200 Level Courses
- 200 - Emerging Issues in Public International Law (1)
Over the past several decades, largely within the context of international organizations, the global legal community has faced complications posed by the threat of terrorism and the reemergence of genocide. As a result of these developments, there has been a reexamination of the traditional role of the sovereign state as the constitutive element of public international law. Consequently, there is an emerging trend to regard, at least by some, the need to augment the role of the sovereign state with that of the international organization to respond to these new global challenges. A principle illustration of this is the concept of the "responsibility to protect". Readings will be taken from primary sources (especially documents of international organizations) as well as contemporary secondary sources, principally scholarly articles. Students will be required to purchase a short book that introduces the major topics of public international law. NOTE: This course is available as a 5th credit (ungraded) and only to Loyola University Chicago students because it continues as a research practicum in Chicago after the program. Non-Loyola students are welcome to sit in on the lectures.
- 201 - Academic Tutors (2)
Academic tutors assist first-year students with their doctrinal courses. This assistance includes holding office hours, reviewing outlines, and conducting skills workshops. Tutors are selected through an interview process.
Academic Tutors receive two hours of ungraded credit for each semester in which they tutor.
Instructor approval (Brendel/Perlin) required.
- 204 - Adoption Law Seminar (1)
This course counts as a Skills Course.
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)
- 207 - Internet Speech Seminar (2)
This course counts as a Perspective Elective Skills Course.
The course will explore First Amendment jurisprudence as applied to Internet communications as well as the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography. Other topics covered include on-line defamation, including immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications, privacy interests, data mining, on-line profiling, as well as regulatory and statutory approaches to privacy protections. Some attention will be paid to copyright and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. This course will be a 2 hour course with an examination. Students interested in writing a paper may do so for an additional hour of credit. (Shoenberger)
- 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.
- 212- Civil Rights (2)
The course will focus on the post-Civil War constitutional amendments (13th, 14th and 15th Amendments) and the various federal civil rights statutes that have been enacted thereafter in both the 19th and 20th centuries. These laws as a whole are designed to guarantee that all Americans receive equal treatment under law.
- 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.
- 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.
- 226 - Negotiating and Drafting a Retail Lease (2)
This course counts as Experiential Learning and a Skills Course.
This course will examine the basics of retail leasing by studying a sample lease. Students will learn both the Landlord's and Tenant's perspective of a lease by negotiating and drafting lease provisions for both parties. Each week the students will participate in a mock negotiation of the provisions studied the previous week. The only text for this course will be a sample lease which will be provided by instructor. (Kelly)
- 228 - Sexual Harassment Law (2)
This course focuses on the development of legal theory, precedent, and governmental regulation of sexual harassment in the workplace, educational institutions, and public accommodations. Students will learn about the continuing evolution of sexual harassment law regarding male-on-male harassment, unionized workplaces, intersectionality of race and gender, and vicarious liability. Skills used by attorneys who practice in this area will be discussed, including litigation, alternative dispute resolution, policy development, investigation, and training. Additionally, the class will take a critical look at conceptions and misconceptions regarding this legal issue in other arenas such as culture and politics.
- 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 (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)
- 233 - Bankruptcy
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)
This course will provide a comprehensive survey of basic bankruptcy law. There are no prerequisites. Students' grades will be based on a take-home final exam.(Rosenberg)
- 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.
- 236 - Entertainment and Sports Law (3)
This seminar will introduce students to the real world(s) of sports and entertainment law, examining the separate and distinct bodies of law and practices of both, while giving due to the many commonalities between the two fields, from intellectual property to professional contracts. As legal issues in both sports and entertainment law frequently appear in the headlines, this course will address up-to-the minute issues, while covering the seminal topics and cases within each, both in litigation and transaction. Guest lecturers may participate, as their schedules permit. As there will be efforts made to accommodate guests relevant to this course, the syllabus will be in flux. Further, attendance and class participation are required, making up a significant portion of the grade along with a take-home final examination. Reading assignments can be significant on a weekly basis relevant to the upcoming week's topic. (Epstein, Saper)
- 238 - Comparative Law Seminar: Chile (3)
This seminar introduces students to comparative law, through exploration of legal systems in Chile. During the first part of the seminar, students will explore Chile's civil law traditions and history. Students will also select individual paper topics, with approval from the faculty. Over spring break, students will travel to Santiago, Chile, to learn more about Chilean legal systems and pursue research on their individual paper topics. During this week, students meet with the law faculty and students at Universidad Alberto Hurtado, a Jesuit university in Santiago, as well as with local lawyers, judges, and others for their specific topics. The second part of the seminar is devoted to student presentations on their paper topics, and on the research they have conducted in Chicago and Chile. Grades are based on program participation in Chicago and Chile, the class presentation, and the written research paper. (Boyer, Haney,Rhodes)
- 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. (Norton, Raphael)
- 241 - Criminal Procedure: Adjudication (3)
This course counts as a Bar Course.
