Historical Course List

• 6040 - Civil Procedure

  Topics covered include jurisdiction (territorial, subject matter, and venue); forum non conveniens and transfer; state law in federal courts (Erie); pleading and motions; discovery and pretrial; summary judgment; and introduction to remedies.

• 6060 - Constitutional Law I

  The federal system and the allocation of power between the federal and state governments; allocation of power among branches of the federal government; nature and scope of judicial review, procedural due process, and individual privacy protections against government interference.

• 6080 - Contracts

  Legal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.

• 6100 - Criminal Law

  The substantive law of crimes, including general principles and the elements of specific offenses and defenses.

• 6110 - First Year Perspective

  Each first year student elects one of several perspective courses. These courses do not focus on substantive legal doctrine but approach the legal system and its institutions from other analytic perspectives, including the interdisciplinary examination of legal issues.

• 6120 - Property

  Common law possessory and future interests, estates in land, landlord-tenant relationships, concurrent tenancies, adverse possession, private and governmental restrictions on the use of land, easements and covenants, and some elementary principles of personal property law.

• 6180 - Legal Methods

  The legal methods course will teach students how to engage in sophisticated forms of legal analysis. Students will also learn how to communicate their legal analysis in an effective and efficient manner through objective office memoranda and persuasive legal documents. In addition, students will be introduced to the United States legal system and the basics of legal practice. Finally, students will learn how to locate primary and secondary legal source material and how to devise effective legal research strategies.

• 6190 - Legal Research

  Taught in conjunction with Legal Methods, Legal Research teaches students how to locate primary and secondary legal sources material and how to devise effective legal research strategies.

• 7002 - Federal Courts

  Survey of Federal Courts: Who can bring an action or file an appeal in federal court? Who can sue a government official and for what kind of relief? What is sovereign immunity? Abstention? A successive habeas petition? In this 2-hour course held once a week, we will tackle all of these issues and others that commonly arise in federal court. In particular, we will begin by discussing the creation and role of Article III courts. We will then explore the contours of suits against governments and their officials, the relationship between state and federal law (including the law of preemption), and finally, the procedure for filing federal habeas petitions. This course should be of interest to students who are interested in litigating (particularly in federal court), practicing criminal law, or clerking for a judge.

• 7003 - Conflict of Laws

  Jurisdiction, judgments, and choice of law are the subjects of the course. Through Socratic dialogue classes provide exercise in the application of theory to facts, and in the careful analysis of cases.

• 7010 - Mediation/Advanced Negotiation

  The theories and practices of advanced negotiation and mediation will be taught in a variety of settings. There will be a substantial focus on developing these ADR skills through role-play exercises and reflection. Grades are based upon video taped performances, analytical writing, and reflective writing. Opportunities to observe live mediation will be made available. Students are also encouraged to enroll in the Mediation Clinic. See Clinical Program Brochure for further information on the Mediation Clinic.

• 7011 - Clinic - Mediation

  The Mediation Clinic enables students to acquire the skills of mediators through observations and actual practice in supervised settings (e.g. Small Claims Court). Students must have completed the Lawyering Skills class and be concurrently enrolled or have previously taken the Mediation/Advanced Negotiation course. For more information see: Mediation Clinic Webpage

• 7020 - Legislative Process

  This course involves the study of legislative process at the state and federal level with an emphasis on Utah state legislative process and issues. The course is divided into two components. First is the study of the current legal issues surrounding the legislative process, including: the initiative and referendum process, the single subject rule, redistricting, and theories of statutory interpretation. This part of the course will focus on current and recent events, e.g., the voucher controversy and the omnibus education bill, from the Utah legislature. This part of the class will be conducted through traditional lectures and will conclude with a mid-term exam at the end of the segment. The second component involves the formulation, drafting and enactment of legislation. The study of this second component will be done through role play where each student will draft legislation, present oral testimony in front of a legislative committee, and sponsor amendments to other students bills.

• 7020 - Legislative Process

  This course involves the study of legislative process at the state and federal level with an emphasis on Utah state legislative process and issues. The course is divided into two components. First is the study of the current legal issues surrounding the legislative process, including: the initiative and referendum process, the single subject rule, redistricting, and theories of statutory interpretation. This part of the course will focus on current and recent events, e.g., the voucher controversy and the omnibus education bill, from the Utah legislature. This part of the class will be conducted through traditional lectures and will conclude with a mid-term exam at the end of the segment. The second component involves the formulation, drafting and enactment of legislation. The study of this second component will be done through role play where each student will draft legislation, present oral testimony in front of a legislative committee, and sponsor amendments to other students bills.

• 7030 - Criminal Procedure

  Introduction to constitutional criminal procedure. This course surveys the basic limitations on the detection and investigation of crimes, with special emphasis on the constitutional rights of criminal defendants. Topics to be covered include the incorporation doctrine, the right to counsel, search and seizure law, police interrogation and confessions, and the use of illegally obtained evidence.

• 7040 - Evidence

  Rules of evidence, expert testimony; role of court and juror; direct and cross examination; competency and privileges of witnesses; admission and exclusion of evidence; credibility of evidence; relevancy and circumstantial evidence; hearsay rule; real proof and writings; and constitutional problems of evidence law.

• 7050 - Business Organizations

  This course covers the law of agency, as well as the law governing different types of business entities, with a focus on partnerships, limited liability companies, and corporations.

• 7051 - Business Planning

  Applies the law of corporations, limited liability companies, tax, securities, antitrust, banking, employment law and other areas to real world business situations. Students will learn how to apply law, even when they have not yet had a course in the field. Students will be asked to use their imaginations and creativity to solve problems and draft solutions. Limited Enrollment. PREREQUISITES: Business Organizations. RECOMMENDED: Federal Income Tax

• 7052 - International Business Transactions

  This course endeavors to provide students with a broad understanding of the fundamental legal problems arising from transnational business activities. It examines the role of national and international law in the constitution of the legal framework within which such activities take place. Specific topics covered include: the role and responsibilities of attorneys engaged in international practice; the international trading of goods; financing the sale of goods; export controls; joint ventures and foreign investment; dispute resolution.

• 7055 - Employment Discrimination

  In this course, we will study the federal laws prohibiting employers from discriminating against workers on the basis of certain characteristics, including race, color, gender, religion, age, national origin and disability. Employers may, however, and routinely do, discriminate between workers on the basis of other, non-protected characteristics for both good and bad reasons. An important goal of the course will be to understand how the law distinguishes between permissible and impermissible reasons for treating workers differently.

• 7056 - Corporate Finance

  This course explores how corporations obtain capital to finance their activities. Among other things, the course looks at the financial characteristics of the different types of securities that a firm might issue to investors. It also addresses the legal rights and duties of holders of these securities and corporate managers, directors and controlling shareholders. As part of this discussion, the course covers basic principles of accounting and financial analysis. PREREQUISITE: Business Organizations.

• 7060 - Commercial Law

  The fundamentals of the law governing commercial transactions. Because much of this law is codified in the Uniform Commercial Code, emphasis will be placed on the techniques for using the Code. A substantial portion of the course will be devoted to Article 9 of the Code dealing with secured transactions, including the interplay between Article 9 and Bankruptcy Code. Parts of Article 2 (sales), Article 2A (leases), Article 3 (negotiable instruments) and Article 4 (bank collections will also be covered).

• 7064 - Consumer Law

  This course is an introduction to and survey of principle statutes and common-law doctrines protecting consumers in the American marketplace. Typical topics covered include fraud, deceptive trade practices, product quality, warranties, equal access to credit, credit billing, fair credit reporting, price disclosure, and fair debt collection practices rules. Possible other topics include identity theft, pyramid schemes, and internet fraud.

• 7065 - Intellectual Property Survey

  This course will introduce students to the theory, doctrine, and institutions of the major intellectual property regimes, including copyright, patent, and trademark. Overall, the course seeks to examine the role of intellectual property law in the information age and its effects on science, the economy, culture and politics.

• 7070 - Federal Income Tax

  The course deals with federal income tax policies and principles. No previous background in tax, accounting or business is required. We will develop new skills in analyzing and interpreting statutes and regulations to combine with your existing ability to understand case law. Statutes cannot be understood or applied as mere strings of words; policy, politics and history must be considered. This course is not about how to complete returns, but how to pierce the prose to determine who gets what, and why. RECOMMENDED: Business Organizations.

• 7071 - Taxation of Business

  The federal income taxation of publicly-held corporations is compared to that of closely-held limited liability companies with respect to capital contributions, annual income or loss, periodic distributions, acquisitive reorganizations and complete liquidations. PREREQUISITES: Business Organizations, Federal Income Tax

• 7072 - Trial Advocacy

  A skills training course which uses text materials, problems, simulated courtroom settings, student performance, and faculty critique to teach basic trial advocacy skills. This course is comprised of two sessions per week: 1) an all-class lecture on a weekday; and 2) a smaller evening section on an assigned weeknight. The course concludes with a mock trial at the state courthouse. PRE- OR CO- REQUISITE: Evidence. Note: Second year students intending to enroll in the Criminal Clinic during their third year should enroll in Evidence and Trial Advocacy during their second year. This course satisfies the skills requirement.

• 7074 - Family Law

  This is an introductory course in family law. Topics include the law of marriage, divorce, and child custody, and the legal recognition of nontraditional family relationships. Possible other topics include family violence, balancing family and work responsibilities, and new reproductive technologies. Along with mastery of basic family law principles, this course will emphasize critique of existing family law doctrine and policy, and evaluation of recent reform proposals by family law judges, scholars, and practitioners.

• 7080 - Employment Law

  This course will introduce students to the employment laws in America beginning with the National Labor Relations Act through contemporary labor and employment issues today. The course will provide a survey of such issues as collective bargaining, private and public strikes, unfair labor practices, discrimination in its different forms, sexual harassment, glass ceiling and equal pay issues, disability issues, dealing with the EEOC, filing charges with the Utah's Department of Labor, and current issues in benefits, human resources, and right to work laws.

• 7080 - Securities & Corporate Law Research

  This one hour, pass-fail course focuses on research resources used in business and commercial practice. The emphasis of the course is on identifying sources and efficiently undertaking corporate, securities, and general business and commercial law research. It is not a class in the substantive aspects of corporate and securities law except as those aspects relate to the finding and interpretation of legal materials. Basic knowledge of corporate and securities law is assumed.

• 7080 - International and Comparative Family Law

  This course is for students interested in the comparative and international aspects of family law as well as for students interested in comparative and international law more generally. Topics likely to be covered include the regulation of marriage and its dissolution, emerging rights and duties of nontraditional partners, child custody, child abduction, financial support of children, establishing and enforcing child support orders transnationally, and reproductive freedom. RECOMMENDED: Family Law

• 7080 - Trademarks & Unfair Competition

  An examination of federal statutory and state statutory and common law regimes for protection of trademarks, including word and symbol marks, trade dress, dilution and miscellaneous unfair competition theories. Emerging issues relating to trademark law and the Internet, including Internet domain names, will also be covered.

• 7080 - Pre-Trial Practice

  The primary goal of this course is to prepare you to represent a client during the pretrial phase of a lawsuit. Today lawyers who litigate (except prosecutors and criminal defense attorneys) rarely take cases all the way through trial and appeal. In fact, less than 2% of civil cases filed in court actually go to trial. The other 98% are abandoned, settled, or resolved on motion practice. Therefore, in this course you will: prepare a pleading (complaint or answer); conduct “paper discovery” (i.e., prepare and respond to interrogatories, requests for admission, and requests for production of documents); conduct a witness interview and prepare a written interview summary; conduct a deposition and prepare a written deposition summary; prepare non-dispositive motions and memoranda (for or against jurisdiction, joinder, and interpleader); prepare and argue a dispositive motion (for or against summary judgment); and negotiate and document the settlement of a lawsuit. The course will have one class per week in which all students meet to discuss relevant concepts and skills, with small evening sections of about eight students each which will meet once a week with an adjunct professor to discuss, demonstrate, and critique the skills taught in the course.

• 7080 - International Intellectual Property Law

  This course provides an overview of multinational protection of intellectual property including patents, trademarks, and copyrights. The course explores marquee treaties and agreements governing the international protection of intellectual property and the multinational institutions operating under them. The course provides a comparative study of similarities and differences between U.S., European and Japanese patent systems in general and specifically with respect to biotechnology and computer related inventions. Harmonization objectives between U.S. and foreign legal systems will also be emphasized. A research paper will be required. PRE-REQUISITE: Intellectual Property Survey

• 7080 - Election Law

  We will examine contemporary issues in election law, including voting rights, redistricting, counting votes, the role of political parties, and judicial oversight of the electoral process. No background in politics or political science is required.

• 7080 - Cyberlaw and E-Commerce

  This course presents an interdisciplinary examination of the emerging laws of cyberspace and e-commerce. Specific units of the course will focus on internet governance, content regulation, privacy, jurisdictional boundaries, intellectual property protection, e-commerce facilitation, and criminal and tortuous conduct in cyberspace. Overall, the course seeks to understand the legal framework regulating global digital networks and explore the broader social, political and economic significance of cyberspace.

• 7080 - Client Crisis Management

  Lawyers often are required to manage client crises such as: whether and how to respond publicly to a mass tort (Firestone tires on Ford Explorers), government investigations (Arthur Andersen/Enron), and civil or criminal litigation (Martha Stewart). The course covers practical, legal, and ethical issues about dealing with the media and with an angry public, conducting internal investigations and mitigation efforts, and communicating with government regulators and outside auditors.

• 7080 - Terrorism

  The principal focus of this course is to ask what are the legitimate or appropriate responses of governments to terrorism. To get to that issue requires exploring background concepts of the international law or war, war crimes, and the power of individual governments to address criminal behavior with components in other countries. Along the way, we will very likely look at some of the literature on the nature of terrorist organizations in the world today.

• 7080 - Elder Law

  This two-credit course introduces students to the broad range of legal and policy issues and options affecting people as they age. Among others, topics covered include aging in America and around the world, special ethical issues when representing the elderly, protecting the legal and human rights of people as they age and/or face disabilities, aging network resources, Social Security, Medicare, Medicaid, planning for incapacity, surrogate decision making, guardianship, caregiving, abuse of vulnerable adults, health care, housing, long-term care, end-of-life issues, and international perspectives on aging. Classes are taught primarily in a lecture-discussion format, based on a series of case studies and readings. Required course work includes regular class attendance and participation, two written case studies, and a written analysis of a probate court visit. There is no exam or final paper. Students may also elect to enroll in the related elder law clinic that offers students placements in a variety of settings.

• 7080 - Commercial Payment Systems

  This course will cover the legal regulation of modern payment systems: promissory notes; checks; electronic funds transfers; letters of credit; credit and debit cards; and the evolving E-money. The course will focus on how the law resolves problems arising when payment fails due to fraud or mistake. As much of this law is statutory, the course will also provide an opportunity to develop the skills of statutory interpretation and analysis.

