Courses M - S
This course will teach students the fundamentals of traditional media law with a particular focus on the intersection between injury law and constitutional speech and press protections. This area of study poses intriguing questions about the American balance between the rights of individuals to protect their reputation and privacy and the rights of those who speak via media - whether traditional mainstream news reporters or citizens using social media platforms such as Facebook or Google Glass. In the words of former New Republic counsel Scott Gant, "we're all journalists now." As a result, it is almost inevitable that even lawyers whose practice does not focus on media will confront questions about rights and liabilities arising from client speech. In addition to discussing defamation and privacy doctrine, we will cover statutory regimes that apply to public speech, such as the privilege to protect sources and rights of access to government institutions and documents, and consider whether and how those statutes apply to both old and new media speakers. We will conclude with a comparative survey of media law. The United States takes a dramatically different approach to speech questions than other countries, and as speech increasingly crosses geographic boundaries, choice of law questions in speech cases are multiplying.
406 - Mediation Advocacy (3)
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)
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.
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)
Mediation is an alternative to litigation which enables disputing parties to negotiate their own agreed settlement. It involves an impartial third party neutral, the mediator, who assists disputing parties in this alternative dispute resolution (ADR) process. This course will offer an overview of mediation techniques, applications, and history. Through simulations and other in-class exercises, students will consider how mediation differs from other types of ADR processes, how mediation styles and models differ from one another, and how the role of the attorney-advocate changes during mediation. This course will be conducted in an intensive workshop format over the course of one weekend where students will role play as client and attorney. No textbook is required, nor is there a first assignment. (Green)
This course provides students with working knowledge of the business side of medicine; specifically medical record documentation, coding and billing. Non-compliance with rules and regulations on medical record documentation can result in refunds to health insurers, civil penalties, criminal proceedings, and/or exclusion from federal health care programs. Poor medical record documentation also puts patients at risk. This course will provide students with an in-depth knowledge of the legal role of the medical record, specifically in the context of obligations for the organization of the medical record and its support for reimbursement of services. Medical records must meet all State and federal legal, regulatory and accreditation requirements along with the Medicare Conditions of Participation. Upon completion of this course, the student will have an understanding of the components of the medical record, the types of coding used by different providers, the methods of reimbursement based upon the provider type and risks associated with non-compliance. (Meade, Morris)
The U.S. Medicare program is a health insurance program for the aged, severely disabled and people with end stage renal disease. As a major federal entitlement program, the Medicare program raises a host of legal issues for beneficiaries of the Medicare program and the providers and suppliers who provide health care services to these beneficiaries. This course is a survey of the important legal issues that health lawyers are likely to face in representing Medicare beneficiaries, providers and suppliers. This course also provides an overview of how the Medicare program affects the regulation of health care organizations and professionals.
This course introduces students to the cases, statutes, and legal doctrines relating to the rights, treatment, and commitment of persons with mental illness, developmental disabilities, or intellectual disabilities. Topics covered include: confidentiality of mental health records, forms of surrogate decision-makers (i.e. guardianship, powers of attorney), mental health treatment for minors, right to refuse treatment, special education, and the Americans with Disabilities Act (ADA). Students will discuss real-life cases and examples to compare and contract application of the law and policies. (Monahan, McCarty)
Mental health and substance abuse impacts everyone. According to the National Institute of Mental Health, in a given year approximately one quarter of adults in the United States are diagnosable for one or more mental illnesses. Additionally, one out of five children, either currently or at some point during their life, are diagnosed with a mental illness. Mental illness has a profound impact on children and families, including the legal response to these issues. Students will study the cases, statutes, and legal doctrines relating to the rights and inpatient/outpatient treatment of persons with mental illness or a developmental disability, with a special emphasis on children, youth, and parents and/or legal guardians. Topics covered include: informed consent to outpatient and inpatient treatment, admission/transfer/discharge, confidentiality of mental health records, litigation issues addressed by practitioners, and risk management strategies for mental health practitioners. This course will use cases and examples to compare and contrast application of the law and policies.
This course will introduce students to the issues that arise in merger and acquisition transactions. Students will study the legal framework within which m&a transactions and the negotiation and documentation of such transactions take place. Students will analyze the considerations involved in selecting various structural alternatives for m&a transactions, examine the dynamics of the m&a transaction negotiation process, investigate the various stages of m&a transactions and focus on the lawyer’s role in adding value to such transactions. Students will also have the opportunity to study, evaluate, draft and/or negotiate various types of documents that are commonly encountered in m&a transactions (such as, confidentiality agreements, employee retention agreements, investment banker engagement letters, letters of intent and purchase and sale agreements). There will be a take-home final examination. Students taking this class would benefit by having previously taken Business Organizations and Securities Regulation; these classes are not, however, required to take the course. (Slaughter)
This seminar surveys the domestic and international law governing the use of the U.S. military both domestically and internationally. Topics include the constitutional power to initiate military action abroad, the law regulating the military and its operations, and the permissible and impermissible domestic uses of the military. It will also briefly touch upon the constitutional rights of service members and introduce students to certain unique aspects of the military criminal justice system. Several short papers focusing primarily on the civil liberties of the public and of service members are required.
