400 Level Courses
400 and 401 - Corboy Fellows, I and II
These courses count as a Skills Course. Corboy I counts as a Non-Graded Course.
Corboy Fellows receive a maximum of 10 hours' academic credit, 6 of which, as a maximum, are graded credit, and 4 of which, maximum, are ungraded. The ungraded credit option is called Corboy I; the graded option, Corboy II. Corboy participation takes the place of Trial Practice I and Trial Practice II, so a Corboy Fellow can earn either 3, 6 or no hours' graded credit depending upon whether she had trial practice before being selected as a Fellow. The ungraded credit option under Corboy I is two hours' credit each semester; Corboy II is 3 hours each semester. (A typical sequence, for a student who is selected while he is a 1L, is: Corboy II in fall and spring of second year; Corboy I in fall and spring third year). (Carey)
402 - Entertainment Law and Counseling Seminar (2)
This seminar will introduce students to the real world of entertainment law and counseling, examining a variety of legal and practical problems encountered in representing talent in the entertainment and sports industries. Issues to be covered include deal making, talent agreements, media relations, network and syndication television agreements, endorsements, and book/author publishing agreements. Students will be expected to participate actively in this "hands on" seminar. Some of the classes may be held at Mr. Jacobs' office, within 2 blocks of the law school. Participation in this innovative seminar will be by instructor permission only. The seminar is open to 3L and 4L students, with a class limit of only 10; the survey course in Intellectual Property is a prerequisite. (Carr, Jacobs)
403 - Business Entity Formation (Kent) (3)
Business Entity Formation provides an opportunity for students to form various types of business entities including partnerships, limited liability companies and corporations. Students apply the legal doctrine learned in Business Organizations and other courses to a series of progressively more sophisticated simulation exercises and prepare the documents necessary to create and organize the entities. Students utilize information gathering, planning, counseling and negotiating skills in the development of the documents.
*Full time or part time Loyola students, who have completed their first year of legal studies, may enroll in one or more of a select group of 10 classes taught at Kent. These classes will not be curved and will be graded by name. Although these classes will be taught at Kent by Kent professors, you can enroll in them through LOCUS, as you would any other Loyola class. If you have questions about the courses offered and their prerequisites, please contact Assistant Dean, Stephen Sowle at ssowle@kentlaw.edu.
404 - Client Counseling Seminar (1)
This course counts as an Experiential Learning and Skills Course.
This course will be conducted in an intensive workshop format over the course of one weekend where students will role play as client and attorney. Students will learn the basic elements of client counseling techniques and put them into practice. Grades will be based on class participation. (Gaspardo, Mosshamer, dispute resolution faculty)
405 - Seminar on Wealth and Transfer Taxes, with a Focus on the Federal Estate Tax (2)
This seminar is a policy oriented examination of wealth and transfer taxes with a focus on the federal estate tax. The history and general features of the federal estate tax will be examined. The views of prominent philosophers and business leaders, such as John Locke and Andrew Carnegie, on the transmission of property at death will be examined. We will then examine the federal estate tax enacted in 1916. We will consider the justifications for its enactment and arguments for and against its retention. The subsequent history of the tax will be surveyed to see if the tax accomplished the objectives of its proponents. We will look at the recent campaign to gain public support for repeal of the tax. This campaign resulted in one of the more unusual pieces of federal legislation ever enacted, the temporary estate tax repeal of 2001, part of the Economic Growth and Tax Relief Reconciliation Act of 2001. We will examine the reasons for the form the temporary repeal took. Each participant will present a paper on a specific topic to the seminar. Participants will be given a maximum of fifty minutes for discussion of the participant's paper with the other participants. Some examples of potential topics include: 1.) Should consumption taxes replace all transfer taxes? 2.) In an ideal (and therefore nonexistent) world could all income taxes be abolished and be replaced by a confiscatory estate tax? 3.) Should an accessions tax replace transfer taxes? 4.) Lessons about organizing support to repeal a tax law from the recent estate tax repeal. 5.) The proper role of advertising and public relations specialists in influencing tax policy. 6.) The usefulness or uselessness of economics in deciding whether transfer taxes should be repealed. 7.) The prospects for making the temporary repeal of the estate tax permanent. 8.) Should the estate tax be reformed but retained? The participant's topic will be chosen jointly by the participant and Professor McCormack. The final paper will be due no later than May 20, 2005. Papers should be no longer than twenty pages, double spaced. Regular attendance is mandatory. The grade will be based 50% on the presentation and 50% on the final paper. No prerequisite is necessary but a general understanding of federal income tax and the federal gift and estate tax could be useful. Limit 18 participants. (McCormack)
407 - Intellectual Property Litigation Seminar (2)
This seminar will address litigation topics specific to the intellectual property context, primarily based on experiences of the instructors in actual cases. These will include such topics as litigating motions for emergency injunctive relief for alleged infringement of intellectual property rights; litigating internet domain name disputes; attorney-client privilege and work product doctrine considerations in the intellectual property context; use of and discovery relating to consulting and testifying experts in various kinds of intellectual property cases; litigating the admissibility of survey evidence in trademark cases; and similar litigation issues. In addressing these litigation topics, the course will touch on a variety of intellectual property areas, i.e., patents, trademarks, copyrights, and trade secrets and the reading materials will likewise cover these areas. In additiion, the course will provide students with a variety of litigation perspectives as it will be "team taught" by a series of intellectual property litigators from the firm of Jenner and Block. In addition to traditional class-room discussion, planned activities for this course include hands-on student participation in such activities as mock oral arguments, as well as drafting of litigation materials. Grading will be based on these activities; there will be no final exam.<BR><BR>Prerequisite: A previous intellectual property class is a prerequisite to this seminar. Any one of the following will qualify: (1) Intellectual Property (survey course); (2) Introduction to Patents course; (3) Introduction to Trademarks and Copyrights course; or (4) Intellectual Property and the Internet Seminar. Please note that taking a concurrent Intellectual Property class will not satisfy the pre-requisite.
