Loyola University Chicago

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Loyola University Chicago

Registrar

School of Law

Advocacy and Dispute Resolution

Skills

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)

This course is intended for LL.M. students, but J.D. student may be permitted to take the class with instructor permission. The course begins where traditional legal writing and advocacy courses leave off, teaching advanced legal research strategies, brief writing, oral argument technique, and the components of appellate procedure. Students will be required to compose appellate briefs and to deliver oral arguments.

This course will give students practical experience with common pre-trial civil litigation tasks they will encounter in private practice. The instructor's principal goal is to expose students to the "nuts and bolts" of motion practice, briefing and discovery - with particular emphasis on writing - so that they will be more effective associates on their first day of practice. The course will address topics including: (i) conducting factual investigations preceding and during litigation; (ii) drafting initial pleadings, such as complaints and answers; (iii) drafting and responding to motions attacking the sufficiency of a complaint; (iv) drafting and responding to written discovery requests; (v) producing documents and related issues; (vi) handling discovery disputes; (vii) conducting and defending expert discovery; and (vii) drafting and responding to summary-judgment motions. This course will also cover applicable procedural rules, and related topics such as civility when dealing with opposing counsel, courtroom demeanor and interaction with clients and more senior attorneys.

Skills

This course is designed to train student lawyers in the art of persuasive presentation and storytelling. Training will focus on the goal of persuading juries and engaging witnesses by presenting complex material with the ease of a conversation. In the first segment, students will learn also how to use vocal inflection and body language to tell the story between the words, project confidence while remaining flexible, and how insight, point of view, clear language, and mental/emotional connection equal authenticity. Courtroom delivery is examined through principles that apply to all spoken interaction: use of space, use of visuals, use of time. The second segment of the course focuses on effective storytelling for litigation. Students will learn how to construct powerful stories that illustrate critical aspects of the case, and develop a practical understanding of theming and use of character point of view. The course focuses concepts drawn from great political orators, theatrical performance, and public speaking. Students learn the practical skills that apply to openings, closings, witness interrogation, and prospective client interviews. Each day includes both lecture and practical workshop components. Students will prepare and deliver an original opening statement on the third day.

Experiential Learning

This course offers an in-depth study of three important areas in the presentation of evidence at trial: character (e.g., habit, routine and prior bad acts, as well as traditional character traits), hearsay, and expert testimony. Although not a "techniques" course, students will be called upon to participate actively in the class discussions and simulation. (Elward)

Skills

Learning litigation skills task-by-task can leave the young practitioner with little guidance on how to form the overall strategy necessary to develop and present an effective civil case. While covering a wide range of specific skills, including final pretrial preparation, the pretrial uses of opening statement and closing argument, the careful researching of local rules of procedure, techniques for examining witnesses, emphasis in the use of discovery tools, techniques for oral argument and applying a structured approach to settlement negotiations, this course will emphasize the aspects of these skills that support an overall civil litigation strategy. This course will require students to review a variety of materials in preparation for class, to participate in certain in-class exercises and to submit certain written work during the course of the term. Evaluation of each student's performance will be based on in-class exercises and written work during the course of the term. (Herbert)

Experiential Learning 

Skills

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)

Experiential

Skills

This course is for students who have already taken and passed the Mediation Certification & Courthouse Practicum. Students in this course will further develop and build upon their mediation skills by mediating actual long model cases at the Center for Conflict Resolution, as well as short model cases at the Cook County courts. Students will turn in written case summaries and assessments after the mediations and use the classroom time to discuss and learn from each other’s mediation experiences. This is a 3-credit course. Grading is based on participation in mediations, class discussions and written work. Professor permission is required.  

Skills

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.

Skills

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)

Skills

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.

Skills

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.

Skills

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.

Skills

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)

Skills

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. 

Skills

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. 

Skills

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. 

JD Required

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, Becker and the Advocacy faculty)

Skills

Class focus will be on mediation, arbitration and other forms of Alternative Dispute Resolution, with an emphasis on learning procedural aspects of mediation and arbitration, as well as negotiation skills. This course will provide students with the opportunity to gain practical knowledge and familiarity with the different methods of alternatives to litigation. Classes will include lectures, simulations, role-playing, and outcome-based actual case studies. (Moritz)(Roethke)

Skills

This course aims to help law students become effective problem solvers through development of their knowledge and skills in negotiation, mediation, and arbitration as applied to a range of legal disputes.  Student will learn to assist clients in identifying their goals and searching for creative solutions that produce efficient, expansive and effective outcomes.  Students will learn about negotiation, mediation, and arbitration through lectures, but primarily through case simulations followed by critical feedback.  Class attendance is critical.  Participation in this course includes one six hour Saturday workshop in April offered in lieu of 3 regularly scheduled April classes. (Coupet)

Experiential Learning

Skills

This class is taught by Professor Terry Moritz and meets on four Friday and Saturday afternoons.  The 2014 class will be held Oct. 31-Nov. 1 and Nov. 7-8.