Since the onset of the global financial crisis, the role of the lawyer has expanded. Law firms and their clients alike expect new lawyers to not only understand the law but the basics of accounting and finance as well. This intensive pass/no pass course in accounting and finance is designed to help prepare law students for the demands of a career within a law firm.
Topics covered include:
- How to read and analyze financial statements
- How to calculate returns on investments
- How to value companies
- How to structure securities
Goal: To prepare law students for careers in a changing economy in which lawyers will be expected, and even obligated, to understand the intricacies of the business world.
Description: This Unique program was designed to bring the world of finance and accounting to aspiring lawyers. It seeks to offer law students an overview of business concepts most relevant to legal professionals and relates these concepts to a broad array of practice areas. The course progresses in order of difficulty beginning with basic elements of accounting and concluding with more advance concepts related to securities pricing.
Financial Statements: Analyzing financial statements has been a tsk traditionally performed by investment bankers and accountants. However, with accounting scandals threatening to erode confidence in corporate America, attorneys are taking on a prominent role in preparing and analyzing financial statements. Including the Balance Sheet, Income Statement, and Cash Flow Statement, this course is designed to give students an overview of accounting techniques and their relevance.
Financial Analysis: The process of analyzing financial statements is involved in virtually every business decision. As corporate managers and bankers rely more on the advice of their inside and outside counsel, it is now imperative that an attorney better understand basic business decision making tools. This course will allow students to understand different methods of analyzing financial statements, what they are used for, and who uses them.
Issues in Financial Reporting: In the wake of the massive corporate accounting scandals such as Enron, WorldCom, and Parmalat, the importance of detecting such fraud has taken on new proportions. No longer a matter reserved exclusively for accounts and financial analysts, accounting fraud is a concern of most attorneys who must be able to detect and report any suspicious of questionable reporting practices. This course is designed to equip students with the basic skills to determine signs of corporate accounting fraud along with guidance on what to do when confronted with such matters.
Corporate Finance: With Issues related to corporate finance becoming more relevant today than ever, the role a lawyer plays in structuring transactions, negotiating deal terms, and coordinating the underwriting process is becoming increasingly important. This course provides the basic tools to understand, apply and challenge most aspects of financial management.
Valuation: Valuation forms the cornerstone of nearly every business transaction. Whether it involves mergers and acquisitions, leveraged buyouts, venture capital, or real estate, a solid understanding of valuation will ensure an equitable transaction. Attorneys play an active role in these transactions but all too often become entrenched in the purely legal aspects of them. This course will help students to better understand the methodology and techniques behind various forms of valuation and in turn, better serve the needs of their clients.
Securities: Attorneys play a vital role in capital formation and deal structuring for companies of all sizes. This course is designed to offer students a better understanding of the financial instruments they help structure. Topics covered will include stocks bonds, and derivatives. Additionally, the course will explore these concepts in the context of real cases drawn from recent transactions.
Students will be responsible for class participation and a review project.
Open to: M.J. students only. This capstone class emphasizes the importance of legal compliance and ethics to the mission of the corporation and the business entrepreneur. Students will write a paper undertaking a legal case study of losses sustained by actual business (in reputation or otherwise) from acting in an unethical or illegal manner. The role of the corporation and the business leader in society is examined.
Open to: M.J. students only. This course is taken in the second semester of study and introduces agency law, partnership law, corporate law and the LLC. Principal emphasis is on the law as it applies to the organization and functioning of business entities, including the duties and obligations of managers of such entities. The course focuses on structure and mechanics, capitalization, distributions, organic changes, and duties and liabilities of directors, officers, and controlling shareholders. The federal securities acts are introduced with particular attention to Rule 10b-5. Substantial attention is given to the special problems of the close corporation.
This course serves as an introduction to the background, theoretical legal framework and development of international business transactions. Students will study the businesses and legal issues and strategies that impact international business transactions, gain insight into the dynamics of negotiating and structuring international business transactions and learn about the role that lawyers and legal professionals play in international business transactions. Course material includes two primary course books, an anthology and additional supporting materials.
Open to: M.J. students only. This course is taken in the first semester of study to gain an overview of the structure and functioning of our legal system. The class introduces the basic law school curriculum from a business law perspective including: Constitutional Law; Contracts Law; Torts Law; Civil Procedure; Criminal Law; and, the UCC. Students are also introduced to legal analysis and reasoning, including how to read and analyze written judicial opinions and statutes. This course also provides an overview of the laws that affect businesses day-to-day including ethical business conduct policies, consumer protection, human resources and employment issues, real estate, intellectual property and corporate governance.