408 - State Prosecution Function Seminar (2)
The public prosecutor's professional challenges, ethical obligations and power distinguish the prosecution function from the work of other lawyers. Typically, attorneys are charged to zealously represent their clients' interests within the bounds of law; the prosecutor is charged instead to serve the best interests of justice. Most litigators are challenged to meet the specific demands of the caseloads presented to them by their clients; the public prosecutor is a minister of justice who has great power to affect the criminal justice caseload, establishing priorities through screening, investigations, diversion, plea bargaining and other procedures. No other attorney or judge has greater responsibility to ensure due process in criminal cases and investigations. This seminar will provide students with a comprehensive, strategic overview of the prosecution function in the state criminal justice system. Students will research, write and present papers on aspects of the prosecution function. They will make oral presentations on their topics before their written papers are due. Students will be encouraged to write and present as teams. Criminal Law and one of the Criminal Procedure courses are prerequisites; Evidence and Professional Responsibility are helpful background but are not necessary. (Nora)
This course is a JD Required Course.
This course focuses on persuasive written and oral communication skills which are necessary for critical analysis and the competent representation of all clients. Students will explore all sides of an argument, provide evaluations of the merits of particular cases, and persuade the reader/listener of the student's position. Pre-requisites: successful completion of Legal Writing I and II. (Brendel, Perlin and the Advocacy faculty)
411* and 416 - Trial Practice I (3)
This course counts as an Experiential Learning and a Skills Course.
This course offers the opportunity to develop the skills necessary to conduct a trial, including opening statements, direct and cross examinations of witnesses, and closing arguments. One section is offered each semester (course 411). In addition, an intensive eight day course is offered during the summer and between semesters in January (course 416). Each course is taught by a team of lawyers and judges with a student/faculty ratio of 8 to 1. The groups rotate among the teachers, and each student is given the opportunity to perform the exercises. At the end of both the intensive and the semester long courses each student conducts a complete trial at the Daley Center. Since the intensive course in January is a spring semester course, it cannot be taken by students intending to graduate at that time. Prerequisite: Evidence. (Carey and the trial practice faculty)
* When this course is offered in January, it is enrollment by instructor's permission only.
This course counts as an Experiential Learning and a Skills Course.
This course provides additional opportunity to develop witness examination skills, skills in opening and closing statements, and skills in the development of case theory. Students are assigned in teams of four to each side of a case, and they try four or five cases over the semester. The student teams rotate each week among the teaching faculty. Enrollment is permitted first for those students who received the grade of "A" in Trial Practice I. Enrollment of students who received less than an "A" depends upon space availability, although typically the course has accommodated all those who have sought enrollment. (Carey and the trial practice faculty)
413 - Current Issues in Criminal Justice (2)
During this seminar we will analyze and discuss how the criminal justice system is attempting to deal with today’s challenges. Topics that might be covered include measures to deal with the gang problem in Chicago; life sentences for juveniles; methods for addressing claims of actual innocence; and the pros and cons of the plea bargaining process. The course materials will include assigned articles and lectures by guest speakers involved in the issues being reviewed. Grades will be based on a paper relating to one of the topics and participation in the seminar. (Devine)
414 - Professional Responsibility (3)
This course is a JD Required Course and counts as a Bar Course.
This course, required of all students in their last year of school, focuses on ethical questions in the practice of law, and examines the basic premises underlying the lawyer-client relationship and the duties assumed by the members of the legal profession, including duties to clients, the public, the courts, and other professionals. Materials consist of the ABA Model Rules of Professional Conduct, and other pertinent standards regarding lawyers' ethics.(Breen, Grogan, Perea, Rosenberg)
This program, which is offered with the cooperation of the United States Court of Appeals for the Seventh Circuit, enables students to prepare briefs and otherwise participate in appellate proceedings on behalf of indigent litigants. Students work under the immediate supervision of a faculty member who has been appointed as counsel for such litigants. Students normally are permitted to present oral arguments to the court in cases which the students have briefed. Participation is subject to approval of the instructor and is necessarily limited by the number of cases assigned by the court. (Shoenberger)
417 - Professional Responsibility Seminar (3)
Students chosen to participate in the seminar work closely with the teachers on special projects in the area of professional responsibility, particularly the continual updating of a bibliography of Illinois case law and other legal materials on lawyers' ethics, as part of a nationwide project. (Breen, Donnelly)
418 - Pre-Trial Litigation (2) - (Phillips, Webb)
This course counts as a Skills Course.
