Historical Course List

Historical Course List

The table below lists courses offered for the current school year and the previous two years.

Number Title Semester Description
7961 - 1Academic Support2014 FallStudents 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)
6040 - 1Civil Procedure2014 FallTopics 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.
6080 - 1Contracts2014 FallLegal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.
6140 - 1Torts2014 FallStudy of the law that governs the recovery of money damages or other civil relief (as distinguished from criminal prosecutions) for harm caused by another persons conduct. Primarily devoted to examination of the legal protection for each individual's interests in his or her person, relationships, and property.
6180 - 1Legal Methods2014 FallThe 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.
7040 - 1Evidence2014 FallRules 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 - 1Bus Organizations2014 FallThis 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.
7070 - 1Federal Income Tax2014 FallThe 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.
7990 - 1Criminal Process2014 FallThis 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
7940 - 1Judicial Process2014 FallProvides 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
7240 - 1Environmental Law2014 FallAn 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.
7410 - 1Constitutional Law II2014 FallIndividual 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.
7900 - 1Legal Profession2014 FallThe 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.
7981 - 1Utah Law Review2014 FallSelection required. One year commitment.
6190 - 1Legal Research2014 FallTaught 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.
7097 - 1Appellate Practice2014 FallAn 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.
7300 - 1Administrative Law2014 FallFederal 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.
7030 - 1Criminal Procedure2014 FallIntroduction 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.
7330 - 1State & Local Govt2014 FallAn 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.
7602 - 1Estate Planning2014 FallThis 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.
7782 - 1Justice Thru Research2014 FallStudents 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.
7700 - 1Land Use Control2014 FallPrepares 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.
7788 - 1New Ventures2014 FallThe 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.
7200 - 1Natural Resources2014 FallProvides 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.
7570 - 1Real Estate Drafting2014 FallA 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.
7065 - 1Intellectual Property2014 FallThis 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.
7770 - 1Bankruptcy Survey2014 FallWith 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.
7845 - 1Int'l Criminal Law2014 FallBasics of the transnational issues likely to arise in both US criminal cases and international efforts to impose criminal responsibility on the perpetrators of serious offenses. Specifically, the course introduces general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals; application of those principles to specific offenses such as terrorism and torture; extraterritorial application of US law; and the prosecution of international crimes such as crimes against humanity and war crimes.
7260 - 1Environmental Practice2014 FallThis 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
7920 - 1Lawyering Skills Survey2014 FallThe 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.
7878 - 1Terrorism Sim. Design2014 FallThe 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.
7829 - 1Innocence Law2014 FallThis 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.
7020 - 1Legislative Process2014 FallThis 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.
7002 - 1Federal Courts2014 FallSurvey 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.
7074 - 1Family Law2014 FallThis 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.
7060 - 1Commercial Law2014 FallThe 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).
7869 - 1Adoption Law2014 FallThis 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.
7800 - 1Equality, Race and the Law2014 FallThis seminar will provide an in-depth exploration of racial (in)equality in the United States. It will begin by grounding students in the theory and doctrines governing racial equality and move on to a discussion of contemporary issues. Selection of specific issues will be primarily student-driven but topics may include mass incarceration, racial micro-aggressions, affirmative action, the school-to-prison pipeline, school desegregation, and Native American tribal enrollment.
7800 - 2Global Justice2014 FallWhat 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 - 3Curr Issues Environmental Law2014 FallThis 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 - 4Current Issues Securities Law2014 FallThis 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 - 5Poverty Law2014 FallThe Poverty Law seminar will consider theories about the poor and the practice of law for the poor, including the range of public benefits programs and the social policy under-pinnings of welfare. The course will discuss the effectiveness of these public benefit programs and social policies and consider possible alternative approaches.
7600 - 1Trusts & Estates2014 FallThis 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.
7844 - 1Public Policy Practicum2014 FallThe 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.
7879 - 1Outdoor Recreation Law2014 FallThis 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.
7570 - 2Drafting: Contracts2014 FallThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7080 - 1Pre-Trial Practice2014 FallThe 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 - 4Arbitration2014 FallThe 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.
7860 - 1Complex Civil Litigatn2014 FallThis 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.
7874 - 1Ocean and Coastal Law2014 FallThis 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 - 1Partnership Tax2014 FallThis 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.
7290 - 1Disability Law2014 FallIntroduction 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.