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. (Norton, Raphael)
- 244 - Cyberlaw (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. (Das)
- 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)
- 246 - Advanced Mediation Advocacy Practicum: EEOC Mediation Advocacy Project (3)
This course counts as an Experiential Learning and Skills Course.
Students will represent pro se clients in cases referred to the Mediation Program of the Equal Employment Opportunity Commission (EEOC). Working in pairs and under supervision of the instructor, students will interview and counsel the pro se clients, prepare the cases for mediation, and advocate for their clients in the mediation conference. Class time will be devoted to discussion of assigned readings, pending cases, written mediation memoranda and simulations to assure students acquire the skills needed to be effective advocates
The course is open to students who have completed at least three semesters of law school, are Rule 711-eligible (min. 51.0 credit hours), and have taken at least one interest-based, problem-solving class: Mediation Advocacy, Negotiation Workshop, Negotiation Seminar, Mediation Seminar, Alternative Dispute Resolution, Collaborative Law, or Child and Family Law Mediation. Experience competing on the INADR Mediation Team or ABA Negotiation Team also meets the prerequisite requirement. (Simon)
- 249 - Human Trafficking in the U.S.: Special Issues Concerning Children (2)
This interdisciplinary seminar will explore issues confronting children who are survivors of human trafficking within the United States, as well as an examination of efforts to prevent and intervene in this social problem. The seminar will begin with an overview of contemporary laws and policies addressing human trafficking, explore various frameworks (gender, criminal justice, public health) around movements to combat child trafficking, analyze current research in the field, and explore case management, services, and techniques utilized by service providers. Assignments will include in-class exercises and a final project addressing ways to advance the movement to combat child in the United States.
- 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.
- 252 - Personal Injury Law and Advocacy (2)
This course counts as a Skills Course.
This course will include an overview of Personal Injury law and include the intake of a new case to its final resolution. The course will include not only the law and rules but the implementation of them. Students will participate, in a meaningful way, in various in court exercises and will be challenged to understand and persuasively present their client’s case. Advocacy will discussed in detail and students should be expected to be pushed beyond their previous level of skill and comfort and learn to become “trial lawyers” rather than simply personal injury lawyers. Students will learn what it is like to “mix it up a bit” in the adversarial forum of trial work.
- 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)
- 256 - Comparative Issues in Law and Religion (2)
This course will examine the way the three Abrahamic Faiths (Islam, Judaism and Christianity) consider legal and policy issues. For instance we will look at the three faiths regarding various issues surrounding human rights and life and death issues such as: justified uses of war and violence; conscientious objection; end of life issues; capital punishment; criminal responsibility for causing death; positive duties to the poor and needy; and how the common good is described by the three religions. How do the three faiths envision translating their perspectives on the issues into civil law, and what are the proper limits on enacting religious perspectives into positive law?
