penalty Seminar (2). This small group course uses class discussion, student presentation, and guest lectures to consider current issues in the implementation of the death penalty including racial discrimination in its implementation; assistance of counsel; jury instructions in death cases; ineffective and habeas corpus charges. (Carey)
311 - Advanced Evidence (2). This course offers an in-depth study of three important areas in the presentation of evidence at trial: character (e.g., habit, routine and prior bad acts, as well as traditional character traits), hearsay, and expert testimony. Although not a "techniques" course, students will be called upon to participate actively in the class discussions and simulation. There will be no final exam. Students will prepare a written paper on a topic assigned or approved by the teacher. Grading will be based on class participation and the written paper. (Elward, Howlett)
312 - Street Law (3). Second- and third-year students teach about law and the legal system in Chicago area high schools. Students attend a weekly seminar and teach in the high schools three times a week. In the spring semester students are often involved in preparing high school students for the city mock trial competition; prior or current enrollment in Trial Practice is advisable, but not required. (Bird)
313 - Illinois Litigation (3). This is an advanced civil practice course with emphasis upon the Illinois Code of Civil Procedure, Articles I and II, and consideration of case materials construing the code. Also considered are selected provisions from Articles IV and VI of the 1970 Illinois Constitution and Illinois Supreme Court Rules and cases and other relevant materials. The course emphasizes contemporary problems with respect to venue; pleadings, parties and motions; voluntary and involuntary dismissals; judgments; class actions; jury practice; post trial motions; and an overview of discovery, all in the ordinary Illinois civil litigation milieu. (Cushing, Donnelly, Tailor)
314 - Advanced Issues in Domestic Relations Law (1). This seminar concentrates on an examination of issues in complex domestic relations cases, with special emphasis on providing specialized knowledge in the areas of marital tax planning, tax issues affecting children and the valuation of pensions and small family businesses. (DuCanto)
315 - Immigration Law (2). This course includes an examination of the following: historical perspective; execution of the laws; the 1952 Act and its amendments, including the 1986 amendments; a review of the immigration system including judicial review and the naturalization and citizenship process; rights, privileges and obligations of aliens in the U.S.; ethics of legal practice in this area; the future of immigration law and policy. (McCormick, Vinikoor)
318 - Transnational Litigation (3). American lawyers increasingly litigate cases with international components: products liability cases in which the product has been manufactured abroad; contract disputes in which one of the contracting parties is a foreign national or breach of the contract has occurred abroad; disputes over foreign investments; and so on. This course surveys the special problems that must be addressed whenever litigation in U.S. courts involves parties, property, evidence, or events outside our national borders. Topics include: federal and state jurisdiction over transnational disputes; forum selection; service of process; collection of evidence; and enforcement of judgments. Throughout the course, we also ask how litigation problems can be avoided by better planning at the "front end" of transactions. The course should be of special interest to students who anticipate careers in trial practice or corporate law, as well of students of international law who wish to see how that law operates in the trenches. Previous coursework in international law is not required.
319 - Jurisprudence I (3). The Bible is the principle text to be studied. An attempt is made to identify the moral standards, political presuppositions, and legal aspects of the systems evident in the Bible. The student's faith, or lack of faith, should be irrelevant for this course. A series of short papers is required. Note: Jurisprudence I is not a prerequisite for Jurisprudence II, which uses the plays of Shakespeare instead of the Bible. (Anastaplo)
320 - Jurisprudence II (3). The principal materials for Jurisprudence II are Shakespeare's plays. Shakespeare has long been recognized for his grasp of legal matters. The course may be taken by students who have taken Jurisprudence I, although that course is not a prerequisite for it. (Anastaplo)
325 - Conflict of Laws (3). This course deals with the legal ramifications of disputes involving contracts with two or more states or other jurisdictions. When such disputes reach the courts, what law should be applied and how should the determination be made? The course explores these questions and the various methods courts and scholars have proposed and adopted to answer them. The contrasting points of view regarding choice of law, jurisdiction and recognition of foreign judgments are analyzed in terms of which policies best promote harmony and efficiency in the federal system and accord with the federal constitutional requirements of due process of law and full faith and credit to the judgments of sister states. (Locke)
327 - Legal History. (3) This course emphasizes neither the imparting of ?practical? information nor legal analysi The goal is to make the students conscious of their heritage as lawyers by considering the evolutionary process which gave rise to the American legal system. The course is focused on the institutions which arose to adapt the law to developing society and on the evolution of legal doctrine by those institutions.