The workshop will focus on the substantive and procedural components of commercial arbitration in the United States.  The class will address established principles of arbitration law, the various types of arbitrations, the rules governing arbitration, the role of counsel in the arbitration process, as well as the power, responsibilities and ethical requirements of an arbitrator.  The course will combine a traditional lecture format with practical arbitration experience  and video presentations designed to provide the student with both a firm substantive basis in arbitration, as well as clinical experience workshop problem solving. The course includes participation in a mock arbitration.

 

Argument and persuasion are essential human activities. Both have been practiced, in one form or another, for as long as human beings have interacted with each other; both have also been the subject of study since earliest times. Much of what guides us today comes to us from the ancient Greeks, but modern cognitive psychology also contributes to our understanding as how audiences of various types are persuaded in various circumstances. This course is particularly interested in what constitutes effective legal argument, particularly in the resolution of constitutional questions by appellate courts. The first part of the course will consider the general problem of persuasion by focusing on classical theories of argument and, to some extent, on the understanding of effective persuasion derived from contemporary cognitive psychology. Since the aim of appellate advocacy is to persuade a particular and specialized audience, namely, appellate judges, the second part of the course will consider the particular demands and requirements of persuasion that arise in that context by considering scholarly works relevant to that subject. We will consider what judges and theorists of judging say that judges do, or think they are doing, when they interpret the U.S. Constitution or resolve other questions of law through interpretation. We will also consider how an understanding of these matters impacts upon what lawyers can or should do in framing their arguments. In the final part of the course, students will apply the knowledge they have gained in the first two parts of the course by studying the opinions, briefs, and oral argument transcripts in selected Supreme Court cases. The selected cases will present distinct problems in advocacy. Students will be asked to evaluate the effectiveness of the arguments actually made in the cases and consider whether other arguments might more profitably have been made. Papers will be required. (Sullivan)

Experiential Learning

Skills

The Business Law Clinic (the "Clinic") represents entrepreneurs and community members who, respectively, wish assistance in forming small businesses and not-for-profit corporations in the Chicagoland area. Students typically work with several Clinic clients during the course of a semester, under the supervision of at least one member of the Clinic's faculty. The Clinic also includes a weekly seminar (Tuesdays from 5 to 7 p.m.), which addresses relevant substantive law, ethical issues and pragmatic lawyering skills, such as drafting, negotiating and counseling clients. The work in the Clinic is transactional in nature. The Clinic does not handle litigation matters.

Participation in the Clinic requires both a significant time commitment (a minimum of 6 hours per week, in addition to the time in the seminar), as well as a certain degree of flexibility in the student's schedule. All students are expected to have an initial meeting with their clients and to meet with them thereafter, as needed. In addition, the students are expected to communicate with their clients regularly, efficiently and effectively perform the related transactional work under the supervision of the Clinic's faculty, maintain their client's files in an organized and professional manner, regularly attend the seminar classes and participate in various seminar exercises.

Prerequisite for the course is Business Organizations. Federal Income Tax is highly recommended. Other recommended courses, in order of preference, are Corporate & Partnership Tax, Sales, and Securities Regulation. Class is limited to 10-14 students and instructor permission and an application is required. (Stone)

Experiential Learning

Skills

The Civitas ChildLaw Clinic represents children primarily in child protection (abuse and neglect), child custody and visitation, delinquency cases. Students typically work on at least two cases during the course of a semester, under the supervision of at least one member of the clinic faculty. The Clinic also includes a weekly seminar (Tuesdays from 4:00 to 6:00 p.m.), which addresses relevant substantive law, advocacy skills, and ethical issues in the representation of children. Students will be expected to master the law governing their areas of practice, as well as applicable rules of professional conduct. Students will gain experience with a range of lawyering skills, including client counseling, case planning, and written and oral advocacy. While the subject matter of the Clinic's cases focuses on children's issues, students should expect to develop skills transferrable to any practice setting. Enrollment in the clinic is limited to 16 students. Priority is given to students eligible for a student practice license under Illinois Supreme Court Rule 7-11, and permission of the Clinic instructors is required for enrollment. Civitas ChildLaw Clinic Application.

Participation in the Clinic requires both a significant time commitment and flexibility in the student's schedule. All students will be expected to attend and conduct court appearances throughout the semester, and to be available to attend to other client business during regular working hours. Students working full or nearly full time, or students who have concerns about their ability to maintain a flexible schedule, should speak with one of the members of the Clinic faculty before enrolling in the class. In addition, to avoid conflicts of interest, students may not participate in the Clinic while working for the criminal or juvenile divisions of the State's Attorney's Office, or the juvenile division of the Public Defender's Office.

Professor Bruce Boyer serves as the Clinic Director, and Professor Stacey Platt serves as Associate Director.

* Students in the Clinic for the first time must enroll for four credits and will be expected to participate fully in the classroom component. Students enrolling for a second semester will be expected to participate bi-weekly in the seminar; normally, students repeating the Clinic for a second semester take the course for three credits, but other options are available with permission of the instructor.

This course counts as an Experiential Learning and a Skills course.