7800 - 6Issues in Federal Indian Law2014 FallThis 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.
7887 - 1Environmental Crimes2014 FallThe Environmental Crimes course will discuss investigations of alleged criminal violations of federal pollution and wildlife laws, charging decisions, proving the case, sentencing, and restitution issues, and how counsel can advise their clients to avoid these issues. This class will cover criminal provisions of the Clean Water Act, Clean Air Act, RCRA, the Lacey Act, and the Migratory Bird Treaty Act, just to name a few.
6100 - 1Criminal Law2015 SpringThe substantive law of crimes, including general principles and the elements of specific offenses and defenses.
6120 - 1Property2015 SpringCommon 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 - 1Legal Methods2015 SpringThe 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.
7040 - 1Evidence2015 SpringRules 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.
7072 - 1Trial Advocacy2015 SpringA 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.
7990 - 1Criminal Process2015 SpringThis 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
7940 - 1Judicial Process2015 SpringProvides 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
7098 - 1Traynor Moot Court2015 SpringSecond or third year. Students will brief and argue an appellate legal issue and participate in the intra-mural moot court competition.
7410 - 1Constitutional Law II2015 SpringIndividual 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.
7560 - 1Adv Legal Resrch2015 SpringThis 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.
7900 - 1Legal Profession2015 SpringThe 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.
7981 - 1Utah Law Review2015 SpringSelection required. One year commitment.
7350 - 1Immigration Law2015 SpringThrough 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.
7602 - 1Estate Planning2015 SpringThis 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.
7600 - 1Trusts & Estates2015 SpringThis 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.
7300 - 1Administrative Law2015 SpringFederal 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.
7920 - 1Lawyering Skills Survey2015 SpringThe 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.
7030 - 1Criminal Procedure2015 SpringIntroduction 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.
7440 - 1Teaching Law in H.S.2015 SpringStudents 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.
7570 - 1Drafting: Contracts2015 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 1Human Rights & Corporations2015 SpringThis 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 - 2Victim's Rights2015 SpringIn recent years, a strong movement has developed urging that crime victims should play a role in the criminal justice process. This seminar 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.
7800 - 4Federal Criminal Law2015 SpringThis 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.
7800 - 5Takings2015 SpringThe 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.
6060 - 1Constitutional Law I2015 SpringThe 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.
7782 - 1Justice Thru Research2015 SpringStudents 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.
7788 - 1New Ventures2015 SpringThe 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.
7797 - 1International Bankruptcy2015 SpringInternational 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.
7789 - 1Prsptvs Counter-Terror2015 SpringThis 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 (3:15-5:15), 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 10, 2015 is mandatory for all students enrolled.
7760 - 1Patent Law2015 SpringThis 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).
7773 - 1IP Licensing2015 SpringThis 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.
7793 - 1Juvenile Court Law2015 SpringThis 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.
7844 - 1Public Policy Practicum2015 SpringThe 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.
7851 - 1Real Estate Trans/Finan2015 SpringStandard 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.
7010 - 1Mediation/Adv Negotiation2015 SpringThe 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.
7800 - 3Feminist Legal Theory2015 SpringThis 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. Historically, its essential concern was with the treatment of women by the legal system. Over the past three decades, it has developed into a general critique of the nature of law and the role of law in maintaining and perpetuating social hierarchies, with its own set of canons, methodologies, and internal critiques. During the semester, we will explore the many strands of feminist legal theory from a philosophical perspective, as well as apply feminist analysis to concrete areas of law such as family, employment, violence against women, reproductive freedom, and pornography.
7050 - 1Bus Organizations2015 SpringThis 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.
7230 - 1Water Law2015 SpringOverview 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.
7877 - 1Int'l Law Colloquium2015 SpringIn 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.
7051 - 1Business Planning2015 SpringApplies 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
7074 - 1Family Law2015 SpringThis 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.
7260 - 1Environmental Practice2015 SpringThis 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
7003 - 1Conflict of Laws2015 SpringJurisdiction, 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.
7878 - 1Terrorism Sim. Design2015 SpringThe 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.
7800 - 6Conservation Easements2015 SpringThis 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.
7570 - 2Patent Document Draftng2015 SpringThis 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.
7829 - 1Innocence Law2015 SpringThis 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.
7870 - 1Law Practice Management2015 SpringThis 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.
7625 - 1Middle Eastern Law2015 SpringThe 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.