• 7080 - Arbitration

  The law, theories and practices of arbitration will be taught in a variety of settings. There will be a substantial focus on initiating and managing the arbitration process and drafting and enforcing arbitration awards. Grades are based on analytical writing and drafting.

• 7080 - Commercial Law: Secured Transactions

  An examination of security interests in personal property (personal property includes everything except land). The course covers the creation of a security interest in personal property, i.e., how personal property may be used as collateral for a loan; the "perfection" of a security interest; and the resolution of competing claims. This course is suggested for those seeking an emphasis in bankruptcy, corporate work, or lending.

• 7080 - Scientific Forensic Evidence

  This course will examine selected subjects in scientific forensic evidence, including the presentation of scientific proof and expert testimony in the courtroom, and such topics as pathology, DNA, polygraph, fingerprints, questioned documents, trace evidence, firearm examinations, forensic anthropology, computer forensics, and others. Students will be expected to learn the law and science in each area sufficiently to present such evidence in court and to discuss legal and policy issues. Guest speakers and field visits are planned. PREREQUISITE: Evidence.

• 7080 - Community Justice

  This class will not only study the problems of the poor/middle class getting access to justice, it will also increase such access! Readings and speakers will introduce the demographics and financial circumstances of low-income families, and survey the typical legal problems they face. Students may write a research paper that will assist an organization serving the needy, developing the paper topic in conjunction with that agency and the professor. These students will be graded on this paper. Other students will develop "course materials" about basic legal problems facing low/moderate-income persons and will teach from these materials at various sites in the community. These students will be graded on the materials they develop and the effectiveness of their teaching. Students may identify partner agencies and sites for community education themselves or rely upon faculty assistance.

• 7080 - Election Law

  We will examine contemporary issues in election law, including voting rights, redistricting, counting votes, the role of political parties, and judicial oversight of the electoral process. No background in politics or political science is required.

• 7080 - Supreme Court Practice

  SUPREME COURT PRACTICE (2) This seminar will explore the U.S. Supreme Court practice by following cases on the Court's current calendar. Each week we will read the filing in two or three cases before the Court and will discuss both the procedural aspects of the filings as well as the merits of the cases. We will also listen to oral argument and read opinions in cases that have been decided. In addition to the readings, students will be assigned to a small group that will draft either a petition for certiorari or a brief in opposition to a petition for certiorari that will be due at mid-semester. At the end of the semester, each student will write a paper analyzing the merits of a pending case and indicating how he or she thinks a case will be decided.

• 7096 - Competition Arranged

• 7096 - Competition Mediation

• 7096 - Competition: Negotiation

  Competition: Negotiation

• 7097 - Appellate Practice

  An examination of the practical and procedural components of appellate litigation. Students will receive instruction regarding the legal principles and skills involved in appellate practice and, based on a real trial transcript, apply these lessons by researching potential issues, writing an appellate brief and presenting a mock oral argument. The course will meet twice a week: an all-class lecture on a weekday followed by a smaller evening section on a weeknight. This course is recommended, although not required, for students wishing to participate in the Traynor Moot Court Competition. This course satisfies the skills requirement.

• 7098 - Traynor Moot Court

  Second or third year. Students will brief and argue an appellate legal issue and participate in the intra-mural moot court competition.

• 7099 - Moot Court Editor

  Third year. Members of the National Moot Court team will assist in running the Traynor Moot Court Competition and in providing written comments on briefs written by participants in the competition.

• 7200 - Natural Resources

  Provides the basic introduction and overview of management of public lands and natural resources. The course begins with the history of the public lands, including allocation of authority within the federal government and between federal and state governments. After an introduction to the National Environmental Policy Act and the Administrative Procedure Act, the course then looks at each of the six major resource areas: minerals, timber, range, wildlife, water, recreation, and preservation. Throughout the course, the environmental, economic, and social dimensions of natural resource policy and conflicts will be examined.

• 7220 - Oil & Gas

  Ownership, acquisition and development of domestic and international mineral resources focusing primarily on oil and gas, but including some hardrock mineral topics. Policy, conservation and environmental issues affecting development will be addressed, as well as various joint development arrangements. PREREQUISITES: Administrative Law OR Natural Resources Law.

• 7230 - Water Law

  Overview of the water allocation doctrines of riparian rights and prior appropriation; the origins of federal power over water resource allocation and controversies between the states and the federal government and between states over shared water resources; and practical aspects of water law and practice in the appropriation doctrine states.

• 7240 - Environmental Law & Policy

  An introduction to legal and policy issues of environmental protection and decision-making, including study of common law approaches to pollution control; and the theories and approach to federal laws governing environmental regulation.

• 7250 - Environmental Conflict Resolution

  This course examines the application of alternative dispute resolution (ADR) processes to resolve a wide range of environmental, natural resource and public policy conflicts, such as facility siting, access, wilderness designation, and pollution. The course uses case studies, conceptual and policy readings, and simulations that apply ADR processes to typical conflict situations. ADR processes to be studied include site-specific mediation, facilitated policy dialogue, public contract partnering, negotiated rulemaking, collaborative decision making, and community dispute resolution facilitation.

• 7250 - Wildlife Law

  This course is a survey of the legal issues relating to the status and treatment of wildlife and the management of natural areas for the conservation of biodiversity. Topics will include the relative powers of federal, state and local governments to regulate wildlife; the hunting and fishing rights of Indian tribes; governmental responsibility for harm caused by wildlife; federal and state endangered species acts; the management of public lands for biodiversity; the migratory bird treaty act; international trade in wildlife; and special protection for marine mammals.

• 7250 - Biotech & Chemical Patent

  This course provides an analysis of the most important patent cases involving chemical, pharmaceutical and biotechnology related inventions. The relevance of these cases to patent preparation and prosecution strategies will be emphasized. Attention will also be given to the interpretation of patent claims directed to chemical, pharmaceutical and biotechnology related inventions. PREREQUISITES: Intellectual Property Survey. RECOMMENDED: Patent Law

• 7260 - Environmental Practice

  This course will evaluate in detail the practical, procedural and strategic aspects of the practice of environmental and natural resources law using readings and simulated exercises. The course will cover practice elements under the Clean air Act, the Clean Water Act, the Community Right-to-Know Act and CERCLA. Exercises will include client counseling, witness interviewing, drafting administrative and citizen suit complaints, summary judgment motions, settlement negotiations and rulemaking practice. PREREQUISITES: Either Environmental Law OR Natural Resources

• 7261 - Clinic - Environmental

  The Environmental Clinic involves placement in a public, public interest or private law office to observe and work on environmental or natural resource issues while participating in a discussion class (Environmental Practice) to reflect upon the experience and observations. Prerequisites: One (1) of: Environmental Law, Administrative Law, or Natural Resources Cornerstone
  
  For more information see: Environmental Clinic Webpage

• 7290 - Disability Law

  Introduction to the rights of individuals with disabilities, with an emphasis on issues of nondiscrimination. The course will focus primarily on the Americans with Disabilities Act, but we will also address topics arising under other disability rights statutes, such as the Individuals with Disabilities Education Act and the Fair Housing Amendments Act. We will consider application of these statutes to a wide range of public and private settings, including public accommodations, education, institutionalization, and transportation. Throughout, attention will be paid to the history of discrimination against U.S. citizens with disabilities.

• 7300 - Administrative Law

  Federal and state administrative agencies not only adjudicate thousands more cases than all of the courts, they also legislate, making the bulk of rules that govern those cases. As the instrument of government charged with implementing government decisions, they also "execute the laws" as part of the executive branch. This course introduces the statutory policymaking roles of administrative agencies; the limits on their authority; the procedural requirements that structure agency decision-making; and the role of judicial review. The focus is on federal administrative agencies, though some aspects of state law are also discussed.

• 7310 - Securities Regulation

  Provides an introduction to federal and state regulation of securities and the institutions which comprise and regulate the securities industry. Emphasis will be placed on the Securities Act of 1933 (offers and sales of "securities," including regulation of public offerings, control person liability) and the Securities Exchange Act of 1934 (reporting companies, fraud liability, securities exchanges, brokers and dealers, proxies).

• 7320 - Antitrust

  The study of the law and economics of antitrust policy and the public and private methods for enforcing antitrust policy. Particular emphasis is placed on the Sherman and Clayton Acts and the issues of monopolization, mergers, price fixing, boycotts, tying arrangements and state and local government actions displacing the competitive process.

• 7330 - State & Local Government

  An examination of the structures and allocation of power at the state and municipal levels, budgets, educational policy, and land use policy. The course also serves as an introduction to principles of state constitutional law.

• 7350 - Immigration Law

  Through the study of statutory and case law as well as historical and contemporary theories and debates about immigration, this course provides a review of immigration and asylum law and policy. The course explores issues such as the meaning of membership in the "national community" and obligations of members to those deemed outsiders. We will analyze these issues through the examination of asylum law, types of entries by foreigners, deportation, exclusion, immigrant and non-immigrant status, employment law, and citizenship.

• 7360 - Health Law

  Health Law provides an introduction to the broad array of legal principles involved in the delivery of health care today. Legal issues related to health policy, health care administration, and biomedical ethics will be included. Topics to be addressed include the physician-patient relationship; confidentiality; informed consent; medical error and apology; medical malpractice and tort reform; end of life issues such as withholding and withdrawing care; Good Samaritan laws; reproductive health issues, including contraception, abortion, and stem cell research; human subjects research; organ transplantation; and regulation of pharmaceuticals. Students have the opportunity to (but are not required to) also participate in the Health Law Clinic. See Clinical Program Descriptions for more information regarding Health Law Clinic.

• 7361 - Clinic - Health Law

  The Health Law Clinic introduces students to current issues in medical care and treatment, including how to assure the quality of care and how to make medical care broadly available. Students work in a wide variety of settings in which the issues of quality and access arise. The co-requisite Health Law Course provides a forum for students to share their experiences and explore these issues in greater depth.
  
  For more information see: Health Law Clinic Webpage

• 7410 - Constitutional Law II

  Individual rights in constitutional law. Topics include equal protection and freedom of expression and religion. This course is required for graduation and must be taken in the second year.

• 7420 - Rights of Crime Victims

  In recent years, a strong movement has developed urging that crime victims should play a role in the criminal justice process. This class will explore what role and rights (if any) crime victims should have. Topics to be discussed include defining the "victim"; victim protection; victim involvement in the investigation of the crime, the charging decisions, plea bargaining, and trial; victim impact statements at the sentencing; representation of victims and remedies for deprivations of victims rights; civil remedies as an adjunct to the criminal process; and the proposed federal constitutional amendment protecting victims rights.

• 7435 - Entertainment News Media Law

  This course provides an interdisciplinary examination of entertainment and media law with a particular emphasis on recent issues involving the protection of intellectual property rights on the Internet. Topics will include constitutional questions involved in the regulation of creative content; applications of copyright law to technological developments such as movie editing and digital sampling; antitrust concerns over practices by entertainment and media conglomerates; and recent controversies involving media file-sharing on the Internet. Students will have to make extensive use of the Internet throughout the class.

• 7440 - Teaching Law in the HS

  Students study legal issues in areas of family, criminal and constitutional law in a seminar session each week and team with other students to present those subjects in a high school classroom.

• 7450 - Law and the American Indian

  Analyzes the development of the legal and political relationship between the tribes and the United States as viewed through court decisions and Acts of Congress. Emphasis will placed on current legal problems and issues facing indian tribes and the relationship with the United States and the states.

• 7560 - Advanced Legal Research

  This class builds on the basics introduced in the first year Legal Methods/ Legal Research course. Students will have a variety of research experiences and will be given the opportunity to develop practical legal research skills in researching print and electronic legal and non-legal materials. Written research projects will be required throughout the course.

• 7570 - Drafting- Contracts

  This course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.

• 7570 - Drafting- Real Estate

  A discussion and writing course focusing on documents which are typical to significant commercial real estate transactions. Students will be required to understand fundamental principles of contract drafting, and draft a variety of real estate documents conforming to the nature and scope of several hypothetical transactions. Emphasis is placed on precise drafting and on effective representation of a client by means of document drafting process. We will also address in the drafting process some basic principles of title insurance and surveys. Limited Enrollment.

• 7570 - Patent Document Drafting

  This course will provide students with an opportunity to obtain practical experience in drafting and prosecuting patent applications. The course will examine substantive issues involved in drafting the written description for the patent application, such as enablement and best mode; drafting means plus function claims and other claim types; providing adequate support in the specification for the claimed invention; and procedural issues involved in the filing and prosecution of the patent application before the Patent and Trademark Office. Students will be required to draft a complete patent application for a mechanical invention. Both written (e.g., formal response to a first office action by the USPTO) and oral (e.g., conducting an Examiner Interview) final examinations will be given. PREREQUISITE: Patent Law. Limited Enrollment.

• 7600 - Trusts & Estates

  This course explores the legal problems related to inter vivos and testamentary gratuitous transfers of wealth, including: intestate succession; wills and the construction of wills; will substitutes, including trusts, contracts, multiple party bank accounts, and gifts; restrictions on transfers of wealth aimed at protecting the family; class gifts; and probate and trust administration. Close attention will be paid to the Uniform Probate Code, and the policies they reflect.

• 7602 - Estate Planning

  This course will explore the tax and non-tax issues involved in planning estates for individuals of different financial and personal circumstances. Students will receive a thorough grounding in the tax concepts that pertain to the transfer of wealth both during life and at death. Students also will have the opportunity to conduct a client interview and complete planning/drafting projects during the semester. Limited Enrollment. PRE OR CO-REQUISITE: Trusts & Estates Recommended: Federal Income Tax.

• 7625 - Middle Eastern Law

  The course will offer an overview of Islamic and Middle Eastern law, and will provide an occasion for students to participate in the elaboration of a Casebook in the field. It will cover the major legal subjects in the discipline with a focus on the modern period. In addition to a historical survey of sources and periods of ME law, topics include judicial review, constitutional law, obligations, commercial law, family law, human rights and criminal law.

• 7626 - Small Business/Non-Profit Consulting

  This course will introduce students to a range of skills and legal expertise useful in representing small business and non-profit organizations. Students will participate in classroom workshops to hone their skills in client interviews and written client communications, as well as class sessions devoted to relevant areas of substantive law. As a part of classroom component of the clinic, students will be afforded an opportunity to conduct ‘mock’ interviews with small business and non-profit executives in the classroom, with feedback from interviewees and instructors. Each student will be introduced to a small business or non-profit organization for whom the student will conduct a legal audit, prepare and present oral and written reports of their findings, and, in some cases, prepare documents or instruments in connection with those findings, all under the general supervision of instructors and a pro bono consulting lawyer. Students will consult with client organizations to define the nature of the client’s business or non-profit organization, the clients’ concerns and goals, and areas of legal concern. The legal audits will generally focus on form of organization, compliance with formal legal requirements, including issues relating to capacity and authority, regulatory compliance, employment law issues and special matters arising out of the specific industry or area of activity of the client.