Open to: M.J. students only. This course introduces legal research methods and principles of legal writing in the first semester of the program. Through a series of exercises on relevant topics, students will refine their writing skills. By researching and writing on varied issues, students learn to apply legal research techniques. Students read and analyze legal authority and learn how to apply legal authorities to particular fact situations. Through a series of legal memoranda writing assignments, students develop their analytical and writing skills. Computerized research techniques are included in the course.
This course serves as an introduction to contractual, priority of right, and title assurance issues involved with transferring real estate. The course will cover the life cycle of a residential real estate purchase from the pre-contract period through closing. Course material includes an introduction to residential real estate markets and professionals, the title system, mortgages and deeds of trust, foreclosures, land contracts, liens, ownership forms, residential loan closings, and an introduction to selected basic commercial real estate issues.
Open to: M.J. students only. This course will focus on the basic principles of the Securities Act of 1933, which sets forth the requirements for registration of all securities sales unless an exemption is available. The course will cover the concept of what is a security, the registration requirements of Section 5 of the '33 Act, the exemptions from registration, particularly the intrastate offering exemption (Section 3(a)(11) and Rule 147); Section 4(1) and 4(2) (and Regulation D) regarding private offerings; Rule 144A "big boy" transactions and certain other exemptions; the timing and rules for preparation of registration statements and prospectuses under Section 5; key aspects of Regulation Sarbanes-Oxley; the consequences of the failure to register (Sections 11, 12, 13 and 17); jurisdiction; and other similar topics.
Open to: M.J. students only. This course will focus on the aftermath of becoming a public company, including reporting responsibility under the Securities and Exchange Act of 1934; proxy solicitations under SEC regulations; tender offers and the Williams Act; compliance with the Sarbanes-Oxley Act of 2005; responsibilities of officers and directors of public companies; secondary market disclosure and Regulation FD; the impact of the Dodd-Frank Act of 2010; and Section 10b of the '34 Act and Rule 10b-5; and, the impact and operation of the Private Securities Litigation Reform Act and class action lawsuits.
804 - M.J. Thesis/Capstone Project (4)
MJ students who do not complete their thesis projects within the grace period must register for this course in order to get credit for completing the thesis.
Students are expected to complete a thesis project of substantial depth that explores a specific area of health law and integrates a number of legal subjects covered in the M.J. curriculum. The project is completed in close cooperation with a faculty advisor. Students are required to present their thesis to faculty and fellow students during graduation weekend. (MJ only.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
Open to: M.J. students only. In this course, students will study and analyze the law and practice of corporate governance law for publicly held corporations. Introductory sessions will detail corporate governance law and regulation, with a specific focus on the impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Thereafter, a number of alternative proposed reforms will be assessed. Finally, the course will address practical elements of corporate governance practice including professional responsibility issues, the director selection process, board diversity, and empirical learning regarding the best corporate governance practices.
- Constitutional Law, Property and Torts
- Contracts, Criminal Law and Procedure and Evidence
This unique workshop will help to prepare students for the Multistate Bar Examination(“MBE”). The MBE contains 200 multiple choice questions in the areas of constitutional law, contracts, criminal law and procedure, evidence, property and torts. In most states, including Illinois, the MBE constitutes one–half of the entire bar exam. Each workshop will focus on three of the substantive areas tested on the MBE. Students will receive test taking strategies, guidance in answering commonly tested questions, practice answering questions and analysis of their performance.
The focus of this course is mastering and becoming comfortable with the Multistate Bar Exam (MBE) by practicing and reviewing multiple-choice questions. Specifically, the course will cover (1) the details of the MBE, including scoring and the ways in which the MBE is different from most other multiple-choice tests; (2) tips for effectively reading MBE questions and answer choices; and (3) test-taking and study strategies to help prepare for—and excel on—the MBE. The course will include basic substantive coverage of MBE subjects.
