Courses T - Z
This course covers procedures and strategies for representing clients and resolving Federal civil tax controversies arising from Internal Revenue Service audits and appeals, including litigation. The course also includes a discussion of tax penalty provisions and the ethical issues faced by advisors in structuring tax motivated transactions and resolving tax controversies. (Duhl)
This course offers students the opportunity for a hands-on approach to developing their skills and knowledge of the procedures and dispute resolution strategies involved in federal tax controversies. This intensive course will offer experience with pre-controversy planning techniques such as: pre-filing motions, conflict resolution with the IRS through both examination and appeals, and preparing for tax court litigation. Students will be engaged in a series of real-time scenarios for identifying issues, drafting responses and preparing memos related to both corporate and individual tax disputes.
Experienced tax attorneys will guide students through a series of mock procedures and interactions with the IRS, and assist the students in developing and improving their analytical and writing skills. Through a mix of panel presentations and guests lectures, students will gain an understanding of the types of challenges that can arise in the day-to-day world of tax controversy from the perspectives of the tax attorneys and IRS compliance and enforcement specialists.
The impact of technology on our economy has been profound. Whether it is the use of information technology to improve a firm's management capabilities or its sales or services offerings, or the commercialization of new technologies, such as the development of advanced semiconductors or biotech, business' involvement with and dependence on technology continues to grow at an unprecedented rate.
Attorneys who represent technology companies must be proficient in the legal and business issues related to such technology. Consequently, this course is geared for the future transactional practitioner who is interested in developing an understanding of the most pertinent areas of technology-based transactions.
Underlying all technology transactions is intellectual property, which, depending on the particular transaction, needs to be protected, developed, bought or sold. As such, this course will begin with a brief overview of intellectual property to establish a basis for our review of technology transactions, but we will focus mostly on transactions related to and stemming from intellectual property. We will then address legal perspective on the corporate procurement, development and management of new technologies. We will delve into issues related to general commercial transactions involving intellectual property, such as joint ventures and development agreements, and examine more specialized issues related to technology, such as general e-commerce, data rights (both U.S. and International) and security.
There are no prerequisites for this two (2) credit course. The course will have a significant applied element, which will include drafting and negotiating technology agreements, as well as topical classroom presentations. Furthermore, while previous intellectual property licensing courses or experience may provide a basis for this course, such licensing represents only a portion of the topics that will be covered and discussed.
There is no final exam. Instead, grades will be determined based on the applied projects, presentations and classroom participation. While the course will include recommended texts, the primary resources expectedly will be available through a medium central to class discussions the Internet.
This course surveys the field of electronic communications, from the telephone to broadcast media to the Internet. Historically, the field of communications has been divided between the traditional mass media (broadcasting, cable, satellite broadcasting) and telecommunications media (wireline and wireless telephone carriers). Today, the two general divisions are converging. One of the vehicles of that convergence is the Internet, which is capable of providing both mass media and individual communications services. This course will examine legal issues affecting all of these media. Much of the course material necessarily covers the history and theory of communications regulation as practically applied through FCC rulemakings.
This course will introduce the therapeutic jurisprudence perspective on practicing law in various settings: criminal, civil, family, juvenile, special education and in office practice as well as in litigation. The assigned course book will be Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts ( Winkler and Wexler, eds 2003). Various articles including law review articles will be assigned to explore the role of problem solving courts and how that translates into practice for lawyers. Chapters from Practicing Therapeutic Jurisprudence: Law as a Helping Profession ( Stolle, Wexler, Winnick eds.2000) and Symposium: Therapeutic Jurisprudence and Children: 71 U.Cinn.L. rev. ( 2002);
1. Students will be assigned one 15 page paper dealing with a topic of their choice regarding therapeutic jurisprudence. Students will be expected to present this paper for class discussion.
2. Students will also be expected to observe in one of several court settings including Cook County Mental Health Court and Drug Court, Juvenile Court or Family Court. Arrangements for those visits will be facilitated by Professor Moran. Students will be expected to write a 5 page summary of their observation and relate this to the topic of therapeutic jurisprudence. (Moran)
Provides students with an overview of key legal and policy issues in the diverse and growing field of long term care. In the context of the seminar long term care will be cast broadly as an area that deals with diverse populations that have profound and ongoing health/social needs including disabled populations and the elderly. While much of the course will focus on statutory and regulatory law, significant emphasis will be placed on evolving public policies in long term care that impact programmatic developments in quality assurance ,insurance coverage and the regulation of institutional and community actors. Specific areas of focus will be selected for each term for review and analyses including diseases of aging, prevention of abuse and neglect, uses of telehealth, senior housing policy and end of life care. Materials from the United States, Canada, the EU and Japan will be referenced. Students will be required to write two memoranda and participate in a group project.