The ChildLaw Legislation and Policy Clinic is part of the Civitas ChildLaw Center. Students in this Clinic have an opportunity to work, under the supervision of a faculty member, on a legislative or policy project that may involve any or all of the following: critiquing pending bills or existing legislation, drafting bills, developing summaries and fact sheets about pending bills, and building and working with coalitions to develop legislative ideas and consensus. Topics cover a range of child and family issues. Spring semester students primarily work on projects begun during the Fall Clinic, including researching and drafting legislation concerning child protection and juvenile justice reform issues. Students work in teams and must have sufficient time or flexibility during the work day to participate in some internal team meetings as well as attend meetings outside the Law School, as needed. Instructor permission required. Class hours TBD. (Weinberg)

Skills

Experiential Learning  

This course will explore the use of mediation in disputes involving children and families. Students will survey various models and uses of mediation and related dispute resolution processes in the following contexts: divorce, custody and visitation issues; child protection; juvenile delinquency; balanced and restorative justice; adult guardianships; youth violence prevention and peer mediation; and special education. Further, students will consider the impact of domestic violence and other impairments on the child and family mediation process. In addition to reviewing basic mediation skills, students will participate in classroom exercises designed to develop their ability to think critically about issues, as well as apply mediation strategies to dispute resolution scenarios. (Levitz, Nathanson)

Experiential Learning

Skills

This is Trial Practice I with an emphasis on those issues important to advocating in cases involving children (child witnesses, unique problems in expert testimony, special evidentiary issues, etc.). The course is taught by a team of lawyers, judges, and medical and mental health professionals with a student/faculty ratio of 8 to 1. The principal objective is to introduce students to litigation principles, and to teach them advocacy skills in an intensive learn by doing environment. By grounding the exercises in child advocacy problems, a further goal is to prepare students for the special challenges involved in the representation of children. At the end of the course, the student conducts a complete trial at the Richard J. Daley Center. (Geraghty)

JD Required
Bar

This course is a JD Required Course and counts as a Bar Course. An introduction to and analysis of the concepts and doctrines that govern the procedure followed in civil litigation. Jurisdiction, choice of law (Erie), pre-trial, trial and appellate procedure are discussed. Emphasis is placed on practice in the federal trial courts. (Ho, Kaufman, Michael, Tsesis, Waller)

Skills

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)

Experiential Learning 

Skills

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)

Skills

Experiential Learning  

This course will provide students insight and practical knowledge of alternative dispute resolutions. This course focuses on the attorney's ability to understand the differences in the practice of mediation and the more recent development of the Collaborative law process and understand the application of each. Students will learn through didactic as well as skill-centered methods, giving each the opportunity to practice skills through role play and “fishbowl” exercises. We will cover the basics of mediation and Collaborative practice while emphasizing useful derivative skills that will serve students well in their future law careers. A client-centered approach, the primary goal of this class is to expose students to effective communication methods and skills that lead to settlement without litigation. Guest lecturers will bring their specific areas of expertise to the class so that students will be able to see first-hand the application of the processes we will be studying and be able better to emulate them. The final grade will awarded based partly on a 10 page critical paper and more significantly from class participation. (Rosenbloom and occasional guest lecturers)

Experiential Learning

Skills

The Community Law Center Clinic (LUCLC) course is designed to teach students the essential skills involved in the practice of law, including client interviewing and counseling, hearing advocacy, negotiation and practice management. These skills are taught in conjunction with the representation by students of clients in civil cases under the supervision of Professor Theresa Ceko and the law school's clinical faculty. The Law Center is located in Room 1005 of the law school.

Students who enroll in the clinic course must be available to be in the clinic either one morning or one afternoon each week (Monday-Friday). The course also has a classroom component that meets each Wednesday from noon to 2 p.m. The purpose of the classroom component is to provide students with a theoretical overview of the lawyering skills that they perform at the clinic. In addition to regular clinic hours and classroom work, clinic students work on their cases during an additional 6 hours a week, most of this work done on the student's own time. Any student who has completed the first year of law school can enroll in the clinic course.

Students in the LUCLC represent children in contested guardianship cases and clients in civil cases involving landlord/tenant, family and elder law problems. Many of LUCLC's clients are low income persons. Serving persons who cannot afford legal services sensitizes students to the special ways that the law affects the lives of the indigent.

Another important aspect of the LUCLC course is the opportunity for students to develop their own sense of the lawyer's professional role. Students experience the complexity of the attorney-client relationship and the myriad ethical dimensions of lawyering. Students are exposed for the first time to the conflicts, frustrations and rewards inherent in legal practice.

Enrollment in the Community Law Center Clinic course also helps students prepare for the performance tests that have been added to many state bar examinations, including Illinois. The skills that these performance tests measure are the same skills that students learn through their client representation.

The Community Law Center Clinic course is an excellent bridge from the law school classroom to the law office. It allows students to begin to learn how to practice law in a reflective environment. (Ceko)

Experiential Learning

Skills

Students in the LUCLC represent children in contested guardianship cases and clients in civil cases involving landlord/tenant, family and elder law problems. Many of LUCLC's clients are low income persons. Serving persons who cannot afford legal services sensitizes students to the special ways that the law affects the lives of the indigent.