6190 - 1Legal Research2015 SpringTaught 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.
7080 - 1International Human Rights2015 SpringThis course explores the emergence, enforcement and expansion of international human rights law. It provides a survey of the historical and philosophical foundations of modern human rights norms and examines international human rights treaties, institutions and enforcement mechanisms. Topics include the intersection between human rights and globalization, development and transitions to democracy, humanitarian intervention in civil conflicts, accountability for atrocities, women's and children's rights, minority group rights, refugees, migrants and traffic in persons. RECOMMENDED: International Law, Con Law II
7884 - 1Information Privacy Law2015 SpringThis 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.
7800 - 7Consumer Finance & Banking Law2015 SpringThis seminar will consider the regulation of banks and other financial institutions with a focus on consumer financial services. Topics covered will include the current structure of federal banking regulatory agencies, the recent financial crisis and the Dodd?Frank Wall Street Reform and Consumer Protection Act, various product markets such as residential mortgages and credit cards, as well as proposals for reform.
7800 - 8Climate Change2015 SpringThis 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.
7064 - 1Consumer Law2015 SpringThis 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.
7775 - 1Bus Bankruptcy: Reorgs2015 SpringClass 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.
7796 - 1Mining Law2015 SpringDefinitions 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.
7828 - 1Sexuality, Gender & Law2015 SpringThis 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.
7838 - 1Conflict Management2015 SpringThis 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.
7910 - 1American Legal History2015 SpringThis 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 - 2International Law2015 SpringThis 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 - 3Medieval English Law2015 SpringFocuses 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.
7800 - 10Intellectual Property2015 SpringIn this seminar, students interested in intellectual property will engage in a scholarly research project culminating in a substantial paper suitable for publication or submission to a student writing competition. With supervision and guidance, students will be expected to conduct in-depth research, develop an original project, and write a substantial paper. Students also will participate in peer assessment, self-editing, small group and individual conferences, and class presentations. The workshop meets once a week for two hours and satisfies the substantial writing requirement.
7888 - 1Securities Law I2015 SpringThis course will prepare students to provide legal counsel to companies looking to raise capital through private and public offerings of securities. This course will cover the securities laws pertaining to such transactions and introduce students to the documentation involved. In addition, rather than conduct public offerings, many private companies are acquired by competing firms. To prepare students for these transactions, this course will discuss the fundamentals of stock purchase agreements and related transaction documents.
7889 - 1Law and Biomedicine2015 SpringThis colloquium will involve presentations by outstanding scholars and practitioners in areas of law related to contemporary issues in law and the biosciences. These will be drawn from both the local area and nationally. Topics may include health care reform, law and mental health, food and drug law, genetics and law, and intellectual property. This 1-credit course is graded, and will meet only during the first 8 weeks of the semester.
7890 - 1Trademark Law2015 SpringTrademark law will cover the procedural and substantive law in obtaining trademark registrations in the U.S. Patent and Trademark Office and enforcement and licensing of federal and state registrations after they are obtained.
7854 - 1Leg Wrtg Judicial Clerk2015 SpringThis 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.
7872 - 1Clin-Hinckley-Int'l2015 Spring
7920 - 1Lawyering Skills Survey2014 SummerThe 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.
7570 - 1Drafting: Contracts2014 SummerThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7886 - 1Statutory Interpret2014 SummerThis course is designed to provide students with the skills to successfully interpret state and federal statutes. The course is organized around the doctrines and principles that courts rely on when interpreting statutes, and incorporates exercises and an exam that focuses on developing the tools to argue and resolve difficult statutory interpretation questions.
7859 - 1Corp Finan Transactions2014 SummerCorporate 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.
7842 - 1Take/Defend Depositions2014 SummerWith 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.
7841 - 1Prep & Exam Witnesses2014 Summer
7040 - 1Evidence2014 SummerRules 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.
7786 - 1Jurisprudence2014 SummerThe 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.
7854 - 1Leg Wrtg Judicial Clerk2014 SummerThis 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.
7940 - 1Judicial Process2014 SummerProvides 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
7080 - 1Advanced Issues in Crim Law2014 SummerThis course is intended for students that have an intense interest in criminal law issues. Students will engage in legal and interdisciplinary research on specific assigned topics of criminal law. Students will draft detailed memorandum analyzing and summarizing the results of this research. This class is not a seminar but may fulfill the substantial writing requirement with the permission of the instructor. Please contact instructor for details on this unique class.