A basic course in the substantive law governing compensation for injuries to property and to the person. Considered are intentional wrongs, negligence, malpractice, products liability and strict liability; invasions of personal integrity and emotional well-being; injury to tangible and intangible rights in property; liability insurance and alternatives; and damages. Other risk-bearing alternatives are considered and contrasted with the traditional common law theories. (Appel, Cooper, Frischmann, Locke, Sawicki)
This course will provide an overview of the law of toxic torts. Toxic torts is the area of law dealing with injuries due to exposure to hazardous chemical and other substances. This is an emerging area of law that will likely remain active in our industrial society. It is also an area of law were the young lawyer can with an understanding of key concepts have an advantage over older attorneys. This course will provide an understanding of the key concepts of toxic tort law. However, in addition to learning about toxic tort law, the student will learn secrets that have application in personal injury litigation outside of toxic torts. For example, how can you use the choice of a medical expert’s stethoscope to impeach his testimony? What hidden clues are in an expert’s curriculum vitae (resume)? What logical flaw can be used to discredit paternity testing results? Why are most physicians not qualified to give an opinion concerning causation and how do you prove it at trial?
The instructor of this course is a physician, attorney, industrial hygienist, toxicologist and a biomedical engineer. In addition to having served as the medical director of a major American city, he is a trial attorney who will share secret knowledge that may make a difference in the trajectory of your career. (Chiodo)
This course builds upon the trademark concepts discussed in the intellectual property survey class. The focus of the class will be an advanced and applied understanding of trademark law. The course will cover various areas of trademark law and practice, including clearance and prosecution of trademarks, as well as infringement, dilution and licensing. The final grade will be based upon class participation, and assignments, including a final project; there will be no final exam. Prerequisite: Intellectual Property or permission of instructor. (Nanette Norton)
Negotiating Everything – A Transaction Skills Seminar.
The course will examine the lawyer’s role in business transactions by looking at examples of two decidedly different transactions – the negotiation of commercial real estate leases and the structure of the purchase, ownership, and operation of a corporate aircraft. The practical skills and knowledge acquired by examining these examples can be applied to virtually all commercial transactions. The class will consider the art of negotiating those transactions – and will focus on the role of the lawyer in those negotiations. We will consider a variety of negotiating strategies and how to deal effectively with opposing counsel who may, or may not, share your particular strategy. In addition, the class will examine a corporate aircraft transaction – with a myriad of parties and opposing interests and regulations - with the goal of appreciating the juggling and balancing necessary to achieve the best result possible. Along the way we will look at how there is not ONE way to do things, rather there are many ways and many strategies. The rules and processes taught in law school are there to provide guidance; they are not hard and fast rules about the way that a transaction must be done. That's one of the benefits of being a transactional lawyer - the rules are set by the parties as they negotiate.
Students will be evaluated on the basis of classroom participation and attendance, a paper, and, in lieu of final exam, a one-on-one negotiation session with the instructor. Regular attendance is expected; if a student cannot attend class, please notify the instructor.
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)
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)
This course offers the opportunity to develop the skills necessary to conduct a trial, including opening statements, direct and cross examinations of witnesses, and closing arguments. One section is offered each semester (course 411). In addition, an intensive eight day course is offered during the summer and between semesters in January (course 416). Each course is taught by a team of lawyers and judges with a student/faculty ratio of 8 to 1. The groups rotate among the teachers, and each student is given the opportunity to perform the exercises. At the end of both the intensive and the semester long courses each student conducts a complete trial at the Daley Center. Since the intensive course in January is a spring semester course, it cannot be taken by students intending to graduate at that time. Prerequisite: Evidence.
* When this course is offered in January, it is enrollment by instructor's permission only.
This course provides additional opportunity to develop witness examination skills, skills in opening and closing statements, and skills in the development of case theory. Students are assigned in teams of four to each side of a case, and they try four or five cases over the semester. The student teams rotate each week among the teaching faculty. Enrollment is permitted first for those students who received the grade of "A" in Trial Practice I. Enrollment of students who received less than an "A" depends upon space availability, although typically the course has accommodated all those who have sought enrollment. (Carey and the trial practice faculty)
The course requires instructor permission for enrollment and is limited to students that are currently enrolled in the trial practice competition course or the Corboy Fellowship. Students are asked to prepare and compete in one or more mock trial competitions in addition to the competitions that are part of the trial practice competition course or the Corboy Fellowship program. Variable graded credit is available from one to three units depending on circumstances as determined by the instructor.