This course is an introduction to several topical areas of national security law. Students will first learn the fundamentals of the government’s national security powers, which include issues surrounding separation of powers and government roles implicated by foreign relations. The next phase of the course focuses on the origins and evolving limitations of intelligence operations. The intelligence component of the course includes identifying the roles of various intelligence agencies, such as the DIA and NSA, as well as analyzing legal problems connected to the intelligence field. Encompassed in the intelligence component is discussion about law enforcement’s role as related to intelligence and about access to national security information. The intelligence component segues into the coordination of terrorism investigations and related issues, such as the criminalization of terrorism, material support crimes, and Fourth Amendment considerations. The class will not require a final exam, but will include a ten-page final paper. (O'Malley)
The purpose of this course is to introduce students to the role of natural law in the development of the law, with an emphasis on the position of natural rights in American Law and International Law. The specific context of our examination will be the natural rights of the human person. Three interrelated objectives of this course are: (1) to develop an understanding of what the natural law is and what it is not; (2) to dispel the skepticism (myths) about the role of natural law; and (3) to demonstrate the critical role in the evolution of natural human rights in American Law and International Law. Several particular rights will be examined to sharpen the focus of our investigation and discussion. Our readings will consist of primary and secondary sources compiled into a reader that will be made available in electronic form. There is one required book that will have to be purchased, viz. Heinrich Rommen's "The Natural Law."(Araujo)
The course examines the law of commercial paper (negotiable instruments payable in money) as codified in Articles 3 and 4 of the Uniform Commercial Code. The formal requisites of the various types of instruments are considered, as are the rights and liabilities of the several parties to such negotiable contracts. The concept and legal significance of holding in due course is treated in depth. Approximately one-third of the course concentrates on the mechanics of bank collection of checks and the related law as incorporated in Article 4 of the Code. (Breen, Tracy)
This course will examine the basics of retail leasing by studying a sample lease. Students will learn both the Landlord's and Tenant's perspective of a lease by negotiating and drafting lease provisions for both parties. Each week the students will participate in a mock negotiation of the provisions studied the previous week. The only text for this course will be a sample lease which will be provided by instructor. (Kelly)
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)
Negotiating effectively is one of the most important qualities of a successful lawyer. This course seeks to help you move from negotiating by instinct, as most people do, to negotiating more thoughtfully, more comfortably and with a clearer sense of purpose.
This course merges theory with practice to: (1) develop your understanding of negotiation, and your awareness as a negotiator; (2) give you tools and concepts for analyzing and preparing for negotiations; (3) enhance your negotiating skills through frequent role plays, analysis, and feedback; and (4) teach you how to keep learning from your own negotiation experience. In addition to negotiation skills and theory, you will be introduced to issues of representation, ethics, and the place of negotiation in our legal system.
The Negotiation Workshop is a highly rewarding and interactive course. The course syllabus consists of assigned readings, simulations, and written assignments before almost every class, and attendance at one video debrief where we will analyze your skill set. (Michel, Zelizer)
This course is designed to expose students to legal issues concerning patents. The substantive law governing patents, including how they are obtained and enforced, is addressed. The format of the class includes lecture/discussions, as well as problem-solving and practical/clinical exercises. No technical background is required (although students should be aware that some patent cases may involve technical subject matter). Prerequisites: Intellectual Property is a pre-requisite OR permission of the instructor. (Ho, Stankovic)
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
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)
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.
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)
This course is designed to introduce students to the laws, agencies, and other bodies that license, regulate and discipline physicians. Topics covered will include licensing proceedings and hearings and health care entity policies addressing these issues. (Pomerance)
This course is designed to introduce students to the laws, agencies, and other bodies that license, regulate and discipline physicians. Topics covered will include licensing proceedings and hearings and health care entity policies addressing these issues. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
”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.
Loyola has prepared you to think like a lawyer. In this intensive weekend 3L Boot Camp legal practice seminar, learn to be a lawyer. This seminar will help bridge the gap as you transition from law school into private practice. You will gain the personal skills, practical skills, and business sense to succeed in your legal practice from day one. Among other things, you will learn to think and behave like a practicing attorney. You will learn how to create professional correspondence, organize your practice, interact with colleagues and staff, and build a consistent book of work. You will also learn substantive litigation and transactional skills that will enhance the quality of your legal practice from day one. And you will hear from prominent attorneys in the community as to what they look for in new lawyers and what makes a successful new lawyer.
Some of the most common complaints about lawyers stem from a single fundamental truth: we are trained to talk, but we are not trained to listen. Clients tell us frankly that we “have poor listening skills,” and further that we “don’t genuinely care about them or their case,” that we “think we know everything” and “nitpick every word they say.” Other client frustrations, such as “not communicating clearly,” “not keeping [them] informed,” and “kill[ing deals]” are superficially unrelated to our listening skills, but at bottom reflect a failure to appreciate the client’s point of view. In short, all lawyers need to know how to elicit and contextualize information from those they represent in order to represent them well. While interviewing is crucial to client relationships, its value does not end there. Young attorneys juggle many audiences in a day. These include assigning partners or department supervisors and those encountered in the course of doing the legwork that is a beginner’s bread and butter: opposing counsel and their staff, or low-level representatives of government institutions, including court and agency clerks. Happily, the listening and interviewing skills a young attorney acquires during these experiences will pay off when she tackles witness interviews and her first on-the-record interview, the deposition.
This course will introduce students to theories of interviewing and listening in a variety of legal contexts. More important, students will try their hands at different types of interviews to hone this experiential skill. We will meet for an hour each week, and our time will be spent roughly as follows: a 10-minute introductory discussion about the week’s reading, followed by a 30-minute “workshop” during which groups or pairs of students will conduct interviews using case study materials distributed in class. We will conclude by reflecting on the interview experience. Because each student will serve as both interviewer and interviewee each week, we will be able to consider the conversation from both the lawyer and the client points of view.