This course will teach the students the practical application of pre-trial discovery in Illinois. The course will demonstrate real world application of discovery, from pre-suit investigation, to interrogatories, requests for production, requests to admit, and depositions. Students will be required to participate in class projects and demonstrations on the techniques of using these discovery tools. (Phillips, Webb)
418 - Pre-Trial Litigation (2) - (Murphy)
This course integrates a theoretical and practical approach to the pretrial components of litigation. Students gain an understanding of the purpose of pleadings, pretrial motions, depositions, and settlement conferences, and extend their knowledge through practical experience. The second portion of the course complements the courses in trial practices by investigating the psychology of courtroom communication and its related effects. Overall, students should develop a more well-rounded perspective of the pretrial aspects of litigation. (Murphy)
418 - Pre-Trial Litigation: Illinois Civil Litigation (2)
This course will teach the students the practical application of pre-trial discovery in Illinois. The course will demonstrate real world application of discovery, from pre-suit investigation, to interrogatories, requests for production, requests to admit, and depositions. Students will be required to participate in class projects and demonstrations on the techniques of using these discovery tools. (Phillips, Webb)
418 - Pre-Trial Litigation Practicum: Despositions, Objections and Motions in Limine (2)
Depositions, Objections and Motions in Limine (2). This course teaches students essential nuts and bolts of civil litigation practice with a focus on practical application of evidentiary theories. The course uses simulated civil cases. Students apply evidentiary theories to different fact patterns as litigators do. The course focuses on the use of evidentiary objections throughout the life of a case: depositions, motions in limine (typically used prior to trial to exclude prejudicial evidence) and trial. Working in teams, students will learn basic deposition taking techniques and play the role of lawyers deposing, examining, and defending witnesses while offering appropriate evidentiary objections. Motions in limine exercises will teach students how to draft persuasive motions in limine to exclude certain category of evidence.
With this hands-on approach, students will develop self confidence regarding the strategic use of evidentiary objections - an essential skill of successful litigators. This two credit course meets for two hours once a week. Evidence is the prerequisite. There is no final exam. The course grade is based on class room participation, performance during simulated exercises, and written work. Enrollment is limited to 15.
This course will continue advancing the skills learned in Advocacy, focusing on refining written and oral argument skills. Students will research and write the second issue from the National Moot Court Competition problem studied the previous semester. The course is designed for those looking for a more in-depth understanding of how to argue persuasively on a given issue. The class will also benefit students participating in moot court competitions in the spring semester, or those who just want to enhance their communication skills. The class is six weeks long, and is ungraded. lfulton@ccdllaw.com. (Fulton)
422 - Federal Litigation Practice (2)
This course counts as a Skills Course.
A significant portion of federal litigation occurs prior to the filing of a dispositive motion or a trial. This course will explore complex areas of federal litigation that are likely to result in a hearing before a federal judge. Each week, during the first part of the class, the students will explore a different area of substantive law involving frequently litigated topics in federal court such as attorney/client privilege, review of electronic evidence, use and scope of protective orders, and motions to compel. The second half of each class will involve the "litigants" presenting their arguments to the Court based on fact scenarios given to the litigants the prior week. The course is taught by federal judge, Hon. Virginia M. Kendall, and will take place in her courtroom in the Dirksen Federal Building. (Kendall)
423 - The Regulation of Prosecutors Conduct (2)
Prosecutors have significant power and discretion on both the federal and state levels. With those powers come responsibilities. The seminar will explore the limits of those powers and issues raised by attempts to regulate them. Among the topics we will explore: prosecutorial immunity; the discretion to charge or not to charge, including the death penalty; the obligation to disclose information to the defense under Brady; and the scope of acceptable closing arguments. Guest speakers will address both sides of these issues. Materials will include law review articles and excerpts from text books and general circulation books. There will be one major paper assigned. (Devine)
424 - Complex Issues in Personal Injury Litigation: Seminar (2)
When representing clients on a contingency fee basis, there are many legal, ethical and practical question which arise. Among these are the following: How does one assess the value of a case? How do you factor in some matters such as the ability of the plaintiff to present himself/herself to a jury or a judge; the cost of proving the case; experts needed, complexity of issues, unresolved legal questions, and many others? If one decides not to represent the client, but believes that the cause is viable, how is a referral to be made? What must be shared with the client and with the lawyer to whom the referral is made? This seminar examines these and other real world questions in depth. These seminar is limited to no more than 10 students. (Rodin)
425 - Feminist Jurisprudence (3)
426 - Special Education Advocacy (2)
This course counts as Experiential Learning and a Skills Course.