Advanced Trial Practice with Courtroom Technology is an advanced trial practice course qualifying for credit towards the advocacy certificate. This three-hour, graded credit course is designed to teach students how to prepare and try cases in a modern environment. Students will learn to conduct dynamic and persuasive courtroom presentations by combining advanced trial advocacy skills with courtroom presentation tools, including Sanction II and PowerPoint. Following several weeks of advocacy and software instruction and workshops, students pair into teams to try multiple, hi-tech, mock trials. Course materials include student licenses for Sanction II. The course will be taught by Assistant United States Attorney Michael Ferrara and plaintiff's attorney Brian Monico (both Loyola alums). Trial Practice I is a course prerequisite.
This course will examine the fiduciary responsibilities that govern the duties of the trustee in carrying out the provisions of the trust as dictated by the trust instrument. The course will survey the myriad of situations that the trustee may encounter in balancing the often competing interests of the various classes of beneficiaries. The course will also examine some of the recent cases, state statues and legal trends that are instructive in this area. The course will also review the regulatory authority in this area. The course will also review the regulatory authority that governs the unique investment considerations that impact trustees in managing the assets of the trust. There is no prerequisite. (Herte)
Either as transactional lawyers or as litigators, you are more likely to find yourselves working with unincorporated business entities than corporations. What are these entities and how do they differ from the corporation? The course briefly reviews all unincorporated entities with special focus on limited partnership (LP), limited liability partnership (LLP) and limited liability company (LLC). First part of the course deals with the legal issues involved in the formation of those entities (choice of form considerations, drafting of the agreement). The second part considers issues encountered in the operation of those entities (inevitable conflicts among shareholders, partners or members, buyout agreements, dissolution of the entity). Students will undertake in-class mock negotiation and mock trial. Grades will be based on participation and on a take-home exercise (Champetier de Ribes-Justeau)
This course treats in depth many aspects of the Sherman and Clayton Acts. Emphasis is placed on an understanding of the policies and objectives underlying the antitrust laws and the extent to which enforcement of the antitrust laws has fulfilled those objectives. Areas examined include monopolies, price fixing, division of markets, exclusive dealing arrangements, boycotts, resale price maintenance, and mergers. Recent trends in sports and health care industry antitrust cases may be discussed. The impact of economic analysis in the antitrust area is also examined.
In this course, students will focus on contract drafting, communications, transactions analysis, matter management, negotiation and client service. We will use simulations, role playing, in-class negotiations and a five week drafting and negotiation lab to introduce you to the basic work of a transactional lawyer. The goal of this course is to offer you a basic primer on the actual practice of transactional law.
This is a hands-on, participative, skills course in which students will learn how to properly structure and draft basic wills and trust documents, both testamentary and living. Practical tools, such as, engagement letters and client questionnaires, will be discussed and developed to give insight into the active practice of estate planning which the student can use in the work world. Estates is a prerequisite. Estate and Gift Tax is not a prerequisite. Students who take this class may NOT take estate planning. You may take Wills and Trust Drafting OR Estate Planning, but not both. Final grade will be based on class participation and drafting assignments over the course of the semester. Class size is limited to 16.
Women & Leadership is a one credit, seven week seminar course for law students that examines the obstacles (internal and external) that prevent women from reaching leadership positions in proportional numbers. Over the course of seven weeks, students engage in dialogue in response to assigned readings and self-assessment tools. Students also hear from female leaders working in different areas of legal practice who will discuss their experiences and the decisions that helped shape their careers. Grading is based on participation and a final paper.
Students will review basic writing mechanics including grammar and punctuation. They will enhance their writing skills by editing passages, producing written assignments, and doing focused writing exercises. Students will also learn to develop sound arguments by practicing the art of logical flow. The goal is to help students to produce clear, well-organized, grammatically correct prose. This course will also focus on how to approach the master's thesis. THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
This weekend course is designed to provide students with an overview of the issues and case law related to wrongful convictions. Students will gain an understanding of the dynamics of wrongful convictions and this burgeoning area of law. The course will also provide the opportunity for each student to research one recent case of wrongful conviction. 40% of the grade in this course is based on class participation. 60% is based on a research paper.