- 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 contract negotiation and drafting experience to students in a "real life" setting. The students will be placed in teams and will all receive the same background facts and precedent "form" documents in order to negotiate and draft an executable agreement relating to software development, license, implementation and support and maintenance that reflects each team's negotiations. Prior experience in information technology or business is NOT required. During the course of the semester, we will work through the purpose and drafting of various provisions in the agreement. By the end of the semester, students should have a basic understanding of the structure of a business transaction in general and an IT agreement in particular. Students will be comfortable with the purpose of recitals, representations and warranties, covenants, including limitation of liability and indemnification issues. (Ross)
- 264 - Contract Negotiation and Drafting (2)
The purpose of this course is to provide exposure to contract drafting and negotiation to students with an interest in transactional law. During the course of the semester we will examine the purpose and process of drafting documents. We will also spend time discussing the business side of transactional law and how best to work with and counsel clients. In some instances, we will start with form documents borrowed from prior transactions (precedent) and we will revise these documents to reflect the particular facts and circumstances surrounding our transaction. In other instances we will work through drafting a document from scratch. Finally, we will spend time reviewing and revising existing documents and discussing the logistics of working through a variety of business transactions. The course will include numerous drafting exercises and some negotiation. By the end of the semester, students should have a basic understanding of how and why contracts are drafted and negotiated. In addition, each student should be able to draft a precise and practical document for a basic business transaction. (Dunck)
- 269 - Introduction to Islamic Law (2)
The course will begin by examining the origins of Islamic Law and its sources. Following the introduction, the course will shift to explore several substantives area of Islamic Law, such as constitutional law, family law, criminal law, and Islamic finance. These areas will be examined through a study of various cases in in the legal system of contemporary, Muslim-majority states, especially in the Middle East and Southeast Asia. The course will also explore the intersection of Islamic Law and human rights in contemporary Muslim-majority states. At the end of this course, students have to write a twenty page paper on a particular issue of Islamic Law for successful completion of the course. (Hendrianto)
- 270 - Business Organizations (4)
This course counts as a Bar Course.
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)
- 274 - International Arbitration (1)
This is a one credit course taught sometimes in one of the summer programs. In this course, students will learn how international commercial arbitration works. 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. An arbitration award is also more easily enforced in a foreign jurisdiction than a court judgment, because of an international treaty known as the New York Convention. Students 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. (Moses)
- 277 - Patent Law Litigation (2)
This course counts as a Skills Course.
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.
- 277 - Patent Law Litigation (2) - Shah, Benchell
This is an advanced patent seminar course that uses a simulated litigation format to develop further the basic concepts introduced in the survey IP class. The goal is to provide students with “real world” patent litigation experience and precedent. Students are divided into plaintiffs and defendants and will participate in various aspects of an actual patent dispute including discovery, claim construction (Markman) and summary judgment. Through this process both practical and substantive aspects of patent litigation practice are covered.
Prerequisite: Intellectual Property or Patent Law Seminar except with permission from instructor or Director of Intellectual Property Program: Prof. Ho
- 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, and timing of income, characterization and recognition. These concepts are developed through the study of the Internal Revenue Code, Treasury Regulations and case law. Students who might be interested in pursuing the Tax Certificate MUST take this course in the Fall of their 2nd year. (Brunson, 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 (2)
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 - Constitutional Law Seminar I (3)
This seminar examines the constitution and heritage of the English-speaking peoples with a view to understanding the Constitution of the United States. A series of short papers is required. There are no prerequisites. (Anastaplo)
- 286 - Constitutional Law Seminar II (3)
This seminar examines further the constitutional heritage of the English-speaking people with a view to understanding the the Constitution of the United States. A series of short papers is required. There are no prerequisites.(Anastaplo)
- 288 - International and Comparative Employment Law (2)
This course counts as a Perspective Elective Course.
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 - Administrative Law (1)
This course counts as a Skills Course.
This course gives students an understanding of where administrative authority originates in the United States and how to find it in its various forms, including: constitutions, enabling statutes, agency regulations and policy, agency and court decisions, and executive orders. Attention is given to legislative history, statutes, and case law as necessary components of researching administrative law. Students will explore specific federal and state sources of administrative law; learn about the rulemaking process; research regulations, agency cases, and other administrative law using a variety of print and online sources. Students in the course are not at any disadvantage if they have not yet taken Administrative Law (Law 221).
- 289 - Advanced Legal Research: Special Topics: Intellectual Property Legal Research (1)
This course counts as a Skills Course.
The Advanced Legal Research–Special Topics course on intellectual property is a one credit course exploring how to research patent, trademark, copyright, trade secret, right of publicity, and other areas of intellectual property law. The course covers the following resources and topics, with an emphasis on intellectual property: treatises and other secondary sources, statutes, legislative history, case law, digests, regulations, agency publications, state law, international law, efficient and effective online searching, and research strategy.