• 7627 - Small Business/Non-Profit Clinic

  The Small Business / Non-Profit Consulting Clinic introduces students to the range of skills and legal expertise required to represent small business or non-profit organizations. Students will consult with their client organizations to define the clients’ concerns and goals, formulate plans to address them, and provide legal advice and related services under the supervision of a pro bono consulting lawyer.

• 7628 - Family Law Clinic

  The Family Law Practice Clinic prepares students to pursue careers in family law practice and to be able to undertake needed pro bono work in family law.

• 7629 - Innocence Clinic

  The Innocence Clinic introduces students to the criminal justice system from the perspective of a wrongfully convicted individual. Students learn about errors in the system by dissecting and investigating closed cases where errors may have been made resulting in the wrongful conviction of an innocent person. This is a year-long clinic, and involves a 2-semester commitment. It is open to both 2nd and 3rd year students.

• 7630 - New Ventures Clinic

  This clinic is a year-long clinic and includes placement in one of three tracks. It allows students to experience the legal and business analysis involved in launching a technology-based venture. Clinical experience will be based on actual technologies and businesses. Topics include invention disclosures, technology assessment, enforceability of confidentiality, material transfer agreements, intellectual property protection, market potential, competitor analysis, freedom to operate, capitalization, licenses and employment agreements. The clinic will also provide opportunities to work collaboratively with inventors, MBA students, licensing managers, and venture capitalists.

• 7632 - Environmental Planning Law and Policy

  A survey with local cases studies of federal, state, and local environmental laws, policies and procedures governing air quality, climate change, water quality, wetlands protection, hazardous and radioactive waste regulation, remediation and development of contaminated properties, environmental impact assessment, endangered species, and cultural resources, and how such laws and policies affect urban planning and the urban environment.

• 7700 - Land Use Control

  Prepares students to represent private and public clients with respect to the development of real estate. The course examines public land use controls such as zoning and subdivision regulations, and private land use controls such as restrictive covenants and nuisance litigation that may limit the available options for deriving profit or pleasure from real property. This course is a companion to the Real Estate Transfer & Finance Course.

• 7701 - Real Estate Finance

  Prepares students to represent private and public clients with respect to the acquisition and finance of real estate. Covers the fundamental concepts, issues and documents involved in real estate transfer and mortgage finance. Marketing of realty, short-term contracts for sale of land, and mortgages and other devices for creating and enforcing security interests with respect to land will be covered.

• 7760 - Patent Law

  This course will provide students with an opportunity to study the substantive patent law issues which constitute conditions for patentability. Specifically, this course will explore the case law which has evolved in connection with the interpretation of several key statutory sections of Title 35 (the 1952 Patent Act), including section 101 (eligible subject matter and utility), section 102 (prior art, novelty, and loss of right), and section 103 (non-obviousness).

• 7761 - Criminal Penalties

  This course will examine the rules that govern the determination and administration of criminal sentences. More specifically, we will consider 1) sentencing procedures, which govern the choice of the penalty for an individual offender; 2) sentencing policies, which shape legislative choices of penalties; and 3) the administration of prison sentences. Within these three broad areas, we will examine specific topics such as federal and state sentencing guideline systems, the choice between incarceration and other forms of criminal sanction, prisoners' rights, and the extent to which the Constitution restricts sentencing choices.

• 7763 - ERISA: Pensions & Benefits

  The Employee Retirement Income Security Act (ERISA) is the federal statute that regulates both employer provided pensions and employee welfare plans (health benefits). As questions are increasingly being pressed about the solvency of the Pension Benefit Guarantee Corporation as well as health plans, it is important to understand how ERISA works and what about it might need to be changed. This course will be both a "nuts and bolts" examination of ERISA and a discussion of current policy concerns about pensions and health benefits. The requirements will be class participation and a final paper.

• 7766 - Environmental Law: Pollution Control

  This course will begin with an examination of the theories of and approaches to statutory interpretation. We will then take an in-depth look at four major federal pollution control statutes, the Clean Water Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (LERCLA), and the Resource Conservation and Recovery Act (RCRA). PREREQUISITE: Environmental Law & Policy

• 7767 - Banking Law

  This course introduces the legal and regulatory framework of the banking system in the U.S. The course begins with a review of the historical development of American banking and then moves to a discussion of various issues that have arisen as a result of this distinctive history, including the definition of the banking business, the rationales for bank regulation, geographic restrictions, liability issues, and limitations on bank activities. The course also examines the growth of the modern "financial services" industry and the legal, political, and public policy issues surrounding the most recent attempts to reform this industry in the context of a general overhaul of the banking system.

• 7768 - Public Health Law

  This course covers four components: the patient ( rights, duties, entitlements); the relationship between the health care professional and the patient; the relationship between the patient/physician and the hospital/nursing home (i.e., heath care institutional law); and the health care system and government regulation (Medicare, etc.). Students may wish to (but are not required to) also participate in the Health Law Clinic. See Clinical Program Brochure for more information regarding Health Law Clinic.

• 7769 - The Law of Climate Change

  This course surveys fast-evolving laws and policies addressing climate change, including international treaties, domestic national and state programs, and private commercial transactions. The course will also examine corporate accountability issues relating to climate change, the various legal elements of government, quasi-government and private carbon credit markets, and the relationship of sustainability to climate change policy.

• 7770 - Bankruptcy Survey

  With an eye toward both business and consumer issues, the course briefly surveys state law collection remedies and then focuses on federal bankruptcy relief available in cases under Chapter 7, Chapter 13, and Chapter 11 of the Bankruptcy Code.

• 7771 - Biotech Law & Ethics

  Biotechnology is an exceedingly promising tool for progress in medicine, agriculture and industrial products. Yet this young technology is highly controversial and fraught with legal and religious/ethical implications, particularly in human reproduction, cloning and bioengineered food and animals. The course is designed to cover broadly legal and ethical issues such as intellectual property, stem cell research, bioengineered food, gene therapy, drug law (especially the tension between branded and generic drugs) and criminal law ("DNA finger printing"). Students will not be expected to bring in-depth understanding of the legal or scientific principles involved. Students primarily interested in intellectual property law can expect to learn how biotech uniquely affects patent law. Students not primarily interested in patent law should learn how biotech broadly affects legal issues while learning some of the fundamentals of intellectual property.

• 7772 - Advanced Torts

  This class will focus primarily on the following torts: Defamation, Invasion of Privacy, and Interference with Economic Interests.

• 7773 - Intellectual Property Licensing

  This course will examine, in-depth and from a legal practitioner perspective, the licensing of a variety of items of intellectual property - patents, trade secrets, trademarks and copyrighted materials. We will simulate the negotiation and drafting of complex commercial IP licenses in a sophisticated corporate technology setting. In doing so, we will address legal, business, political, organizational, psychological, technological and ethical dynamics involved in negotiating and closing the deal.

• 7774 - Environmental Law & Engineering

  This is an interdisciplinary graduate water or environmental law course for engineering, science, and law students. The course will be co-taught by faculty in the College of Engineering and College of Law and will address technical or scientific problems involving environmental or water law. This course will provide engineering and science students an introduction to water law and/or environmental law, and law students an introduction to engineering and science. At the same time, it will teach both groups of students the critical communications and other skills necessary to deal effectively with the other disciplines. These dual goals will be accomplished through a combination of lectures and collaborative interaction between the law and the science and engineering students working together in teams on the selected problems. Prerequisite: Environmental Law & Policy

• 7775 - Business Bankruptcy: Reorganizations

  Class discussions and practical exercises in Chapter 11 business reorganizations: From filing of the bankruptcy petition to the confirmation of the plan of reorganization. The Bankruptcy Survey and Secured Transactions courses are related and helpful, but neither is a pre-requisite. Informal oral argument and short legal memoranda required. Limited Enrollment.

• 7776 - Comparative Dispute Resolution

  The first half of the course will explore the dispute resolution processes used most frequently in the American judicial system - negotiation, mediation, arbitration and litigation. From there, we will look at different models of decision-making and dispute resolution used in other cultures, some of which (but not all) have been adapted for use in our system. These will include, but not be limited to, collaborative problem solving approaches and community-based decision-making techniques. Several fact patterns will be used throughout the semester in simulations to assist the students in applying the various dispute resolution methods, and comparing / contrasting the practical results.

• 7777 - Patent Litigation

  This course will take students through a hypothetical patent lawsuit. No background in science or technical fields is required, as many patent litigators do not have such a background; however, the substantive patent course is a prerequisite. Limited enrollment. Pre-requisite: Patent Law OR Intellectual Property Survey

• 7778 - Remedies

  Remedies law is of immense practical significance. All litigators need to know about remedies, as winning on liability is a hollow victory if no effective remedy is won as well, but transactional lawyers also need to know about the extent and limits of court-ordered remedies if they are to render effective advice to clients. Clients are rarely interested in the principle of the thing; they want to know what the law can do for or to them, and that question is answered in the civil context by remedies law. This class will examine the different types of remedies available, such as compensatory, preventive, punitive and ancillary. It will also look at the nature of proof required to qualify for each of these types of remedies: for example, how to value non-monetary losses or when injunctive relief is appropriate. Finally, it will look at some of the defenses that a defendant who has lost on liability may nevertheless raise against the imposition of particular remedies.

• 7779 - American Health Care System

  The American Health Care System is designed to introduce law students to the medical personnel, institutions, and health care delivery systems that they will inevitably encounter while participating in a variety of types of actions, including medical malpractice, personal injury, workers compensation, products liability, and age and disability discrimination. The course provides an introduction to the medical training, licensing, and peer review processes (including practical descriptions of the medical personnel hierarchy and the typical responsibilities of trainees and supervising physicians within the treatment team); a discussion of various common practice structures; a review of insurance and other healthcare financing structures (including fee for service, HMOs, and Medicare/Medicaid); and a summary of antitrust constraints on medical providers. This course also includes a policy-oriented discussion of the future of health care delivery and financing.

• 7780 - Health Care Regulation

  Health Care Regulation is designed to provide an overview of the restrictions and obligations applied to medical practitioners. The course is a survey of a broad range of health law topics, and explores state and federal regulation of physicians, other health care professionals, hospitals, and medical insurers. The course addresses issues such as medical malpractice; confidentiality issues (such as the physician-patient privilege, HIPAA, and reporting obligations regarding infectious diseases, child abuse, elder abuse, and trauma); informed consent (including the ability of adolescent minors to consent to treatment, consent to emergency care, and consent in the setting of clinical research); public health; family planning and reproductive health; and the regulation of pharmaceuticals.

• 7781 - Technology Commercialization (Year-long)

  This course, along with a clinical component, examines the various legal components required to successfully transition a technology from early conception to out-licensing for commercial development. Topics include invention disclosures, technology assessment, enforceability of confidentiality, material transfer agreements, intellectual property protection (including patents, know-how, trade-secret and copyright) and technology out-licenses. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel.

• 7782 - Justice Through Research: A Think Tank on Global Justice Issues (Year-long)

  Students will do research on contemporary global issues involving justice and the rule of law. The research and related drafting will often be in partnership with outside organizations such as governments, non-governmental organizations, non-profit organizations, think tanks, and other academic institutions. Students may often work in teams with other students and faculty on various projects. Year-long, ungraded.

• 7783 - Appellate Practice Survey

  The Appellate Practice Survey course provides an overview of the rules of appellate procedure and an introduction to appellate process. This class is designed to ensure that students will understand how their assigned clinical work fits into the entire appeal and will learn about aspects of the process for which they are not directly responsible. Students may be asked to complete short exercises or to analyze aspects of their case to enhance learning from their clinic work. The course is offered for 1 credit on a Pass/Fail basis.

• 7784 - Sports Law

  A substantive examination of concepts and cases from legal disciplines which affect professional, amateur, college and international sports. Particular attention will be paid to the intersection of sports and antitrust law, labor law, contracts, torts, agency, intellectual property and constitutional law.

• 7786 - Jurisprudence

  The course is a survey of various theories, both historical and contemporary, as to what guides and constrains legal interpretation. Is legal interpretation simply a matter of following a text? Do moral considerations play a legitimate part in that process? Is "legislative intent" a proper guide for applying statutes, and how does one discover that "intent"? Is legal interpretation an objective science or a subjective art? The course will cover, among other things, the theories of natural law, legal positivism, realism, critical legal studies, law and economics, and legal process theorists.

• 7787 - Internet Regulation

  In 1996, Judge Frank Easterbrook claimed we no more need a class in the “law of cyberspace” than one in the “Law of the Horse.” Since then the Internet has more than sprung the gates of its pasture. Legislatures and courts are scrambling to understand cyberspace and fit it (sometimes awkwardly) into the structures of “real world” law. This course seeks to bring together Code, Law and Social Policy in addressing burgeoning legal issues on the Internet.

• 7788 - New Ventures (Year-long)

  The class will present an overview of the legal process of and issues involved in the commercializing technologies and launching new ventures. Students will also share their intern experiences in order to maximize their learning from their work. Grades will be based on students’ work product and/or recommendation of attorney-supervisor, class participation, and presentations at the end of each semester. The clinic will also provide opportunities to interface with inventors, corporate representatives, as well as outside patent and corporate counsel. Year-long enrollment required; FOUR credits total. RECOMMENDED: Lawyering Skills or Lawyering Skills/Legal Profession. See Clinical Brochure for further information on the New Ventures Clinic.

• 7789 - Global Perspectives on Counter-Terrorism

  This course will take an in-depth look at counterterrorism in China, Columbia, India, Israel, Russia, Spain and the United States. The course will examine the competing conceptions and definitions of terrorism at the national and international level and the institutions and processes designed to execute the "Global War on Terrorism."? This course will include the study of the balance between national security interests and civil liberties found in the following topical areas: relevant Supreme Court decisions in the surveyed nations, legislative provisions in response to acts of terrorism, operational counter-terrorism considerations (including targeted killing), intelligence gathering (including interrogations), policy recommendations, the use of military tribunals or civil courts in trying suspected terrorists, the emerging law regarding enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level. In addition to the regularly scheduled class time (Thursdays, 3:15-5:45), the class includes a full day scenario based counterterrorism simulation exercise in which students role play decision makers (US and international) addressing legal, policy, intelligence (gathering and analysis) and operational counterterrorism dilemmas using multiple media resources. NOTE FOR ALL STUDENTS ENROLLED : Participation in the all-day simulation exercise scheduled for Friday, April 4, 2014 is mandatory for all students enrolled.