This course, which meets once a week for two hours, will deal in depth with current and timely issues in the education of children with disabilities. Students will learn federal and State statutory and regulatory procedures in determining eligibility for services, evaluation, development of the individualized education program, and provision of services in the least restrictive environment. The education of special needs children from early childhood through post-secondary transition will be addressed. The course will focus on advocacy, statutory and regulatory compliance, and dispute resolution. Students will form teams assuming the roles of parent/student advocate, school administrators, and school service providers in a variety of simulated activities throughout the semester, including: participation in eligibility and IEP conferences; disciplinary manifestation determination reviews; resolution sessions, mediation, and pre-hearing due process procedures; and determining Section 504 eligibility and developing and implementing a Section 504 service plan. (Hirsman)
This course considers the dominant role state and federal legislation plays in today’s legal system. Topics covered include legislative theory; key concepts of legislative drafting; sources of legislative uncertainty; the changing theories, tools (including the oft-maligned canons of statutory interpretation), and practices of statutory interpretation; and the role of courts in interpreting statutes. The greatest part of the course will focus on matters of statutory interpretation including the tools courts rely upon to when interpreting statutes. (Simoni)
431 - Documenting and Negotiating Financial Transactions (2)
This course counts as a Skills Course.
This course offers students an opportunity to focus on the legal issues that arise between borrowers and their financial advisor/banker. Topics covered include a focus on commercial loan agreements, other capital raising vehicles and mergers and acquisitions. The course also focuses on the perspective of the CFO and the banker in deciding when and how to raise additional capital, expansion through acquisition and partnership/joint-ventures with other entities. Students also study examples of actual loan agreements and other related documents as well as analyzing case law involving financial institutions and loan agreements. This course uses practical examples of actual transactions including details of their negotiation and execution with the student actively involved on a case study basis. Prerequisites: Students taking this class will be expected to have taken Business Organizations. Knowledge of Secured Transactions and Federal Income Tax would greatly assist the student; these classes are not, however, required to take the course. (Cronin, O'Brien)
432 - Financial Planning for Lawyers and Clients (2)
The course focuses on the financial planning process which entails setting lifetime objectives and implementing those objectives by: 1) protecting against risk, 2) managing credit, money, and investments, and 3) ultimately disposing of one's wealth. Among the specific topics to be examined are the following: insurance (life, disability, long-term care, property and liability), borrowing (mortgages, home equity loans, credit cards), investments (stock, bonds, mutual funds), and retirement planning. In addition, the course teaches students to understand financial reports and how planning is affected by the time value of money, compound interest, taxes and inflation. Each student is required to prepare a personal financial plan that can be used as a guide for the student over his/her lifetime. The student's plan will serve as the primary evaluation mechanism. (Kwall)
433 - Critical Legal Studies (Kent) (2)
Critical theory attempts to answer the age old question, "what is law?," by asserting that law is the reflection of the political values of the dominant group within society. After a brief introduction to the more traditional theories of justice; such as natural law, legal positivism, and legal realism, students will take up the challenge of Critical Legal Studies. Subjects covered include an economic analysis of law; gender and sexual orientation; and critical race theory. Other possible topics include an evaluation of law and economics; the emergence of Sharia law; and the role of feminism in the 21st century.
*Full time or part time Loyola students, who have completed their first year of legal studies, may enroll in one or more of a select group of 10 classes taught at Kent. These classes will not be curved and will be graded by name. Although these classes will be taught at Kent by Kent professors, you can enroll in them through LOCUS, as you would any other Loyola class. If you have questions about the courses offered and their prerequisites, please contact Assistant Dean, Stephen Sowle at ssowle@kentlaw.edu.
434 - Federal Criminal Law (2)
Most criminal law is state law. When should the federal government get involved? This course answers the question by looking at both the legal arguments and the underlying policy goals of Supreme Court Justices. Along the way, it explores several major federal crimes: blackmail, government corruption, organized crime, drug dealing, fraud, and money laundering. (Bronsteen)
440 - Criminal Appellate Practicum (3)
This course counts as a Skills Course.
Students in this course will work on either appellate or post-conviction representation of people convicted of criminal offenses, under the immediate supervision of attorneys in the Cook County Public Defender Legal Resources Division, located at 69 W. Washington Street in Chicago. The course is open to students who have completed at least three terms of law school and have taken either criminal procedure: investigation or criminal procedure: adjudication. Students will be expected to work an average of at least 10 hours each week on their cases and to meet for a class session with Professor Raphael each month, at a time convenient to all the students and the professor. Students are expected to discuss their work on behalf of clients and assignments in the classes. Students with a 711 license would be eligible to work on post-conviction cases and would be expected to participate in court sessions at the Criminal Court at 26th and California. Participation in work on appeals or similar proceedings does not require a 711 license and does not involve courtroom experience. Class size is limited to 3-4 students. Enrollment requires permission of the instructor. (Raphael)
441 - Advanced Trial Practice with Courtroom Technology (3)
This course counts as a Skills Course.