Another important aspect of the LUCLC course is the opportunity for students to develop their own sense of the lawyer's professional role. Students experience the complexity of the attorney-client relationship and the myriad ethical dimensions of lawyering. Students are exposed for the first time to the conflicts, frustrations and rewards inherent in legal practice.

Enrollment in the Community Law Center Clinic course also helps students prepare for the performance tests that have been added to many state bar examinations, including Illinois. The skills that these performance tests measure are the same skills that students learn through their client representation.

The Community Law Center Clinic course is an excellent bridge from the law school classroom to the law office. It allows students to begin to learn how to practice law in a reflective environment. (Ceko)

Experiential Learning

Skills

This course focuses on how lawyers work with communities and organizations to bring about change and takes a practical approach to understanding different forms of community-based lawyering. Students will work (for an approximate total of 50 hours in the semester) on projects with community organizations. Their work may entail doing research, creating fact sheets and manuals, conducting "know your rights" presentations in the community, helping to craft the message of a campaign, writing press releases, and strategizing with community members on how to identify and resolve particular issues. In addition to their fieldwork, every week, students will be assigned readings relating to course topics, such as organizing and different theories of change, the tools and strategies of lawyers, the history of lawyers working with different communities, and the role of law and lawyers in different movements. We will have discussions based on the assigned readings, and guest speakers will join us throughout the semester.

Skills

From the convening of a grand jury to the disposition of charges, federal criminal prosecutions involve a series of complex investigative and prosecutorial topics. This class will explore complex issues involved in federal criminal law including corporate criminal liability, the prosecution of public corruption cases, involving foreign and domestic initiatives, and organizational prosecutions utilizing RICO. Taught by an experienced trial attorney, Ms. McClellan (currently an Assistant United States Attorney) the class will analyze issues surrounding the prosecution and defense of complex criminal matters. In the context of corporate criminal matters, the issues analyzed will involve the expansion of the principles surrounding corporate liability, internal and external investigations and whistle blowers after the Dodd Frank Act. With regard to prosecutions of public corruption, the course will focus on domestic political/public corruption and foreign anti bribery initiatives pursuant to the Federal Corrupt Practices Act. Complex criminal prosecutions aimed at organizations utilizing RICO statutes and similar remedies will be reviewed and analyzed for their efficacy. The course will focus on issues that arise in the prosecutive stage of these complex matters, beginning with the charging decisions through the disposition of the case. Questions of trial strategy will be examined, as well as, alternatives to trial, comparing and contrasting the remedies available when the defendant is an institution as opposed to an individual.

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.

Bar

This course deals with the legal ramifications of disputes involving contracts with two or more states or other jurisdictions. When such disputes reach the courts, what law should be applied and how should the determination be made? The course explores these questions and the various methods courts and scholars have proposed and adopted to answer them. The contrasting points of view regarding choice of law, jurisdiction and recognition of foreign judgments are analyzed in terms of which policies best promote harmony and efficiency in the federal system and accord with the federal constitutional requirements of due process of law and full faith and credit to the judgments of sister states. (Locke)

Skills 

Corboy I also counts as Non-Graded

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).

This seminar will review the use of the death penalty in our country's history and then take an in-depth look at the issues relating to whether there should be a death penalty.

We will examine national developments on the issue and discuss the recent history of the death penalty in Illinois, including the removal of all prisoners from Death Row by former Governor George Ryan, the report of the commission appointed by the Governor to examine capital punishment issues, the basis for the moratorium on the death penalty and the factors affecting Governor Quinn's decision on the 2011 bill to ban the death penalty.

Assigned readings will include Debating the Death Penalty, edited by Hugo Bedau and Paul Cassell (Oxford, 2004), Ultimate Punishment by Scott Turow, portions of the Report of the Governor's Commission on the Death Penalty, and various articles and court decisions.

There will be guest speakers who have participated in aspects of the death penalty process and the debate on its use.

Each participant will be assigned a paper on a topic covered in these materials. (Devine)

This course examines the results of civil rights education cases brought on behalf of African American, Latino, and other minority students. Students will examine applicable legal precedents and statutory frameworks, classroom level implementation, and experts’ analyses of data and outcomes for five subject areas—student assignment, English Language Learner Programs, tracking (gifted and remedial), special education, and discipline. Students will work in teams and individually to present research and response papers related to the five subject matters.  (Ashley)

Skills

Electronic discovery ("e-discovery") is the discipline of dealing with digital evidence.


Proficiency in e-discovery has become a must-have skill set for litigators. The Federal Rules of Civil Procedure and Evidence have already been modified twice in the last few years to try to address e-discovery concerns, and additional changes appear imminent. The states are following suit with their own rules. A burgeoning body of case law comes down each year, attempting to define the ethical and legal obligations of parties and counsel when preserving, collecting, reviewing, and producing electronically stored information.