330 - Remedies (3). This course examines what courts have the power to do once a litigant shows he or she has been or is about to be wronged. The three principal topics are "damages" which includes the rules for measuring money awards; "equity" which includes court orders to do or not to do something (injunctions), to amend writings (reformation), to enforce bargains (specific performance), or to undo them (rescission); and "restitution" which includes remedies intended to prevent unjust enrichment. Emphasis given to each topic may vary, and in some years the course may focus primarily on one of the topics. (Henry, Lehrer, Rose).
331 - Telecommunications Law (2). In this class on Federal and Illinois telecommunications law, students explore recent changes to the Federal Communications Act of 1934 (in the form of the Telecommunications Act of 1996) and the Illinois Public Utilities Act. These changes have stimulated enormous increases in telecommunications litigation and a significant outpouring of federal and Illinois administrative and court decisions interpreting these laws. The course of study requires students to write a 10-to-15 page paper on a topic of their choosing (but with approval of the instructor) and complete shorter written exercises addressing telecommunications issues. (Janus, Panek)
333 - Law and Economics (2). This course focuses on the application of economic principles to legal analysis. The course provides an introduction to basic economic principles and math concepts. (Langenfeld, Ramirez)
335 - Labor Law (3).
This course examines the development of the law under the National Labor Relations Act. This statute and its decisional law are the primary means of governmental regulation of the union management relationship in the private sector. The organizational process and the collective bargaining process are the fundamental arenas in which to study the rights and duties of three separate entities: the individual, the union, and the employer.
Topics that may be covered include: (1) procedures and principles governing both the selection and decertification of unions; (2) the free speech, access and other rights of management and unions during an organizational campaign; (3) the duty to bargain in good faith; (4) the laws respecting strikes, lockouts, boycotts, and other concerted action by employees; (5) the duty of fair representation; (6) compulsory dues and other payment to unions; (7) the enforcement of collective bargaining agreements in grievance-arbitration and/or court action; and (8) the procedural and substantive law governing "unfair labor practices," by both employers and unions. (Cooper, Luetkemeyer)
337 - Employment Law (3). The law governing the employment relationship is not limited to the union management confrontation of traditional labor law and the proscriptions of employment discrimination statutes. Both common law claims and other statutes have become major sources in challenging, e.g., drug testing, plant closings, lie detectors, whistleblowers, wrongful discharge. This course explores those legal problems. This is not a duplication of either Labor Law or Employment Discrimination; neither is a pre-requisite. The course focuses on the total configuration of statutes regulating employment as well as the emerging common law principles affecting employment relationships. (Connelly, Cooper, Luetkemeyer)
339 - Terrorism: Security vs. Liberty (2, 3). This seminar will explore the tensions between embracing the safest of societies and retaining the freest of societies. The historical experience of other peoples will be considered and compared with their ideals of freedom and civil rights, e.g., Israel and the United Kingdom. The American experience of the Civil War and the "Red Scares" of the 1920's and 50's will be examined for their lessons - legal and societal. We will examine the experience of the United States during World War II regarding enemy aliens and those citizens, natural and naturalized, who were of "enemy" descent. We will consider the concepts of freedom in selected non-western societies and consider the lack of a common "freedom vocabulary."
The materials for the course will be taken from the current scholarship and debates at the international, national and local level. While basic materials will be used from the beginning of the semester, some materials will be introduced as we progress. It is expected that many of the student presentations will have their own materials for the seminar's consideration.
Presentations will be made by individual or partnered students. Topics will be assigned by the professor upon consideration of suggestions from the students; in the absence of suggestion the topic will come from the professor. There are no specific forms for the presentation; any thing from power point to mock argument will be considered. The grade will depend upon thoughtfulness, thoroughness and effectiveness. The presentations must engage the class and stimulate discussion.
There will be no final exam. Grading will depend upon class participation throughout the entire fourteen week course and the presentations made during the last half of the semester. The seminar will benefit most from the active thinking and participation of those who have at least basic grounding in criminal procedure and constitutional law. Only those consistently willing to engage in spirited thinking and discussion should register.