Advanced Trial Practice with Courtroom Technology is an advanced trial practice course qualifying for credit towards the advocacy certificate. This three-hour, graded credit course is designed to teach students how to prepare and try cases in a modern environment. Students will learn to conduct dynamic and persuasive courtroom presentations by combining advanced trial advocacy skills with courtroom presentation tools, including Sanction II and PowerPoint. Following several weeks of advocacy and software instruction and workshops, students pair into teams to try multiple, hi-tech, mock trials. Course materials include student licenses for Sanction II. The course will be taught by Assistant United States Attorney Michael Ferrara and plaintiff's attorney Brian Monico (both Loyola alums). Trial Practice I is a course prerequisite.
443 - Immigration Law and the Workplace (2)
An estimated 12 million people live and work in the United States illegally, according to many news accounts. As the immigration debate rages, the focus is on both the immigrant workers and the employers who supply the jobs. It has been illegal to employ unauthorized immigrants in the U.S. since 1986. The Immigration Form & Control Act (IRCA) requires all employers to verify employment eligibility through the I-9 form, but the government has not been consistent enforcing immigration laws in the workplace. Moreover, many states and municipalities have taken on the issue and have passed their own immigration laws. The Immigration and Customs Enforcement (ICE) agency is responsible for ensuring that employers comply with the law and has issued new priorities in workplace enforcement. Other laws protecting workers, such as labor and comprehensive immigration reform. This course will focus on the obligations of US employers, both under IRCA and beyond and the implications of illegal immigrant employment. It will examine pitfalls that await an employer who tries to comply with the law and analyze the penalties that can be assessed against an employer who discriminates against workers because they appear foreign. It will also review the civil and criminal penalties against employers who knowingly employ unauthorized workers, sometimes exploiting them with substandard working conditions, reviewing cases that have been brought against employers.
This is a seminar class limited to 20 students. Attendance is mandatory. Students will be assigned to a team and each week, the team will be expected to report on various aspects of this issue, with assigned readings. The last five weeks of class will be devoted to student presentations on relevant issues. Students will choose topics of interest and, with approval, will give a presentation, write a paper and submit a research file. No exam.
444 - Land Use Seminar: Current Land Use Issues (2)
447 - Federal Criminal Practice (2)
Federal Criminal Practice is taught by an Assistant United States Attorney and a former Staff Attorney from the Federal Defender Program, now in private practice as a defense attorney, specializing in white collar criminal defense and internal investigations. This course will expand students' knowledge of the scope and application of federal criminal law, and will challenge students to think and act as practicing prosecutors and defense attorneys. This course will review five major areas of federal criminal law: (1) the role and scope of the federal criminal system; (2) federal narcotics prosecutions; (3) the use of informants in federal investigations and prosecutions; (4) federal public corruption prosecutions including the use of the mail fraud statute; and (5) federal racketeering laws. Students will gain a working knowledge of the relevant case law on these topics and will also review and apply real cases prosecuted in federal court in the Northern District of Illinois.
This course is unique in that it will incorporate a practical component into the last four of these subject areas. Students will write and argue various motions, including a motion to supress, a motion to dismiss an indictment, and a sentencing memorandum relating to the Federal Sentencing Guidelines. Students will also conduct direct or cross examination of a cooperating witness and give a short closing argument. Students are expected to complete four written submissions and two oral exercises. These assignments, along with class participation and attendance, will determine the student's final grade. (Ellis)
448 - Comparative Education Law Research Practicum (1)
This course counts as a Perspective Elective Course.
This unique course will immerse students in a comparative analysis of early education law and policy in Italy and the United States. The specific focus of the class will be the world- renowned approach to preschool education developed in Reggio Emilia in northern Italy. The preschools in Reggio Emilia are widely regarded as the best in the world. The “Reggio” approach to early education is built on a particular understanding of the biological and social nature of children, and the role of the state in developing its young. Accordingly, the class will begin with an exploration of the neuro-science undergirding the Reggio approach and how this science informs: educational objectives and methods; the architecture of the educational environment, the connections between school and community and the legal and political structures surrounding children. Throughout the class, the “Reggio” approach will serve as a benchmark for understanding and assessing the law and policy of early childhood education in the United States. The class is one-credit. Students will be required to participate actively in class exercises and projects, and to write a 10-15 page analytical or research paper that addresses any issue raised by the class.
449 - Negotiations Workshop (3)
This course counts as a Skills Course.
Negotiating effectively is one of the most important qualities of a successful lawyer. This course seeks to help you move from negotiating by instinct, as most people do, to negotiating more thoughtfully, more comfortably and with a clearer sense of purpose.
This course merges theory with practice to: (1) develop your understanding of negotiation, and your awareness as a negotiator; (2) give you tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, analysis, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory, you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system.
The Negotiation Workshop is a highly rewarding and interactive course. The course syllabus consists of assigned readings, simulations, and written assignments before almost every class, and attendance at one video debrief where we will analyze your skill set. (Michel, Zelizer)
This course counts as a Skills Course.