859 - 1Corp Finan Transactions2014 SummerCorporate 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.
886 - 1Statutory Interpret2014 SummerThis course is designed to provide students with the skills to successfully interpret state and federal statutes. The course is organized around the doctrines and principles that courts rely on when interpreting statutes, and incorporates exercises and an exam that focuses on developing the tools to argue and resolve difficult statutory interpretation questions.
841 - 1Prep & Exam Witnesses2014 Summer
842 - 1Take/Defend Depositions2014 SummerWith 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.
6100 - 1Criminal Law2014 SpringThe substantive law of crimes, including general principles and the elements of specific offenses and defenses.
6120 - 1Property2014 SpringCommon 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 - 1Legal Methods2014 SpringThe 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.
7040 - 1Evidence2014 SpringRules 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.
7072 - 1Trial Advocacy2014 SpringA 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.
7990 - 1Criminal Process2014 SpringThis 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
7940 - 1Judicial Process2014 SpringProvides 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
7098 - 1Traynor Moot Court2014 SpringSecond or third year. Students will brief and argue an appellate legal issue and participate in the intra-mural moot court competition.
7410 - 1Constitutional Law II2014 SpringIndividual 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.
7560 - 1Adv Legal Resrch2014 SpringThis 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.
7900 - 1Legal Profession2014 SpringThe 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.
7981 - 1PUB-2014 Spring
7350 - 1Immigration Law2014 SpringThrough 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.
7602 - 1Estate Planning2014 SpringThis 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.
7600 - 1Trusts & Estates2014 SpringThis 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.
7300 - 1Administrative Law2014 SpringFederal 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.
7920 - 1Lawyering Skills Survey2014 SpringThe 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.
7030 - 1Criminal Procedure2014 SpringIntroduction 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.
7440 - 1Teaching Law in H.S.2014 SpringStudents 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.
7570 - 1Drafting: Contracts2014 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 1Adv Criminal Law2014 SpringAdvanced 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 - 2Curr Issues Law & Biosciences2014 SpringThis 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 - 4Current Issues in Family Law2014 SpringThis 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 - 5Int'l Law Foreign Investment2014 SpringThe 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.
6060 - 1Constitutional Law I2014 SpringThe 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.
7782 - 1Justice Thru Research2014 SpringStudents 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.
7788 - 1New Ventures2014 SpringThe 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.
7797 - 1International Bankruptcy2014 SpringInternational 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.
7789 - 1Prsptvs Counter-Terror2014 SpringThis 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 (3:15-5:15), 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.
7760 - 1Patent Law2014 SpringThis 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).
7773 - 1IP Licensing2014 SpringThis 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.
7793 - 1Juvenile Court Law2014 SpringThis 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.
7844 - 1Public Policy Practicum2014 SpringThe 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.
7851 - 1Real Estate Trans/Finan2014 SpringStandard 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.
7010 - 1Mediation/Adv Negotiation2014 SpringThe 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.
7800 - 3Corporate Citizenship2014 SpringThis 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.
7050 - 1Bus Organizations2014 SpringThis 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.
7230 - 1Water Law2014 SpringOverview 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.
7877 - 1Int'l Law Colloquium2014 SpringIn 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.
7051 - 1Business Planning2014 SpringApplies 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
7074 - 1Family Law2014 SpringThis 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.
7260 - 1Environmental Practice2014 SpringThis 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
7056 - 1Corporate Finance2014 SpringThis 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.
7250 - 1Envirmntl Conflict Resolution2014 SpringThis 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.
7052 - 1Int'l Business Transact2014 SpringThis 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.
7003 - 1Conflict of Laws2014 SpringJurisdiction, 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.
7878 - 1Terrorism Sim. Design2014 SpringThe 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.
7800 - 8Climate Change2014 SpringThis 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.
7570 - 2Patent Document Draftng2014 SpringThis 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.
7875 - 1Partnership Tax2014 SpringThis 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.
7080 - 2Employment Law2014 SpringThis 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 - 3Supreme Court Practice2014 SpringSUPREME 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.
7829 - 1Innocence Law2014 SpringThis 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.
7870 - 1Law Practice Management2014 SpringThis 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.
7625 - 1Middle Eastern Law2014 SpringThe 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.
7761 - 1Criminal Penalties2014 SpringThis 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.
7778 - 1Remedies2014 SpringRemedies 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.