An additional credit hour will be available for students electing to write a paper upon a related topic approved by the professor. This paper is in addition to all other requirements for the course and must be at least 30 pages in length, exclusive of footnotes. The election for the third credit hour must be made at time of registration. (Howlett)
340 - Patent Law Seminar (2). This course is designed to expose students to legal issues concerning patents. The substantive law governing patents, including how they are obtained and enforced, is addressed. The format of the class includes lecture/discussions, as well as problem-solving and practical/clinical exercises. No technical background is required (although students should be aware that some patent cases may involve technical subject matter). Prerequisites: Intellectual Property is a pre-requisite OR permission of the instructor. (Ho)
341 - Introduction to Patent Law (2). This course covers the basic principles of patents and trade secrets, including the requirements for patenting an invention and how patent rights are enforced. There are no prerequisites, and no technical or other specialized background is required. The course is not open to students who have taken Intellectual Property.
341 - Intellectual Property and the Internet: Seminar (2, 3). Intellectual property is at the center of many important and current disputes concerning use of the internet. The media headlines frequently trumpet new developments, or the status of pending law suits in this area. Recently, for example, the Napster and MP3 law suits have received a great deal of attention in addition to what have become more "routine" problems in this area - domain name disputes, including domain name "highjacking," liability for hypertext linking and vicarious liability of on-line service providers for copyright infringement. This course provides an opportunity to explore such cases, as well as other cutting edge issues in this area. Extensive in class student participation and group projects are required, including drafting of (mock) client memos, oral arguments before "courts", as well as ADR options, drafting court or panel opinions, and conducting legislative/policy discussions. The classroom activities selected for each topic are designed to illustrate how IP and the internet are dealt with from different perspectives, including the roles of private attorneys, the judicial system, special interest groups, as well as international policy. (Ho)
342 - International Criminal Law Seminar (2).
The "globalization" of crime has contributed to three accelerating developments which, taken together, are called international criminal law. First, criminal laws in nation-states have expanded to include an increasing number of transnational aspects of domestic law. Second, international treaties have imposed increasing obligations on nations in defining their domestic criminal laws and procedures. Finally, in the last sixty years international criminal law has taken an identity beyond national courts. Ad hoc international criminal tribunals have been created, first in Nuremberg and Tokyo at the end of the Second World War, and more recently in the former Yugoslavia and Rwanda. The most important development in this third aspect of international criminal law was the July 1, 2002 ratification of the Rome Statute for an International Criminal Court. The Rome Statute created for the first time a permanent international criminal court.
This two-credit seminar will explore these three aspects of international criminal law. Half of the grade for the seminar will be based on an examination covering assigned readings. The other half of the grade will be based on independent research on assigned topics and upon participation in the seminar. Enrollment is limited to 20 students. (Norton, Raphael)
342 - Criminal Procedure Seminar (2). This seminar is designed to allow advanced and detailed consideration of areas of criminal procedure. Each participant leads a classroom discussion in which his/her selected topic is discussed. The student also is asked to write a substantial research paper of publishable quality. Criminal Procedure: Adjudication or Criminal Procedure: Investigation is a prerequisite. (Norton, Raphael)
343 - Topics in Corporate Finance Law - The Legal Basics of Derivative Transactions (3). This course offers an introduction to and an overview of corporate finance law in general and the regulation of the international derivative markets in particular. Derivatives have become an integral part of international financial markets and are used by corporations to hedge financial risks. The course reviews the nature of derivative instruments and their common uses. The course focuses in depth upon their regulation, current litigation in the area, and their tax treatment. The course also offers an introduction to the standard legal documentation used in the area. Prerequisites for the course are Federal Income Tax and Business Organizations.
