These elective courses examine perspectives on the Law and Justice. All first year full-time students must register for one of these electives in the spring of their first year. All other students must complete one of these electives after their first year and before graduation.
- 745 - Access to Health (2-3)
Access to Health explores the legal, political, environmental, financial and medical issues surrounding access to health in the United States and internationally, with particular emphasis on people who are experiencing poverty and the uninsured. The course is complemented with an optional spring break field study to an impoverished region in the United States or abroad. The course incorporates experiential learning through final projects with local and national organizations.
- 469 - Advanced Torts: Perspectives on Tort Law (3)
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 speech torts such as Defamation, Privacy and Intentional Infliction of Emotional Distress, among others. More significantly however, we will also consider difficult ethical and business problems confronted in practice, many of which stem from competing theories about the purpose of the tort regime. The readings for the semester include, in addition to the casebook, carefully selected essays, many of which are highly critical of the status quo. 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.
- 715 - Bioethics and the Law
This course provides an overview of American law as it relates to emerging ethical issues in medicine and health care. It is intended to give students an appreciation of the ways in which medical practice and decision-making are guided by modern American principles of constitutional, tort, administrative, and criminal law. Students will learn how the law’s regulatory powers have been used to set boundaries in medicine, and, in turn, how theories of medical ethics and practice have informed modern legal developments. Topics covered vary from year to year, but may include issues in end-of-life care, research ethics, reproductive autonomy, distributive justice, and genetic technology. (Sawicki).
- 185 - Business and the Law (enrollment limited to first-year students)(3)
The majority of practicing lawyers represent businesses or individuals with business or investment interests. Unfortunately, the majority of law students have had limited exposure to business law and the first year curriculum offers few opportunities to explore this area. This course is intended to expose first year law students to the fundamental issues and perspectives that pervade business law. The goal is to make these topics accessible to all students, particularly those who have not taken many, if any, undergraduate courses in business, economics or accounting.
The course will be divided into three segments. The first segment, entitled "The Law of Business," will introduce students to fundamental business and tax law concepts as well as transactional issues that business lawyers confront. These issues include the alternative ways of organizing a business (corporation, partnership or limited liability company) and the alternative ways of structuring a business acquisition or merger. The second segment, entitled "The Ethical Practice of Business Law" will explore the pressures on new lawyers to conform to an existing culture, how lawyers get into trouble, and how business law can be practiced in an ethical manner. The third segment, entitled "Developing a Financial Mindset" will introduce planning tools (e.g., the time value of money, compound interest) and the planning process in the context of both personal financial planning and business planning. Certain classes may be taught with other professors and practicing lawyers.
There will be no final exam in this course. Students will be required to take a mid-term exam and to submit a short final paper. Class participation may also be taken into account. Students will also be expected to read the Wall Street Journal on a daily basis. (Kwall)
- 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.
- 574 - Canon Law and Ecclesiastical Administration (2)
While the Catholic Church ultimately exists for spiritual purposes, religious institutions must operate in the real world of human resources, leadership development, strategic thinking, communication, marketing, property and finance. Canon law is the Church’s own legal system that regulates ecclesiastical administration. In order to function effectively in this environment, knowledge of the Church’s legal system and how it interacts with civil law is essential for lawyers and administrators responsible for the management of ecclesiastical entities such as Catholic hospitals, universities, social service agencies, dioceses and parishes.
Examples of specific issues would be in the areas relating to Catholic identity, sponsorship, mergers and joint ventures involving Catholic schools and health care institutions; incorporation and tax-exempt status of religious organizations; the acquisition and sale (alienation) of ecclesiastical property; wills, estates and bequests involving ecclesiastical goods and offerings for Masses; liability for clergy and employee misconduct; immigration law aspects of foreign religious workers; and the interface between government regulations and the Church’s ethical and religious directives.
Canon Law and Ecclesiastical Administration should be of particular interest for law students and business students interested in the management of health care and educational institutions, as well as for those interested in comparative law. 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 of canon law and ecclesiastical administration. (Bishop Paprocki)
- 601 - Child, Parent and State (3)
This course counts as a Perspective Elective course.