• 7790 - Energy Law

  This course offers an introduction to federal and state regulation of energy. Both "traditional" fuels and emerging, "alternative" energy sources will be covered. Course units will place particular focus on the history of energy law; current energy policy under the Energy Policy Act of 2005 and other statutes; the tension between state and federal jurisdiction; ratemaking; regulation, deregulation, and energy markets; energy law as an environmental issue; and the future of energy. Case studies will provide a window into cutting-edge issues in energy law and policy.

• 7791 - Civil Rights

  By this stage of your law school career, you have already studied Constitutional Law and have a sense of the array of constitutional rights that exist in the United States. Likewise, your study of Civil Procedure has provided you with an understanding of the nuances of civil litigation and the role that procedural considerations play in the practice of law. This two-credit course will build on your knowledge of those fields by focusing on the principal civil means of asserting one’s constitutional rights: 42 U.S.C. § 1983.

• 7792 - Refugees and Aliens in International Law

  This course will provide an overview of the international law relating to the protection of refugees, while also considering that particular body of law within the broader framework of the international law relating to aliens. We will commence with an examination of the historical origins of refugee law, and the evolution of the current refugee regime. We will then analyze the key concepts that structure the refugee regime; while our principal focus will be on US policy and jurisprudence, we will also examine the policies and practices of other jurisdictions such as the European Union. The refugee regime will also be compared to other regimes also dealing with aliens, such as the regime relating to migrant workers. The last part of the course will consider the various challenges that refugee law now confronts, as a result of various other inter-connected forces in the international system-such as poverty, terrorism, globalization and migration.

• 7792 - Refugees & Aliens

  This course will provide an overview of the international law relating to the protection of refugees, while also considering that particular body of law within the broader framework of the international law relating to aliens. We will commence with an examination of the historical origins of refugee law, and the evolution of the current refugee regime. We will then analyze the key concepts that structure the refugee regime; while our principal focus will be on US policy and jurisprudence, we will also examine the policies and practices of other jurisdictions such as the European Union. The refugee regime will also be compared to other regimes also dealing with aliens, such as the regime relating to migrant workers. The last part of the course will consider the various challenges that refugee law now confronts, as a result of various other inter-connected forces in the international system-such as poverty, terrorism, globalization and migration.

• 7793 - Juvenile Justice

  This course will examine the treatment of juvenile offenders in the legal system, with emphasis on the constitutional parameters of preventing, adjudicating, and sanctioning criminal behavior by minors. Topics include the justification for distinguishing juvenile and adult offenders, age-based status offenses, the constitutional rights of juvenile delinquents, and the legal mechanisms for transferring minors to adult criminal courts. The course will address child welfare issues regarding the adjudication and disposition of abuse, neglect and dependency cases.

• 7793 - Juvenile Court Law

  This course will examine the treatment of juvenile offenders in the legal system, with emphasis on the constitutional parameters of preventing, adjudicating, and sanctioning criminal behavior by minors. Topics include the justification for distinguishing juvenile and adult offenders, age-based status offenses, the constitutional rights of juvenile delinquents, and the legal mechanisms for transferring minors to adult criminal courts. The course will address child welfare issues regarding the adjudication and disposition of abuse, neglect and dependency cases.

• 7794 - Family Law Practice

  This is an introductory course in the legal and practice aspects of family law. The course will be problem-based and practical, permitting law students to know the basic “how to’s” for advising about family law problems, and permitting mental health professionals to gain a basic understanding of the legal standards and processes that apply to their clients with family legal issue. Topics include the law of divorce, and child custody, modification of divorce decrees, family violence, paternity, adoption, guardianship, child abuse, neglect and parental termination. Along with mastery of basic family law principles, this course will emphasize critique of existing family law doctrine and policy, and an understanding of the emotional and psychodynamic issues involved in these family law cases.

• 7795 - History of Race and American Law

  This course will survey the interplay between the legal and historical construction of race in the United States from the colonial period to the present. Rather than focusing on one “race” at a time, we will focus on how the racialization of different groups occur in the law over time in relation to each other, and in relation to the construction of the unmarked category of “whiteness.” Using a methodology that studies race as a process rather than a thing allows us to see how so-called discreet “races” are actually constructed in relation to each other. Some of the topics we will cover include: In what ways did the expansion of slavery necessitate the conquest of Mexico? How did the early different legal categorizations of Black versus Indian cause the on-going tension in Indian law between sovereignty and race? Why were Asians seen as unfit for citizenship at the same time certain groups of Latinos were effectively white? Why does Puerto Rico remain a territory while Hawaii is a state? Students will read both historical materials, texts and case law.

• 7796 - Mining Law

  Definitions of mineral interests, land status determinations, acquisitions of mineral rights, primarily as to the public lands, mining entry and location of claims, mineral leasing, mining agreements.

• 7797 - International Bankruptcy

  International business requires cross-border cooperation in order to rescue, or liquidate, troubled enterprises. This course examines international issues, such as jurisdiction and court-to-court cooperation, in the context of American, European and Asian bankruptcy laws and practices.

• 7800 - SEM-Environmental Triage in India

  India’s aggressive industrial growth, promoted by its grant of increasingly permissive access to its resources and markets by multinational corporations, is causing intensifying collateral environmental damage. Despite an array of seemingly familiar environmental protection statues and regulations, India’s development is accompanied by increasing dislocation and penury of forest dwelling tribes and rural peoples, destruction of forest and ecosystems on a massive scale, loss of habitat for tigers, Asian elephants and many other unique species, and severe air, water, and other hazardous pollution. Yet important environmental protection rulings by India’s Supreme Court, and a legal framework inviting continuing efforts by environmental NGO’s, and recent policy statements by the Minster of Environment give reason for optimism. This seminar offers opportunity for a wide range of research and paper topics exploring India’s many environmental protection problems and the rule of law, or law reform, in generating solutions. As an alternative to traditional seminar papers, students may choose to prepare background memoranda on environmental issues in aid of litigation undertaken by environmental advocates in India.

• 7800 - SEM-Human Rights & Multinational Enterprise: Questions of Accountability at Home & Abroad

  This seminar explores the challenge of regulating the human rights conduct of multinational business in a world of nation states. The seminar will offer students the opportunity to examine the extent to which public international law places obligations on private actors to comply with human rights norms. The seminar focuses on the development of international regulatory systems and voluntary corporate initiatives to address the effects of multinational industry on human rights, the environment and governance. Class discussions will consider the potential liability of multinational corporations for alleged violations of international human rights law, corporate complicity in alleged abuses through partnerships with repressive governments, the challenges and practical concerns of corporations operating abroad, counseling corporations engaged in social responsibility efforts, the responsibility of parent corporations for human rights violations by their foreign subsidiaries, and recent efforts to use domestic courts to enforce international legal standards on multinational corporations.

• 7800 - SEM-Climate Change (Year-long)

  This course will require a research paper dealing with climate change. The course will cover global warming and its projected impacts; international control efforts; federal and state program to reduce green house gas emissions; and economic-based controls. It will examine the various ways to control carbon emissions from the electric power industry and from transportation sources, including the use of alternative energy technologies. This is a year-long course; enrollment in both the fall and spring components of this class are required; partial credit is not an option. Students will receive a total of 4 credits (2F, 2S) upon successful completion of this course. This course satisfies the seminar requirement for graduation.

• 7800 - SEM-Equality, Liberty & Civil Rights

  This seminar explores the role of courts in defining and protecting civil rights, focusing on the constitutional principles of equal protection and substantive due process. By examining civil rights claims advanced by people of color, women, lesbians and gay men, and people with disabilities, we will seek to answer the following questions: Under what circumstances should courts afford heightened protection to particular groups? Should civil rights claims be framed as equality or liberty claims? Finally, what roles should courts and legislatures play in the recognition of civil rights? Prior completion of Constitutional Law II is strongly recommended.

• 7800 - SEM-Law, Religion and Environmentalism

  Often underexplored is the interrelationship among environmental activism, religious mores, and legal institutions. Religion is both the source of and the earliest form of "the law." At the same time, religion is one of the most powerful forces shaping our views of how we relate to the natural world. This seminar focuses on these questions: How does religion inform environmental law and activism? Do religious tenets militate for more environmental protection, or less? Should religious adherents be environmentalists because of (or despite) their beliefs? Should environmental, energy, and natural resources law and policy shift based on religious-centric views of the environment? The seminar explores these questions from multiple religious perspectivesmonotheistic and polytheistic, Judeo-Christian and Eastern, Mormon and non-Mormon, and more.

• 7800 - SEM-Law & Literature

  There are two branches in the study of law and literature: law in literature and law as literature. The first branch looks at how law appears in literature in order to understand how law relates to the larger society. This approach also suggests that the study of literature, by developing empathic responses to the lives of others, can help lawyers and judges be better jurists. The second branch posits that the study of literary forms may aid the lawyer in the interpretation of legal texts, such as judicial opinions. This seminar will touch on both branches, although the focus will be on the first: law and lawyers as they appear in literature, and the ways that literature can enrich our understanding of what law and lawyering can mean.

• 7800 - SEM-Conservation Easements: Theory and Practice

  This seminar will explore the important issues associated with the use of conservation easements as a land protection tool. It will begin with a discussion of the history of the use of conservation easements in the United States and end with an exploration of emerging issues in the field. All aspects of the law will be covered, including federal tax law, state property law, and state law governing the operation of charities and their use and disposition of charitable assets. Guest speakers may be invited to present to the class. To satisfy the seminar requirements, each student will be required to complete a major research and writing project. The project will be edited and critiqued by the Professor, the work must be rewritten until it is of high quality, and each project will be reviewed and critiqued by all students as part of end-of-the-semester oral presentations. Students may write on a wide range of topics concerning conservation easements and other incentive-based land protection tools, nonprofit conservation organization governance, and related private land conservation issues. Successful completion of the 2 credit course will satisfy the seminar requirement.

• 7800 - SEM-Global Justice

  What is "Global Justice"? This seminar explores issues surrounding this admittedly broad and malleable term that encompasses terrorism, national security, sovereignty, separation of powers, energy, environment, economy, human rights, civil liberties, and international relations. Student seminar papers of superior quality may be considered for inclusion in a blog to be hosted by Oxford University Press; Professor Guiora is Editor-in-chief.

• 7800 - SEM-Genetics, the Brain & the Law

  This seminar will examine how developments in behavioral biology have influenced, or are influenced by, the law. Will a better understanding of genetics and neuroscience radically overhaul the criminal law, making us see murderers as broken machines rather than moral monsters? Perhaps not, but we will discuss how sentencing and parole decisions may be affected by advances in behavioral biology. Possible other topics include the admissibility of brain-based lie detection, the politics of DNA databases, the use of neuroscience in tort law cases to show injury and pain, genetic testing for immigration purposes, off-label use of cognitive enhancing drugs such as Ritalin or Adderall, the selective transfer of embryos with particular genetic traits, brain death, and how cognitive neuroscience may inform the crafting of legal rules. Student input and interest will help structure the course. No scientific background is required or expected.

• 7800 - SEM-Comp Persp on Inequality & Inclusion

  Virtually every country has some disfavored social group that is disproportionately overrepresented in prisons and underrepresented in institutions of higher education, well-paid employment, and government. Many countries have attempted to use law to redress past discrimination or ameliorate present discrimination against such disfavored groups through some method of affirmative action or positive discrimination. While such efforts have met with success in many nations, they have not been without their difficulties and detractors. This course in constitutional, comparative, transnational and international law will consider past and present policies in India, Brazil, South Africa, and the U.S., designed to improve the socioeconomic conditions of disfavored and disadvantaged groups in each country. The course will compare the legal and policy responses different countries have adopted to address persistent patterns of discrimination, inequality, and exclusion. The course will consider the practical impacts of past initiatives, the structure of programs presently in place, the various normative justifications offered in defense of existing affirmative action policies, and the future of these policies at home and abroad.

• 7800 - SEM-War and Terrorism

  The principal focus of this course is to ask what are the legitimate and appropriate responses of governments to terrorism. To get to that issue requires exploring background concepts of international law and the power of individual governments to address criminal behavior with components in other countries. We can also look at some of the literature on the nature of terrorist organizations, the roots of political violence, and the impact of globalization on the phenomenon.

• 7800 - SEM-Environmental Law at the Supreme Court

  This seminar will explore the U.S. Supreme Court’s environmental and natural resource jurisprudence, particularly its development over the past twenty-five years. We will begin by discussing general rules and practices of the Court as well as different advocacy strategies. We will then read through the briefs and entire opinions in several decided environmental cases. In particular, we will cover environmental cases involving standing, interpreting statutes, defining the term agency action, and applying the arbitrary and capricious standard. Finally, we will evaluate pending certiorari petitions and cases involving environmental issues in the October 2008 Term. Throughout the semester, we will read various scholarly works on both the Court and its environmental jurisprudence and will focus on one central question: Is there something special about environmental law at the Court? You may write your final paper for this class on any of the pending cases or on one area of decided cases.

• 7800 - SEM-Parenthood, Childhood, & the State

  This seminar explores how the state shapes the meanings of parenthood and childhood. We will begin by examining the constitutional rights of parents and children, and the circumstances in which the state intervenes in the relationship between parent and child. To examine how the state regulates parenthood, we will focus on laws governing child abuse and neglect, adoption, and reproductive technologies. To examine how the state regulates childhood, we will focus on laws governing juvenile justice, the child welfare system, and the regulation of childhood sexual development.

• 7800 - SEM-International Resource Conflicts

  In this seminar we will explore conflicts among nations (and interest groups within nations) over major natural resources, such as oil and gas, water, fish and wildlife, and minerals. Readings will address a range of past and potential future solutions to resource conflicts in diverse areas around the world. A major research paper will be required.

• 7800 - SEM-Critical Race Feminism

  Critical Race Feminism (CRF) is a scholarly literature that originated in law schools in the late 1980s and early 1990s. Its mission has been to provide a progressive critique of traditional liberal doctrines of the rule of law through the lenses of race and gender and an analysis of power. It’s central goal is to keep law students thinking critically about the “received wisdom” of legal analysis. Students in this seminar will become conversant in some of the core literature of the field. Students will also be exposed to some of the CRF methodologies of the humanities, which focus more on the role of culture.

• 7800 - SEM-Private Land Conservation Think Tank (Year-long)

  [View Full Description]
  This course combines elements of two standard course-types in legal education—research seminar and clinic—and includes a third, web-based research portal component. As in a seminar, each student will produce an in-depth paper that will be critiqued by the Professor and then revised and presented to the class for review and critique. As in a clinic, the students will, through their research projects and in collaboration with the Professor, provide research assistance to institutions and persons outside the law school and/or a national audience reached through the Conservation Easement Research Portal. Each student will also be involved in the creation, design, and implementation of the portion of the Conservation Easement Research Portal relating to the student’s area of research. Students may choose from a broad array of topics concerning the use of conservation easements and other incentive-based land protection tools, nonprofit conservation organization governance, and related private land conservation issues. Each student will earn 3 credits for a full-year experience (Fall 1 credit; Spring 2 credits). Successful completion of the course will satisfy the seminar requirement.