- 289 - Advanced Legal Research: Foreign and International Legal Research
This course counts as a Skills Course.
This course is designed to meet the growing demand for research competency in the fields of foreign, comparative, and international law (FCIL). Students in the class will be introduced to research techniques and resources specific to these fields that will be useful in practice and academic settings. Print and electronic resources will both be discussed, but emphasis will be placed on resources in electronic format. Resources on the WWW and at Loyola will be highlighted, although students will have an opportunity to explore the international and foreign holdings of another local law library. Weekly research exercises and a final project will allow students to apply specific FCIL sources.
- 290 - Advanced Legal Research (1)
This course counts as a Skills Course.
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. (Grant, LeBaron, Scott, Yelin)
- 291 - Communications Law (3)
This course surveys the field of electronic communications, from the telephone to broadcast media to the Internet. Historically, the field of communications has been divided between the traditional mass media (broadcasting, cable, satellite broadcasting) and telecommunications media (wireline and wireless telephone carriers). Today, the two general divisions are converging. One of the vehicles of that convergence is the Internet, which is capable of providing both mass media and individual communications services. This course will examine legal issues affecting all of these media. Much of the course material necessarily covers the history and theory of communications regulation as practically applied through FCC rulemakings.
- 292 - Law and Technology (3)
This survey course presents students with the range of legal issues arising from the intersection of technology and the law. The course is highly interactive and will explore topics such the implications of internet ubiquity and jurisdictional analysis, First Amendment/free speech, electronic discovery, digital copyrights, trademarks and domain names, cyber crime, electronic privacy, e-commerce, and Internet governance. There are no prerequisites for this course. Grades for the course will be based on a mock Rule 16 conference, and in-class exam and class participation.
- 293 - Advanced Writing for Legal Practice: Civil Litigation (2)
This course focuses on writing assignments that traditionally arise in the course of civil litigation. It is designed to develop and enhance the art of precise and focused writing. With a fact pattern drawn from an actual case, students will draft and answer pleadings, discovery and dispositive motions. The course will also address client communications, settlement and litigation alternatives. Class time will be a mixture of lecture, class discussion, exercises and guest speakers. (Gilbert, Legner, Mason)
- 293 - Advanced Writing for Legal Practice: Civil Litigation (1)
This specialized writing course will focus on the writing and drafting skills that nearly all attorneys require, particularly those entering the world of litigation. Students will learn how to draft and answer complaints, interrogatories, requests to produce, Motions to Dismiss, Motions for Summary Judgment, and other frequently utilized motions. This class is intended to give students a greater understanding of the practical and theoretical import of drafting pleadings and written discovery, including the eventual effect these documents have at trial. Students take what they learn in theory and immediately put it into practice, learning from actual complaints, answers, motions, and written discovery. The emphasis will be on Illinois Civil Procedure rules. 40% of the grade in this course is based on class participation. 60% is based on a written assignments. (Caldwell)
Text: Course packet prepared by Professor Caldwell.
- 293 - Advanced Writing for Legal Practice: Criminal Law Litigation (2)
This course takes students through the progression of a federal criminal case from indictment to sentencing, and gives students an understanding of what kind of written advocacy is common at each stage of the case. Students will be given practical guidance for writing persuasively at each of those stages. With fact patterns drawn from actual federal criminal cases, students will hone their skills by writing various motions and a sentencing memorandum, from the side of either the prosecution or the defense. Students will present oral argument on one of the written assignments. Students will also observe a federal court proceeding relevant to the topics covered in class.
- 293 - Advanced Writing for Legal Practice: Employment Discrimination Litigation (2)
The course is designed to expose the student to the arc of an employment case – from demand letter through summary judgment ruling, from both the plaintiff and defense perspective. Students will have the opportunity to draft a variety of documents typical in an employment case, alternating between documents submitted by the plaintiff and those submitted by the defense.
In addition to providing students with experience drafting practical documents, the course will focus on the procedural mechanics and strategies of litigating an employment case, as well as on substantive employment law topics.