7784 - 1Sports Law2014 SpringA 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.
6190 - 1Legal Research2014 SpringTaught 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.
7080 - 1Securities & Corp Law Research2014 SpringThis 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.
7847 - 1Bioethics & the Law2014 SpringThe 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.
7360 - 1Health Law2014 SpringHealth 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.
7884 - 1Information Privacy Law2014 SpringThis 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.
7800 - 9Current Issues Securities Law2014 SpringThis 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.
7850 - 1Entertainment Law2014 SpringThis 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.
7961 - 1Academic Support2013 FallStudents 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)
6040 - 1Civil Procedure2013 FallTopics 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.
6080 - 1Contracts2013 FallLegal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.
6140 - 1Torts2013 FallStudy of the law that governs the recovery of money damages or other civil relief (as distinguished from criminal prosecutions) for harm caused by another persons conduct. Primarily devoted to examination of the legal protection for each individual's interests in his or her person, relationships, and property.
6180 - 1Legal Methods2013 FallThe 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.
7040 - 1Evidence2013 FallRules 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 - 1Bus Organizations2013 FallThis 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.
7070 - 1Federal Income Tax2013 FallThe 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.
7080 - 1Pre-Trial Practice2013 FallThe 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.
7990 - 1Criminal Process2013 FallThis 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
7940 - 1Judicial Process2013 FallProvides 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
7240 - 1Environmental Law2013 FallAn 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.
7410 - 1Constitutional Law II2013 FallIndividual 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.
7900 - 1Legal Profession2013 FallThe 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.
7910 - 1International Law2013 FallThis 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.
7981 - 1Utah Law Review2013 FallSelection required. One year commitment.
6190 - 1Legal Research2013 FallTaught 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.
7080 - 2Arbitration2013 FallThe 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.
7097 - 1Appellate Practice2013 FallAn 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.
7300 - 1Administrative Law2013 FallFederal 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.
7030 - 1Criminal Procedure2013 FallIntroduction 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.
7330 - 1State & Local Govt2013 FallAn 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.
7602 - 1Estate Planning2013 FallThis 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.
7782 - 1Justice Thru Research2013 FallStudents 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.
7700 - 1Land Use Control2013 FallPrepares 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.
7788 - 1New Ventures2013 FallThe 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.
7200 - 1Natural Resources2013 FallProvides 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.
7570 - 1Real Estate Drafting2013 FallA 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.
7065 - 1Intellectual Property2013 FallThis 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.
7770 - 1Bankruptcy Survey2013 FallWith 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.
7845 - 1Int'l Criminal Law2013 FallBasics of the transnational issues likely to arise in both US criminal cases and international efforts to impose criminal responsibility on the perpetrators of serious offenses. Specifically, the course introduces general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals; application of those principles to specific offenses such as terrorism and torture; extraterritorial application of US law; and the prosecution of international crimes such as crimes against humanity and war crimes.
7260 - 1Environmental Practice2013 FallThis 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
7828 - 1Sexuality, Gender & Law2013 FallThis 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.
7920 - 1Lawyering Skills Survey2013 FallThe 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.
7878 - 1Terrorism Sim. Design2013 FallThe 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.
7829 - 1Innocence Law2013 FallThis 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.
7020 - 1Legislative Process2013 FallThis 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.
7080 - 3International Legal Research2013 FallThis course helps students develop skills in researching foreign and international legal systems. Taught as a one credit hour, pass/fail course it is designed to introduce legal journal staff, think tank members, and any other interested law students to the challenges of researching non-U.S. legal systems. Topics covered include the domestic law of foreign nations, the deliberations of inter-governmental bodies such as the European Union, and the treaty based international legal system.
7002 - 1Federal Courts2013 FallSurvey 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? 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.
7074 - 1Family Law2013 FallThis 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.
7876 - 1Copyright Law2013 FallThis 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.
7867 - 1Corporate Tax2013 FallThis 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.
7060 - 1Commercial Law2013 FallThe 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).
7869 - 1Adoption Law2013 FallThis 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.
7790 - 1Energy Law2013 FallThis 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.
7800 - 1The Human Rights of Refugees2013 FallThis seminar will explore the basic legal, historical and theoretical foundations of international human rights law. It will then explore the more specialized law relating to the rights of aliens, refugees and migrants, focusing on legal responses to the violations faced by these peoples, and contemporary debates about these issues
7800 - 2Victim's Rights2013 FallIn recent years, a strong movement has developed urging that crime victims should play a role in the criminal justice process. This seminar 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.