The result is a fundamental change in litigation practice. The enormous costs of e-discovery drive settlement strategy in commercial litigation. Divorce and trade-secret cases hinge on the contents of a party's hard drive. Product liability cases focus on the output of digital sensors. Technology-savvy attorneys use their expertise to contest the authenticity and probative value of key pieces of evidence. Parties seek arbitration or trial venues based on the protections and burden of discovery rules. Individual rights and the integrity of governmental evidence are at risk in criminal cases that rely on digital information, and attorneys and litigants are sanctioned with alarming frequency for failure to properly manage e-discovery. Mastery of e-discovery is a differentiator for clients choosing counsel and for law firms in the hiring of young attorneys.

This is a survey course, to familiarize students with foundational concepts, and to delve into some of the more challenging questions that e-discovery poses. It will also look at the tools lawyers use to manage digital evidence. The course will include a combination of lecture, discussion, and practical application, allowing students an opportunity to explore issues and practice their advocacy and problem solving skills. Readings will consist of case law, statutory and regulatory guidelines, ethical guidelines, research, and white papers. Grading will be based on class participation, group exercises and a theme paper. Prerequisite: Civil Procedure. (Rizzolo and Warner)

Bar

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. 

Experiential

Skills

The expert witness is a powerful weapon in a trial attorney's arsenal. Expert Witness Theory & Practice gives students the opportunity to learn about expert witnesses and work with experts in a mock trial environment. During this two credit hour course, students will learn who can be an expert, what an expert can testify about, the pretrial disclosure requirements for experts, differences between Illinois and federal law regarding experts, and the fundamentals of direct and cross-examination of experts. Students will then participate in simulations including a discovery deposition and a mock trial where students will present and cross-examine psychology graduate students serving as expert witnesses. Students will be graded on their performance of these exercises as well as written exercises and classroom participation. The mock trial will serve as the final examination for the course. Completion of Trial Practice or Evidence is highly recommended.

Experiential Learning
Skills

Students who have completed all first year courses (Civil Procedure, Contracts, Constitutional Law, Criminal Law, Property, Torts, and Legal Writing) and who wish to receive graded credit for work performed in an approved field placement may apply for this externship. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Rule 711 license. Students enrolled in this course may receive two or three hours of graded credit for supervised work performed in an approved field placement. This externship includes a classroom component that focuses on the performance of discrete legal tasks. It has been designed to allow students an opportunity to further develop practical lawyering skills. Students will be graded on classroom participation, simulations, practice area based drafting and research assignments, and field placement evaluations. There will be no final examination. (Gough)

Experiential Learning
Skills

Students will follow the evolution of a federal criminal case from investigation to trial.  The class will focus on one mock problem— which will likely be a federal narcotics investigation that resulted in a two-count indictment.  The indictment will allege that the defendants conspired to distribute more than 280 grams of a controlled substance and that they indeed distributed the controlled substance.  Because it will be too complex for a one-semester course, I do not recommend that the mock problem include a Title III investigation. The class will be divided into three parts: 1) Investigation 2) Suppression Hearing and 3) Trial. (Tracy)

Skills

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)

Experiential Learning

Skills

The purpose of the Federal Tax Clinic is to educate the student in the practice and procedures 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)

Experiential

Skills

The purpose of the Federal Tax Clinic is to educate the student in the practice and procedures of federal tax law and dispute resolution before the Internal Revenue Service (IRS) and the United States Tax Court. Federal Tax Clinic II affords students from the tax clinic the opportunity to carry their cases through to completion. It is more independent and sophisticated than tax clinic I. Students continue to develop the skills that they learned in tax clinic I, including client interviewing, negotiations, tax litigation, correspondence with the IRS, and preparation of petitions to Tax Court. Federal Income Tax and Tax Clinic I are prerequisites.

Skills

This course will cover key areas of health care litigation. Students will explore the substantive and procedural law of medical negligence litigation and learn about pretrial matters such as drafting pleadings, motions and deposing experts. Students will have the opportunity to develop trial techniques including preparing direct and cross examinations. They will also be able to participate in a medical negligence mock trial. Additional topics will include compliance and internal investigations, licensing procedures, technology litigation, managed care litigation, and ERISA preemption. (Burke)

Experiential Learning

Skills

The Health Justice Project is a live-client law school clinic that provides law students with an intensive, challenging education in the fundamentals of legal practice, systemic advocacy, interdisciplinary collaboration, creative problem solving and professional values.  Through direct representation of clients and participation in an interdisciplinary medical-legal partnership, students address the social, legal and systemic barriers that prevent long-term health and stability for low-income individuals and families in Chicago. Case subject matter may include housing, public benefits, disability and other areas of law. Enrollment in the Clinic requires a significant time commitment and flexibility in the student’s schedule.  Students are required to attend hearings and court appearances, participate in an interdisciplinary partnership and tend to other client matters throughout the semester.  Students must be available to participate in a mandatory orientation prior to the start of the semester. Faculty permission required.