The course is a survey of different types of interviews young lawyers are most likely to conduct: beginning with a general overview and moving to practice-specific interviews about potential litigation or corporate work. We will then move to a conversation that directly results from the initial interview: review of an action plan with the client. From client interviewing, we will consider adapting these skills in three other contexts relevant to the beginning lawyer: witness interviews, adversary conversations (pre-negotiation or logistical negotiation) and finally, an introduction to depositions. Throughout, we will develop an awareness of the ethics and social considerations likely to arise in various communications contexts.
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)
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)
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)
An examination of current data privacy laws and regulations, general risk management strategies, and emerging practical trends with respect to collection, management and retention practices regarding corporate information. In addition, the course will utilize real world contracts and other documents in order to provide students with practical solutions to evolving data privacy compliance and risk management issues.
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.
This course, required of all students in their last year of school, focuses on ethical questions in the practice of law, and examines the basic premises underlying the lawyer-client relationship and the duties assumed by the members of the legal profession, including duties to clients, the public, the courts, and other professionals. Materials consist of the ABA Model Rules of Professional Conduct, and other pertinent standards regarding lawyers' ethics.(Breen, Grogan, Perea, Rosenberg)
A study of interests in land and personal property emphasizing the modern law of donative transfers, and estates and future interests, cotenancy, conveyancing, and land title assurance. Some coverage of landlord and tenant, and public and private control of land use may be included. (McCormack, Rose, Sag)
This class will examine how terrorism cases are investigated, prosecuted, defended and punished. It will address how suspected terrorists are targeted and captured, including surveillance methods and interrogation techniques, as well as the questions of whether these measures are effective and potentially undermine well-established and deeply in-grained constitutional liberties and culture. It will cover classified evidence in the adversarial process -- including how it is gathered, how it impacts charging decisions and trial strategies, and how courts manage it in adversarial proceedings. In addition to drawing out these issues as they operate in civilian courts, the course will also examine judicial alternatives, including the use of military tribunals or national security adjudicative systems in other constitutional democracies, as well as extra-judicial and judicially pre-emptive measures such as preventative detention, designations and the freezing of assets. Overarching issues that will animate our exploration will be the need for emergency rules and powers, the role(s) of the courts and counsel, and how well the U.S. legal system faces the challenge of balancing rule of law and civil liberty principles with the national security concerns in countering terrorism, both internationally and domestically.
This is a non-exam course. Grades will be based (i) short written impression statements on assigned weekly readings which will be used as prompts for class discussion; (ii) classroom participation, and; (iii) a 15-20 page paper on a topic of choice in the field. The class will include participation by guest speakers, including scholars and practitioners in the field.
This course explores the role of law and government regulation in the area of public health. The public health process (measurement, problem definition, strategy, design, implementation and evaluation) is explored in reference to current issues that are both timely and expositive of the ways in which law and regulation shape public health practice on the state and federal level. Topical areas for analysis and discussion are drawn from the primary environments of public health, biological, physical, social, individual behavior, and national/international health systems. Students are required to work on group projects, and are required to write a research paper. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
Constitutions establish a framework of government and a regime of rights; they may also serve the purpose of expressing the deepest values and aspirations of the people for whom they are intended to provide a form of government. Constitutions come in all sizes and shapes, with varying substantive provisions, enforcement mechanisms, and amendment processes. Constitutions may contain provisions that are quite specific or highly general; most constitutions contain both. Some constitutional provisions may be transparent and straightforward, while others may be more or less opaque. To the extent that some provisions are opaque, that may be by accident or design. Public officials, including judges, must give meaning to constitutional provisions. How does one characterize the activity in which judges or other public officials engage when they are called upon to give some meaning to, or “apply,” constitutional provisions? Is there a proper method of constitutional interpretation applicable to all constitutional systems, regardless of their individually distinctive features? Is there a proper method of constitutional interpretation applicable to the resolution of all constitutional controversies within a particular constitutional system? What role should judges play in constitutional interpretation and enforcement, as opposed to other agencies of government? What role should the people play in interpreting their constitution? To what extent should judges be influenced by their own values, or by their sense of how others, whether the public or the popular branches of government, might react to certain interpretive choices? Is it possible or desirable, even in a system governed by a written constitution, that the judiciary should have no role to play in constitutional interpretation, or that the judiciary might have some role to play, but not the last word? This course will consider differences in approaches to constitutional interpretation across constitutional systems, including those of Canada, Ireland, South Africa, the UK, and the US. Readings may include works by Aharon Barak, William J. Brennan, Edwin Meese, Antonin Scalia, David Strauss, Cass Sunstein, Aileen Kavanagh, and Jeremy Waldron, among others, as well as selected judicial opinions from the jurisdictions under consideration. Evaluation will be based on class participat5ion and on written work, which may consist of periodic papers and/or a take-home examination. (Sullivan)
A study of problems involved in real estate transactions, including preparation of contracts and closing documents. The course will also include matters related to mortgages and title clearances. The course may also include some coverage of condominiums, co-operatives and Illinois land trusts. (McCormack)