345 - Local Government (3). This is an introductory course relating to local governments, including cities, villages, towns, townships, counties, special districts, and special authorities. Consideration is given to the creation and modification of local governments; sources of and limits to the legal powers of local governments, including home rule and other grants of power; procedures in the exercise of local governmental powers; liabilities of municipalities and their officers and agents; and programs designed to alleviate urban problems. In addition to a final examination, each student may be required to prepare a paper on a selected topic and make at least one classroom presentation. (Norton)
346 - State and Local Taxation (2). State and Local tax revenues exceeded half a Trillion dollars in 2000; this is more than twice the amount of revenue that the U.S. Government collected in both corporate income tax and estate and gift tax. This course introduces the constitutional and statutory framework of state and local taxation in the United States. Beginning with an examination of the current constitutional issues involved in the taxation of multistate taxpayers, the course will explore the legal issues that arise from the various methods of dividing corporate income among the states. The principles surrounding sales and use taxes will also be examined in detail. As time permits, this course will also explore the other principal types of taxes imposed by states and localities: franchise taxes, value added taxes, real property taxes, personal income taxes, and death taxes. (Cesaretti)
348 - Law and Poverty (3). This course concerns those areas of civil law which most affect low income persons: landlord/tenant, federal housing, welfare, social security, Medicaid, Medicare, unemployment compensation, and civil rights. Other systemic issues will be explored, such as wealth discrimination, use of legal remedies to promote social change, and the delivery of legal services to low income persons. (Ramirez, Rose)
349 - Environmental Law (3). An introductory course aimed at introducing the major federal environmental statutes and the types of analytical and practical problems encountered in the practice of environmental law and in environmental litigation. The course is devoted to reading and discussion of statutes, cases, articles, and problems in the various environmental media: air, water, and land disposal. Some technical science and engineering concepts are included. Administrative Law is highly recommended as a prerequisite. (Shoenberger, Stern)
350 - Land Use (2). This course provides a study of the limitations imposed upon the use of privately owned land by the law of nuisance, by private co-tenants and easements, and by public action. The course examines the planning process, subdivision regulations and zoning. (Furda, Hanley, Stern)
351 - Advanced Copyright Law (3). This course will focus on advanced copyright law principles and will deal with the interactions and tensions between copyright law, technology, and globalization. In particular, this course will be a study of cases and problems engendered by the information economy. In addition to analyzing the Copyright Act and copyright case law, we will consider the historical, technological, political, and legal contexts within which copyright law applies and evolves.
The course will be an exam class, and has as a prerequisite the completion of the Intellectual Property Law survey course. (Frischmann)
352 - Real Estate Seminar: Land Use and Zoning (2). The seminar will focus on recent Illinois zoning and other land use cases. Land use and zoning is the most important substantive law area applicable to real estate development. Each student will select a reported case concerning subject property in the Chicago area. The student will visit the site, perhaps taking photographs or videos. To the extent possible, the parties and their counsel will be interviewed. No library research should be necessary. However, all students will read the court's opinion, and the student reporting on the case will also read the briefs of the parties. Each student will be given one full class period to make an oral report to the seminar, beginning at the sixth week of classes. All members of the seminar will be required to attend these reports. After reporting and discussing the case with the seminar, each student will write a paper about the case not to exceed 15 double spaced pages (12 point type). After the case assignments have been finalized, I will give a number of lectures about basic land use and zoning. Students who have completed or who are concurrently enrolled in Land Use will not be required to attend these lectures. The students not thereby excused from attendance will also be required to read assignments in Wright, Land Use in a Nutshell (West, 4th ed., 2000). Enrollment is limited to 14, and the consent of the instructor to enroll is required. (McCormack)
353 - European Union Law I (2). This course introduces students to the legal environment of the EU including the structure and legal methodology of the European Community/Union. Tensions between the national legal systems and the (superior) EC legal order are explored. The course will include an introduction to the substantive law of the EU, including Competition (Antitrust) Law and a brief survey of Electronic Commerce, Personal Data Protection and Privacy Law. (Haney, Michael, Moses, Shoenberger, Waller)
358 - Jurisprudence: The Catholic Social Tradition (2). This course offers students exposure to theories of law and justice which incorporate the Christian conception of human dignity and its central place in the social order. The materials consist primarily of the encyclicals and Council documents generated over the last one hundred years addressing issues of social concern, beginning with Rerum Novarum (1891) and continuing through the important developments of the Second Vatican Council. The course ends with a look at some of the encyclicals of John Paul II and several pastoral letters issued by the American bishops on topics such as economic, justice, and war and peace. The historical resonance of the topics covered should attract students from a variety of religious backgrounds. The seminar format offers students an opportunity to discuss and examine the arguments and theories raised in the documents and to compare them with the theories traditionally used to defend and critique the American legal system. Each student must write either a series of reflection papers or a research paper on a topic in the covered materials. (Breen)
359 - Law and Theology (2). This course introduces students to recent studies by legal scholars that attempt to spell out connections between theology and law. These are foundational essays from which several different theological understandings of law can be developed: a theological understanding of the unity of all law, a theological jurisprudence, or, simply, a theology of law. Since such systematizations are not yet in place, we examine the more notable efforts to date with a view to grading them for their cogency. Pari passu with discussion of these studies, there are lectures on the biblical, theological and historical themes needed for filling out their subject matter.