Skills

The sexual exploitation and trafficking of minors has reached a crisis point, both in the United States and abroad. The United States Congress has responded to this ever-increasing threat by passing extensive legislative enactments aimed at deterring this pernicious activity, providing severe – and often controversial – punishment for those who engage in it. While federal and state prosecutions in this area are at an all-time high, law enforcement and prosecutors continue to miss critical opportunities because they fail to fully understand the nature of the threat, and lack a solid grasp on the integrated arsenal of statutory tools at their disposal. Similarly, members of the judiciary, as well as victim advocates and pretrial service officers, may appreciate the laws on the proverbial books, but often lack familiarity with the sophisticated means employed by organized criminal group and the role of public corruption involved in the large-scale exploitation of children. They also misunderstand the rationalization through which individuals engaged in the exploitation of children tend to self justify their conduct, and have never confronted the statistical realities challenging the belief in meaningful rehabilitation of sex offenders. Put simply, although the complex and inter-related legislative anti-exploitation and anti-trafficking framework is now the firmly established law of the land, its theoretical and practical nuances are widely misunderstood, and indeed are all too frequently not understood at all, by the very professionals entrusted with the difficult task of protecting humanity’s most vulnerable.

This seminar will start with the statutory analysis rendered more comprehensible through the vehicle of real-world examples from the experience of Judge Kendall who will explain the history and present-day reality of the federal response to child exploitation. The seminar will analyze the various laws that govern the roles of the stakeholders: prosecutors, defense attorneys, judges, immigration officials, pretrial services officers, and victim advocates. The seminar will further explore all of the victim issues that make these cases complex and challenging. Students will explore victims' needs, rights, and opportunities for redress including restitution and expungement of criminal records. Students will hear first hand from federal agents who have prosecuted human trafficking cases; will see and hear the evidence presented to federal juries, will hear from a victim of the crime, and will learn from those victim advocates who seek to redress the harms inflicted upon victims.

The seminar will span two days and have multiple speakers and employ an interactive question and answer format. Students will be required to submit a 15 page paper on a topic of interest from the seminar for a final grade.

The Instructor: Honorable Virginia M. Kendall

Bar 

Skills

Ninety percent of all litigation is in the state courts. If you plan on practicing in the Illinois state courts, you have to take this class. Teaming a star civil litigator with two veteran judges, this newly redesigned course will focus sharply on the crucial knowledge and skills needed to survive the confusing and hectic court system. Eliminating a final exam, the course will test your written and oral argument skills in a more realistic way in the context of the labyrinth of procedural rules and statutes that govern different phases of civil litigation in Illinois. Using actual cases, students will learn how the rules apply to the facts and substantive law in a concrete way, as well as how to argue issues arising in the pre-trial setting. If you want to study obscure or never-to-be-repeated scenarios, this course is not for you. Instead, we plan to pare down the syllabus and study pleading skills, motions to dismiss, discovery, summary judgment and the other litigation skills that dominate the life of a civil practitioner. Because so many graduates are now thrown directly into the courtroom either as solo practitioners or litigation associates, the course has been reshaped to be immediately useful the first time you head up to court. (Donnelly, Tailor, Kotin)

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)

Arbitration is increasingly the dispute mechanism of choice, particularly in international disputes. In private international commercial arbitration, neither party wants to be required to resolve a dispute in the foreign court system of the opposing party. In state to state arbitrations, and in state to private company arbitrations, no sovereign state is willing to be subject to the jurisdiction of another sovereign state. Thus, as international business and investment has grown, so has the prevalence of arbitration to resolve international disputes. This course will focus on various forms of international arbitration, whether between two private companies from different countries trying to resolve a contract dispute, two sovereign nations involved in a border dispute, or an investor and a host country dealing with an investment dispute. No prerequisite is required.

Experiential Learning
Skills


(This class is limited to 16 students)

The course uses as a focus the Willem C. Vis International Moot Arbitration Competition. Sponsored by Pace Law School, the Vis Moot is based on a problem governed by the U.N. Convention on Contracts for the International Sale of Goods (CISG). In the spring, an oral competition is held in two different venues, Vienna and Hong Kong. Recently, Loyola has been able to send a different team of students to each of the venues. The course includes about three weeks of study of the CISG, as well as approximately three weeks of study of international commercial arbitration, including basic laws and rules, how to draft an arbitration clause, how to choose an arbitrator, and how to participate in an arbitration as an advocate and as an arbitrator.

While the first half of the semester is spent learning about the CISG and arbitration, the second half is spent putting that knowledge into practice. When the problem on which the Moot Competition is based comes on line in October, students work collaboratively to draft Claimants' and Respondents' memoranda. The Claimant's memorandum is due in early December, and the Respondent's memorandum is due in late January. Students also present an oral argument before arbitrators from Chicago law firms, at the offices of the respective law firms. At the end of the semester, a second oral argument is held at the law school, after which students are chosen who will have the opportunity to compete in Vienna and Hong Kong during the spring semester, for an additional two hours of credit.

Through the emphasis on both brief writing and oral arguments, students make significant progress in their skills as advocates, as well as their understanding of dispute resolution in an international context. Their accomplishments have been well recognized in both competitions. More information about the Vis Moot is on the Pace Law School Website: www.cisg.law.pace.edu/vis.html.

Eligibility: If a student is part of a moot court team that will be arguing in the fall semester, he or she is not eligible to take this course, since this is a skills-based course requiring substantial out of class effort in both brief writing and oral argument. If a student is part of a moot court team that will be arguing in the spring semester, he or she is eligible to take the course in the fall, but will not be eligible to compete to be an oralist in the Vienna or Hong Kong competition. Corboy Fellows are not permitted to take this course. The course is not open to LLM students, unless they wish to audit.