This seminar attempts to simulate the day-to-day practice of an estate planner. The topics range from the initial client interview to the formulation of sophisticated estate plans for those with substantial property, such as a successful business. The goal is to provide exposure to a broad range of client situations with supervised formulation and implementation of estate plans. Students generally work in teams of two or three and submit several drafting assignments throughout the semester. Pre-requisite: Estate and Gift Tax; Estates is highly recommended. (Buccino, Fuechtman, Herte, Rhodes)
453 - Negotiations Seminar (1)
This course counts as an Experiential Learning and Skills Course.
This course will be conducted in an intensive workshop format over the course of one weekend. Students will learn the basic elements of negotiation techniques and put them into practice. We will cover the negotiation process from the initial establishment of rapport, to the resolution of the conflict and compromise, to reach final agreement. We will also cover some of the legal aspects of negotiation re the Settlement Agreement. Grades will be based on the student's performance in an actual negotiation at the end of the course. Students who do exceptionally well may be invited to represent Loyola at the ABA National Negotiation Competition in the fall. (Gaspardo/Mosshamer and dispute resolution faculty)
454 - Religious Liberty Seminar (2)
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….” One of the primary motivations for the founding of the United States is the impetus for religious liberty. What is religious freedom in today’s increasingly secular world? Is religious freedom possible? And what is the place of religion in our political and cultural life? This course will explore these questions through targeted readings in seminal cases. The course will culminate in student presentations and a seminar paper. (Prerequisite: Constitutional Law)
456 - Mediation Seminar (2) (Levitz, Nathanson)
This course counts as a Skills Course.
Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation.(Levitz, Nathanson)
456 - Mediation Seminar (1) (Green)
This course counts as a Skills Course.
Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation. This course will be conducted in an intensive workshop format over the course of one weekend where students will role play as client and attorney. No textbook is required, nor is there a first assignment. (Green)
457 - Business Legislation Practicum (Kent) (1)
Each student enrolled will chose a current project of the Institute of Illinois Business Law and work with the members of that project sub-committee. The Institute has been located at Chicago-Kent for the past four years, under the Directorship of Prof. Philip Hablutzel. Over the past 30 years, the Institute and its predecessor has written all the major business statutes in Illinois. Each year, the Institute has six to eight law reform projects in various states of drafting or submission to the Illinois General Assembly. One or more students will work with a project sub-committee and do legal research and other assistance. The time commitment is four hours per week. Supervision will be by Prof. Hablutzel and the project chair.
*Full time or part time Loyola students, who have completed their first year of legal studies, may enroll in one or more of a select group of 10 classes taught at Kent. These classes will not be curved and will be graded by name. Although these classes will be taught at Kent by Kent professors, you can enroll in them through LOCUS, as you would any other Loyola class. If you have questions about the courses offered and their prerequisites, please contact Assistant Dean, Stephen Sowle at ssowle@kentlaw.edu.
458 - Canon Law for Civil Lawyers (2)
Mention "canon law" and the uninformed person may wonder how much the law has to say about firing a cannon. "Canon law" to a more educated mind may conjure up images of medieval scholars poring over Latin manuscripts. Other with some limited contemporary contact with canon law will at least have heard of the Catholic Church's procedures involving marriage annulments.
Many people would be surprised and perhaps mystified to find out that canon law still plays a central role today in determining how the Catholic Church handles the broad spectrum of issues involved in the daily management of a world-wide multinational organization. Moreover, there are many aspects of a contemporary civil lawyer's practice that may involve issues requiring some knowledge or familiarity with the current canon law of the Church.
Example of these would be in the areas of litigation relating to allegations of clerical sexual misconduct with minors; mergers and joint ventures involving Catholic schools and health care institutions; immigration aspects of foreign religious workers; will, estates and bequests involving ecclesiastical goods and offerings for Masses; incorporation and tax-exempt status of religious organizations; the protection of human rights; and, of course, marriage and family law, especially divorces and annulments.
This course will be conducted as a seminar in which students will be invited to write a research paper and make a classroom presentation on some issue that involves aspects of both civil law and canon law. Since there will be no examination, grading will be based on the research paper, the classroom presentation, attendance and participation in the seminar discussions. (Paprocki)
Click here for an article about Bishop Paprocki and the course in Canon Law.
459 - Introduction to the English Legal Profession (1)
This course counts as a Perspective Elective Course.
This is a ten-week lecture series which explores a variety of issues pertaining to the English legal profession . It is a mandatory preparatory course for those students who have been selected to participate in the annual London Comparative Advocacy Program. As an elective course for other students, a final paper is required. Topics include the history of the common law, the development of the English legal profession, English civil and criminal procedure, the role of the European Union in English law, the modern legal profession and the history of London. (Faught)
459 - London Comparative Advocacy (1)
The London Comparative Advocacy Program is a two-hour ungraded course: students take Introduction to the English Legal Profession one semester, followed by this course the following semester. Each year, twelve students are selected to travel to London for about two weeks between semesters during which students engage in a number of activities focusing on the British legal profession and system of advocacy. Students are required to attend a lecture series in the fall semester to prepare for the visit. In the spring semester, they are required to submit a 15 page research paper. Completion of Trial Practice I is recommended. Applications for the program are due each April and the program faculty selects the participants. There are always far more applicants to the program than available space. (Faught, Opdycke)
461 - Education Law and Policy (3)
This course counts as a Perspective Elective Course.