The seminar will focus on recent Illinois zoning and other land use cases. Land use and zoning is the most important substantive law area applicable to real estate development. Each student will select a reported case concerning subject property in the Chicago area. The student will visit the site, perhaps taking photographs or videos. To the extent possible, the parties and their counsel will be interviewed. No library research should be necessary. However, all students will read the court's opinion, and the student reporting on the case will also read the briefs of the parties. Each student will be given one full class period to make an oral report to the seminar, beginning at the sixth week of classes. All members of the seminar will be required to attend these reports. After reporting and discussing the case with the seminar, each student will write a paper about the case not to exceed 15 double spaced pages (12 point type). After the case assignments have been finalized, I will give a number of lectures about basic land use and zoning. Students who have completed or who are concurrently enrolled in Land Use will not be required to attend these lectures. The students not thereby excused from attendance will also be required to read assignments in Wright, Land Use in a Nutshell (West, 4th ed., 2000). Enrollment is limited to 14, and the consent of the instructor to enroll is required. (McCormack)
This is a skills-based class covering foundational topics in commercial real estate transactions. Topics include: negotiation, drafting, and a one-class "survey school." Participation in an all-day Saturday skills workshop is required and the in-class final exam will be held prior to the traditional exam period, dates for both of these TBA in the first class meeting. Please note that this class does not address residential transactions. (Hanley)
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)
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….” One of the primary motivations for the founding of the United States is the impetus for religious liberty. What is religious freedom in today’s increasingly secular world? Is religious freedom possible? And what is the place of religion in our political and cultural life? This course will explore these questions through targeted readings in seminal cases. The course will culminate in student presentations and a seminar paper. (Prerequisite: Constitutional Law)
This course examines what courts, including juries, have the power to do in civil cases once a litigant shows he or she has been legally wronged or is threatened with legal wrong. The subject matter of Remedies, now a required subject of inquiry on most state bar examinations, is very broad, meaning, in part, that it draws on many topics of legal study. Constitutional Law, Torts, Contracts, and Federal Civil Procedure, in particular, bear directly on the subject matter of the course. Remedies is therefore sometimes called a “capstone course,” because it provides students an opportunity to bring together what they have learned in other courses on substantive and procedural law. One important component of the course is review problem sets (problems similar to examination questions and often presaging them) that are discussed in class. Another is an emphasis on how the remedial issues that become the subject of appellate opinions arise in the first instance, and are presented and play out at the trial court level. Open to all second and third year students.
In recent decades, courts, communities and schools are returning to restorative methods to address family issues such as child guardianship; escalating violence in our schools and streets; reintegrating prisoners into their communities; making decisions about appropriate sentencing; and the role of victims in the process. In each context, the same issues must be addressed: who is involved, what are the needs of the parties, and what can be done to resolve the issues at hand. This one credit course will be conducted in workshop format over the course of one weekend. Students will be able to identify the core principles underlying the restorative justice paradigm, compare and contrast restorative and retributive justice models, and learn the basic elements of conflict resolution techniques through a restorative lens. We will address the history of restorative justice and students will be trained on a restorative dialogue process. Grades will be based on the student's performance in the culminating simulation exercises.
The course will utilize case studies for learning and applying knowledge related to the key roles and responsibilities of the health care risk manager. Through the readings and case studies students will learn to identify legal, ethical, administrative, and risk management issues and to reach resolutions for the problems presented. (Youngberg)
Students utilize case studies for learning and applying knowledge related to the key roles and responsibilities of the health care risk manager. Through the readings and case study analysis students will learn to identify legal, ethical, administrative, and risk management issues and to reach resolutions for the problems presented. They will also understand how principles of risk management have changed since the 1998 IOM Report which called for increased focus on systemic failures and moving away from a culture of blame and shame. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
This course concentrates on Articles 2 and 2A of the Uniform Commercial Code and other state and federal statutes covering the sale or lease of goods. In addition, the course examines selected provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Among the topics are the formation of contracts, including offer and acceptance, statute of frauds, and the "battle of the forms"; terms of sales contracts, including express and statutory terms, price, quantity, payment, delivery, and risk of loss; warranties, express and implied; disclaimers of, and defenses to, warranties; acceptance, rejection, revocation; buyers' and sellers' remedies for breach. (Breen, Krivinskas-Shepard, Williams)
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 examines the law of consensual liens on personal property under Article 9 of the Uniform Commercial Code. It deals with the use of personal property, tangible and intangible, as collateral to secure payment or performance obligations. Course materials cover creation of the security interest, validity of the security interest as against the claims of third parties, priorities of claims between competing secured parties and other lien holders, and rights upon foreclosure. Emphasis is on risk aversion and problem solving. (Tracy, Williams)
This course will examine the enforcement of the federal securities laws from the perspectives of both the Securities and Exchange Commission and defense counsel. We will examine the SEC's investigative process, including the taking and defending of testimony; and will examine selective types of securities fraud investigations, including accounting fraud, insider trading, and offering frauds. We will also evaluate the role of auditors and in-house counsel in detecting and preventing securities fraud; remedies available to the SEC; the settlement process; and collateral actions by other civil and criminal authorities.