- 293 - Advanced Writing for Legal Practice: Illinois Civil and Criminal Litigation (2)
This course focuses on the development of skills necessary for particular writing assignments that arise in the course of a civil lawsuit or a criminal prosecution. While writing well in litigation is important in itself, it also contributes to a litigator’s skill as an oral advocate. Moreover, practice in oral advocacy contributes to a litigator’s effectiveness as a writer. For this reason, this course will require the student to participate in oral advocacy exercises as well as undertake specific writing assignments.
The course is designed the student with a strong sense of the overall strategy necessary to be effective in the development and presentation of a case. It will cover a wide range of skills, including the drafting of complaints, the preparation and presentation of motions, opening statements and closing arguments, the careful researching of local rules, the drafting of memoranda, the development of techniques for examining witnesses, the use of discovery tools and the application of a structured approach to settlement negotiations. In addition to the writing associated with these skills, the course will focus on the aspects of these skills that support an overall litigation strategy. (Herbert)
- 293 - Advanced Writing for Legal Practice: Public Interest Law (2)
This course will give students a practical introduction to the type of work that legal aid attorneys perform by following the progression of a case from intake through a dispositive motion. Students will be asked to draft pleadings, discovery and motions to gain an understanding of what kind of advocacy is common at each stage of the litigation. Students will also participate in a mock hearing on their final motion.
- 293 - Advanced Writing for Legal Practice: Responsible E-Mail and Letter Drafting
This course will address advanced legal writing issues that extend beyond drafting legal briefs and memoranda to prepare the student for common legal writing assignments involving correspondence and e-mail.
Specifically, this course will address professional e-mail etiquette, the analytical e-mail in comparison to the formal legal memorandum, productive communications with opposing counsel (including maintaining civility and professional decorum), and preserving client interests in dealing with non-parties.
- 293 - Advanced Writing for Legal Practice: SEC Enforcement Actions and Criminal Prosecutions of White-Collar Crime (2)
This course will focus on the legal and practical issues arising from SEC Enforcement actions and the resulting litigation, with a focus on advanced legal writing. Subject areas will include: the role of the SEC in enforcing compliance with the federal securities laws; investigative tools and techniques; common types of securities fraud investigations; remedies available to the SEC; the preparation for and filing of an SEC Enforcement case in federal district court; current issues and cases relating to SEC Enforcement; and parallel Department of Justice criminal prosecutions of white collar crime. Basic familiarity with the securities laws is presumed. Students will be required, among other things, to conduct an insider trading investigation, draft an Action Memorandum seeking Commission authority to file an action in federal court, draft a complaint and other pleadings, conduct a deposition, make a presentation to the class, discuss reading assignments in class, and actively participate in class discussions.
- 294 - International Human Rights (2)
This course examines the civil, political, economic and other rights secured to individuals and groups by international law. It examines the major source of those rights, including the United Nations and regional organizations, and it discusses the substantive content of those rights. Particular attention is given to how those rights are enforced, from judicial decisions in national and international tribunals through other mechanisms developed in various international and regional settings, including the role of NGOs. No prerequisite. (Haney, Shoenberger)
- 296 - Legal Writing Tutors (2)
This course counts as a Non-Graded Course.
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).
- 298 - Contracts in Complex Commercial Transactions (2)
This course counts as a Experiential Learning Course.
This course provides students with an introduction to contract concepts and terminology and exposes them to legal drafting techniques that will be useful in the private practice of law. Contract drafting requires more than knowing the legal boundaries within which parties operate. Lawyers also need advanced writing skills and an in-depth understanding of the building blocks of contracts and the functions of contract types and clauses. Attorneys must also pay attention to incentives, risks, and other strategic aspects of the underlying deal. This course will introduce students to selected documents used in various business deals and emphasize contract drafting through exercises that reflect the adversarial drafting of commercial contracts.
- 299 - Critical Legal Studies Seminar (3)
Critical Legal Studies posits that the influence of the social construct of race in America is ubiquitous, including in law. Moreover, it suggests that so-called color blind law-making is unlikely to address the most important means by which race continues to operate to oppress many persons in America. Finally, it teaches that racial reform occurs only in accordance with the interests of those with political and economic power. This course will survey the key scholarly works that form the basis for these precepts and seek to test these positions against the reality of race in America today.