• 7800 - SEM-Air Pollution

  AIR POLLUTION CONTROL (2) This course examines the regulation and control of sources of air pollution, with particular emphasis on the federal Clean Air Act and its state analogues. The course is designed to develop skills in analyzing both case law and complex statutory and regulatory provisions.

• 7800 - SEM-Supreme Court Practice

  SUPREME COURT PRACTICE (2) This seminar will explore the U.S. Supreme Court practice by following cases on the Court's current calendar. Each week we will read the filing in two or three cases before the Court and will discuss both the procedural aspects of the filings as well as the merits of the cases. We will also listen to oral argument and read opinions in cases that have been decided. In addition to the readings, students will be assigned to a small group that will draft either a petition for certiorari or a brief in opposition to a petition for certiorari that will be due at mid-semester. At the end of the semester, each student will write a paper analyzing the merits of a pending case and indicating how he or she thinks a case will be decided.

• 7800 - SEM-Supreme Court Simulation

  We will use selected cases from the current Term of the Supreme Court to gain experience with appellate advocacy, opinion drafting, and the dynamics of Supreme Court adjudication. Actual briefs from current cases will be distributed. For each case, two students will present oral arguments, and the remainder of the class will deliberate and vote on the case as if they were the Supreme Court, and will prepare majority, dissenting, and concurring opinions. By the end of the semester, each student will be expected to have written at least one majority opinion and two substantial dissents or concurrences.

• 7800 - SEM-Comparative Constitutional Law

  The seminar will examine how different countries confront similar constitutional issues. We will compare the way with which the U.S., Canada, France, Germany, India, and Israel, among others, resolve constitutional questions regarding judicial review, abortion, freedom of speech, or affirmative action. Students will be asked to make presentations on a topic of their choice. Grade will be based on the presentation, and on a final paper.

• 7800 - SEM-Current Issues in Intellectual Property Law

  Concerning intellectual property systems, one author writes, “Creation and discovery are mysterious processes. But whatever else is required, economists are reasonably certain that incentives matter.” Currently, all fields of intellectual property law—copyright, patent, trademark and trade secret—are examining proposals for change. Many are fundamentally based on the view that the present incentive systems fail to strike a proper balance. This course includes a critical examination of a number of these proposals. Students are asked to write a research paper relating to the subject matter of the course.

• 7800 - SEM-Wrongful Convictions

  This seminar will explore the substantive factors that contribute to the conviction of innocent criminal defendants, and analyze the procedures through which post-conviction innocence claims are litigated. Students will study a variety of issues, including erroneous eyewitness identifications, false confessions, ineffective assistance of counsel, policy and prosecutorial misconduct, and racial bias. Emphasis will be placed upon evaluating a number of potential systemic reforms designed to minimize the problem of wrongful convictions. Each student will write a research paper and make an oral presentation about the topic to the class.

• 7800 - SEM-The Judiciary and World Politics

  The conduct of foreign policy is primarily the responsibility of the executive and legislative branches of government. Yet courts frequently confront issues involving world politics. These issues range from legal challenges to the president’s anti-terrorism policies to the domestic status of international law; from alleged human rights violations in foreign countries to decisions about whether a foreign sovereign should be immune from suit in U.S. courts; and from the resolution of disputes arising from transnational economic activity and its negative externalities to decisions about whether the U.S. or a foreign government has the authority to govern that activity. In this seminar, we will explore issues like these and how courts address them. To do so, we will complement legal sources (including relevant aspects of constitutional law, federal statutory law, and case law) with theoretical and empirical materials from the discipline of political science.

• 7800 - SEM-Sexuality, Gender and the Law

  This seminar will explore those points at which human sexuality and the law intersect. We will examine how the law defines, regulates, and at times, confuses sex, sexuality, and gender. Specific topics to be considered include (among others): laws related to sex and gender in the workplace, including the military; laws impacting the lives of gay, lesbian, bisexual and transgendered persons; laws regulating marriage and parenting. These topics will be analyzed in the context of the constitutional rights to privacy, free expression, free association, and equal treatment.

• 7800 - SEM-Climate Change

  This course will require a research paper dealing with climate change. The course will cover global warming and its projected impacts; international control efforts; federal and state program to reduce green house gas emissions; and economic-based controls. It will examine the various ways to control carbon emissions from the electric power industry and from transportation sources, including the use of alternative energy technologies.

• 7800 - SEM-Comparative Environmental Impact Assessment

  This seminar will consider, compare and critique the basic structure and practical effectiveness of environmental impact assessment regimes from selected countries as well as international entities (e.g., UN Environmental Program, World Bank). It will focus on policy foundations, key requirements and their adequacy in addressing the multitude of impacts on human conditions, cultures and natural systems that result from intensifying economic and resource development. Beginning with analyses of the purposes, concepts, requirements and key problems of environmental impact analysis as reflected in U.S. experience under the U.S. National Environmental Policy Act, the seminar will expand those inquiries to international examples that offer a wide range of possibilities for student papers and presentations. Studies of both theoretical or legal frameworks and practical application will be encouraged. Students wishing to couple their seminar credit with additional credit for directed research will be aided in refining a complementary topic.

• 7800 - SEM-Predatory Lending

  This seminar explores the law and policy issues surrounding “predatory” consumer debt. The seminar offers students the opportunity for thoughtful study of federal and state consumer lending regulation. Topics covered will include: an overview of questionable creditor practices both in history and today; attempts to define predatory lending; the role of free markets versus the law in preventing commercial misbehavior; various regulatory strategies vis-à -vis predatory lenders; and the debate over who should bear liability for predatory practices.

• 7800 - SEM-Integrating Competition and Patent Law & Policy

  This seminar will explore the relationship between the competition and patent regimes from the perspectives of law, policy, and administration. As the economy becomes increasingly knowledge-based, it becomes imperative that these two regimes complement one another. The goal of this course is to enable students to analyze the competitive (including antitrust), economic, and policy implications of patents and patent-related activities such as licensing arrangements, patent pools, standard setting, and settlements. The seminar will provide an understanding of the relevant law, a framework for assessing legal developments, and a basis for evaluating several contemporary patent/antitrust reform efforts.

• 7800 - SEM-Imperialism & International Law

  This seminar examines the relationship between imperialism and international law. Throughout the course we will focus on various broad themes. How does a study of the relationship between imperialism and international law illuminate contemporary international relations? How has the non-European world responded to the challenges of colonialism? What are the analytical tools that must be developed for the purposes of understanding the relationship between imperialism and international law? How do issues of race and exploitation shape the character of international law? What does international justice mean, and how can it be achieved? RECOMMENDED: International Law.

• 7800 - SEM-Human Rights & Corporations

  This seminar explores the challenge of regulating the human rights conduct of multinational business in a world of nation states. The seminar will offer students the opportunity to examine the extent to which public international law places obligations on private actors to comply with human rights norms. The seminar focuses on the development of international regulatory systems and voluntary corporate initiatives to address the effects of multinational industry on human rights, the environment, and governance. Class discussions will consider the potential liability of multinational corporations for alleged violations of international human rights law, corporate complicity in alleged abuses through partnerships with repressive governments, the challenges and practical concerns of corporations operating abroad, counseling corporations engaged in social responsibility efforts, the responsibility of parent corporations for human rights violations by their foreign subsidiaries, and recent efforts to use domestic courts to enforce international legal standards on multinational corporations. RECOMMENDED: Business Organizations and International Law or International Human Rights.

• 7800 - SEM-Disasters & the Law

  This seminar will explore the legal response to disasters, natural and man-made, over the last two hundred years. The disasters we will examine extend from the New Madrid earthquake (early nineteenth century) to the San Francisco earthquake (early twentieth century) to Hurricane Katrina (early twenty-first century). We will explore the legal response, including the legal liability, both private and public, for actions both pre- and post-disaster. But we may also explore such things as insurance and tax consequences, and the regulatory response to disaster, including exemptions from local licensing requirements for aid workers. We will also examine the legal structures of aid relief (e.g., FEMA, class actions) and the social choices faced by the government in providing relief. We may also look at international disasters and the unique legal and jurisdictional challenges they present.

• 7800 - SEM-Environmental Policies in Developing Countries

  This seminar will explore the various ways in which increasing pressure for economic development affects important environmental values (as well as local populations) in developing countries and challenge the effectiveness of international, national and local regulatory arrangements established to protect those values. Individual projects may involve research and analysis of a case study (or studies) on the environmental issues raised by specific development projects. Alternatively, projects may involve concentration on a specific international or national regulatory program, analyzing problems in both the design and implementation the program. RECOMMENDED: Envrionmental Law & Policy

• 7800 - SEM-Takings

  The takings problem is about determining when governmental action has affected private property in such a way or to such a degree that the governmental action should be a invalidated and/or the property owner should be paid money. The varied settings of the takings problem include: restrictive zoning, endangered species legislation, rate-setting in regulated industries, rent control, and many other situations in which governmental action has had an effect on property expectations.

• 7800 - SEM-Behavioral Law & Economics

  The purpose of this seminar is to study selected issues in behavioral law & economics--i.e., the intersection of law, economics, and cognitive psychology. A principal goal of the course will be to craft a practical "theory toolbox", a set of theoretical constructs that can be useful to transactional lawyers and litigators.

• 7800 - SEM-Legal Capacity and Decision Making

  This seminar will examine what constitutes sufficient legal capacity for a broad range of decisions and actions with legal significance in both a civil and criminal law context, by children and adults. In the process, students will explore if and to what extent the standards reflect current scientific and other knowledge about decision making ability, how well or poorly the existing standards have worked in actual practice, and possible modifications. The subject of surrogate decision making will also be covered, including what subjects are appropriate for substitute decision making, the legal tools used, and the standards for decision making used by surrogate decision makers.

• 7800 - SEM-Japan Law & Legal Inst

  The rise and fall of Japan as “Number One” during the 1980s and 1990s increased the interest in studying Japanese law in American law schools across the country. As Japan continues to play a major role in foreign direct investment, humanitarian efforts, and the global economy, understanding Japan’s legal system and the actors in that system is vitally important to becoming a globally thinking attorney. Topics covered will include the historical context and civil law tradition (including the roles of Chinese, German and American law in the development of modern Japanese law), the legal services industry, the formal structure of the legal system (including the roles of the judiciary and bureaucracy), formal and informal dispute resolution mechanisms, and attitudes toward law in Japan. Areas of substantive law examined will include constitutional law, contracts, torts, criminal law, employment law and corporations in Japan. The seminar will also discuss economic regulatory efforts, administrative guidance, and corporate governance in Japan. Major theoretical debates about the role of law in Japan will be examined with each substantive topic. Throughout the semester, visiting lecturers will also discuss certain aspects of each of these topics through their own experiences practicing law in Japan. All seminar materials and instruction will be in English. Japanese language ability or prior knowledge of Japan will not be necessary. Performance for the seminar will be evaluated based on class participation, an in-class presentation, and an edited academic paper. The instructor will discuss the academic paper topics with the students at the beginning of the seminar.

• 7800 - SEM-Corporate & Contract Law Theory

  The purpose of this course is to study selected corporate law and contract issues through a variety of theoretical lenses. A principal goal of the course will be to craft a practical "theory toolbox"- a set of theoretical constructs that can be useful to lawyers involved in real-world corporate and commercial law transactions. We will study various strands of the received corporate and contract law literature. PREREQUISITE: Business Organizations

• 7800 - SEM-Colorado River

  This seminar will explore the many related legal, scientific, and policy disputes surrounding use management, and protection of the Colorado River. Topics will include interstate disputes under the Colorado River Compact and other aspects of the "Law of the River," international treaties with Mexico, efforts to restore the Colorado River ecosystem under the Endangered Species Act and other laws, and the proposal to drain Lake Powell as part of those efforts. RECOMMENDED: Water Law, Natural Resources.

• 7800 - SEM-Feminist Legal Theory

  This seminar explores a type of legal scholarship known as "feminist legal theory" or "feminist jurisprudence," one of the most important movements in legal scholarship today. Feminist legal theory draws from the experiences of women and men and from critical perspectives within other disciplines such as sociology, psychology, philosophy, and literary criticism to analyze the relationship between law and gender and understand the limits of, and opportunities for, legal reform. During the semester, we will explore the many strands of feminist legal theory, as well as apply feminist analysis to concrete areas of law such a family, employment, violence against women, the legal profession, pornography and reproductive freedom.

• 7800 - SEM-Current Issues in Federal Indian Law

  This seminar will focus on recent cases decided by the U.S. Supreme Court in the field of federal Indian law as well as important legal issues left unresolved by such court decisions. Such issues usually involve the legal relationship between the tribes, the federal, and state governments. Issues examined include the extent of tribal jurisdiction over non tribal members, the extent of state jurisdiction on Indian reservations, and the extent of federal power to preempt state and tribal power inside Indian Country.

• 7800 - SEM-National Service Academy

  Students in the National Service Academy Pilot Project (NSA PP) seminar will research and design the University of Utah’s proposed NSA PP that will recruit military veterans and others as graduate and undergraduate students into the University’s colleges and departments. NSA PP students will take a series of core courses together and graduate with NSA PP certificates when they complete degrees in their respective individual majors. Seminar students will write a definitive book about preparing NSA PP graduates for a continuum of national service utilizing veterans’ unique experiences, knowledge and skills for complex operations and leadership. Seminar students will thereby create a published template for similar national service academies at other colleges and universities to meet the pressing needs of veterans for higher education and meaningful employment. The seminar is recommended for the law’s school’s veterans, Global Justice Think Tank students, and other students who care about the educational and employment needs of our nation’s veterans.

• 7800 - SEM-Advanced Issues in Administrative Law

  Students in this course will be invited to choose their own seminar paper topic within the general area of administrative and regulatory law. A topic may involve any unresolved set of issues of administrative procedure and/or judicial review of agency action, as well as related concerns about substantive outcomes. Possible approaches to designing a project will be suggested through class exploration of a few specific and unresolved problems in the field. After initial dissection of a problem topic, the class will consider whether there is need for reform or change in the direction of the law, including tentative ideas for appropriate change and for constructing the legal basis for change. This general approach may be appropriate for many student papers; but the design of particular papers will depend on the topic and the students’ goals, subject to the basic College of Law requirements for a seminar paper.