7800 - 3Global Justice2013 FallWhat 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.
7800 - 4National Service Academy2013 FallStudents 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 - 7Curr Issues Environmental Law2013 FallThis 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.
7600 - 1Trusts & Estates2013 FallThis 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.
7844 - 1Public Policy Practicum2013 FallThe 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.
7879 - 1Outdoor Recreation Law2013 FallThis 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 - 1Non-Profit Orgs Law2013 FallThis 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.
7882 - 1Religion & First Amend2013 FallThis 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.
7881 - 1Federal Criminal Law2013 FallThis 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.
7883 - 1Initial Public Offer2013 FallThe 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.
7920 - 1Lawyering Skills Survey2013 SummerThe 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.
7859 - 1Corp Finan Transactions2013 SummerCorporate 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.
7570 - 1Drafting: Contracts2013 SummerThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 1Election Law2013 SummerWe 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.
7800 - 2Law & Literature2013 SummerThere 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.
7560 - 1Adv Legal Resrch2013 SummerThis class is team taught by law library faculty and 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.
7040 - 1Evidence2013 SummerRules 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.
7900 - 1Legal Profession2013 SummerThe 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.
7854 - 1Leg Wrtg Judicial Clerk2013 SummerThis 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.
7842 - 1Take/Defend Depositions2013 SummerWith 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.
7841 - 1Prep & Exam Witnesses2013 Summer
6100 - 1Criminal Law2013 SpringThe substantive law of crimes, including general principles and the elements of specific offenses and defenses.
6120 - 1Property2013 SpringCommon 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 - 1Legal Methods2013 SpringThe 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.
7040 - 1Evidence2013 SpringRules 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.
7072 - 1Trial Advocacy2013 SpringA 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.
7990 - 1Criminal Process2013 SpringThis 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
7940 - 1Judicial Process2013 SpringProvides 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
7098 - 1Traynor Moot Court2013 SpringSecond or third year. Students will brief and argue an appellate legal issue and participate in the intra-mural moot court competition.
7410 - 1Constitutional Law II2013 SpringIndividual 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.
7560 - 1Adv Legal Resrch2013 SpringThis class is team taught by law library faculty and 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.
7900 - 1Legal Profession2013 SpringThe 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.
7981 - 1JLFS2013 SpringSelection required. One year commitment.
7981 - 2Utah Environmental Law Review2013 SpringSelection required. One year commitment.
7981 - 3Utah Law Review2013 SpringSelection required. One year commitment.
7350 - 1Immigration Law2013 SpringThrough 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.
7080 - 1Cyberlaw and E-Commerce2013 SpringThis 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.
7602 - 1Estate Planning2013 SpringThis 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.
7600 - 1Trusts & Estates2013 SpringThis 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.
7300 - 1Administrative Law2013 SpringFederal 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.
7920 - 1Lawyering Skills Survey2013 SpringThe 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.
7030 - 1Criminal Procedure2013 SpringIntroduction 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.
7440 - 1Teaching Law in H.S.2013 SpringStudents 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.
7570 - 1Drafting: Contracts2013 SpringThis course will provide students with an introduction to the basics of drafting contracts, including multiple drafting exercises.
7800 - 1Law, Religion & Environmntlsm2013 SpringOften 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 - 2Corporate Citizenship2013 SpringThis 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 - 4Takings2013 SpringThe 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 - 5Climate Change2013 SpringThis 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.
6060 - 1Constitutional Law I2013 SpringThe 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.
7782 - 1Justice Thru Research2013 SpringStudents will do research on contemporary global issues in a variety of service partnership arrangements, including (by way of example) a study on corruption in Asia for the UNDP, research for authors of a new book series on the globalization of the U.S. law curriculum, and research and publication of major symposia, including The Role of Values in Counterterrorism (March 2007) and Globalizing Philanthropy (May 2007). Students will work in teams on at least one major project (approximately ten hours per week) for three co-curricular credits. Dean Chodosh will serve as the primary faculty in charge of supervising the research projects. Year-long, three credits, (1 Fall, 2 Spring) ungraded (pass/fail).
7788 - 1New Ventures2013 SpringThe 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.
7797 - 1International Bankruptcy2013 SpringInternational 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.
7060 - 1Commercial Law2013 SpringThe 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).