Important: Permission of the professor is required. In order to apply, please submit a resume and a statement of interest to Professor Moses, mmoses1@luc.edu explaining a little about your background, and why you are interested in taking this course. (Davis, Moses)

Skills

This course will focus on various legal and practical considerations that attorneys must face both during and following the jury selection process. The course will cover: Constitutional issues; what must be proven to establish bias; the role of trial consultants (particularly in high profile cases); challenges to the array, challenges for cause and peremptory challenges; timing and procedural limitations; the significance of group dynamics; questioning techniques and the use of questionnaires; problems at trial and during deliberations; and the extent to which the parties may be entitled to examine prospective jurors in various areas of inquiry (such as occupation, education, knowledge of the case, legal and government experience, religious and educational beliefs). Students will participate in a mock voir dire, prepare a draft questionnaire and complete a brief (5-7 page) paper on a topic to be selected in consultation with the instructor. (Donner)

Skills

This course focuses on ethics and professional responsibility issues specific to the litigation context. It will address the core principles in the Model Rules of Professional Responsibility pertinent to the litigation practice: competence, communication, candor, confidentiality, conflicts of interest and client control. These topics will be considered in a "real world" situation format. In addition, certain practice issues such as engagement letters, fee agreements, termination of representation and disengagement, false testimony or evidence and corrective measures, safeguarding privileged communications and client confidences, multi-jurisdictional practice, supervisory responsibility, lateral mobility, malpractice insurance and professional discipline and other consequences of rules violations or other misconduct will be taken up and discussed. There is a paper obligation and a responsibility to present that paper in class, but no exam. (Wiseman)

Skills

This course will focus on the steps involved in litigating a federal civil case up to trial, including drafting and responding to complaints, motion practice, discovery rules and techniques, including the newly regulated area of rediscovery, presenting evidence to the court to obtain summary judgment and other pretrial procedures highlights include drafting pleadings and memorandum, understanding and applying court procedural rules, and analyzing and presenting the evidence through briefs. This course is designed for those interested in the private practice of civil litigation. (Ross)

Experiential Learning

Non-Graded

This course is the second credit of a two-credit ungraded program.   To prepare for the visit to London, students are required to take Introduction to the English Legal Profession (1 credit) during the fall semester prior to the trip.  Participants are then required to register for this course in the spring semester after the conclusion of the trip to London.  Students are required to submit a 20 page research paper by a deadline in May on a topic approved by the instructor.

Each year, students are selected to travel to London for about two weeks between semesters.  In London, students engage in a number of activities focusing on the British legal professions, the system of advocacy and legal history.  For students who hope to be selected for the program, completion of Trial Practice I is recommended.  Applications for the program are due each April and the program faculty selects the participants for the following year. There are always far more applicants to the program than available space. (Faught)

Experiential Learning
Skills

406 - Mediation Advocacy (3)

Skills 

Experiential Learning

Students in this course will be trained to become certified mediators and then develop their mediation skills through hands-on experience mediating in court. The course starts with a mandatory intensive mediation skills training conducted by the Center for Conflict Resolution (CCR) at the beginning of the semester. The course will thereafter meet once a week in seminar to discuss, practice and improve upon student mediation skills. Students who complete the skills training portion of the course and meet all of CCR’s certification requirements will be certified as CCR volunteer mediators and mediate actual cases in Cook County courts while continuing to meet in class once a week to discuss and build on what they learn in the mediations. Upon completion of this course and the CCR certification process, students will be able to continue volunteering as mediators for CCR, as long as they continue to meet CCR’s volunteer requirements. There is no prerequisite for this class; however, preference will be given to students who have already completed a mediation or negotiation course. (Block, Eatherton)

Skills

This mediation course allows students to mediate family cases through several community projects. Students are required to have participated in some type of 40-hour mediation training in order to register for this course. These students receive additional training in family mediation, co-mediation and related issues. Students mediate in family group conferences and other multiple party mediations. Students participate in multiple simulation and mediations and receive feedback on their skills. The course meets once a week for the two hours for most of the semester, however students are also required to mediate at other times during the semester. There is no examination. Grading is based on participation in mediations, simulations and discussions and self-evaluations. Students may take the course for 1 or 2 credits. For 2 credits, a paper on mediation theory or practice is required. Where the student is taking the course for 2 credits, the research paper is included in the grade. Enrollment is limited to eight students.

Experiential Learning
Skills


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)

Experiential Learning 

Skills

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)

Experiential Learning
Skills


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)

Skills

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.

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

Skills

This course offers an introduction to the art and science of preparing patent applications and prosecuting patent applications in the U.S. Patent and Trademark Office. While a discussion of selected statutory requirements and Patent Office rules will be incorporated in the lectures, the focus of the course will be on hands-on drafting and strategy. In-class exercises and homework assignments include drafting claims and various parts of a patent application, as well as preparing responses to Office Actions. There are no pre-requisites for this course, although a technical background or comfort with describing technology would be desirable. (
Freeman, Hetz/Genin, Nethery, Penn)

Skills

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.