360 - Products Liability (3). This course analyzes the various theories comprising the field of products liability. In addition, such topics as the concept of defectiveness, design problems, duty to warn, and the effect of the plaintiff's conduct upon recovery are considered in relation to the remedies available under products liability. (Appel, Locke)
361 - Insurance Law (3). This course offers a basic study of the legal aspects of insurance. Problems common to all types of insurance are considered, including problems of policy interpretation, rights and liabilities of parties and companies, and the regulation of the insurance industry. In addition, special problems raised by particular types of insurance policies are considered. (Sampen)
365 - Technology Transactions for Business Lawyers (2). The impact of technology on our economy has been profound. Whether it is the use of information technology to improve a firm's management capabilities or its sales or services offerings, or the commercialization of new technologies, such as the development of advanced semiconductors or biotech, business' involvement with and dependence on technology continues to grow at an unprecedented rate.
Attorneys who represent technology companies must be proficient in the legal and business issues related to such technology. Consequently, this course is geared for the future transactional practitioner who is interested in developing an understanding of the most pertinent areas of technology-based transactions.
Underlying all technology transactions is intellectual property, which, depending on the particular transaction, needs to be protected, developed, bought or sold. As such, this course will begin with a brief overview of intellectual property to establish a basis for our review of technology transactions, but we will focus mostly on transactions related to and stemming from intellectual property. We will then address legal perspective on the corporate procurement, development and management of new technologies. We will delve into issues related to general commercial transactions involving intellectual property, such as joint ventures and development agreements, and examine more specialized issues related to technology, such as general e-commerce, data rights (both U.S. and International) and security.
There are no prerequisites for this two (2) credit course. The course will have a significant applied element, which will include drafting and negotiating technology agreements, as well as topical classroom presentations. Furthermore, while previous intellectual property licensing courses or experience may provide a basis for this course, such licensing represents only a portion of the topics that will be covered and discussed.
There is no final exam. Instead, grades will be determined based on the applied projects, presentations and classroom participation. While the course will include recommended texts, the primary resources expectedly will be available through a medium central to class discussions the Internet.
369 - European Union Law II. This course provides an overview of the substantive legal rules intended to make the European Union into an internal market, of importance to American businesses and lawyers alike. The course covers the Treaty of Rome provisions and associated legislation on free trade within the European Union, the free movement of persons, anti-competitive business practices and the abuse of market power. The principle doctrines and the judgments of the European Court of Justice are analyzed, within the contextual framework covered in European Union Law I.
370 - Securities Regulation (3). The first half of the course treats the 1933 Securities Act in depth. The 1933 Act deals with an initial distribution of securities to the public, the process of registration, exemptions from registration, and the liabilities involved. The question of what is a security also is treated. The second half deals with the multifaceted 1934 Securities Exchange Act. The substantive areas include the operation of the exchanges and the over-the-counter market, broker/dealer duties and liabilities, proxy and tender offer processes and liabilities, short swing profits, and Rule 10b-5. (Kaufman, Murdock)
371 - International Business Transactions (3). An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Haney, Moses)
372 - International Law and Practice (3). This course introduces the structure of the international legal system, examining the sources of international law, the role of international organizations, methods of dispute resolution and the international limits on national power. The course examines topics of substantive law, typically including the use of force and international human rights. Finally, the course examines how international law affects, and can be used in, domestic practice. (Haney, Moses)
373 - Banking Law (3). Banks have traditionally occupied a unique role in the operation of the financial system. This role has been magnified by the consolidation that has occurred in the financial services industry and the internationalization of the economy.
The course has three objectives. First, it will examine and analyze the current bank regulatory system. Consideration will be given to the function and regulation of depository institutions as well as that of various classes of affiliated entities such as those involved in the issuance of securities, insurance and merchant banking.
Second, the course will examine the mechanics of key bank operations including, syndicated lending, underwriting and the securitization of debt securities.
Finally, the course will consider various international banking issues pertaining to the operation of foreign banks in this country and the offshore operations of United States banks.