7789 - 1Prsptvs Counter-Terror2013 SpringThis 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, March 29, 2013 is mandatory for all students enrolled.
7760 - 1Patent Law2013 SpringThis 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).
7773 - 1IP Licensing2013 SpringThis 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.
7775 - 1Bus Bankruptcy: Reorgs2013 SpringClass 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.
7793 - 1Juvenile Court Law2013 SpringThis 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.
7844 - 1Public Policy Practicum2013 SpringThe 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.
7851 - 1Real Estate Trans/Finan2013 SpringStandard 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.
7002 - 1Federal Courts2013 SpringSurvey 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.
7010 - 1Mediation/Adv Negotiation2013 SpringThe 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.
7800 - 3Int'l Law Foreign Investment2013 SpringThe 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.
7786 - 1Jurisprudence2013 SpringThe 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.
7050 - 1Bus Organizations2013 SpringThis 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.
7230 - 1Water Law2013 SpringOverview 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.
7876 - 1Copyright Law2013 SpringThis 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.
7877 - 1Int'l Law Colloquium2013 Spring
7051 - 1Business Planning2013 SpringApplies 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
7910 - 1Medieval English Law2013 SpringFocuses 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.
7074 - 1Family Law2013 SpringThis 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.
7779 - 1Amer Health Care System2013 SpringThe 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.
7260 - 1Environmental Practice2013 SpringThis 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
7056 - 1Corporate Finance2013 SpringThis 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.
7631 - 1European Union Law2013 SpringThis course is designed to introduce students to the law and institutions of the European Union. It will examine the composition, organization, functions and powers of the Union's governing bodies; analyze the Union's governing treaties and constitutional law; and study the Union's decision-making processes. The course will also explore broader questions of political, legal and economic integration, such as the relation between the Union's law and the domestic law of the Union's Member States, the foreign policy of the EU. It will also examine more carefully the growing field of European contract law.
7250 - 1Wildlife Law2013 SpringThis 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 - 2Envirmntl Conflict Resolution2013 SpringThis 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.
7052 - 1Int'l Business Transact2013 SpringThis 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.
7836 - 1Leg Issues Archaeology2013 SpringLegal 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.
7003 - 1Conflict of Laws2013 SpringJurisdiction, 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.
7420 - 1Rights of Crime Victims2013 SpringIn 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.
7863 - 1Legislation2013 SpringThe 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.
7910 - 2American Legal History2013 SpringThis 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.
7878 - 1Terrorism Sim. Design2013 SpringThe 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.
7961 - 1Academic Support2012 FallStudents 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)
6040 - 1Civil Procedure2012 FallTopics 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.
6080 - 1Contracts2012 FallLegal principles governing the formation, interpretation, performance, enforcement, and discharge of contracts.
6140 - 1Torts2012 FallStudy of the law that governs the recovery of money damages or other civil relief (as distinguished from criminal prosecutions) for harm caused by another persons conduct. Primarily devoted to examination of the legal protection for each individual's interests in his or her person, relationships, and property.
6180 - 1Legal Methods2012 FallThe 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.
7040 - 1Evidence2012 FallRules 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 - 1Bus Organizations2012 FallIntroduction to law of business organizations, including general and limited partnerships, closely held corporations and public corporations, with special consideration of the problems associated with the relationship of the firm to the individuals and groups of which it is composed or with which it has dealings.
7070 - 1Federal Income Tax2012 FallThe 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.
7080 - 1Arbitration2012 FallThe 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.
7990 - 1Criminal Process2012 FallThis 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
7940 - 1Judicial Process2012 FallProvides 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
7240 - 1Environmental Law2012 FallAn 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.
7410 - 1Constitutional Law II2012 FallIndividual 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.
7800 - 1Human Rights & Corporations2012 FallThis 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 - 2Global Justice2012 FallWhat 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 - 3National Service Academy2012 FallStudents 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 - 4Current Issues in Family Law2012 FallThis course focuses on contemporary legal issues and problems in family law. Topics typically covered include marriage, non-marital relationships, divorce, custody, support, international and cross border family law problems, and the legal issues posed by nontraditional families.
7900 - 1Legal Profession2012 FallThe 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.
7910 - 1International Law2012 FallThis 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.
7981 - 1JLFS2012 FallSelection required. One year commitment.
7981 - 2Utah Environmental Law Review2012 FallSelection required. One year commitment.