• 7800 - SEM-Advanced Topics in Natural Resources Law

  This seminar will explore current natural resource issues from a legal and policy perspective. Potential topics include the continuing vitality of the multiple-use principle (including national forest planning rules), the growing importance of recreation on the public lands, wilderness designation and management policy, endangered species issues (including reintroduction and delisting), wildfire law and policy, the impact of climate change on natural resource policy, ecosystem management principles, and local consensus-based management processes. Reading materials will be prepared by the instructor, some of which will be drawn from the Coggins, et al. casebook, Federal Public Land and Resources Law (6th ed.). A paper and class presentations are required.

• 7800 - SEM-Comparative Family Law

  This seminar will examine various family law topics from a comparative perspective. We will compare various countries’ and cultures’ approaches to topics such as the regulation of marriage, divorce, alternative families, gender equality in the family, child custody, child support, and adoption. Students will be required to write a major research paper and may also be asked to comment on others’ papers. RECOMMENDED: Family Law

• 7800 - SEM-Current Issues in Environmental Law

  This seminar will focus on environmental issues that are of importance in 2011. The number of issues will equal the number of students. The instructor will select issues, but students, with permission, can develop their own topics. Students will be expected to submit work biweekly and discuss their work. The aim is to produce a paper similar to a law review note by the end of the semester.

• 7800 - SEM-Current Issues in Law and Biosciences

  This seminar will examine how developments in the life sciences have influenced, or are influenced by, the law. Will a better understanding of genetics, stem cells and neuroscience radically overhaul the criminal law, making us see murderers as broken machines rather than moral monsters? Perhaps not, but we will discuss how sentencing and parole decisions may be affected by advances in behavioral biology. Possible other topics include the admissibility of brain-based lie detection, the politics and potential of stem cell research, the use of neuroscience in tort law cases to show injury and pain, genetic testing for immigration purposes, off-label use of cognitive enhancing drugs such as Ritalin or Adderall, the selective transfer of embryos with particular genetic traits, brain death, and how cognitive neuroscience may inform the crafting of legal rules. Student input and interest will help structure the course. No scientific background is required or expected.

• 7800 - SEM-Equality, Liberty, & Civil Rghts

  This seminar explores the role of courts in defining and protecting civil rights, focusing on the constitutional principles of equal protection and substantive due process. By examining civil rights claims advanced by people of color, women, lesbians and gay men, and people with disabilities, we will seek to answer the following questions: Under what circumstances should courts afford heightened protection to particular groups? Should civil rights claims be framed as equality or liberty claims? Finally, what roles should courts and legislatures play in the recognition of civil rights? Prior completion of Constitutional Law II is strongly recommended.

• 7800 - SEM-International Law Foreign Investment

  The field of foreign investment law is now emerging as one of the most significant areas of international economic law. This seminar studies the basic principles of foreign investment law. It will examine the law in relation to larger themes of globalization and development. It will also explore the history and development of foreign investment law; how this law addresses the different interests of foreign investors and host governments; and current debates regarding its character and evolution.

• 7800 - SEM-Corporate Citizenship

  This seminar will examine the history and theory of the modern corporate form and explore contemporary questions concerning the role and responsibility of corporations in society. Through selected case studies the seminar will consider the following core topics: the Constitutional rights of corporations and contests over corporate personhood; corporate governance and the contribution of various stakeholders in shaping corporate conduct; the role that regulation, social reporting, and voluntary codes of conduct can play in balancing public interest priorities and profit motives; the emergence and efficacy of corporate social responsibility codes and increasing consumer and stakeholder interest in corporate accountability and ethics.

• 7800 - SEM-Current Issues in Family Law

  This research seminar is for students interested in family law. Broadly conceived, "family law" includes the law of marriage, divorce, child custody, child support, cohabitation, adoption, alternative reproduction, guardianship, paternity, child welfare, domestic violence, reproductive rights, social welfare, juvenile justice, international and comparative family law, family negotiation and mediation, and criminal law as it relates to the family, among other topics. The goal of this seminar is to introduce you to some of the general themes and debates that have emerged in the field. We will examine family law through the lens of various theoretical perspectives, for example, "feminism and the family," "economics and the family," and "federalism and the family." Course materials will consist primarily of law review articles. The final product of the seminar will be a substantial research paper. Previous or concurrent coursework in family law is recommended for this seminar.

• 7800 - Law & Literature

  There are two branches in the study of law and literature: law in literature and law as literature. The first branch looks at how law appears in literature in order to understand how law relates to the larger society. This approach also suggests that the study of literature, by developing empathic responses to the lives of others, can help lawyers and judges be better jurists. The second branch posits that the study of literary forms may aid the lawyer in the interpretation of legal texts, such as judicial opinions. This seminar will touch on both branches, although the focus will be on the first: law and lawyers as they appear in literature, and the ways that literature can enrich our understanding of what law and lawyering can mean.

• 7800 - SEM-Advanced Criminal Law

  Advanced Criminal Procedure is a course exploring the meaning of the Fifth Amendment, Sixth Amendment, Eight Amendment and Equal Protection Clause of the U.S. constitution as they apply to the rights of criminal defendants when charged with a crime, released on bail, brought before a grand jury or during sentencing, plea bargaining and a jury trial. This course builds on the knowledge and skills learned in Criminal Procedure, though Criminal Procedure is not a prerequisite to this class. Advanced Criminal Procedure reviews the criminal process from "bail to jail" and the rights and procedures involved. The course looks that the criminal justice system participants and their respective responsibilities. These participants include defendants, defense counsel, prosecuting attorneys, judges and jurors. Advance Criminal Procedure will examine both the constitutional provisions impacting a defendant's rights from the time they are charged until trial as well as the history, policy issues, and trends of the law that affect the rights of defendants in their interaction with the justice system.

• 7800 - SEM-Current Issues Securities Law

  This seminar will examine the contemporary theoretical and policy debates about the proper nature and scope of securities law. Among other things, the course will focus on the extent to which securities-fraud liability deters misconduct; the role and appropriate oversight of hedge funds, mutual funds and similar financial institutions; the contribution of sophisticated financial products and financial innovation to economic prosperity and crises; and the benefits and drawbacks of the growth of private equity markets.

• 7800 - SEM

• 7821 - Iraq- The Conflict in Legal, Historical and Political Perspective

  The course is offered to law students and graduate students. Its approach is multi-disciplinary, but there will be a strong focus on legal aspects pertaining to Iraq at present, more specifically: constitutional issues, the war crime tribunal, and the international law dimension including US policy. No prerequisite is needed, but those who take the class are expected to face a steep learning curve involving intensive and quick reading of political science and history texts to familiarize themselves with modern Iraq. A research paper will be expected (80 percent of grade), as well as strong participation in class (20 percent). The class will be limited to 15 students.

• 7824 - Decision Making for Deals and Disputes

  Decision Making for Deals and Disputes introduces students (including practicing professionals) to economic, psychological, communication, and ethics perspectives on decision making in professional, legal contexts. Students learn about best practices for identifying and achieving individual, joint, and collective goals, and for overcoming the cognitive, affective, and social obstacles to achieving those goals. Students develop a set of skills that can be applied to a wide variety of professional situations including recognizing and questioning assumptions that undermine effective decision making, mindfulness about one’s own and others’ interests and behaviors, strategies for collaboration and competition, building trust, and ensuring ethical and professional conduct. Students engage in numerous experiential exercises to learn and practice effective but sometimes counter-intuitive approaches to deal making and dispute resolution. The course meets in an intensive, one-week format and is offered for both academic and professional CLE credit. This 2-credit course is graded.

• 7825 - Accounting for Lawyers

  Accounting for Lawyers. This course is intended to provide an understanding of accounting principles and how this understanding is important for lawyers involved in transactional practices and commercial litigation. There are no prerequisites and no requirement of a business background. Topics covered include fundamental principles of accounting for business enterprises; how to analyze and understand an income statement, balance sheet, and statement of cash flow; basic concepts of revenue recognition; conventions for capitalization versus expenses; and how to recognize possible manipulation of financial and accounting statements. This class is not intended for students who have previously taken accounting courses.

• 7827 - Foreign Relations Law

  This course examines the constitutional, statutory, and common law doctrines regulating the conduct of U.S. foreign relations. The course emphasizes the constitutional allocation of foreign policy authority among the executive, legislative, and judicial branches and between the states and the federal government. Topics include the scope of the treaty power, the validity of executive agreements, preemption of state foreign relations activities, the power to declare and conduct war, the status of international law within the U.S. legal system, and foreign affairs litigation in U.S. courts. The course will make connections to current issues, including U.S. anti-terrorism policy, U.S. military intervention abroad, U.S. treatment of the decisions of international courts, and human rights lawsuits in U.S. courts under the Alien Tort Statute.

• 7828 - Sexuality, Gender, and Law

  This course will examine how the law attempts to regulate sexual orientation and gender identity. We will explore how criminal law, family law, constitutional law, and anti-discrimination law each impact the lives of gay, lesbian, bisexual and transgendered persons. The course will begin with an interdisciplinary examination of sexuality from religious, psychological, sociological, and philosophical perspectives. Thereafter, video clips, religious and activist literature, fictional and non-fictional narratives, newspaper and magazine articles, and social scientific studies will add alternative perspectives to the cases we read. Legal topics will include the decriminalization of sodomy, the regulation of pro-gay and anti-gay speech, protections against discrimination in employment, rules governing the documentation of gender identity changes, prohibitions against same-sex marriage, and restrictions on gay and lesbian parenthood. Special attention will be devoted to Equality Utah’s Common Ground Initiative and the LDS Church’s role in the debate about Proposition 8 in California. All views are welcome.

• 7829 - Innocence Investigation and Post-Conviction Process

  This course will cover post-conviction remedies, state and federal, including post-conviction motions and habeas corpus as well as judicial proceedings to prove actual innocence. Students will learn how to investigate cases of actual innocence using both forensic scientific evidence and other compelling evidence of innocence. The course will also provide students with a review of the criminal justice system from the innocence prospective.

• 7830 - International Environmental Practicum

  This course will involve law students in working with interested faculty in providing assistance to counsel in other countries on specific issues arising in environmental litigation and advocacy, administrative proceedings, or policy formation, possibly including environmentally-related human rights issues. The subject matter will include issues framed by both domestic Indian law and related international legal and regulatory requirements. Working with these issues will require background study of key legal sources necessary to understand issues and render competent, meaningful assistance.

• 7831 - Climate Change Think Tank

  This year-long course will address global warming and its projected impacts; international control efforts; federal and state program to reduce green house gas emissions; and economic-based controls. It will examine the various ways to control carbon emissions from the electric power industry and from transportation sources,including the use of alternative energy technologies. Each student will choose a major project designed to develop creative solutions to some aspect of the climate change problem.

• 7832 - Small Business Practice

  This course will introduce students to a range of skills and legal expertise useful in representing small business. Students will participate in classroom workshops to hone their skills in client interviews and written client communications, as well as class sessions devoted to relevant areas of substantive law. As a part of classroom component of the clinic, students will be afforded an opportunity to conduct `mock interviews with small business and non-profit executives in the classroom, with feedback from interviewees and instructors. Each student will be introduced to a small business for whom the student will conduct a legal audit, prepare and present oral and written reports of their findings, and, in some cases, prepare documents or instruments in connection with those findings, all under the general supervision of instructors and a pro bono consulting lawyer. Students will consult with client organizations to define the nature of the clients business, the clients concerns and goals, and areas of legal concern. The legal audits will generally focus on form of organization, compliance with formal legal requirements, including issues relating to capacity and authority, regulatory compliance, employment law issues and special matters arising out of the specific industry or area of activity of the client.

• 7833 - Small Business Clinic

  The Small Business Law Clinic introduces students to the range of skills and legal expertise required to represent a small business. Students will consult with their client organizations to define the clients concerns and goals, formulate plans to address them, and provide legal advice and related services under the supervision of a pro bono consulting lawyer.

• 7834 - Non-Profit Practice

  This course will introduce students to a range of skills and legal expertise useful in representing non-profit organizations. Students will participate in classroom workshops to hone their skills in client interviews and written client communications, as well as class sessions devoted to relevant areas of substantive law. As a part of classroom component of the clinic, students will be afforded an opportunity to conduct “mock interviews” with small non-profit executives in the classroom, with feedback from interviewees and instructors. Each student will be introduced to a non-profit organization for whom the student will conduct a legal audit, prepare and present oral and written reports of their findings, and, in some cases, prepare documents or instruments in connection with those findings, all under the general supervision of instructors and a pro bono consulting lawyer. Students will consult with client organizations to define the nature of the clients non-profit organization, the clients concerns and goals, and areas of legal concern. The legal audits will generally focus on form of organization, compliance with formal legal requirements, including issues relating to capacity and authority, regulatory compliance, employment law issues and special matters arising out of the specific industry or area of activity of the client.

• 7835 - Non-Profit Law Clinic

  Course Description: The Non-Profit Law Clinic introduces students to the range of skills and legal expertise required to represent non-profit organizations. Students will consult with their client organizations to define the clients concerns and goals, formulate plans to address them, and provide legal advice and related services under the supervision of a pro bono consulting lawyer.

• 7836 - Legal Issues in Archaeology

  Legal Issues in Archaeology: This class is offered jointly to both law students and anthropology graduate students and is co-taught with a member of the Anthropology Department. Substantively, it will cover the laws governing the protection and ownership of archaeological artifacts and human remains, environmental and other regulations governing excavations, the investigation and prosecution of archaeological crimes, and an introduction to international archaeological issues. The class will also include a skills component, with simulations involving the law and anthropology graduate students in situations that are likely to arise in practice.

• 7837 - Corporate Governance

  In the span of just several years, following the spectacular collapses due to fraud and other misconduct of Enron, WorldCom, Adelphia, Global Crossing, and HealthSouth, our traditional notions of appropriate corporate governance mechanisms have changed significantly. In response, Congress and regulators adopted a sweeping overhaul of our corporate governance system, including the landmark Sarbanes Oxley Act. Has the new legal/regulatory regime in fact created new problems that make corporate governance even more problematic today? This course will provide a broad understanding of how and why the system came to be what it is today. We will examine all key mechanisms of corporate governance, especially “new ones” such as the expanded use of internal corporate investigations, the new burdens/roles of General Counsel and outside corporate counsel, attacks on the attorney-client privilege, the additional burdens on directors and independent auditors, the problems that have arisen under Sarbanes Oxley, the criminalization of corporate misconduct by zealous prosecutors as a means of “governance,” and the role of the SEC. We’ll delve into these questions through a provocative discussion of recent and historical events, ranging from the “Perfect Storm” of the Enron years to the landmark cases and statutes that govern corporate behavior. Topics will include: the role and limits of corporate law in the functioning of the modern corporation and financial markets; fiduciary duties of corporate officers and directors; the role of general counsel and outside counsel in corporate governance; the role of the board of directors and its committees; shareholder rights (including majority and minority shareholders, shareholder derivative suits, class actions and the proxy system); executive compensation and incentive alignment; the role of the SEC, the Justice Department, and our unique self-regulatory system (including the stock exchanges); internal corporate investigations; and the appropriate response of corporate officers and directors to uncovering of misdeeds.