This course examines the legal relationships among children, family and the state, primarily in the context of issues over which juvenile courts traditionally have jurisdiction. The subject matter is divided into two sections, the first dealing with the constitutional and statutory rights of juveniles involved in the criminal justice system and the second focusing on civil matters including neglect, abuse, termination of parental rights, adoption, and children's right to treatment issues. (Burns, Coupet, Geraghty)
- 663 - Children's Summer Institute (2)
This intensive, week long seminar provides a wide-ranging interdisciplinary exploration of critical issues affecting children. A diverse team of faculty offers interdisciplinary perspectives on the meaning of "best interests of the child" particularly as it relates to balancing legislative mandates and "best interests." Experts from history, political science, psychology, social work, law, education, and medicine present information, participate in discussion with the attendees, and debate the issues from the perspectives of their own professions. Faculty provide both a theoretical framework for examining the issues, as well as practical experiential learning. Various education methods are employed including case studies, lectures, outside speakers, field trips, role-playing exercises, group projects and hands-on learning activities. (Weinberg)
Description for the 2011 Children's Summer Institute Program: This year's Children's Summer Institute will focus on permanency considerations concerning children in the child welfare system, with an emphasis on disparities in decision making in the child welfare system and the resulting disproportional representation of minorities in child welfare systems across the country.
For more information about the class, or permission to register, contact Professor Weinberg at email@example.com or 312-915-6482.
- 322 - Comparative Health Law and Bioethics (1)
The field of health law offers a fascinating platform from which to compare foreign legal systems. By understanding the wide variation in how different nations approach controversial issues of health law and bioethics, students will develop the skills necessary to critically evaluate their own countries’ policies from an international perspective. (Study Abroad Rome Program)
- 561 - Comparative Education Law and Policy: Early Childhood Education (2-3)
This unique course will immerse students in a comparative analysis of early childhood education law and policy. The course begins with an exploration of the legal and political structure of American early childhood education, including issues such as: (1) the role of the national and local government in regulating education; (2) the constitutional right to education; (3) the governance of educational institutions and the shaping of curriculum; (4) the rights and responsibilities of teachers; and (5) the image of the child. The American legal system’s resolution of these issues is then compared to the resolution of these same issues by legal and educational systems in other countries, particularly those in Italy and Finland.
One focus of the class will be the world-renowned approach to preschool education developed in Reggio Emilia, 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 explore 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. In addition, the class will examine the internationally acclaimed educational system in Finland to determine whether its successes can be replicated in the United States.
Students will be required to participate actively in class exercises and projects, to present material to the class, and to write a 10-15 page analytical, research or policy paper that addresses an issue raised by the class.
- 752 - Comparative Health Law (1-2)
This course explores the health care system and relevant laws of the host country in which it is being taught. Generally offered in China, the course will explore the evolution and development of the Chinese health system from the days of the bare foot doctor to the national health reforms initiated under President Hu, guaranteeing all Chinese citizens equal access to basic health insurance. The course will consider public health policies in China with a focus on infectious disease prevention and control integration of traditional medicine with Western medicine, birth control and family planning, environmental health, smoking, food safety and the impacts of aging on health. Comparisons will be drawn between China and other Asian countries as well the United States and Canada.
- 256 - Comparative Issues in Law and Religion (2)
This course will examine the way the three Abrahamic Faiths (Islam, Judaism and Christianity) consider legal and policy issues. For instance we will look at the three faiths regarding various issues surrounding human rights and life and death issues such as: justified uses of war and violence; conscientious objection; end of life issues; capital punishment; criminal responsibility for causing death; positive duties to the poor and needy; and how the common good is described by the three religions. How do the three faiths envision translating their perspectives on the issues into civil law, and what are the proper limits on enacting religious perspectives into positive law?
- 172 - Comparative Law (2)
This course is designed to introduce students to the purposes, methodologies and substance of comparative law as a legal discipline. The course will give students a grounding in the nature and the elements of the practice of law in different legal systems; develop in students an appreciation of the social, political, historical, economic and cultural factors that are reflected in various legal systems; and prepare students for the study of more specialized courses in the comparative law area. Students will study and compare legal systems in the common law tradition (not just the U.S. but also the U.K. and possibly India and/or other countries) and those in the civil law tradition derived from ancient Roman law (looking primarily at France, Germany, Italy, and probably Chile and perhaps other countries). Through this course, students should come to appreciate how all modern legal systems, and the actors in those systems (lawyers and judges), address the same human problems - and how their methodologies differ based on interconnected factors of legal education, the nature of legal practice, legal institutions, and the society and culture in which they operate. (Haney, McCormack)
- 172 - Comparative Law: Development of the Common Law (2)
This course is designed to introduce students to the early development of the common law and legal structures of the early English judicial system. Topics will include the development of the legal profession, chancery and the jury system. Attention also will be given to the modern English legal professions, legal education, the court structure of England and Wales and the relationships between modern European Institutions and the legal institutions of England and Wales. Students will be expected to produce a paper at the end of the semester on a relevant topic that is approved by the instructor. Note that this class is most often offered as part of the Comparative Law class in Loyola's Study Abroad Program in Rome. (Faught)
- 461 - Education Law and Policy (3)
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)
- 568 - European Union Law (3)
The course is designed as a general introduction to the legal system of the European Union. It covers both its constitutional and institutional structure and focuses on specific key areas of substantive law. It starts by introducing the history and sources of the European Union's legal order, and then moves into the EU's legislative process, where it concentrates on the political and legislative functions of the various institutions and the division of competences between the EU and its Member States. The course pays particular attention to the role of the judiciary in shaping the EU's legal order. The European Court of Justice developed the fundamental notions of direct effect and supremacy of European law. Those notions, through which rights are created for European citizens, are examined, and the course subsequently turns to how those rights can be enforced. The course will also examine the ongoing effort to adopt a constitution for Europe. Throughout, the class explores policy, as well as legal considerations, and comes in close contact with EU cases and materials. (Fabbio)
- 388 - Global Access to Medicine: A Patent Perspective (2) (enrollment limited to first-year students)
This course considers how patents impact access to medicine in today’s global economy. While there are many issues that impact access to medicine, patents are the highlight here because patents are often poorly understood, yet have an enormous impact on access to medicine. After all, the existence of a life-saving or sustaining drug is essentially of no utility if it is priced beyond reach. This class aims to broaden students’ consideration of different views of patents in the context of exploring a growing web of international agreements that require nations to adopt specific types of patent laws that have implications for the cost of drugs. No prior knowledge of patents or international law is required, although students will learn some aspects of each by the conclusion of the course. Student grades will be based on class participation and a final project that does not require outside legal research; there will be no final exam. This is a 1L perspective elective open only for 1L students.