7981 - 3Utah Law Review2012 FallSelection required. One year commitment.
6190 - 1Legal Research2012 FallTaught 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.
7800 - 5Curr Issues Environmental Law2012 FallThis 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.
7080 - 2Elder Law2012 FallThis 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.
7097 - 1Appellate Practice2012 FallAn 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.
7300 - 1Administrative Law2012 FallFederal 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.
7030 - 1Criminal Procedure2012 FallIntroduction 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.
7330 - 1State & Local Govt2012 FallAn 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.
7602 - 1Estate Planning2012 FallThis 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.
7782 - 1Justice Thru Research2012 FallStudents will do research on contemporary global issues in a variety of service partnership arrangements, including (by way of example) a study on corruption in Asia for the UNDP, research for authors of a new book series on the globalization of the U.S. law curriculum, and research and publication of major symposia, including The Role of Values in Counterterrorism (March 2007) and Globalizing Philanthropy (May 2007). Students will work in teams on at least one major project (approximately ten hours per week) for three co-curricular credits. Dean Chodosh will serve as the primary faculty in charge of supervising the research projects. Year-long, three credits, (1 Fall, 2 Spring) ungraded (pass/fail).
7700 - 1Land Use Control2012 FallPrepares 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.
7788 - 1New Ventures2012 FallThe 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.
7200 - 1Natural Resources2012 FallProvides 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.
7570 - 1Real Estate Drafting2012 FallA 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.
7065 - 1Intellectual Property2012 FallThis 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.
7770 - 1Bankruptcy Survey2012 FallWith 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.
7845 - 1Int'l Criminal Law2012 FallBasics of the transnational issues likely to arise in both US criminal cases and international efforts to impose criminal responsibility on the perpetrators of serious offenses. Specifically, the course introduces general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals; application of those principles to specific offenses such as terrorism and torture; extraterritorial application of US law; and the prosecution of international crimes such as crimes against humanity and war crimes.
7080 - 3International Human Rights2012 FallThis course explores the emergence, enforcement and expansion of international human rights law. It provides a survey of the historical and philosophical foundations of modern human rights norms and examines international human rights treaties, institutions and enforcement mechanisms. Topics include the intersection between human rights and globalization, development and transitions to democracy, humanitarian intervention in civil conflicts, accountability for atrocities, women's and children's rights, minority group rights, refugees, migrants and traffic in persons. RECOMMENDED: International Law, Con Law II
7873 - 1Int'l Law Writing2012 FallThis course examines key ideas and approaches in published writing on international law and global justice. Guidance is provided for students on topic selection, developing arguments, research techniques, and linking advocacy and practical international lawyering to foundational thinking. The course is intended to be of help to students engaged in projects such as the Global Justice Think Tank or the Jessup Moot, as well as providing a strong grounding for students intending to write a journal paper or a graduation paper on an international topic in other Law School seminars.
7874 - 1Ocean and Coastal Law2012 FallThis 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.
7080 - 4Pre-Trial Practice2012 FallThe 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.
7220 - 1Oil and Gas2012 FallOwnership, 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.
7260 - 1Environmental Practice2012 FallThis 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
7290 - 1Disability Law2012 FallIntroduction 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.
7320 - 1Antitrust2012 FallThe 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.
7800 - 6Equality, Liberty, & Civ Rghts2012 FallThis 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 - 7Issues in Federal Indian Law2012 FallThis 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.
7828 - 1Sexuality, Gender & Law2012 FallThis 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 the emerging tensions between assertions of LGBT rights and religious liberties. All views are welcome.
7839 - 119th Cent Disadv Groups2012 Fall
7920 - 1Lawyering Skills Survey2012 FallThe 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.
7875 - 1Partnership Tax2012 FallThis 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.
7860 - 1Complex Civil Litigatn2012 FallThis 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.
7878 - 1Terrorism Sim. Design2012 FallThe 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.
7829 - 1Innocence Law2012 FallThis 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.
7310 - 1Securities Regulation2012 FallProvides 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).
7020 - 1Legislative Process2012 FallThis course will explore the legislative process at the federal and state level with an emphasis on our state legislature. In this class we will explore how laws are made, the external influences that shape them and several current issues surrounding the Utah initiative process. There will be several opportunities in this class to attend legislative meetings and to participate in hearings. These experiences will greatly enhance your understanding of the legislative process and will provide background for class discussion.