• 7838 - Conflict Management

  This course will survey approaches to handling conflict – from the dispute resolution processes used most frequently in the American judicial system (negotiation, mediation, arbitration and litigation) to a variety of conflict prevention and management strategies used in both civil and criminal contexts (e.g., collaborative problem-solving, collaborative law, preventive law, legal conflict audits, community-based decision-making, and restorative justice). Students will study the wide array of conflict management approaches available to practicing attorneys. Through readings, exercises and a final paper (an actual conflict audit), students will develop the ability to analyze conflict situations in light of preferred decision-making authority and endpoints, and will be able to identify and evaluate the success of possible dispute management strategies.

• 7839 - The Nineteenth Century American Law of Disadvantaged Groups

  The course examines the white man’s rationale and method for the domination of African-Americans, Indians, women, and children. The inquiry into slave law focuses upon such practical questions as the impact of criminal law upon masters and slaves, and restrictions upon emancipation. The Indian law section addresses the integrity of judicial policy in the application of fundamental theory created to govern a unique group. Nineteenth century family law provides further insight into the hierarchical morality of the period. While the context of the cases has some inherent interest, the actual goal of the class is to provide practice in careful analysis of judicial reasoning. Set to the daunting task of justifying the unjustifiable, nineteenth century opinions often display subtle and sophisticated reasoning. Class Socratic dialogue will be designed to improve student ability to analyze any difficult legal problem.

• 7839 - 19th Cent Disadv Groups

  The course examines the white man’s rationale and method for the domination of African-Americans, Indians, women, and children. The inquiry into slave law focuses upon such practical questions as the impact of criminal law upon masters and slaves, and restrictions upon emancipation. The Indian law section addresses the integrity of judicial policy in the application of fundamental theory created to govern a unique group. Nineteenth century family law provides further insight into the hierarchical morality of the period. While the context of the cases has some inherent interest, the actual goal of the class is to provide practice in careful analysis of judicial reasoning. Set to the daunting task of justifying the unjustifiable, nineteenth century opinions often display subtle and sophisticated reasoning.

• 7841 - Preparing, Examining and Cross-Examining Witnesses

  Opening statements and closing arguments are seen as the trial lawyer’s stock in trade, but trials are won and lost on the witness stand. This course will focus on the preparation, handling and presentation of the witness at trial. The class will emphasize the importance of pre-trial preparation before both direct and cross-examination, and the execution of those skills. We will also deal with witnesses who need specific preparation, handling, and presentation, such as experts, child victims of violent or sex-related crimes, witnesses who are mentally or emotionally disabled, and witnesses who must testify through the use of an interpreter. The format of the class will be a lecture on the use and presentation of a particular classification of witness, a demonstration of a direct and/or cross-examination of that class of witness, and hands-on participation in the examinations of the witness by students. This 2-credit course is graded.

• 7841 - Preparing, Examining and Cross-Examining Witnesses

  Opening statements and closing arguments are seen as the trial lawyer’s stock in trade, but trials are won and lost on the witness stand. This course will focus on the preparation, handling and presentation of the witness at trial. The class will emphasize the importance of pre-trial preparation before both direct and cross-examination, and the execution of those skills. We will also deal with witnesses who need specific preparation, handling, and presentation, such as experts, child victims of violent or sex-related crimes, witnesses who are mentally or emotionally disabled, and witnesses who must testify through the use of an interpreter. The format of the class will be a lecture on the use and presentation of a particular classification of witness, a demonstration of a direct and/or cross-examination of that class of witness, and hands-on participation in the examinations of the witness by students. This 2-credit course is graded.

• 7842 - Taking and Defending Depositions

  With only a small percentage of cases actually going to trial, the real battleground for most litigation is the deposition. Depositions can make or break a client’s case and knowing how to effectively take and defend depositions is key to a successful litigation strategy. Deposition testimony often plays a pivotal role in determining motions for summary judgment and in settlement. This is a practical skills course and students will learn the basics of taking and defending the depositions of lay witnesses, Rule 30(b)(6) corporate representatives and expert witnesses. Through lecture, classroom demonstrations and mock deposition exercises, students will learn the procedural rules governing depositions, various examination techniques, how to handle documents, how to assert and respond to objections, how to prepare a deponent and the ethical issues surrounding depositions. The mock deposition exercise will be conducted by experienced lawyers. This 2-credit course is graded.

• 7842 - Taking and Defending Depositions

  With only a small percentage of cases actually going to trial, the real battleground for most litigation is the deposition. Depositions can make or break a client?s case and knowing how to effectively take and defend depositions is key to a successful litigation strategy. Deposition testimony often plays a pivotal role in determining motions for summary judgment and in settlement. This is a practical skills course and students will learn the basics of taking and defending the depositions of lay witnesses, Rule 30(b)(6) corporate representatives and expert witnesses. Through lecture, classroom demonstrations and mock deposition exercises, students will learn the procedural rules governing depositions, various examination techniques, how to handle documents, how to assert and respond to objections, how to prepare a deponent and the ethical issues surrounding depositions. The mock deposition exercise will be conducted by experienced lawyers.

• 7843 - Conservation Easements: Theory, Practice, and Drafting

  This course will cover many of the important issues associated with the use of conservation easements as a land protection tool. It will begin with a discussion of the history of the use of conservation easements in the United States and end with an exploration of emerging issues in the field. All aspects of the law will be covered, including federal tax law, state property law, and state law governing the operation of charities and their use and disposition of charitable assets. The course will provide an in-depth knowledge of the relevant laws and policy undergirding the use of conservation easements in the U.S. that will be useful to (i) students interested in private land conservation issues, whether from a personal or professional perspective; (ii) practicing lawyers engaged in transactions involving conservation easements, whether representing a landowner or a government entity or nonprofit acquiring or enforcing an easement; (iii) government and nonprofit personnel involved in the acquisition and enforcement of conservation easements; (iv) academics teaching, researching, and writing in areas that address the use of conservation easements; and (v) policymakers involved in decision making relevant to the acquisition, use, and enforcement of conservation easements. This interactive course will be graded based on a combination of class participation and writing assignments. This 2-credit course is graded.

• 7844 - Civil Rights Practicum

  The classroom component of the practicum will focus on the application of theory to practice. Students will engage with the substantive law of the rights violations being investigated, discuss the strategies available to advocates seeking change, confront legal and ethical issues as they arise in their work, receive training on practical legal skills as needed, and reflect upon their experiences. Students will be graded on a combination of participation and the completion of assignments for the clinical component. There will be no final exam. Note: This course may be repeated for credit.

• 7844 - Public Policy Practicum

  The classroom component of the clinic will focus on the application of theory to practice. Students will engage with the relevant substantive law, discuss the strategies available to advocates seeking change, confront legal and ethical issues as they arise in their work, receive training on practical legal skills as needed, and reflect upon their experiences. Students will be graded on a combination of participation and the completion of assignments for the clinical component. There will be no final exam. The course may be repeated for credit.

• 7846 - U. S. Tax Policy

  The Obama budget and Congressional proposals project a flat revenue stream plus a few targeted tax increases over the next decade further complicating the tax code. At the same time, expenditures are expected to explode, mainly due to continuing defense expenditures and commitments to Medicare and Social Security plus new health care proposals. This course will examine the United States federal tax system, and consider the most relevant reform proposals from a legal, historical, political, sociological, and economic perspective. It will include an introduction to the basic concepts underlying federal tax policy, including principles of fairness, efficiency and simplicity, progressivity, various tax systems, the tax legislative process, the use of tax structure and incentives to implement social and economic objectives, and similar subjects. The objectives of this course are: (1) to understand how the tax system got the way it is today; (2) to understand the major tax policy issues that drive the current political debate; and, (3) to understand the implications of alternative tax policy choices for the future.

• 7847 - Bioethics & the Law

  The rapid pace of advancement in medical science and biotechnology continues to create significant legal and ethical challenges. This course will focus on a wide range of issues at the intersection of law, biotechnology, medicine, and ethics. The course will first trace the development of the fundamental principles of medical ethics. Next, the course will examine how these principles affect a variety of legal and regulatory arenas such as clinical research, privacy over our health information, end of life decision-making, the role of religion in health care delivery, notions of reproductive liberty, financial conflicts of interest, elective cosmetic surgery, the ownership of our tissue and DNA, and distributive justice concerns concerning access to health care.

• 7848 - Economic Justice

  This course pits the Law and Economics approach to fundamental social issues against competing approaches offered by other theories of Justice. The course begins by presenting an overview of Law and Economics through exploring foundational texts of Coase, Calabresi, and Posner. We will then apply this approach to a range of issues in tort and property law. The course then turns to issues of social justice. Using the recently published New York Times best seller by Harvard Professor Michael J. Sandel, Justice – What’s the Right Thing to Do?, as a lens, we will first ask what theory of justice underlies the Law and Economics approach. We will then explore alternative theories of justice, including theories of John Rawls and Michael Sandel. We will then contrast the approaches taken by Law and Economics and by alternative theories of justice to fundamental social questions: baby selling; markets in human body organs; affirmative action; prostitution; volunteer army vs. universal conscription, among others.

• 7849 - Federal Indian Law

  Analyzes the development of the legal and political relationship between the tribes and the United States as viewed through court decisions and Acts of Congress. Emphasis will be placed on current legal problems and issues facing Indian tribes and the relationship with the United States and the states.

• 7850 - Entertainment Law

  This course provides a careful examination of entertainment law with a particular focus on the law that regulates the music industry, the motion picture industry and the television industry. Specific emphasis within each industry will include topics in connection with the law of copyright, contracts, trademark, business organization and agent representation.

• 7851 - Real Estate Transactions and Finance

  Standard residential and commercial real estate transactions, including consideration of brokerage arrangements, contracts of sale, methods of financing, methods of title protection and assurance, mortgage markets, construction loans, permanent financing, and mortgages and other devices for creating and enforcing security interests with respect to land.

• 7852 - Utah Administrative Law: Its Recent Origins, Evolution, Case Law and Federal Templates

  This new course will provide a basic background for addressing issues of administrative practice before Utah administrative agencies. It will focus on the scope and application of the Utah Administrative Procedures Act (UAPA), the Utah Administrative Rulemaking Act, pertinent rules of appellate procedure, and other related supplemental or substantive legislation as well as lawmaking by the Utah appellate courts. A major part of the course will involve developing a background understanding of Utah’s basic statutory framework and its initial case law definition or evolution. Concurrently where pertinent to that evolution, and thereafter as feasible, the course will focus on Utah’s judicial and/or statutory disposition of an array of issues common to both federal and state administrative practice, drawing as much as possible on recently litigated or pending Utah cases and their federal analogues.

• 7853 - Business Planning for Law Firms: A Think Tank on the Law for America Program

  FOR SUMMER 2010 ONLY: Students will study and engage in business planning for law firms. While most law school classes focus on studying legal doctrine, this course will focus on applying sound business planning to facilitate profitable and sustainable law practices. As a collective course project, students will learn through developing a business plan, policies and procedures manual, liability insurance, and practice materials needed to help the S.J. Quinney College of Law establish a new clinical learning opportunity for future students. The hope and expectation of the course is to use student efforts to create (subject to faculty and administrative approval) a permanent “low bono” clinical presence affiliated with the College. This “teaching law firm” will allow students and recent graduates to provide low cost legal services to individuals, families, and small businesses. (P/F)

• 7853 - Business Planning for Law Firms: A Think Tank on the Law for America Program

  Students will study and engage in business planning for law firms. While most law school classes focus on studying legal doctrine, this course will focus on applying sound business planning to facilitate profitable and sustainable law practices. As a collective course project, students will learn through developing a business plan, policies and procedures manual, liability insurance, and practice materials needed to help the S.J. Quinney College of Law establish a new clinical learning opportunity for future students. The hope and expectation of the course is to use student efforts to create (subject to faculty and administrative approval) a permanent “low bono” clinical presence affiliated with the College. This “teaching law firm” will allow students and recent graduates to provide low cost legal services to individuals, families, and small businesses.

• 7854 - Legal Writing for Judicial Clerks and Interns

  This course provides students with significant experience researching, writing, and editing judicial opinions. It is designed for students who are interested in becoming judicial law clerks or judicial externs. It may also be of interest to students who plan an active trial or appellate practice.Topics may include: the trial and appellate process, the role of judicial clerks in the courtroom and chambers, ethical considerations for judges and their clerks, the process of writing bench memos and opinions, judicial selection and clerk selection, the development and role of a record, judicial decision making, and the role of the judge at each stage of a case.

• 7854 - Legal Writing for Judicial Clerks and Interns

  This course provides students with significant experience researching, writing, and editing judicial opinions. It is designed for students who are interested in becoming judicial law clerks or judicial externs. It may also be of interest to students who plan an active trial or appellate practice. Topics may include: the trial and appellate process, the role of judicial clerks in the courtroom and chambers, ethical considerations for judges and their clerks, the process of writing bench memos and opinions, judicial selection and clerk selection, the development and role of a record, judicial decision making, and the role of the judge at each stage of a case.

• 7856 - Biolaw Project Think Tank

  The Biolaw Project Think Tank is committed to improving the law as it relates to the rapidly evolving areas of health policy, the life sciences, biotechnology, bioethics, and the medical and technological arts. To this end, this think tank will engage students in research on pressing, current legal problems raised by emerging medical technologies. Examples include patient confidentiality and interoperable electronic medical records, informed consent and biobanking, and surveillance and infectious disease. Students will meet and work together on legal issues raised by these and other developments in the biosciences. This 2-credit course will meet once a week. The student time commitment is approximately 100 hours overall. Students will be expected to submit a research report; depending on student interests, this may represent either individual or cooperative work. This class is ungraded (P/F). This course is not open to summer visitors.

• 7857 - Advanced Negotiation

  Negotiation is a pervasive and crucial element of the practice of law. Apart from their role as agents, effective lawyers will also make opportunities to negotiate on their own behalf – including salary negotiations, advancement and role decisions, benefits, assignments, and interpersonal relationships. This course combines theory and practice to enhance your skills as a negotiator in all contexts, enhancing your ability to communicate, to empathize, to advocate, and to resolve conflict. The course purpose is to enhance awareness of negotiation strengths and challenges, develop familiarity with key frameworks, build skills, and develop capacity for continuing negotiation improvement. The Negotiation Workshop is an intensive, skills-based class that emphasizes the ability to think and act analytically. Because of the highly interactive nature of the course, attendance at all course meetings is mandatory. Students are graded on attendance, participation in negotiation simulations, writing of reflective journals, and completion of a course paper.