This seminar will explore the difficult legal, political and practical issues currently confronting American education. The course will begin with an analysis of the fundamental political and philosophical principles underlying the American educational system. Students will then be challenged to apply these principles to difficult areas of education law, such as: (1) the limits of compulsory education; (2) the relationship between public education and religious institutions and practices; (3) the nature of a constitutional right to education; (4) the adequacy and equity of school funding; (5) the balance between federal control through statutes, like the No Child Left Behind Act, and state control over curriculum; (6) school governance; (7) the rights and responsibilities of students; (8) traditional and novel torts in the educational environment; and (9) the rights and responsibilities of educators. Students will be required to participate actively in class, to facilitate class discussion of a selected topic, and to submit a paper which analyzes critically an important issue raised in the class. There will be no final examination. (Kaufman)
468 - Comparative Education Law (1)
469 - Advanced Torts: Perspectives in Tort Law (3)
This course counts as a Bar and a Perspective Elective Course.
We all know that it is not possible to cover the many problems in Tort law in the first year. This course permits us to explore those topics not covered in depth in the introductory freshman course, including Products Liability and Misrepresentation, among others. More significantly however, we will also consider difficult ethical and business problems confronted in practice. The readings for the semester include, in addition to the Prosser casebook, carefully selected essays, many of which are highly critical of the status quo. We will also hear from practitioners, members of the legislature, and the judiciary, as well as those charged with regulating the safety of consumers. The course is intended to be integrative and reflective. Students will have the opportunity to do research in an area of specific interest, and to present their findings to the class. (Appel)
472 - Advanced Writing for Legal Practice (2)
This course emphasizes legal analysis and concise forceful writing. Assignments include document interpretation and drafting, memorandum writing, and various law practice writing assignments. (Ehrhart, Spevack)
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.
This course counts as an Experiential Learning and a Skills Course.
Art Law is a study of the main legal issues involved in the acquisition, ownership and disposition of works of art. The primary perspective is that of an attorney in the representation of an art collector, and how the transactional arc involves regular concerns, such as contract law, as well as art specific concerns, such as Nazi-era looted art. Part I Acquisition begins with a focus on the legal issues raised by the various venues for art purchases (art commissions, through a dealer, at auction) and follows with the two core issues of authenticity and good title. Part II Ownership concerns three topics that could arise during the ownership phase: crossing borders, moral rights and art loans. Part III Disposition completes the transactional loop with a discussion of how one transfers works of art during life or at death, whether by sale or gratuitious transfers, including valuation concerns. The course will include several drafting exercises (some of which will be done in teams) and a one-hour in-class final. (Rhodes)
478 - Real Estate Transactions (3)
This course counts as a Bar and a Skills Course.
This is a skills-based class covering foundational topics in commercial real estate transactions. Topics include: negotiation, drafting, and a one-class "survey school." Participation in an all-day Saturday skills workshop is required and the in-class final exam will be held prior to the traditional exam period, dates for both of these TBA in the first class meeting. Please note that this class does not address residential transactions. (Hanley)
479 - Transnational Dispute Resolution (3)
This course counts as a Perspective Elective Course.
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, Heard, Moses, Walker)
480 - Business Planning (3) - Murdock
This course counts as a Skills Course.
Business Planning is a problem oriented course in which students work together in teams of three. There are 10 to 12 problems, covering fiduciary duty, valuing, capitalizing and organizing a corporation, drafting S/H agreements and buy/sell agreements, and selling the business. Other problems deal w/ similar issues in regard to LLCs and partnerships. Essentially, one problem is due each week. The problems range from legal memos to planning memos to drafting articles of incorporation and by-laws to marking up forms to accomplish a specified purpose. Prerequisite: Business Organizations. (Murdock)
480 - Business Planning: Transactions (3) - Rosenberg
A Business lawyer needs to know, or at least be generally familiar with, many areas of law. Therefore, the purpose of this course is to teach many legal issues, including:
(i)The organization of a business (e.g., the types of legal entities including: corporation, “S” corporation, partnership, and limited liability company), organizational documents for a corporation and a limited liability company, control issues including the problems of minority shareholder in a privately owned business, and understanding balance sheets and income statements;
(ii)The Financing of that business (including compliance with the federal securities laws in connection with private offerings and public offerings, bank borrowing and granting collateral pursuant to Article 9 of the UCC);
(iii)Certain key day-to-day transactions (including intellectual property, environmental law, labor law, real estate law, and sales of personal property as regulated by Article 2 of the UCC);
(iv)Buying and selling a business (including certain tax and non tax issues, documentation, hostile tender offers, going private and leveraged buyouts); and
(v)The financially trouble business (including workouts and the rudiments of securitization).