The required weekly reading will consist of recent enforcement cases, rulemaking, related statutes, law review articles and other commentary. Most classes will begin with a student presentation on a securities law-related topic of their choosing. Guest instructors may be used to address specific topics throughout the semester.
The class begins with a broad overview of the U.S. securities markets and equity products being offered to the public. Based on that foundation an analysis of fraud as it applies to securities is reviewed beginning with the history of fraud up to the current Supreme Court cases concerning the definition of securities fraud. The class will examine several different views of securities fraud including the perspective of the individual shareholder or enforcement attorney on the Plaintiff's side to the stock broker, corporate officer and Board member on the defense side. (Rzepczynski)
The first half of the course treats the 1933 Securities Act in depth. The 1933 Act deals with an initial distribution of securities to the public, the process of registration, exemptions from registration, and the liabilities involved. The question of what is a security also is treated. The second half deals with the multifaceted 1934 Securities Exchange Act. The substantive areas include the operation of the exchanges and the over-the-counter market, broker/dealer duties and liabilities, proxy and tender offer processes and liabilities, short swing profits, and Rule 10b-5. (Kaufman, Murdock)
Securitization is an essential component of modern commercial finance. The highly structured nature of securitization transactions requires the reconciliation and consideration of a variety of legal issues, including the securities laws, bankruptcy law, various federal regulations, the law of secured transactions and corporation law. This multi-disciplinary course will explore those issues in the pragmatic context of documentation from actual securitization transactions. Evaluation will take the form of a final examination.
This course focuses on the development of legal theory, precedent, and governmental regulation of sexual harassment in the workplace, educational institutions, and public accommodations. Students will learn about the continuing evolution of sexual harassment law regarding male-on-male harassment, unionized workplaces, intersectionality of race and gender, and vicarious liability. Skills used by attorneys who practice in this area will be discussed, including litigation, alternative dispute resolution, policy development, investigation, and training. Additionally, the class will take a critical look at conceptions and misconceptions regarding this legal issue in other arenas such as culture and politics.
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.
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)
This course primarily covers the law of special education provided in the Individuals with Disabilities Education Act. (“IDEA”). Additionally, the course will also cover specific laws that are relevant to special education such as the Americans with Disability Act, Federal and State educational records statues and mental health and privacy laws.
A primary emphasis of the class will be to teach students about the process under which students are identified as eligible for special education services and provided with educational services under Individualized Education Plans. (“IEPs”). The class will focus on the following topics: special education case law, legislation, and regulations; utilizing evaluations, tests and measurements in determining eligibility in special education, and in the preparation of Individualized Educational Programs and Section 504 Plans; issues of juvenile justice; behavior and discipline for students with disabilities; negation and dispute resolution strategies and options; due process hearings; and current challenges in this evolving area of law.
Students are required to attend class. Participation is a critical element of the class experience and will be a portion of the student’s grade.
Additionally students will be required to write one ten page paper on a topic approved by the instructor and participate in teams to develop IEP’s.
State and Local tax revenues exceeded half a Trillion dollars in 2000; this is more than twice the amount of revenue that the U.S. Government collected in both corporate income tax and estate and gift tax. This course introduces the constitutional and statutory framework of state and local taxation in the United States. Beginning with an examination of the current constitutional issues involved in the taxation of multistate taxpayers, the course will explore the legal issues that arise from the various methods of dividing corporate income among the states. The principles surrounding sales and use taxes will also be examined in detail. As time permits, this course will also explore the other principal types of taxes imposed by states and localities: franchise taxes, value added taxes, real property taxes, personal income taxes, and death taxes. (Prerequisite: Corporate and Partnership Tax) (Cesaretti)
Each state has its own constitution that may vary significantly in form and substance from its federal counterpart, but state constitutions often are a neglected source of important democratic and civil rights. This course explores differences between many state constitutions and the United States Constitution and examines methods of state constitutional interpretation. Particular emphasis will be placed on the provisions and interpretation of the Illinois Constitution of 1970, and special attention will be given to several Illinois constitutional questions that arose in the last year. Students have the option of writing a paper or taking a final exam. (Legner)
This course is designed to assist students to develop a coherent method of statutory (and regulatory) interpretation. Basic issues considered are: plain meaning; textualism; context; intent; purpose; and coherence with other statutes and applicable law. Several brief writing assignments are required. The final paper is a judicial opinion in which students are asked to interpret a statutory provision in the context of the facts of a case to which the statute has been applied.