375 - Antitrust (3). This course treats in depth many aspects of the Sherman and Clayton Acts. Emphasis is placed on an understanding of the policies and objectives underlying the antitrust laws and the extent to which enforcement of the antitrust laws has fulfilled those objectives. Areas examined include monopolies, price fixing, division of markets, exclusive dealing arrangements, boycotts, resale price maintenance, and mergers. Recent trends in sports and health care industry antitrust cases may be discussed. The impact of economic analysis in the antitrust area is also examined. (Sennett, Waller)
377 - Intellectual Property (3). The course is an introduction to the law of intellectual property. This course is a pre-requisite for advanced courses in IP, but also a good survey of the area for students interested in pursing other legal careers. The focus of the course is on understanding the distinctions and similarities between the various aspects of intellectual property law. The predominate focus on the course is on trademark, patent and copyright law (in about equal proportions), with some attention also devoted to the law of trade secrets. No technical background is expected or required. (Donoghue, Frischmann, Ho)
378 - Financial Institutions (3). This course introduces the legal and regulatory framework of the banking system in the U.S. The course begins with a review of the historical development of American banking and then moves to a discussion of various issues that have arisen as a result of this distinctive history, including the definition of the banking business, the rationales for bank regulation, geographic restrictions, liability issues, and limitations on bank activities. The course also examines the growth of the modern "financial services" industry and the legal, political, and public policy issues surrounding the most recent attempts to reform this industry in the context of a general overhaul of the banking system.
380 - Estate and Gift Tax (3). The course examines the basic components of the federal transfer tax system estate tax, gift tax and generation skipping tax, as well as their interrelationship. The course emphasizes the current structure of the federal transfer tax system and includes suggestions for revision. Students who intend to take Estate Planning must complete this course. Federal Income Tax is a prerequisite. (Rhodes)
382 - International Tax (3). This course focuses on U.S. income tax issues with respect to the foreign activities of U.S. taxpayers and U.S. activities of foreign taxpayers. Particular emphasis is placed on the corporate taxpayer. Foreign tax systems are not addressed specifically except to highlight differences from the U.S. system. Specific topics include the foreign tax credit, sourcing rules, the "effectively connected" doctrine, the concept of trade or business in the U.S. Code section 482 allocations, subpart F income, and tax treaties.
384 - Tax Procedures and Litigation (2). This course concentrates on the procedural aspects of practice before the Internal Revenue Service at the levels of examination and appeals and before the United States Tax Court. The student studies the subjects by receiving training in traditional tax research and training on Lexis and Westlaw, preparing a ruling request, writing a protest and preparing the necessary documents for trial in the Tax Court. A Tax Court simulation is required. To guarantee continued and sustained interest, the course has a short final examination. The course grade is based on the student's performance on the several written assignments, the simulation, and the final examination. Federal Income Tax is a prerequisite. (Bedore)
385 - Nonprofit Organizations (3). This course introduces students to the fundamental corporate, tax, charitable trust and business principles associated with not-for-profit organizations. Activities conducted through not-for-profit organizations constitute one of the largest sectors of the economy. Indeed, many of the activities comprising the social fabric of our culture, education, health care, religion, charities are conducted through not-for-profit organizations. While sharing some features with their for-profit brethren, not-for-profits face unique business and legal issues. We examine these issues in a variety of contexts, focusing on the theoretical and the practical aspects of these organizations. (Singer)
386 - Advanced Corporate Tax (3). This course follows Corporate and Partnership Tax. The principal focus is on taxable and nontaxable acquisitions of a corporate business. The first part of the course focuses on taxable asset sales and stock sales; the second part explores and analyzes the detailed statutory and common law requirements with respect to "non-taxable" acquisitive reorganizations (mergers, stock/asset acquisitions), "nontaxable" divisive reorganizations (spinoffs, split-offs, split-ups) and other nontaxable corporate adjustments (recapitalizations, reincorporations). (Kwall)
390 - Taxation of Financial Instruments and Transactions (3). This course offers an introduction to and an overview of the taxation of transactions involving financial instruments such as stocks, bonds, and derivatives. This overview includes not only how the income from the instruments are taxed, but also the taxation of a sale or exchange of the financial instrument. The class first focuses on the purpose, nature and mechanics of the particular financial instrument. The class then discusses how the financial instrument is taxed. An exam is given at the end of the semester. The prerequisite for the course is current (or prior) enrollment in Corporate Tax I or instructor permission.
399 - Supreme Court History Seminar (2). Topics focus on the question of what the role of the Supreme Court should be as a branch of the government under the Constitution and how that role was filled in particular phases of history. (Anastaplo)