There is a large handout but the substance of the course is contained primarily in the lectures. Therefore, regular attendance is expected. There is no prerequisite for this course but some prior exposure to business law (e.g., Business Organizations) is highly desirable. (Rosenberg, Fall semester)
481 - Employee Benefits Law (2)
This course examines areas from pension and profit sharing plans to executive compensation arrangements to health and medical plans. It analyzes the tax, corporate, labor, bankruptcy, and securities consequences both to the employee and the employer and focuses upon the various considerations of which the attorney should be aware when designing plans, as well as when advising clients in the context of employee benefits litigation and corporate acquisitions and divestitures. (London)
This course counts as an Experiential Learning and a Skills Course.
The purpose of the Federal Tax Clinic is to educate the student in the practice of federal tax law and dispute resolution before the Internal Revenue Service (IRS) and the United States Tax Court. The tax clinic is neither exclusively a "skills center" nor a "theory center." Instead, all the numerous components of tax law practice are integrated in the curriculum of both classroom study and legal practice with actual clients. Some of the subjects include client interviewing and counseling, negotiations, and tax litigation. Students handle cases at the IRS and Tax Court level on a clinical basis and, with the clinic attorneys, prepare all appropriate written responses to the IRS, prepare Tax Court petitions, and litigate tax cases. Federal Income Tax is a prerequisite, and Tax Audits, Procedure and Ethics is recommended. (Novy)
For more information about the Federal Tax Clinic, click here.
The purposes of this seminar are to develop federal tax research skills, to refine analytical abilities previously developed in earlier federal tax and other law courses, and to improve the legal writing skills of students nearing graduation. The primary goal is to prepare a manuscript of publishable quality with respect to a particular substantive issue in the federal tax field. Students submit an outline and multiple drafts at designated points during the semester and make a presentation at the end. Permission of the instructor is required. (Kwall, Rhodes)
488 - Advanced Issues in Domestic Relations Law
This seminar covers a range of emerging topics in domestic relations law and advocacy, including issues such as collaborative dissolution, alternative dispute resolution in high conflict cases, the role of the child's attorney in domestic relations matters, parental alienation syndrome, and abuse allegations in family law cases. The seminar will utilize a variety of methodologies to acquaint students with the issues and the practice of domestic relations law. (Vaughn)
489 - Jurisprudence: Perspectives on the Law and Justice (2)
This course counts as a Perspective Elective Course.
Many students are attracted to law school and to the practice of law because they want to do good - because they are committed to advancing the cause of justice. At the same time, many students find that their interest in justice is not nurtured during the course of their legal education. Indeed, particularly in the first-year of study, students are taught to distance themselves from many of their own deeply held beliefs concerning justice and fairness. They are trained to put to one side (if not to entirely disregard) these beliefs when reading cases, statutes, and legal rules.
The critical distance achieved by bracketing one's own beliefs serves an important pedagogic goal in that it allows the student to focus on the technical aspects of legal doctrine in a dispassionate way - to grasp the legal principle at work, and to see how it relates both to other principles and to the facts of the case at hand. At the same time, however, many students understandably find this process to be disconcerting. They experience a jarring sense of intellectual dissonance in that their legal education seems to separate them from the very reasons that led them to law school in the first place.
The goal of this course is to serve as an antidote for this disconnect. In it, students will have an opportunity to examine in a rigorous fashion some of the most basic questions about the nature of justice and its relationship to law: What is the nature of law and legal obligation? Where do rights come from? What is the relationship between law and morality? How do legal institutions affect the disposition of justice? How can the law reconcile the desire for greater individual freedom with the need for public order?
The means through which we will examine these and other questions will be through a careful reading of materials drawn from a variety of schools of legal thought: Law and Economics, Legal Realism, Legal Positivism, Critical Legal Studies, Liberal Legal Theory and the Natural Law Tradition. Indeed, the authors that we will study include the most influential thinkers in the development of law and legal theory.
The course will not, however, be a rote history of Western legal philosophy or a mere exercise in the study of abstract ideas. Law is a practical art, and legal concepts and theories have meaning in application. Indeed, they are best understood when their consequences are laid bare. Thus, in conjunction with the various works of legal theory described above, students will also read a number of cases that will help them examine the meaning of these theories in concrete terms. Thus, students should emerge from the course not only with a better understanding of justice, but with an understanding of what their beliefs might mean in the practice of law. (Breen)
496 - Client Counseling and Negotiations (2)
This course counts as a Skills Course.
This course is designed to develop skills used by lawyers in their roles as client interviewer, counselor and negotiator. Emphasis is on class participation. The first hour of each class is devoted to lecture/discussion of the covered topics. During the second hour students participate in practice problems which emphasize the skills taught in the first hour. Students are graded on the following: written paper, one videotaped out of class problem, and class participation. Because of the heavy emphasis on class participation, the class is limited to 18 students. (Suder)