- 603 - Interdisciplinary Seminar on Domestic Violence (3)
This seminar explores issues of family violence, with an emphasis on domestic violence, through an interdisciplinary lens. An overview of the laws, public policy, and psychosocial approaches and trends addressing family violence issues. The course seeks to provide an opportunity for students in different disciplines to learn about the theories, philosophies, ethics, and practices of the range of professions that must confront family violence issues, and the impact of decision making in one forum on the practices and decisions made in another forum. Student are challenged to consider the strengths and weakness of the responses of various disciplines, and their interaction.
- 118 - International Art Law (1)
This course will explore the international legal aspects involved in the art industry. For this one credit course, the materials will focus on the acquisition and ownership of art that crosses borders. Specific questions will include the acquisition of works of art privately through foreign dealers or galleries, or by way of auction, and the questions of competing title that arise over works of art or cultural property proceeding from war or peace time looting.
- 371 - International Business Transactions (3)
An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Haney, Heard, Moses, Walker)
- 288 - International and Comparative Competition Law (2)
This seminar will begin with a brief baseline description of some of the most significant features of United States labor and employment law. Comparative materials will then cover the basic employment laws of Canada and Mexico. We will then look at the regional regime established in the NAFTA labor side accords. Next we will move to Europe to study the employment laws of the United Kingdom, Germany and France, followed by the regional employment laws generated by the European Union. Following that, we will look at the employment laws of Japan, China and India. The final focus of the seminar will be on International labor law, particularly the International Labor Organization. (Zimmer)
- 294 - International Human Rights (2)
This course examines the civil, political, economic and other rights secured to individuals and groups by international law. It examines the major source of those rights, including the United Nations and regional organizations, and it discusses the substantive content of those rights. Particular attention is given to how those rights are enforced, from judicial decisions in national and international tribunals through other mechanisms developed in various international and regional settings, including the role of NGOs. No prerequisite. (Haney, Shoenberger)
- 521 - International Sales Law (1)
The course focuses on the law governing the international sales of goods, with a particular emphasis on the United Nations Convention on Contracts for the International Sales of Goods (the "CISG"). Topics including the scope of the CISG, contract formation under the CISG, buyers' and sellers' performance obligations under the CISG are compared and contrasted with corresponding approaches under British and American law (particularly with regard to Article 2 of the American Uniform Commercial Code). Attention is also paid to risk-of-loss issues arising in relation to the International Chamber of Commerce's commercial delivery terms ("incoterms"). (Williams)
- 207 - Internet Speech Seminar (2)
The course will explore First Amendment jurisprudence as applied to Internet communications as well as the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography. Other topics covered include on-line defamation, including immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications, privacy interests, data mining, on-line profiling, as well as regulatory and statutory approaches to privacy protections. Some attention will be paid to copyright and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. This course will be a 2 hour course with an examination. Students interested in writing a paper may do so for an additional hour of credit. (Shoenberger)
- 177 - Introduction to Chinese Law (1-2)
This course aims to provide students with an overview of the modern Chinese legal and political systems and lawyering in China. As an economy and society in transition, China has undergone tremendous changes and is facing many challenges while it seeks to transition into a market economy with Chinese characteristics. Our class discussion will focus on the issues that China is trying to address and the pitfalls of which international legal practitioners should be aware of when representing clients doing business in China or with Chinese companies. The course consists of two components (with a little Chinese culture, language and survival tips sprinkled in as appropriate): 1. an overview of the historical foundations of Chinese law and the present legal system and political institutions in China; and 2. a brief introduction of Chinese laws applicable to US companies doing business in China. When necessary and/or appropriate, this course may be co-taught by a lawyer/practitioner active in the Chinese legal market. (Study Abroad China)
- 459 - Introduction to the English Legal Profession (1)
This lecture series is a mandatory preparatory course for students who have been selected to participate in the annual London Comparative Advocacy Program. It explores a variety of issues pertaining to the English history and its legal professions. 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 professions and the history of London. (Faught)
