Course Descriptions

Summer 2012 Class Descriptions: Electives

Civil Rights Theories Seminar (Roy L. Brooks)
LWPP521

3 credit(s)

This seminar will study closely several systems of accepted knowledge about how our government regulates or should regulate race relations during this Post-Civil Rights Era. These racial paradigms provide the subtext of public and, to a lesser extent, private institutional decision making, and are often debated within the pages of Supreme Court cases. While references will be made to Supreme Court cases and to specific justices, the seminar will focus on primary sources; in other words, the texts that generate fundamental civil rights theories. The readings will be interdisciplinary (drawing on legal, sociological, economic, psychological, historical, and political themes) and will stress the importance of contextualization. A conceptual scheme will be offered to help students understand, organize, and analyze civil rights theories; but students will be asked to develop their own well-informed views about the theories. Students will be evaluated on the basis of a paper plus weekly oral and written classroom presentations. Class attendance is essential.

Comparative Legal Traditions (Thomas Lundmark)
LWIC517

2 credit(s)
Requirement: Writing

This course offers an in-depth comparison of the actors (lawyers, judges, and lay judges and jurors) and of certain linguistic, philosophical, and methodological features of four jurisdictions: Germany, Sweden, England and Wales, and the United States. The approach taken is to compare these jurisdictions on the basis of their languages, their conceptions of law, their primary actors, and their methods of dealing with legal rules (legal reasoning, statutes and their construction, and use of judicial precedents). In doing so, the course will make predictions about what developments might be expected in the future. In their research paper, students will be expected to compare two jurisdictions on the basis of one of these aspects, or on the basis of some other aspect approved by the instructor. At least one of the jurisdictions chosen for the comparison must be Germany, Sweden, England and Wales, the United States, or an American state or territory such as Puerto Rico. This class begins Monday, July 9 and ends Thursday, July 26, 2012.

Corporate Tax Reporting (Joshua Maxwell)
LWAA510

1 credit(s)
Concentration(s): LLM in Taxation (LLMT)
Prerequisite(s): Tax II or similar undergraduate course upon approval

In corporate transactions and business operations, it is necessary for tax lawyers to advise on compliance issues and be able to understand information reported on IRS forms. This course will discuss corporate tax compliance, forms, and common issues, with a focus on extracting information from the face of the forms and how common transactions are reported. The class will cover Form 1120, Form 5471 and foreign reporting, common elections and disclosures, tax income adjustments (Schedule M), and other related topics. Class attendance will be required and essential to learning the topics. Grade based on a final exam covering common issues, basic compliance logistics, and the ability to analyze and gather information from IRS reporting.

Note: This is an advanced tax course with priority enrollment for LLM in Taxation students. JD students can apply through the Graduate Programs office.

Energy Taxation and Policy (Walter Wang)
LWTE517

2 credit(s)
Requirement: Writing
Concentration(s): Public Interest Law (JD), LLM in Taxation (LLMT)

This course will examine fiscal measures, primarily through taxation, that the Federal government has utilized to stimulate investment in energy projects and products. The course will examine the core economic theories regarding energy taxation and the application of such theories to real world policies. This course will examine how tax measures have stimulated growth in traditional forms of energy such as oil and gas and how current Federal tax policy stimulates investment in renewable energy. This course will also broad based policies designed to reduce emissions (greenhouse gas or otherwise) and the tax provisions related to such policies. This course is designed to satisfy the law school’s written work requirement.

Note: This is an advanced tax course with priority enrollment for LLM in Taxation students. JD students can apply through the Graduate Programs office.

Evidence (Jean Ramirez)
LWLP529

4 credit(s)
Concentration(s): Criminal Litigation (JD), Civil Litigation (JD)

This course is about how facts are proved at trial and other evidentiary hearings. The course focuses on the Federal Rule of Evidence. Among the topics covered are the following: relevance, character evidence, habit, impeachment, objections and motions in limine, authentication of real and demonstrative evidence, the Best Evidence Rule, hearsay, privileges, lay witness opinion, expert witnesses, and judicial notice.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

Intellectual Property & Business (Ted Sichelman)
LWIP572

3 credit(s)
Requirement: Writing
Concentration(s): Intellectual Property (JD)
Recommended Class(es): IP Survey or any course in patent law

The best intellectual property and tech-focused corporate lawyers have a thorough understanding of the ways clients use and are affected by IP in their daily business. This seminar will provide an introduction to how patents, copyrights, trademarks, and trade secrets (1) are used by IP owners to further their business strategies and (2) affect non-IP owners, who must often license IP rights at substantial cost. Specific topics include: the role of trademarks in promoting product “branding”; the use of patents in commercializing inventions; the effects of trade secrecy on R & D investment and employee mobility; IP and the emerging field of “microinnovation”; the effects of copyright on Internet business models; the use of IP by startup companies; private markets for buying, selling, and licensing IP rights; the role of patents in biotech deals; copyrights in the entertainment industry; and trademarks and “luxury” goods. The course will be co-taught by a law professor (Sichelman) and a business school professor (Saucet). The majority of the course will consist of lectures and classroom discussions. The only assignment is a paper, which students will present at the end of the course. Prerequisites: None. Either a course in intellectual property law or some work experience at a technology company is recommended, but not required.