The course is designed to introduce students to legal issues faced by international organizations planning to invest in the U.S.A. The course is based on a practical approach and will familiarize students with the legal framework attorneys consider when counseling clients on various options of foreign commercial activity in the U.S.A. Students will identify legal issues based on a client’s actual business plan, and develop the best strategy to meet the client’s investment goals. The simulation of the challenges of today’s international corporate practice develops the students’ strategic counseling skills.
The course will analyze the traditional vehicles of investments in the U.S., including supply/agency/distribution agreements and establishments of U.S. operations. Students will examine the legal implications of various forms of business enterprise (sales or distribution company; manufacturing operations) in terms of liability tax, labor and employment, and immigration issues. The class will explore other methods of foreign investment, including acquisitions and joint-ventures, and their legal consequences, and will conclude with a look at U.S. regulation of foreign investment and issues in dispute resolution. (Fiordalisi)
Second- and third-year students teach about law and the legal system in Chicago area elementary and high schools. Students attend a weekly seminar and teach two classes per week in their assigned school. In the spring semester students typically have the option of preparing high school students for the city mock trial competition. For that experience, prior or current enrollment in Trial Practice is advisable, but not required. (Bird)
This one credit weekend course will provide students with an intensive simulated experience in conducting a student disciplinary administrative hearing. Assuming the roles of counsel for the student and counsel for the school district, workshop participants will prepare for and represent their respective clients in a school expulsion hearing. Participants will develop an understanding of the constitutional principles of due process, freedom of speech, and search and seizure as they pertain to students in the public school setting; as well as Illinois School Code statutory provisions regarding student discipline, suspension and expulsion. In the course of preparing for the culminating disciplinary hearing, participants will gain a working familiarity with student codes of conduct and student school records and documents, and they will hone their skills in interviewing and preparing clients, witnesses, and school personnel for their respective roles in the discipline process and administrative hearing. Students will also deliver opening and/or closing statements and conduct direct and cross-examinations of witnesses and, through this process, will enhance skills applicable to a variety of court and administrative hearing settings. (Hirsman/Johnson)
This is a structured, student(s)-initiated course in which participating third year students use their acquired legal knowledge, skills and values to help solve a legal or social problem or to provide project-based legal assistance to a non-profit, governmental or professional organization. This course gives students an opportunity to exercise planning, project management, problem-solving, collaboration and other skills in a real-world setting, while at the same time helping them to develop the capacity for self-directed learning and to appreciate how one’s legal training can benefit the community, the profession, and/or the broader society.
- Assist a community-based organization serving a predominantly immigrant community to develop and implement a legal literacy program designed to promote greater access to justice for its constituents.
- Work with the University’s Center for the Human Rights of the Child in providing legal services for child trafficking survivors.
- Support the work of governmental agencies in providing relief to victims of unlawful mortgage foreclosure practices.
- Partner with one or more law professors in drafting and filing an amicus brief in a pending Supreme Court case.
Students who wish to undertake an Engaged Learning Capstone Project must design and gain approval for the project during the semester or summer prior to the project’s actual implementation. For example, students wishing to enroll in a capstone project in the fall semester may obtain approval in the preceding summer, and must register for the course before the fall registration period closes.
To gain approval, the student or students must first secure the participation of at least one full-time faculty member who would be willing to supervise the project and provide substantial individualized ongoing formative assessment and summative assessment of the final work product. The student or students then must submit a written proposal to Dean Kaufman setting forth the following:
- A description of the project, including its purpose and potential impact on the organization on whose behalf the project is being undertaken;
- An implementation work plan, including time line and progress benchmarks;
- Number of students participating in the project and how the students plan to allocate the work among them;
- A plan for faculty supervision (e.g., periodic meetings, regular status reports, process for formative and summative assessments);
- Memorandum of understanding from the relevant organization, if necessary;
- The specific knowledge, skills and values that would be needed to bring the project to successful completion;
- Proposed final written work product;
- A process by which the students will engage in periodic and final self-assessment of their experience.
Dean Kaufman will review the proposed project, solicit appropriate input from the faculty, and offer suggestions for revisions and modifications of the proposal where necessary. At least one member of the full-time faculty must serve as the supervisor for any approved project. Additional mentors for the project may be recruited from other schools within the University, or may be adjunct professors, practicing lawyers, judges, legislators, or other relevant professionals as appropriate for the particular project.
The final written work product may be in the form of a scholarly article of publishable quality, a model bill and supporting memorandum, a draft complaint or petition and supporting memorandum, the formal documents and supporting memorandum for a transactional project, or a brief (on the merits or as an amicus), to name just a few examples.
This is a graded experiential learning course for three credits. A critical component of the project will be substantial individualized, ongoing formative assessment provided to the students, and a summative assessment of the Project’s final work product or outcome.
Prerequisites: Estate & Gift Tax and Advanced Corporate Tax
Topics focus on the question of what the role of the Supreme Court should be as a branch of the government under the Constitution and how that role was filled in particular phases of history. (Anastaplo)
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)