Skills 

Non-Graded


”Daley Center” is a practical course to acquaint the future attorney with the Circuit Court of Cook County, which is one of the largest unified court systems in the world, handling more than 2 million cases annually. It is divided into eight divisions and six municipal districts with over 400 judges hearing cases daily. This course focuses on the Daley Center which is the hub of all legal activity in the City of Chicago and is the busiest of the circuit districts. It will give the provide a familiarity with the various structures, functions and operations within the Daley Center, which houses 120 court and hearing rooms, related government agencies and the Cook County Law Library (one of the largest law libraries in the nation).

This course is essential for the prospective attorney who intends to practice in Chicago and the surrounding area. It will provide practical guidance to handle a lawsuit from its inception to initial hearing before a judge.  It will teach procedure both outside the courtroom as well as before the court.  You will learn the process for filing a lawsuit with the Clerk of the Circuit Court, serving the lawsuit through the Sheriff of Cook County, and prosecuting the suit before the court.  The course will focus on the five divisions of the County Department (Chancery, County, Domestic Relations, Law and Probate) housed in the Daley Center in addition to the First Municipal District of the Municipal Department. It will also present an opportunity to learn from and interact with practicing attorney through discussion, lectures and presentations. The advice these seasoned practitioners offer will be invaluable to the newly-licensed lawyer who will benefit greatly from their experience, guidance and direction regarding the proper practice of law and appropriate demeanor before the bench.  You will understand the daily operations of the various courtrooms and the role and function of each person assigned to the court. Additionally, you will learn the functions of the courtroom and clerk’s offices through on-site observation of morning court calls, filing and scheduling motions, viewing motion practice and an introduction to the Cook County Law Library and its helpful staff. This will be a non-graded course.

Bar
Skills


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)

Bar

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)

Bar

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)

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)

Skills

A practical skills course on 4th Amendment/Search & Seizure law as it applies in Illinois, and how the most common issues are litigated in criminal cases. The class explores applicable Illinois statutes, Illinois Supreme Court rules, and federal and state case law that sets forth the prevailing legal basis for individuals’ rights against unreasonable search and seizure. Taught by a Cook County Assistant State’s Attorney and with question and answer sessions with a defense attorney and law enforcement; the course takes a balanced look at both the prosecution and defense approaches to Motions to Quash and Suppress, the bread and butter of pretrial litigation and the chief avenue for deciding 4th Amendment issues. After learning the legal basics, students will be tested on their ability to identify and analyze Search & Seizure issues in various scenarios and argue for or against 4th Amendment violations, as well as practice some basic motion writing and oral arguments.

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.


Students may also take the course for three credits by participating in additional small group seminar meetings to discuss course topics of interest in more detail. A student interested in the additional credit hour would have the option to write an additional paper of publishable quality that could be published in Loyola’s e-journals, conduct a training for parents or professionals through an outside organization, or complete other additional course assignments of interest to the student and approved by the instructor.

Skills

Experiential Learning

This one credit hour course will provide students with an intensive simulated experience in the various processes of resolution of special education disputes. Areas addressed will include some or all of the following: contested IEP meetings, manifestation determination reviews, resolution meetings, mediation, and due process hearings. Assuming the roles of parent legal advocate and school district counsel, students will develop a practical working knowledge of federal and Illinois statutes and regulations governing special education dispute resolution; develop a legal understanding of, and working familiarity with, student special education records and documents; and learn how to interview and prepare clients, witnesses, school personnel, experts, and others for their respective roles in the dispute resolution process. (Hirsman/Johnson)

The aim of this seminar is to provide students with a deeper understanding of the Supreme Court of the United States, its personnel and work, and the important role it plays in American government and society. Students will consider the processes by which Justices are appointed to the Court; the standards and processes the Court uses to choose cases for review and decision on the merits from among the multitude decided each year by the lower courts, leading to the creation of precedents of national applicability; the ways in which advocates endeavor to persuade the Court that it should (or should not) grant review in a particular case; and the ways in which the so-called “merits cases” (those in which review has been granted) are briefed, argued, and decided. A substantial part of the semester will be devoted to the study of a small number of cases currently pending before the Court, either as candidates for review or for decision on the merits. Students will learn about the work of the Court by studying briefs that were actually filed and transcripts or recordings of oral arguments. The class will also discuss cases by simulating the Court’s conference. Students will be required to write a series of short papers and a judicial opinion in one of the merits cases to be discussed. (Sullivan)

Perspective Elective

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. (Heard, Moses, Walker)

Experiential Learning

Skills

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. 
* When this course is offered in January, it is enrollment by instructor's permission only.

Experiential Learning

Skills

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)

Experiential

Skills

The course requires instructor permission for enrollment and is limited to students that are currently enrolled in the trial practice competition course or the Corboy Fellowship.  Students are asked to prepare and compete in one or more mock trial competitions in addition to the competitions that are part of the trial practice competition course or the Corboy Fellowship program. Variable graded credit is available from one to three units depending on circumstances as determined by the instructor.

Loyola

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