Legal Research Bootcamp (Karl Gruben)
LWLP554

1 credit(s)

This course will cover the basics of legal research, plus some advanced techniques, such that the student should be prepared to enter the workforce with adequate to superior research skills. Included will be paper-based resources, but online sources will be discussed and demonstrated where necessary, such as the online versions of Shepards and Keycite, as well as indexes. The course is pass-fail and passing will be based on class attendance, CALI exercises, and some homework assignments.

Negotiation (Gregg Relyea)
LWLP560

2 credit(s)
Requirement: Skills
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD)

Effective negotiation skills are essential to the successful practice of law. Most legal disputes are resolved through direct negotiation. This course will teach students effective communication techniques and negotiation strategies in a workshop style setting. The course will introduce students to different types of bargaining, different approaches to bargaining, specialized communication techniques used by effective negotiators, and techniques for overcoming negotiating impasses. Negotiation practices will be taught using both lecture and experiential methods (interactive exercise, role play exercises). This course will be practical in its orientation, with an emphasis on prevailing negotiation techniques and strategies customarily used by practicing lawyers. Due to the participatory nature of the course, enrollment will be limited. Grades will be based on a written final examination, homework assignments, and class participation. The course is graded on a 4-tier Pass/Fail basis.

Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).

Negotiation (Dennis L. Sharp)
LWLP560

2 credit(s)
Requirement: Skills
Concentration(s): Business and Corporate Law (JD), Civil Litigation (JD)

This class is about negotiation and dispute resolution: how not to lose when thinking win-win. Many negotiators fail to maximize their outcomes because they either take extreme, unyielding positions or because they look for an optimal ‘win-win' solution and in the process give their counterpart value that they could capture themselves. This course focuses on the strategy behind dispute resolution (negotiation, mediation, arbitration) and speaks in a practical way about how to use that strategy to maximize what can be achieved in those situations. Through a combination of lectures, in-class exercises, class discussions and guest speakers, the class will explore the different methods of dispute resolution, and how to maximize your outcome in each. The first part of the course highlights the difference between the different types of dispute resolution. We'll then focus on game theory and its role in negotiation. We'll then focus on how to maximize the potential overall value of the outcome to all parties in a dispute… and subsequently how to capture a disproportionate share. Grade determined by weekly assignments, class participation and a take home final examination. This class will be graded on the four-tier pass/fail grading system.

Note: Students may only elect this course or Alternative Dispute Resolution to count towards the Civil Litigation Concentration (JD).

Space & Cyber Law (Matthew Schaefer)
LWIP573

3 credit(s)
Concentration(s): Intellectual Property (JD)

This course begins with an overview of space and cyber domains, the interconnection between the two, and the challenges posed for legal regulation and enforcement in these two domains. It proceeds with a detailed examination of elements of military, commercial, and civilian government space law and policy with reference to current and future developments. Course coverage will include the four major international treaties dealing directly with space (the Outer Space Treaty, Liability Convention, Registration Convention, Rescue and Return Agreement), the application of these Cold-War era treaties to modern space activities and issues (including space tourism, space debris, space security, and intellectual property and other property rights in space), “soft law” instruments attempting to regulate space, U.S. national legislation and regulations addressing commercial space activities, including space tourism and space patents, state laws addressing commercial space activities, and mechanisms for the creation and negotiation of international space law, including the United Nations Committee on the Peaceful Uses of Outer Space. This course concludes with an exploration of a range of legal issues in cyber domain that are critical to the protection of US intellectual property as well as privacy, including an examination rules governing cyberwarfare, cyber espionage, and cyber crime, at both the international level (e.g. Budapest Convention) and within the US legal system (e.g. Digital Millennium Copyright Act). More generally, the course will explore the interrelationship between technology and law as mechanisms of regulation in both the space and cyber domains. This course will have a tradition final exam.

Trusts & Estates; Wills & Trusts (Dennis Lilly)
LWTE555

3 credit(s)

This survey course provides an introduction to non-tax aspects of estate planning and the law of gratuitous transfers, including inter vivos gifts, intestate succession, wills, will substitutes, trusts, fiduciary administration, and future interests.

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