- 710 - Introduction to Health Law (3)
This course provides a broad survey of the most fundamental legal issues surrounding the delivery of health care in America. No prior knowledge of health law is required. Major topics include state and federal regulation of health care providers and institutions; tort liability in the context of medical care; patient and provider rights and obligations; public and private insurance systems; and basic issues in bioethics and public health. By the end of this course, students should understand both the current state of American health law, and the social forces that have shaped its historical development. (Blum, Sawicki, Singer)
- 319 - Jurisprudence I (3)
This seminar attempts to identify the philosophical underpinnings, moral standards and political presuppositions of various legal regimes. A series of short papers is required. There are no prerequisites. (Anastaplo)
- 320 - Jurisprudence II (3)
This seminar addresses the philosophical underpinnings, moral standards and political presuppositions of various legal regimes that are distinct from those studied in Jurisprudence I. A series of short papers is required. There are no prerequisites. (Anastaplo)
- 608 - Juvenile Justice Seminar (2)
This course will attempt to answer the following questions: How should society handle allegations of criminal behavior by children? In what way should the proceedings be designed to address the differences between children and adults? Who should decide whether a child should benefit from special treatment, judges or legislators? What responsibility do parents and communities bear in providing children an opportunity to change their behavior? How should the justice system and the school system interact? While the intersection between the child welfare and juvenile justice systems will be discussed, this course will not address child welfare practice generally or in much detail. Students will be required to prepare brief position papers during the term. The remainder of the grade will be based on performance in class and on a final examination or a major research paper written in lieu of the final exam. (Geraghty)
- 136 - Law and Catholic Social Thought (2/3)
This course introduces students to the major documents that comprise the Catholic Church's social teachings. The documents will serve as a basis for a broader discussion of whether the social teaching has anything relevant to say or should have to say about current trends in American law. Considers whether lawyers of faith are obliged to move the law in a direction that comports with their core religious values and how that can be done in a pluralistic society; whether Catholic social teaching offers ideas and values that might find broad-based acceptance; and what happens if a lawyer determines that the profession and/or the society are hostile to the values presented in the social teaching. A twenty page paper delving into a particular issue or subject matter will be required for successful completion of the course. (2 Credits; however, a 3 Credit option is available to those members of the seminar who write a longer paper of thirty pages.) (Araujo)
- 348 - Law and Poverty (3)
This course concerns those areas of civil law which most affect low income persons: landlord/tenant, federal housing, welfare, social security, Medicaid, Medicare, unemployment compensation, and civil rights. Other systemic issues will be explored, such as wealth discrimination, use of legal remedies to promote social change, and the delivery of legal services to low income persons. (Ramirez, Rose)
- 489 - Perspectives on the Law and Justice (2)
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)
- 360 - Products Liability Seminar (3)
This seminar will cover the fundamentals of products liability law and the complex evidentiary issues and strategy choices that lawyers face in products litigation. It will also address the effectiveness of the tort system to deal with injuries caused by products, the impact of tort reform on the evolution of products law, and the influence of political processes on product regulation. The course will meet for two hours each week. Students may submit a paper for an additional hour of credit. The grade for the course will be determined by a two hour examination.
- 479 - Transnational Dispute Resolution (3)
An introduction to the legal aspects of international business. The course emphasizes the legal problems associated with international trade in goods and foreign direct investment, and covers regulation at the private, national, and international levels, and also may include an extended treatment of international litigation problems and/or the role of the multinational enterprise in world business. (Heard, Moses, Walker)
- 462 - Transnational Law (2)
This course is designed to introduce 1L students to the many specialized areas that a practitioner of “international law” must consider in an era of globalization. No prior knowledge of international law is required. The course will discuss situations of current interest in the world, illustrating the inter-relationship of public international law (relations among states, individuals, NGOs and others), the law of international business and finance, comparative law (the common law and civil law traditions), institutions and procedures for the settlement of cross-border disputes, and U.S. law that bears on issues that involve one or more other countries. Specific topics to be covered will probably include modern piracy, Wikileaks, money laundering, human trafficking, and the like. (Haney)