• 7859 - Corporate Financial Transactions

  Corporate Financial Transactions will provide an analysis of the legal, business and credit issued involved in entering into and documenting loans, letters of credit, and repos. Students will study and review the legal structures, provisions and documentation for these types of transactions. In addition, supporting documentation such as corporate authority documents, guaranties and legal opinions will also be studied. Finally, other issues such as bankruptcy, taxation and capital requirements affecting those transactions will also be considered. The course will provide students with the basic foundational understanding and background for working with legal documentation in a transactional legal practice.

• 7860 - Complex Civil Litigatn

  This advanced civil procedure course focuses on the problems of large multi-party and multi-forum civil cases. Coverage typically includes joinder, class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, discovery problems in large cases; ad hoc federal-state litigation coordination; judicial case management techniques and issues.

• 7863 - Legislation

  The growing influence of statutory law requires lawyers to understand legislation and to be well versed in statutory interpretation. Focusing on the federal level, the course will examine the legislative process, including congressional institutional structures and norms; the role of interest groups; and how the three branches of government interact with one another. In addition, the course strives to introduce the practical skills and basic theory necessary for working with statutes, with an emphasis on interpretative and drafting techniques.

• 7867 - Corporate Tax

  This course addresses income tax topics relating to corporations and their investors. Topics typically covered include the income tax consequences of transfers of property and services to a corporation, distributions to investors, and corporate liquidations and mergers. PREREQUISITES: Business Organizations and Federal Income Tax.

• 7869 - Adoption Law

  This course focuses on laws pertaining to the adoption of children and the current practice of adoption law. Topics typically covered include the history and evolution of legal adoption in the United States; constitutional jurisprudence surrounding the termination and relinquishment of parental rights; the evolution of "best interests of the child" standard in adoptive placement; the confidentiality of adoption records and the rise of "open adoption;" international adoption issues; and the intersection of adoption law and discrimination against prospective parents. This 2-credit course is graded.

• 7870 - Law Practice Management

  This course focuses on the management of solo or small-firm legal practices. Topics typically covered include law firm business structure, office systems, marketing, staffing, liability insurance, time management, technology, billing and collections. This 2-credit course is graded.

• 7871 - Clin-Hinckley-Wash.D.C.

  The Hinckley Washington D.C. Clinic places students in fulltime internships in a variety of government institutions in the legislative, judicial, and executive branches of government. Co-requisite: POLS 6911 Internship: Graduate National.

• 7873 - International Practice Clinic

  The International Clinic focuses on lawyering in the international arena. There are several tracks within the clinic. Current tracks include the International Humanitarian Law track, the International Environmental Law track, and the Rule of Law track. The pre-requisites, clinical placement experience and content of the required International Practice course vary depending upon the track the student selects.

• 7874 - Ocean and Coastal Law

  This course explores laws and policies that affect decisions on United States ocean and coastal resources. We examine statutes, regulations, attitudes, and cases that shape how the use, manage, and protect the coasts and oceans. Class discussion typically covers the interrelationship of habitat, wildlife, and land use, as well as issues concerning jurisdictional conflicts.

• 7875 - Partnership Tax

  This course addresses taxation of partnerships and tax consequences of partnership. Topics typically covered include the tax consequences of partnership formation, partnership termination, distributions of money or property to partners, and consequences of sale or exchange of a partnership interest or of the death of a partner.

• 7876 - Copyright Law

  This course will focus on the legal protection of creative works through copyright and related rights. Topics covered typically include the copyrightable subject matter, ownership of copyright, purposes and goals of copyright, originality, fixation, formalities, and the various rights, limitations, and remedies provided by copyright.

• 7876 - Appellate Clinic

  The Appellate Clinic involves placement in a public, public interest or private law office to observe and work on appellate litigation. The co-requisite Appellate Practice Course provides a forum for students to share their experiences and explore these issues in greater depth.

• 7877 - International Law Colloquium

  In this colloquium, outstanding visiting speakers present innovative ideas about cutting edge issues in international law and global policy, with particular reference to economic globalization and its implications. The speaker's draft paper is read in advance by all participants. Students prepare short response papers, and engage in a discussion with the speaker and interested members of the Utah faculty on the themes raised. Students interested in writing their own research paper can sign up for a Directed Research credit in tandem with taking the Colloquium.

• 7878 - Counterterrorism Simulation Design

  The Counterterrorism Simulation Design course provides a unique opportunity for students who have previously taken Global Perspectives on Counterterrorism to directly participate in creating simulations conducted in the Counterterrorism course. Students will research and write scenarios, facilitate student preparation for the simulation exercises conducted in the Counterterrorism course and lead simulation sessions. Scenarios address a wide-range of legal issues including constitutional law, criminal law, and international law. This graded course is two credits per semester (4 total credits for the year). A yearlong commitment is required. Prerequisite: Global Perspectives on Counterterrorism.

• 7879 - Outdoor Recreation Law

  This course will explore the legal issues confronting outdoor recreation providers, focusing on the various substantive areas of law as applied to this industry. Legal issues will include Utah?s Inherent Risk of Skiing Act, Utah?s Passenger Ropeway and Safety Act, pre-injury waivers and releases from liability, employment issues (including foreign work VISAs and workers compensation issues), antitrust issues, environmental issues, and real estate development issues.

• 7880 - Non-Profit Organizations Law

  This course introduces students to the fundamental corporate, tax, charitable trust and business principles associated with not-for-profit organizations. Activities conducted through not-for-profit organizations constitute one of the largest sectors of the economy. Indeed, many of the activities comprising the social fabric of our culture, education, health care, religion, charities are conducted through not-for-profit organizations. While sharing some features with their for-profit brethren, not-for-profits face unique business and legal issues. We examine these issues in a variety of contexts, focusing on the theoretical and the practical aspects of these organizations.

• 7881 - Federal Criminal Law

  This class will examine a number of uniquely federal crimes, such as RICO, CCE, and civil rights violations. It will also explore a number of issues that arise in the enactment and enforcement of federal criminal law, such as the bases for federal criminal jurisdiction, issues of statutory construction, and the choice between state, federal, or duplicative prosecutions.

• 7882 - Religion and the First Amendment

  This course examines the legal relationship between religion and government, paying particular attention to the history, values, and case law surrounding the Religion Clauses of the First Amendment. Students will also study protections for religious liberty arising from the Free Speech Clause and state and federal legislation, as well as several current controversies over the separation of church and state.

• 7883 - Initial Public Offerings

  The course is intended to review the preparation a private company goes through for an initial public offering (IPO), the actual process of filing an S-1 to become a public company and the associated on-going regulatory requirements (Securities Exchange Act 1934). The course will also review the JOBS ACT and how it has changed capital fundraising in the public markets, as well as discuss elements of Sarbanes Oxley and the Dodd-Frank Act. In addition, the course will focus on when to go public (if at all) and the role of investment banks in the IPO. The focus of the course is on practical application (i.e. students will be expected to prepare parts of an actual S-1). At the end of the course, students should have practical and meaningful insights into an IPO from both a legal and business perspective.

• 7884 - Information Privacy Law

  This course presents an interdisciplinary examination of the threats to an individual?s right of privacy as the amount of personal information collected and held by others continues to expand through new digital and internet technologies. Students will study the information privacy challenges posed by these emerging technologies and address possible legal, personal and policy responses.

• 7900 - Legal Profession

  The nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. This course is required for graduation and may be taken in either the second or third year.

• 7901 - Legal Profession - Clinical

  The nature of the legal profession, with particular emphasis on the roles of lawyers and the ways in which those roles create legal, political, moral and personal conflicts. The Model Rules of Professional Conduct are studied. Legal Profession is required for graduation, and this version of the course satisfies that requirement. The Clinical section of this course requires concurrent enrollment in a clinic and placement at a private office engaged in pro bono work (new Law Practice Clinic) or at a non-profit law office (Civil Clinic, Environmental, Innocence, etc.) in order to put the topics covered in context, to share concrete examples of the rules put into practice, and to explore professional identity. This section will also cover law office management issues important to solo and small office practice.

• 7910 - Medieval English Law

  Focuses upon the period that created the foundation for the common law. While the substantive doctrines are unusual, the lawyering techniques are similar to those in contemporary use. Through close case readings, class discussions provide practice in the skills of argumentation and the interpretation of difficult documents.

• 7910 - International Law

  This is the foundational international law course. Through the study of historical and contemporary issues, this course introduces the basic doctrines and institutions of public international law. Using these issues as a context for understanding how the international legal system operates, the course explores classical, modern, and contemporary doctrines and theories about international law. In addition to studying the substantive legal issues of self-determination, human rights and the law of war, the course will cover treaties and conventions; the development of customary law; and the role/identity of individuals, states and international organizations in the international legal system.

• 7910 - American Legal History

  This course is about how law has interacted with the development of America. What events, values, and movements shaped the American legal order? The greatest emphasis will be upon the nineteenth century. The materials will be secondary sources with some use of primary materials.

• 7910 - Creation of the Constitution

  This course will explore the creation of the United States Constitution from a multi-disciplinary perspective. We will begin with constitutional antecedents and the intellectual, economic, and political context leading to the constitutional convention, the convention itself, and the ratification process. We will focus specifically on the question of the extent of the Union, the balance of power between the federal government and the states, the three departments of government (executive, legislative, judicial), the absence of a Bill of Rights, and the question of slavery. We will examine the arguments both of the proponents of the new constitution (especially the Federalist Papers) and of the opponents (the Anti-federalists).

• 7920 - Lawyering Skills Survey

  The basic lawyering skills of interviewing, counseling, negotiating and problem-solving will be taught using videotaped demonstrations, role-playing exercises, students videotaped performances, discussions and reflective writing. During the academic year students should arrange to observe/engage in these lawyering skills in actual practice in order to reflect upon them. Such opportunities can be obtained through paid clerkships, the Pro Bono Initiative or appropriate Clinics (Civil, Criminal, Mediation). See Clinical Program Brochure for further information on live experiences and on clinic options.

• 7930 - Clinic - Civil

  The Civil Clinic allows students to learn essential skills (interviewing, counseling, negotiation) by representing actual clients at public interest law offices. (e.g. Utah Legal Services). Students may work in any of a wide variety of legal areas (e.g. family law, elder law, landlord-tenant). PRE- OR CO- REQUISITE: Law 7920 Lawyering Skills OR Law 7921 Lawyering Skills and Legal Profession

• 7940 - Judicial Process

  Provides an opportunity for students to place their judicial clinic experiences in a broader context, and to explore their insights about courts in greater depth. The class looks at how judges make decisions by considering legal philosophy, brought to bear upon statutory, common law and constitutional interpretation. The course focuses on how judges are selected and how process affects decision-making. The course also considers how courts operate and current issues about the adversary process. PRE- OR CO- REQUISITE: Law 7950 Judicial Clinic Placement

• 7952 - Clinic - Disability Law

  The Disability Law Clinic permits students to augment their study in the Disability Law class with work on cases at the Disability Law Center. The Disability Law Center is the state-wide protection advocacy agency funded to represent persons with disabilities in legal cases relating to their disability. Case Work may include public benefits for persons with disability, access, civil rights and educational rights.
  
  For more information see: Disability Clinic Webpage

• 7952 - Clinic - Elder Law

  The Elder Law Clinic introduces students to current legal and policy issues and options affecting older persons. Students may work at Senior Lawyer Volunteer Project at Utah Legal Services or in other settings in which the issues facing the elderly arise. The Elder Law Course provides a forum for students to share their experiences and explore these issues in greater depth.

• 7953 - Civil Rights Practicum - Clinic

  The Civil Rights Practicum clinical component will take place in close cooperation with outside counsel and may include activities such as witness interviews, gathering and analyzing the relevant facts and law, complaint and/or report drafting, and active litigation. Although the clinical component is P/F, assignments undertaken for the clinical component will factor into grades assigned for Law 7844, the Civil Rights Practicum course.

• 7960 - TEACHING ASSISTANT- Legal Writing

  Selection required. One year commitment. (graded -- 2 Fall; 2 Spring)

• 7961 - TEACHING ASSISTANT- Academic Support

  Students receive training in the skills of legal analysis and peer-teaching, including curriculum development, in conjunction with leading a small study group within one of the first year courses. (Graded 1st semester- 2; ungraded 2nd semester -2)

• 7981 - Utah Environmental Law Review

  Selection required. One year commitment.

• 7981 - PUBLICATION- JLFS

  Selection required. One year commitment.

• 7981 - PUBLICATION- JLREL

  Selection required. One year commitment.

• 7981 - PUBLICATION- Utah Law Review

  Selection required. One year commitment.

• 7990 - Criminal Process

  This year-long course includes lecture, discussion and problems to prepare students who are enrolled in the Criminal Clinic to handle criminal cases. It also explores the criminal justice system from various social science perspectives and the role of attorneys in that system. This course is open only to 3Ls who are concurrently enrolled in the year-long Criminal Clinic. See Clinical Program Brochure for more information on the Criminal Clinic. PREREQUISITES: Evidence, Trial Advocacy. RECOMMENDED: Criminal Procedure

• 7991 - Clinic - Criminal Prosecutor

  The Criminal Clinic focuses on the practice of criminal law (including case preparation, oral advocacy, court procedures, and ethics); the role and function of prosecutors and defense attorneys; and the criminal justice system. Students appear as prosecutors and defense attorneys in misdemeanor cases and assist in felony trials. This clinic is a 2-semester commitment (Fall & Spring) open to third year students only. Prerequisites: Evidence and Trial Advocacy. Co-requisite: Criminal Process.

• 7991 - Clinic - Criminal Defender

  The Criminal Clinic focuses on the practice of criminal law (including case preparation, oral advocacy, court procedures, and ethics); the role and function of prosecutors and defense attorneys; and the criminal justice system. Students appear as prosecutors and defense attorneys in misdemeanor cases and assist in felony trials. This clinic is a 2-semester commitment (Fall & Spring) open to third year students only. Prerequisites: Evidence and Trial Advocacy. Co-requisite: Criminal Process.

• 7991 - Prosecutor

  The Criminal Clinic focuses on the practice of criminal law (including case preparation, oral advocacy, court procedures, and ethics); the role and function of prosecutors and defense attorneys; and the criminal justice system. Students appear as prosecutors and defense attorneys in misdemeanor cases and assist in felony trials. This clinic is a 2-semester commitment (Fall & Spring) open to third year students only. Prerequisites: Evidence and Trial Advocacy. Co-requisite: Criminal Process.

• 7991 - Defender

  The Criminal Clinic focuses on the practice of criminal law (including case preparation, oral advocacy, court procedures, and ethics); the role and function of prosecutors and defense attorneys; and the criminal justice system. Students appear as prosecutors and defense attorneys in misdemeanor cases and assist in felony trials. This clinic is a 2-semester commitment (Fall & Spring) open to third year students only. Prerequisites: Evidence and Trial Advocacy. Co-requisite: Criminal Process.